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AI Index: ASA 21/017/2005
9 September, 2005
Amnesty International welcomes the deployment
of EU and ASEAN monitors to Nanggroe Aceh
Darussalam (NAD) province, Indonesia to
oversee the implementation of the peace
agreement which was signed by the Indonesian
Government and the armed pro-independence
group, GAM (The Free Aceh Movement, Gerakan
Aceh Merdeka) on 15 August 2005.
The peace agreement, referred to as the
Memorandum of Understanding (MoU), marks a new
attempt to put an end to the 29-year-old
Acehnese conflict which has already cost the
lives of thousands of civilians and generated
human rights abuses on both sides.(1)
The commitment made by the EU and ASEAN
countries to send international monitors to
NAD is an historic opportunity to ensure that
violations of human rights and humanitarian
law in the province are brought to an end. EU
and ASEAN countries now have a role to play in
guaranteeing that human rights in NAD are
fully respected and protected.
Human rights monitoring and combating impunity
are important factors in ensuring the success
of the peace process. The lack of justice for
victims of human rights violations is one of
the elements which has fuelled the Acehnese
conflict. Through the implementation of their
mandate international monitors can counter
this trend.
Amnesty International is convinced that in
order to guarantee that the protection of
civilians remains a central priority, human
rights principles should be incorporated at
all stages of the peace process. This includes
ensuring that human rights violations and
abuses cease, but also that the long-term
reconstruction of legislative systems and
legal mechanisms is carried out so as to
ensure that they respect human rights and that
the national and local administration of
justice protects and promotes human rights and
prevents impunity.
The MoU covers a number of topics, including
governance issues, human rights, amnesties,
and disarmament, demobilization and
reintegration (DDR) programs. It also
establishes the Aceh Monitoring Mission (AMM)
comprised of international monitors from the
EU and five ASEAN states (Malaysia, Singapore,
Thailand, Brunei and the Philippines) to
monitor the parties’ compliance with their
commitments. An advanced AMM team comprised of
approximately 50 people has already been
deployed to NAD, and should be followed by the
dispatch of over 200 monitors by 15 September
2005.
1. Human rights monitoring and reporting
As set out in Section 5.2(d) of the MoU, one
of the tasks of the mission is to "monitor the
human rights situation and provide assistance
in this field". Amnesty International welcomes
the inclusion of a human rights monitoring
element in the mandate of the AMM.
Given that independent and impartial human
rights monitoring and assistance has been
hampered in NAD province, Amnesty
International believes that this aspect of the
mandate offers a key opportunity to ensure
that human rights violations and abuses are
reported and monitored. There should be no
international ‘silent witnesses’ in the face
of human rights abuses, and the EU as well as
ASEAN countries should ensure that all field
monitors are aware of this responsibility. We
encourage the Head of the Aceh Monitoring
Mission, to publicly commit himself to
denouncing human rights violations he or the
monitoring force may witness or may become
aware of in the months to come.
The occurrence of human rights violations on
the ground has frequently involved claims and
counter-claims concerning the specific
incidents. The AMM should carefully collect
evidence and testimonies to verify whether
Indonesian security forces and GAM handle
relevant situations in accordance with
international standards. Although the presence
of militia, civilian defence groups and
military auxiliary units is not explicitly
mentioned in the MoU, the AMM should pay
particular attention to these groups. They
have reportedly been set up in several areas
of NAD province, and are responsible for some
of the human rights violations which have
occurred in the past.
Documenting violations and breaches of
international human rights and humanitarian
law is the first step towards justice. It
acknowledges the victims’ sufferings and can
potentially be of use in legal processes.
Amnesty International encourages AMM to record
and report their findings at regular
intervals, and not less frequently than every
month, to their respective countries and to
the appropriate Indonesian human rights
oversight mechanism. The reports should be
made public so that the international
community and the Indonesian public can be
fully aware of the human rights situation in
NAD province. Throughout this process, the AMM
should ensure that steps are taken to
guarantee the protection of victims and
witnesses.
Although no formal national human rights
oversight mechanism is defined in the MoU, EU
and ASEAN countries should seek assurances by
the two parties that such a system will be set
up. The mechanism should be able to receive
complaints from the public, initiate and carry
out investigations, and make recommendations
for action to be taken against individuals. It
should also have enforcement mechanisms to
ensure its ability to act upon its findings.
The national human rights oversight mechanism
should not replace the existing national
criminal justice system but act as a
complementary mechanism for the benefit of the
victims.
Where violations of international human rights
or humanitarian law are alleged, the AMM
should monitor whether such allegations are
promptly and thoroughly investigated, and
whether perpetrators are prosecuted in
proceedings that meet international standards
of fairness. Monitors should similarly observe
and report on whether surviving victims and
relatives are ensured full reparation,
including restitution, compensation,
guarantees of non-repetition and
rehabilitation. Monitors should also examine
whether victims are able to report violations
without fear of intimidation, discrimination,
or recrimination.
Amnesty International’s recommendations to
the AMM are as follows:
• AMM should monitor and document any human
rights violations and breaches of
international humanitarian law, they
encounter.
• AMM should provide regular and public
reports of their findings.
• AMM should report their findings to the
appropriate Indonesian human rights oversight
mechanism.
• AMM should monitor the official responses on
such allegations, and report publicly on them.
