Sunday, March 28, 2010

La'o Hamutuk call for rejection of the Copenhagen climate accord

La'o Hamutuk has written to Prime Minister Xanana Gusmão urging that Timor-Leste to reject the Copenhagen Accord on climate change. The group offers 7 arguments including:
The Copenhagen Accord contradicts some basic principles of the UNFCCC [United Nations Framework Convention on Climate Change], including the principle of common but differentiated responsibilities. It also contradicts the Kyoto Protocol because it leaves it up to the developed countries to reduce their emissions, with no legally binding targets. It is not a democratic agreement because it was decided only by a small group of countries, not by all countries in COP. This is against the principle of consensus in the UNFCCC. If Timor-Leste associates to this Accord, we are going against some principles in UNFCCC and Kyoto Protocol that we have ratified.
La'o Hamutkuk writes that "a small group who don't want to take responsibility for their actions which have destroyed the global climate" negotiated The Copenhagen Accord.

Read the full letter here.

Tuesday, March 23, 2010

Allan Nairn to Indonesian miltiary - bring it on

UPDATE: Allan Nairn on Wednesday's Democracy Now! Journalist Allan Nairn Facing Possible Arrest in Indonesia for Exposing US-Backed Forces Assassinated Civilians

Allan Nairn challenges Indonesian military to follow up military threats to prosecute him for his report on Kopassus killings in Aceh. He wrote on his blog:
In response to my report revealing their assassinations of political activists (see posting of March 21, 2010), the US-backed Indonesian armed forces (TNI) are threatening to have me arrested, presumably on criminal defamation charges. (See Markus Junianto Sihaloho & Nurdin Hasan , Jakarta Globe, "Indonesian Military Threatens Legal Action Over Aceh Party Killings Claims.")...

I will be glad to stand in court before the Indonesian public and detail TNI's role in numerous tortures, disappearances, massacres and assassinations.

I would welcome the opportunity to enter a formal, public legal proceeding which would afford the opportunity to question TNI Generals under oath.

If given such a chance I would also attempt to call US personnel as witnesses, and question US military, CIA, State Department, and White House officials about their support for TNI. I would ask these Americans why they have given weapons, training and money to TNI, even as they have seen that force repeatedly kill civilians.
Criminal defamation laws have often been used in an attempt to silence criticism of Indonesian officials. A recent example is the filing of defamation charges against Usman Hamid of KontraS in September 2009 on a complaint by retired general Muchdi Purwopranjono, accused in the murder of human rights lawyer Munir.

Under Indonesia's criminal code, conviction for defamation of a public official carries a maximum sentence of 5 years and fines. Various other laws incorporate defamation. The Law on Information and Electronic Transactions, passed in 2008, calls for a penalty up to 6 years and a fine up to one billion rupiah. In Indonesia, those of accused of crimes with penalties longer then 5 years are denied bail.

ETAN to President Ramos-Horta on justice, accountability & international tribuanl

ETAN has written to President Ramos-Horta in response to his recent remarks on justice and accountability for crimes against humanity and war crimes committed during the Indonesian occupation (1975-1999), and his attack on Amnesty International. It begins:
"We are writing to express our sadness and deep dismay on reading your speech to the UN Human Rights Council in Geneva on March 11, 2010. In your address, you refer to having been "unfairly criticized by some fringe elements in this amorphous international community” for decisions made by you and the Government of Timor-Leste concerning justice and accountability.

"While you did not mention Amnesty International by name, the target of your anger was clear as it directly followed a public dispute with them regarding your stance on an international tribunal. It is ironic that one whose heart is as forgiving as yours would issue such a strong attack on another Nobel Peace Prize laureate. Amnesty International has stood strongly for peace, and collaborated closely with you throughout the Indonesian occupation during the long campaign for human rights in Timor-Leste. To refer to them as “fringe” and accuse them of “regurgitating ready-made clichés or academic jargon on justice” is both disrespectful and engages in the same rhetorical excess you decry."
Read the full letter here.

The Timor-Leste National Alliance for an International Tribunal (ANTI - Aliansi Nasional Timor Leste Ba Tribunal Internasional) delivered their own letter the other day.
As citizens of this country, our feeling and desire for justice for serious crimes is not enough when our leaders become spokesmen to express views which don’t follow what we feel and work for. Our thirst for this justice draws its legitimate power from Article 160 of the Constitution of RDTL, that “…crimes against humanity of genocide or of war shall be liable to criminal proceedings with the national or international courts.” Therefore, we are sad and strongly lament when a leader of Timor-Leste makes a statement that the Timorese people don’t need an international tribunal for crimes against humanity and show ignorance of the fundamental principles of our democratic constitution which expresses the wishes of the common Timorese people.
Candles are lit at the Indonesian Embassy in Dili on September 6, 2009, the anniversary of the Suai Church massacre, where Maternus Bere was thought to be residing. Ramos-Horta told the Human Rights Commission that no Timorese had lit candles in protest of Bere's release. Photo by La'o Hamutuk.

