HUMAN RIGHTS IN INDONESIA HEARING BEFORE THE TOM LANTOS HUMAN RIGHTS COMMISSION HOUSE OF REPRESENTATIVES ONE HUNDRED AND THIRTEENTH CONGRESS FIRST SESSION _______ MAY 23, 2013 Available via the World Wide Web: http://www.tlhrc.house.gov i TOM LANTOS HUMAN RIGHTS COMMISSION JAMES P. McGOVERN, Massachusetts, Co-chairman FRANK R. WOLF, Virginia, Co-chairman JAN SCHAKOWSKY, Illinois CHRIS SMITH, New Jersey DONNA EDWARDS, Maryland JOSEPH R. PITTS, Pennsylvania KEITH ELLISON, Minnesota TRENT FRANKS, Arizona SUZANNE BONAMICI, Oregon JEFF DUNCAN, South Carolina JANICE KAGUYUTAN, Democratic Staff Director KALINDA STEPHENSON, Republican Staff Director KATYA MIGACHEVA, Lead/James Marshall Public Policy Fellow JAMES “J.P.” SHUSTER, Law Fellow DENISE BELL ii C O N T E N T S --------------- WITNESSES Deputy Assistant Secretary Dan Baer, Bureau of Democracy, Human Rights and Labor, U.S. Department of State…..…………. 3 Susan Sutton, Director, Office of Maritime Southeast Asia, U.S. Department of State……………………………………………. 6 John Sifton, Asia Advocacy Director, Human Rights Watch……………………………………………………………………... 12 T. Kumar, Director for International Advocacy, Amnesty International USA…………………………………………………… 24 Sri Suparyati, Deputy Coordinator, Commission for the Disappeared and Victims of Violence (KontraS)………………...…… 47 Octovianus Mote, Yale University Law School Fellow………………………………………………………………………..…. 53 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Prepared Statement of John Sifton………………………………………………………………………………………………… 15 Prepared Statement of T. Kumar………………………………………………………………………………………………….. 26 Prepared Statement of Sri Suparyati………………………………………………………………………………………………. 49 Prepared Statement of Octovianus Mote………………………………………………………………………………………….. 56 APPENDIX Hearing Notice…………………………………………………………………………………………………………………….. 80 iii HUMAN RIGHTS IN INDONESIA ____________ THURSDAY, MAY 23, 2013 HOUSE OF REPRESENTATIVES, TOM LANTOS HUMAN RIGHTS COMMISSION, Washington, D.C. The commission met, pursuant to call, at 10:00 a.m., in Room 2261 Rayburn House Office Building, Hon. James P. McGovern [co-chairman of the commission] presiding. Mr. McGovern. Thank you very much. Let me apologize to everybody for being late. Anyway, good morning. Welcome. Thank you for attending this important hearing on human rights in Indonesia. I want to thank J. P. Shuster and the staff of the Tom Lantos Human Rights Commission for organizing this hearing. I also want to thank our witnesses for testifying and for everything that they do to advance the protections of human rights in Indonesia. This week 15 years ago, President Suharto resigned as President of Indonesia. That event marked an end to over four decades of authoritarian rule at the beginning of what has become Indonesia's remarkable transition to a civilian-led democracy. In the year since, Indonesia has held two direct Presidential elections and two nationwide parliamentary elections, each of which was seen as largely free and fair. Indonesia has also managed the difficult task of considerably lessening the role of its military and domestic affairs and internal security. So in this context, Indonesia has seen improvements that were thought to be unimaginable by some just two decades ago. Specifically, Indonesia has experienced a deep decentralization of power to local authorities; the rise of highly active media in civil society; and a general improvement in the protection of human rights, including in the areas with a history of secessionist movements. Importantly, such improvements led prior to the decision of the U.S. to sign a bilateral partnership agreement with Indonesia in November of 2010. However, despite such admirable progress in our improved relations with Indonesia, significant challenges remain. As Indonesia has decentralized political power and improved its human rights record, it has also failed to control local military and police units for which it remains responsible or effectively punish those who violate human rights. Credible reports indicate that Indonesia's police have committed torture and other ill treatment, unnecessary and excessive use of force when carrying out arrests, and unlawful killings. Investigations into reports of police abuses are also rare. And police often subject complainants to further intimidation and harassment. I am also especially concerned about the increasing harassment, intimidation, and attacks against religious minorities in Indonesia. In particular, the Ahmadiyya have faced increased maltreatment in recent years. I was especially disturbed to learn of the February 2011 incident in 1 which a mob of 1,500 people brutally attacked an Ahmadi community in Banten, resulting in the death of 3 people as local police made practically no effort to intervene. I am