2. Reform of the Law
Further to recording and overseeing the human
rights situation, one of the tasks of the AMM
is to "monitor the process of legislative
change" (section 5.2(e)). This ‘legislative
change’ comprises the review of the legal code
for NAD and the setting up of an independent
court system, including a court of appeals.
The organization welcomes this review and the
opportunity it allows for international
observers to provide input into the process of
legal reform in NAD province.
Amnesty International recommends:
• The AMM should ensure that the new legal
code for NAD complies with international human
rights standards, with reference to the
International Covenant on Civil and Political
Rights, and other international treaties and
standards, including the Rome Statute of the
International Criminal Court. Local traditions
should not be used as an excuse to contravene
those legal standards.
• The AMM should ensure that steps are taken
to guarantee that the new legal institutions
are impartial and independent with the
necessary powers and resources to be effective
and competent.
3. Combat Impunity
The AMM will have the duty "to rule on
disputed amnesty cases" (section 5.2(f)). The
‘amnesty cases’ refer to the release of all
persons who have participated in GAM
activities, and of political prisoners and
detainees held due to the conflict.
Amnesty International welcomes the release of
those who may have been imprisoned solely due
to their peaceful activities in NAD province,
however it urges the AMM to pay particular
attention to those who may have perpetrated
serious human rights violations and abuses in
the past. The same holds true for members of
government forces who have committed serious
violations. The signing of the MoU should not
be seen as a license for the Indonesian
authorities to evade their obligation to
investigate all cases of past violations and
bring perpetrators to justice.
• When ruling on disputed amnesty cases, AMM
should ensure that those responsible for
serious human rights abuses are not granted
amnesties and are duly prosecuted.
4. Disarmament, Demobilization and
Reintegration
AMM will take part in monitoring the
demobilisation of GAM and the decommissioning
of its armaments; monitoring the relocation of
non-organic military forces and non-organic
police troops; and monitoring the
reintegration into society of active GAM
members (section 5.2 (a),(b),(c)).
Of particular concern to Amnesty International
is the use of children as combatants or in
support of fighting forces.
• Amnesty International urges AMM to give
priority to the demobilization of former child
combatants, including addressing their
particular social, psychological and material
needs, in order to ensure early and effective
reintegration into their families and
communities.
The organization also fears that the
reintegration process may lead to serious
tensions, including land disputes, which may
fuel conflict. Amnesty International
recommends that:
• AMM should ensure that demobilization and
reintegration includes militia and other
civilian defence groups to facilitate their
return to normal living conditions within
society.
• AMM should monitor the redistribution of
suitable land to all former combatants,
pardoned political prisoners and civilians,
and in particular provide public reports
should there be allegations about
discrimination as regards reallocation of
suitable land, employment or adequate social
security.
5. Composition of AMM
The recruitment of international monitors is
currently underway. In this context, Amnesty
International’s recommendations are as
follows:
• EU and ASEAN countries should ensure that
the monitors are independent, and that there
is a balance between members with civilian and
military expertise to reflect the variety of
AMM tasks.
• The AMM should be gender balanced, and
guarantee consideration of and respect for the
needs of women in post-armed conflict
situations.
• Monitors who carry out civilian duties
should have international human rights and
humanitarian law expertise, including in the
area of violence against women. They should
also receive training in the Indonesian
national criminal justice system.
• The AMM should include experts in
legislative reform, and in DDR programs.
• All international monitors should have
appropriate experience and training in human
rights monitoring, and a good understanding of
the specific social, political, historical and
cultural context in NAD.
6. AMM’s rights and duties
A Status of Mission Agreement (SoMA) between
the Government of Indonesia and the sending
countries setting out the "status, privileges,
and immunities" of AMM has yet to be signed.
Amnesty International hopes that it will
include human rights provisions to ensure that
the mission makes the respect, protection and
promotion of human rights one of its principal
tasks.
• Appropriate security procedures should be
set out to ensure the monitors’ protection.
There should be assurances that the monitors
will not be subject to any forms of pressure
by either of the two parties – or other groups
- when monitoring or reporting human rights
violations.
• All monitors should be provided full,
unimpeded and unhindered access to all
sections of the Acehnese population, including
internally displaced persons, those in
detention and local human rights defenders.
• International monitors should comply with
human rights guarantees contained in national
and international law. Failure to do so should
result, where appropriate, in prosecution.
7. Conclusion
The success of the peace process largely
depends on the extent to which the AMM will be
able to conduct its varied and numerous tasks.
The EU and ASEAN countries should fully
support the work of the Aceh Monitoring
Mission by allocating sufficient resources -
financial, material and human - to ensure that
their tasks are undertaken fully and
effectively.
The organization also reminds EU and ASEAN
countries that they should publicly condemn
human rights violations during and after the
peace process and ensure that the processes of
strengthening the rule of law and ending
impunity are fully and promptly implemented.
Effective international human rights
monitoring and assistance should be continued
for as long as necessary, until it is clear
that both parties to the MoU, and other
groups, are implementing international human
rights standards effectively.
Amnesty International sincerely hopes that the
above recommendations will be useful during
the recruitment, deployment and evaluation of
the Aceh Monitoring Mission. It is our hope
that the mission will be a success and will
contribute to a peaceful end to the Acehnese
conflict.
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(1) See: Indonesia: New military operations,
old patterns of human rights abuses in
Nanggroe Aceh Darussalam, (AI Index: ASA
21/033/2004). |
Analysis
AMNESTY INTERNATIONAL