Sunday, March 21, 2010

Allan Nairn on Obama and Kopassus Training

UPDATE: Nairn's article with more details is now online at his blog.

--

Allan Nairn appeared on Democracy Now! on Friday to discuss President Obama's again postponed visit to Indonesia and discussions within the Obama administration about whether (how?) to once again train Indonesia's notorious special forces Kopassus.

Some in the Obama administration (and the Indonesian military) argue that rights violations are in the past. Nairn's  key revelation is that Kopassus were involved in the murder of activist in Aceh in 2009:
I’ve just come out with a piece that shows that the Indonesian army and Kopassus have been involved in a series of recent assassinations of civilian political activists. The piece names the names of the officers involved, including a Kopassus general named Sunarko. These assassinations were carried out in the region of Aceh in late 2009.
The activists were from the Partai Aceh.
According to a senior Indonesian official with detailed information on these murders, they’re part of a program of political murder being carried out by TNI, the Indonesian armed forces, and Kopassus and by military intelligence. And so, these killings are still going on today. And Obama is about to give them new aid on the pretense that the Indonesian army has reformed and has stopped killing civilians, which is false.
Read the transcript, listen to the audio or watch the full interview here. Or watch below:

Part 1:



Part 2:

Friday, March 19, 2010

Tough week for Sinar Mas

from Ayu Oktaviani

Sinar Mas, Indonesia’s largest oil palm company which has come under considerable criticism for its palm oil operations in recent years, was handed two significant defeats this week.

Food giant Nestlé found itself on the defensive, with the release of a report from Greenpeace criticizing the company for buying palm oil from Sinar Mas. This comes three months after the largest buyer of palm oil, Unilever, announced that it would no longer be purchasing palm oil from Sinar Mas, followed a month later by a similar announcement from Kraft Foods. Nestlé’s immediate response that Sinar Mas palm oil was only used in products sold on the domestic market, a practice that they would discontinue, showed how controversial Sinar Mas has become. Western consumers are becoming increasingly concerned about palm oil plantations that have been clearing forests across the archipelago, destroying local habitats, particularly in Sumatera, Borneo and Papua where most of the remaining rainforests are located in Indonesia.  

A much less reported victory for local resistance against oil palm happened on March 18 in West Kalimantan (Indonesian Borneo). Two local indigenous leaders, Japin and Vitalis Andi, were released from custody after spending more than three weeks in a Ketapang jail for opposing a Sinar Mas oil palm plantation which is destroying indigenous lands. 

The case began in April 2008, when PT. Bangun Nusa Mandiri (PT. BNM), a subsidiary of Sinar Mas, began clearing land for an oil palm plantation in the Marau Subdistrict of Ketapang, West Kalimantan. By September 2009, the company had destroyed 250 hectares of land traditionally held by the Jalai Dayak people in Silat Hulu village.

From the start, the community refused to hand over their fields to the company, and made various attempts to negotiate with the company directly and through the local government, but to no effect. On September 28, 2009, Mr. Japin from Silat Hulu reported the company to the local Marau police office on behalf of his community. The next day, about 60 people from Silat Hulu collectively confiscated two bulldozers and a theodolite from PT. BNM in an effort to stop the clearing. The community soon gave the theodolite over to the police, but continued to hold the heavy equipment as evidence in their case against PT. BNM. 

The community also applied traditional justice mechanisms to the company, demanding financial compensation for trees and other vegetation that had been cleared as well as refusing the company further entry to their lands. The company ignored these demands and the traditional legal system. The community continued to look for justice, and on October 26, 2009, Luhai Hartanto, B, Ritung and Japin, on behalf of the indigenous people of Silat Hulu, brought the case to the West Kalimantan delegate for the Indonesian National Commission on Human Rights (Komnas HAM), and to the provincial police department of West Kalimantan. 

On October 15, fully-armed local police came to Silat Hulu, to secure the peace and negotiate a settlement between the villagers and the Sinar Mas subsidiary. The police did not flatly reject the community-imposed penalty, but attempted to renegotiate the compensation amount for plots destroyed by PT. BNM. The community agreed to reduce the monetary compensation from 1.3 billion Rupiah to 510 million Rupiah (US$ 140,000 to US$55,000), in the hope of a quick resolution, with assurances that the police would push for PT BNM to resolve the case.