also troubled by violence and discrimination against Christians, especially in West Java province, where local officials have used their licensing powers to discriminatorily prevent the building of churches; in one case, despite a ruling by the National Supreme Court that there were no grounds for sealing off the disputed building sites. Also of concern is the ongoing tension in West Papua between the region's indigenous Melanesian people and Indonesia's security forces. In April 2009, the Tom Lantos Human Rights Commission held its first of a series of hearings on the rights of indigenous peoples, which included witnesses from West Papua. We heard testimony describing the violence and repression endured by indigenous peoples, by multinational mining and timber companies backed up by the full force of the Indonesian military, police, and local officials. I am deeply concerned that the situation is not improved. I find it very problematic that some military officers charged with human rights-related offenses have been tried in military courts, which manifestly lack sufficient independence and impartiality, and that military officers suspected of such offenses are charged with disciplinary, rather than criminal, offenses. In August of 1999, I traveled to Indonesia and met with President Habibie. I went to East Timor to review the preparations for the historic referendum on independence in East Timor and investigate the human rights situation. As we all remember, horrible violence was let loose against the people of East Timor immediately after they voted for freedom. Hundreds of people, including many I had just met, were murdered by Indonesian-supported militias and security forces. Today Timor-Leste is a free and independent nations. And the United Nations has recently withdrawn the last of its peacekeeping forces. And it lives side by side with Indonesia in friendly relations. We move on to overlook the significant progress Indonesia has made over the past 50 years or the significance of our improved relationship with Indonesia, but it is also important that we use today to address the ongoing issues that threaten our mutual interests in achieving respect for human rights and the rule of law in Indonesia. In doing so, I hope that we not only use this opportunity to clarify the high standard to which we hold our international partners but to also remind ourselves of the high standards to which universal human rights norms hold all countries, including the United States. So, having said that, I am happy to welcome our first panel: Deputy Assistant Secretary Dan Baer, Bureau of Democracy, Human Rights and Labor at the U.S. Department of State; and Susan Sutton, the Office of Maritime Southeast Asia, U.S. Department of State. We welcome you both here and look forward to your testimony. Thank you. Mr. Baer. Thank you Mr. Chairman. 2 STATEMENTS OF DAN BAER, DEPUTY ASSISTANT SECRETARY, BUREAU OF DEMOCRACY, HUMAN RIGHTS AND LABOR, U.S. DEPARTMENT OF STATE; AND SUSAN SUTTON, DIRECTOR, OFFICE OF MARITIME SOUTHEAST ASIA, U.S. DEPARTMENT OF STATE STATEMENT OF MR. BAER Mr. Baer. Thank you for all that you do personally to make sure that human rights stays in the spotlight here on the Hill. And for our government, you have largely certainly been a leader. We thank you for your leadership from the Hill. It has made our work easier. I would also like to pay tribute to the late Tom Lantos, for whom this commission is named, and his work on behalf of human rights for so many years. It is a pleasure to testify today with my colleague Susan Sutton. I appreciate the interest in Indonesia. The State Department officials, both in Washington and in Indonesia, have clearly communicated that the United States believes that the respect for universal human rights is essential to Indonesia's strong future. Under Secretary Wendy Sherman was in Jakarta earlier this week and discussed a broad range of important issues, including human rights. Also earlier this week, during the roll-out of the international religious freedom report, Secretary of State Kerry said religious freedom is a core American value that is not an American invention but, rather, a birth right of every human being. Indonesia has enjoyed a reputation for respect for religious pluralism. However, an increase in societal attacks by extremist groups and violence towards members of religious minorities along with ineffective government responses are threatening to tarnish that image. The Setara Institute reported 226 cases of interference with religious freedom by non-state actors in 2012 compared to 194 the previous year. The 2008 anti-Ahmadiyya decree freezes certain activities of the Ahmadiyya Muslim community and bans prosthelytizing by members of the group. In 2012, a number