INDONESIA: Police inaction into violent attack on protesters

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about yet another brutal attack on the protesters of the National Liberation Unity Party (PAPERNAS) by fundamental groups in Jakarta on 28 March 2007. The protesters was about to hold a demonstration against the government’s Foreign Investment Bill, which has been passed at the parliament on March 29. Due to the violence, 17 busses were destroyed; 5 persons were injured and one woman had a heart attack. However, the police present at the scene reportedly did not take any action to stop the violence. In fact, this is not the first incident violating the freedom of expression and assembly organized by PAPERNAS. On 4 March 2007, the conference organized by PAPERNAS was disrupted by a group called the Indonesian Anti-Communist Front/Front Anti Koumnis (FAKI) at Batu in East Java. In this case also, several armed police officers were present at the site but took no action to halt the violence (See further: UA-075-2007).

CASE DETAILS:

At 28 March 2007, the National Liberation Unity Party (PAPERNAS) was scheduled to hold a demonstration against the Foreign Investment Bill in front of the Shangri-La Hotel, where President Susilo Bambang Yudhohoyono was having a meeting about the Millennium Development Goal. That same afternoon, PAPERNAS also had a plan to declare the crated coalition fighting against Foreign Investment Bill.

However, since the morning, a group of about 100 persons from Front Pembela Islam/FPI (Islam Defender Front), Forum Betawi Rembug/FBR (Betawi Rembug Forum) and Front Anti Komunis Indonesia/FAKI (Indonesian Anti-Communist Front) tried to disturb the declaration of PAPERNAS. The group occupied the area and tried to prevent the PAPERNAS protesters from gathering there. They also reportedly yelled at the protesters, calling them communists and threatening to block them, even with violence.

At 11:30am, hundreds of protesters from PAPERNAS, mostly women and children, arrived in buses and vehicles at Sudirman street, the main road in Jakarta, in front of the Shangri-La Hotel.

However, just before their vehicles arrived near the Shangri-La Hotel, at 11:35am, dozens of people from the FPI and FBR, who wore white and black clothes, respectively, and held sticks,  tried to attack the vehicles. They were throwing stones and bottles at the windows of the vehicles. Masses ran away in fear and some hid themselves in the big buildings. The violence sparkled by FPI and FBR and for about 5-10 minutes, PAPERNAS and the FPI and FBR threw stones and bottles at each other. The FPI and FBR burned PAPERNAS flags.

Some police who were securing the location at the time took no action to put an end to the violence. As a result, 17 busses were destoryed, 5 people were injured and one woman had a heart attack. All these people were taken to the hospital.

At noon, it began to rain in Jakarta and the masses in Tugu Proklamasi disbanded themselves. PAPERNAS cancelled the declaration.

PAPERNAS complained about this accident before the National Police and the National Commission on Human Rights (Komnas HAM). The Chairperson of Komnas HAM Hakim Garuda stated that the police should investigate the case. The Chief of National Police Gen. Sutanto promised to investigate the case.

This violence against peaceful assemblers of PAPERNAS is the second such incident in Indonesia in the span of a month that the AHRC is covering. On 8 March 2007, we issued an appeal regarding the violence against PAPERNAS by FAKI at the first regional conference of PAPERNAS. Then, as in this recent incident, armed police officers reportedly stood by, rather than taking action to stop the violence (See further: UA-075-2007).

The AHRC is deeply concerned by the failure of the police to protect the freedoms of expression and assembly of its citizens. We have a view that any person(s) or group, regardless of their political or other ideological agenda, has the right to exercise the freedoms of expression and assembly, as guaranteed in the Indonesian constitution as well as the International Covenant on Civil and Political Rights (ICCPR) of which Indonesia is a state party.

Further, when such fundamental rights are violated, the police certainly should not be standing idly by in the presence of such violence. It is the responsibility of the Indonesian government to prevent social groups from resorting to violence and from taking the law into their own hands. These actions are a blatant rejection of democracy and they make a mockery of the Indonesian constitution.

BACKGROUND INFORMATION:

The Foreign Investment Bill, passed on March 29, 2007, will replace the current investment law, enacted in 1967. According to it proponents, its purpose is to attract foreign investors by assuring equal treatment to foreign and domestic investors, banning the government from nationalizing foreign corporations and allowing foreign investors to repatriate their capital. Those who oppose the bill say that it will liberalize Indonesia’s economy and worsen the economic disparity.

The bill extended foreign investors’ cultivation rights from 35 to 95 years and building rights from 50 to 80 years. Land usage rights, previously determined by local administrations, was set at a maximum of 70 years.

SUGGESTED ACTION:
Please send a letter to the relevant authorities listed below seeking a speedy and thorough investigation into the violent incident as well as the prosecution of persons primarily responsible for the violent obstruction of a democratic process. Please also ask for an impartial investigation into the alleged inaction of the police. We should demand the Indonesian government to guarantee the freedoms of expression and assembly of its people to express their free opinion about the government’s policy. The AHRC will also separately write to UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for his intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER