Jun 05, 2003

Acheh: Situation in Indonesia, particularly in the Aceh province


European Parlaiment statement on the situation of Acheh
European Parliament Resolution
5 June 2003

Situation in Indonesia, particularly in the Aceh provinc

The European Parliament,

- having regard to its previous resolutions on the situation in Indonesia and in the Indonesian province of Papua, in particular its resolution of 13 December 2001 on Papua (Irian Jaya) and Sulawesi in Indonesia(1), and its resolution of 16 May 2002 on Indonesia (the Moluccas, Aceh and Papua)(2),

- having regard to the Commission communication of 2 February 2000 on developing closer relations with Indonesia (COM(2000) 50),

- having regard to the report of March 2002 of the EC conflict prevention assessment mission to Indonesia,

- having regard to its resolution of 13 December 2000 on the communication from the Commission to the Council and the European Parliament on developing closer relations between Indonesia and the European Union(3),

- having regard to the EC-Indonesia Strategy Paper 2002-2006,

- having regard to the Cessation of Hostilities Agreement (COH) signed on 9 ecember 2002 between the Government of Indonesia and the Gerakan ceh Merdeka (GAM),

- having regard to the EU Presidency's Statement on Aceh of 15 ay 2003,

- having regard to the General Affairs Council's conclusions of 19 ay 2003,

A. acknowledging and supporting the importance of Indonesia's ational erritorial integrity, while underlining that the only viable way for he ndonesian government to guarantee the territorial integrity of ndonesia is o engage in a genuine dialogue with the provinces in order to ackle the oot auses of separatism, and emphasising the importance of nter-ethnic, inter eligious and inter-regional dialogue and successful ecentralisation,


B. whereas at the start of her Presidency Megawati Sukarnoputri owed to olve the Aceh problem peacefully,

C. having regard to the setting-up in 1976 of GAM, a movement hich seeks he reation of an independent State, and whereas GAM is calling for a
referendum n self- determination,

D. whereas about 12 000 Acehnese civilians have perished during he 26 years of war, and whereas the Cessation of Hostilities Agreement COHA) signed on 9 ecember 2002 between the Free Aceh Movement (GAM) and the overnment of Indonesia was an attempt to bring peace to the province,

E. whereas last-minute talks in Tokyo on 17 and 18 May between he Government f Indonesia and GAM failed to reach a peaceful solution to the Aceh conflict,

F. whereas President Megawati Sukarnoputri subsequently nnounced residential Decree 28/2003 establishing a state of military mergency for ix onths in Aceh, putting an effective end to the nternationally negotiated essation of Hostilities Agreement and thus llowing the military authorities o replace many local authorities with ilitary and police personnel,

G. whereas the Aceh military campaign by the Indonesian military TNI) involves up to 40 000 military and police personnel,

H. taking note of reports by several international NGOs that the ndonesian ilitary has been attempting to crush the rebellion by means of erious human ights abuses including summary killings, abductions, rape
and torture,

I. noting the international NGOs' reports referring to GAM's role in illings, unlawful detentions, forced expulsions of Javanese people and ubious justice ystems,

J. whereas the conflict in Aceh is causing massive internal isplacement nd estruction, especially in relation to schools,

K. whereas the people of the province of Papua have repeatedly sked the Indonesian authorities to engage in a genuine dialogue to tackle he spirations of, and perceived injustices against, the Papuan people, hereas he Indonesian national Parliament passed the Papuan Special utonomy Law Law No 21/2001) on 23 October 2001,

L. whereas the international community, including the EU and the acific slands Forum (PIF), has clearly expressed its support for Special Autonomy or Papua and whereas the EU is ready to provide financial support and echnical ssistance for the implementation of Special Autonomy, M. Whereas rticles 5.2., 19, 20 and 21 of the Special Autonomy aw for Papua escribe he mplementation of the Papuan People's Assembly (Majelis akyat apua or MRP),

