Joint intervention on Indonesia in collaboration with three Indonesian NGOs, Working Group on Minorities sub-regional meeting, Chiang Mai

4 December 2002

Joint intervention on behalf of Bina Swaddya (Self-Reliance Development Foundation), Institut Dayakologi, Koteka Tribal Assembly (Demmak), and Minority Rights Group International.

Mr/Mrs Chairperson,

The following are recommendations drawn up after a consultation among the four signatories.

With regard to development:

At present, development processes are designed only in terms of the benefit to the nation as a whole, without regard to their effect on vulnerable minority and indigenous communities. To finance these projects, foreign debt has been incurred without consulting the population. In many cases, the revenue has only benefited previous governments and their political allies. Now, these debts are serviced by exploiting natural resources in a way that harms the environment and leads to violation of the rights of indigenous peoples, for example by expropriation of their land, or by raising charges for telephone, electricity and petrol.

In view of the above, indigenous peoples and minorities should be able to participate fully and effectively in all aspects of the development process, including decision-making, design, execution and evaluation, and should have a fair share of the benefits of programmes in their areas, in accordance with Articles 2.3 and 5.1 of the UN Minorities Declaration. Without such participation, development cannot be sustainable, for it will not have the support of local communities and may lead to violent conflict, the human and economic cost of which will cancel out any benefits both to the local community and the country as a whole.

Consideration should be given to affirmative action programmes which would enable disadvantaged groups, especially minorities and indigenous peoples, to improve their social and economic position.

With regard to civil and political rights:

Arrangements for autonomy or decentralisation should be tailored to the specific requirements of each region. In this regard consideration should be given to Article 18 of the Constitution, which states that “The division of the territory of Indonesia into large and small regions shall be prescribed by law in consideration of and with due regard to the principles of deliberation in the government system and the hereditary rights of special territories”. Procedures for election to local government structures should be transparent and fully democratic, in order to combat the phenomenon of corrupt local elites who monopolise political and economic power and do not have the support of the population.

The government should enact and enforce legislation to prohibit the dissemination by media, public officials or education institutions of unfair or stereotypical images of minorities and indigenous peoples. Such images include that of Chinese as being economically dominant, and of the Acehnese as being Muslim fundamentalists.

The government should institute programmes in schools to educate pupils fully about the realities of minorities and indigenous peoples, and about the background to conflicts such as those in Aceh and Papua, about which there is considerable ignorance.

The Draft Anti-Discrimination Act currently under deliberation by the Parliamentary Assembly should be passed into law.

The police and the judiciary should recognise crimes against humanity and violations of international law as such, and prosecute those responsible in accordance with the law; any contradiction with present Indonesian law, including the constitutional amendment on retroactive prosecutions should be investigated and the necessary changes made. In the case of mass violations of human rights, consideration should be given to the establishment of a fully independent and transparent Commission of Enquiry.

To this end, the government should institute training programmes for police, members of the judiciary, prison staff and government officials on human rights, in particular the rights of minorities and indigenous peoples. Information on minority and indigenous rights should be made widely available to the population at large in as many local languages as possible.

As long as the Indonesian army and police are still guilty of human rights violations, and there is continuing impunity for previous violations, the U.S. and other governments should not renew assistance to these institutions.

The government should, with the support of international donors, ensure the transparency and independence of the PTUN, a court which considers complaints brought by citizens against government officials or bodies.

In all practice, legislation and policy, the government should have full regard to Articles 27 and 29 of the Constitution which guarantee equality of all citizens and freedom of religion.

Given the fact that the West Papuans were never given a genuine chance for self-determination and the Indonesian government did not live up to its obligations under the New York Agreement, there should be no barrier to re-examining the issue of a referendum on independence under international law.

Indonesia should accede to the two International Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights, the Genocide Convention, and ILO Convention No. 169, and enact legislation to ensure the direct applicability in law of these instruments.

To foreign governments, donors, international finance institutions and inter-governmental organisations

Capacity-building programmes should be supported to strengthen Civil Society Organisations and traditional leadership bodies such as tribal elders. In particular, attention should be given to strengthening initiatives to promote tolerance, build peace and manage conflicts.

Thank you Mr/Mrs Chairperson.