N. whereas Article 46 of the Papua Special Autonomy Law provides or a Commission for Truth and Reconciliation' to be set up and whereas central overnment has so far failed to approve the governmental regulations eeded or the establishment of the MRP and of the Commission for Truth and econciliation,

O. whereas the provincial legislature, after strong protests by tudents, on-governmental organisations, religious leaders and the Papuan ribal ouncil (Lembaga Masyarakat Adat), decided on 16 October 1999 to eject the ivision of the province into three distinct provinces,

P. whereas Article 76 of the Special Autonomy Law for Papua states hat any lan to divide the region into more provinces can only be executed fter pproval by the Provincial Government of Papua (DPRD) and the eople's epresentative Council (MRP),

ACEH
1. Is deeply concerned about the appalling violence and the ersisting onflict in Aceh;

Urges the Indonesian Government and GAM to return to the egotiating table n order to reach an agreement to finally implement the COH, with a iew to rganising free and fair elections in 2004;
3. On the basis of the Geneva Agreement, calls on GAM to pursue ts cause hrough the democratic process and to decommission its weapons, and calls n he Indonesian army to withdraw;

4. Underlines that the only viable way to guarantee the territorial ntegrity f Indonesia is for the Government to engage in a genuine dialogue with the rovinces in order to tackle the root causes of separatism, and mphasises he mportance of inter-ethnic and inter-regional dialogue and uccessful ecentralisation;

5. Calls on the Indonesian Government to bring to account those esponsible or violations of human rights in Aceh, as well as other parts of the ountry, hether committed by civilians, separatist groups, militias, aramilitaries or he military;

6. Calls on the Indonesian Government and GAM to ensure rotection of and ccess for human rights defenders and to allow the UN Special epresentative n Human Rights Defenders to visit;

7. Calls for all humanitarian organisations to be authorised once gain to id the population in complete safety;

8. Expresses its serious concern about the well-being of nternationally ecognised Acehnese human rights activists such as Mr Nazar and Mr autsar, ho have been recognised as prisoners of conscience by international rights rganisations, and calls for their immediate release;

9. Calls for religions and freedom of religion to be respected; eplores he estrictions on freedom of the press provided for under martial law;

PAPUA
10. Is deeply concerned about Presidential Decree 1/2003 on the cceleration f the Implementation of Law No 45/1999 on the division of the Province of apua into three new provinces, as issued by President Megawati ukarnoputri n 7 January 2003;

11. Calls on the Government of Indonesia to withdraw the said ecree since it ndermines the Special Autonomy Law for Papua and consequently the EU ommitments regarding this Special Autonomy;

12. Calls on the Indonesian Government to urgently engage in a enuine ialogue with representatives of the people of Papua so as to revent further violence;

13. Urges the Indonesian Government to work towards the full mplementation f he Special Autonomy Law for Papua by finalising and approving government egulations regarding budgeting, legislative drafting and institutional evelopment, including the implementation of the MRP and the Commission or ruth and Reconciliation;

14. Calls on the Government of Indonesia to endorse a National ommission on uman Rights (Komnas HAM) investigation into the numerous Papua human ights iolations past and present, and to establish a credible and ndependent nquiry team of national and international human rights experts to nvestigate he impunity of the security forces;

15. Urges the Indonesian Government to find a peaceful solution to he ituation in Papua province, to protect any populations at risk, and to nvite the UN Special Rapporteurs on torture and summary executions to isit he Indonesian provinces concerned;

16. Instructs its President to forward this resolution to the ommission, he ouncil, the Government and Parliament of Indonesia, the Governor and the egional Houses of Representatives (DPRD) of Aceh and Papua, the ndonesian ational Commission on Human Rights (Komnas HAM), the Secretary- eneral of the UN, the UN High Commissioner for Human Rights and the ecretariats of SEAN and the Pacific Islands Forum.

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(1) OJ C 177 E, 25.7.2002, p. 312.
(2) P5_TA(2002)0254.
(3) OJ C 232, 17.8.2001, p. 186.