Indonesia executes six drug convicts, five of them foreigners

Indonesia executes six drug convicts, five of them foreigners
Widodo has pledged to bring reform to Indonesia

Ban appeals to Indonesia to stop death row executions

Ban appeals to Indonesia to stop death row executions
United Nations Secretary General Ban Ki-moon has pleaded to Indonesia to stop the execution of prisoners on death row for drug crimes. AFP PHOTO

Pope: 'Death penalty represents failure' – no 'humane' way to kill a person

Pope: 'Death penalty represents failure' – no 'humane' way to kill a person
The pope wrote that the principle of legitimate personal defense isn’t adequate justification to execute someone. Photograph: Zuma/Rex

Obama becomes first president to visit US prison (US Justice Systems / Human Rights)

Obama becomes first president to visit US prison   (US Justice Systems / Human Rights)
US President Barack Obama speaks as he tours the El Reno Federal Correctional Institution in El Reno, Oklahoma, July 16, 2015 (AFP Photo/Saul Loeb)

US Death Penalty (Justice Systems / Human Rights)

US Death Penalty (Justice Systems / Human Rights)
Woman who spent 23 years on US death row cleared (Photo: dpa)



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"The Recalibration of Awareness – Apr 20/21, 2012 (Kryon channeled by Lee Carroll) (Subjects: Old Energy, Recalibration Lectures, God / Creator, Religions/Spiritual systems (Catholic Church, Priests/Nun’s, Worship, John Paul Pope, Women in the Church otherwise church will go, Current Pope won’t do it), Middle East, Jews, Governments will change (Internet, Media, Democracies, Dictators, North Korea, Nations voted at once), Integrity (Businesses, Tobacco Companies, Bankers/ Financial Institutes, Pharmaceutical company to collapse), Illuminati (Started in Greece, with Shipping, Financial markets, Stock markets, Pharmaceutical money (fund to build Africa, to develop)), Shift of Human Consciousness, (Old) Souls, Women, Masters to/already come back, Global Unity.... etc.) - (Text version)

… The Shift in Human Nature

You're starting to see integrity change. Awareness recalibrates integrity, and the Human Being who would sit there and take advantage of another Human Being in an old energy would never do it in a new energy. The reason? It will become intuitive, so this is a shift in Human Nature as well, for in the past you have assumed that people take advantage of people first and integrity comes later. That's just ordinary Human nature.

In the past, Human nature expressed within governments worked like this: If you were stronger than the other one, you simply conquered them. If you were strong, it was an invitation to conquer. If you were weak, it was an invitation to be conquered. No one even thought about it. It was the way of things. The bigger you could have your armies, the better they would do when you sent them out to conquer. That's not how you think today. Did you notice?

Any country that thinks this way today will not survive, for humanity has discovered that the world goes far better by putting things together instead of tearing them apart. The new energy puts the weak and strong together in ways that make sense and that have integrity. Take a look at what happened to some of the businesses in this great land (USA). Up to 30 years ago, when you started realizing some of them didn't have integrity, you eliminated them. What happened to the tobacco companies when you realized they were knowingly addicting your children? Today, they still sell their products to less-aware countries, but that will also change.

What did you do a few years ago when you realized that your bankers were actually selling you homes that they knew you couldn't pay for later? They were walking away, smiling greedily, not thinking about the heartbreak that was to follow when a life's dream would be lost. Dear American, you are in a recession. However, this is like when you prune a tree and cut back the branches. When the tree grows back, you've got control and the branches will grow bigger and stronger than they were before, without the greed factor. Then, if you don't like the way it grows back, you'll prune it again! I tell you this because awareness is now in control of big money. It's right before your eyes, what you're doing. But fear often rules. …
Showing posts with label International Law. Show all posts
Showing posts with label International Law. Show all posts

Friday, November 18, 2016

Indonesia says not to blame for missing WWII shipwrecks

Yahoo – AFP, Dessy Sagita, November 17, 2016

The Dutch and Indonesian naval commanders laid a wreath during a 2014 ceremony
 to commemorate the 1150 sailors who died in the Battle of the Java Sea in
1942 (AFP Photo)

Jakarta (AFP) - Indonesia refused to take the blame Thursday for the disappearance of at least six British and Dutch World War II shipwrecks -- considered war graves -- that investigators believe could have been salvaged for scrap.

Former colonial ruler The Netherlands has launched a probe into how three Dutch navy ships seemingly vanished from the bed of the Java Sea, while Britain has urged Indonesia to investigate what has happened to three of its vessels.

It is believed the military wrecks -- lost in 1942 during the Battle of the Java Sea -- were removed by illegal scavengers looking for scrap metal, an effort that could have taken years.

More than 900 Dutch and 250 Indo-Dutch sailors died during the battle in which the Allied navies suffered a disastrous defeat by the Imperial Japanese Navy.

Indonesian authorities have sought to distance themselves from the mystery, saying they could not be expected to protect the sites without assistance.

"The Dutch government cannot blame the Indonesian government because they never asked us to protect those ships," said Bambang Budi Utomo, head of the National Archeological Centre under the Ministry of Education and Culture.

"As there was no agreement or announcement, when the ships go missing, it is not our responsibility."

Amateur divers in 2002 discovered the long-lost wrecks of three Dutch ships, 60 years after they sank while in action against Japanese forces.

But an international expedition that sailed to the wreck site ahead of next year's 75th anniversary of the battle was shocked to discover the wrecks had vanished.

Britain expressed its distress at the disappearance of its own warships and asked Indonesia to "take appropriate action" to protect the sites from further disturbance.

But Utomo said Indonesia did not have the resources to maintain a constant patrol over its vast archipelago, a hotspot for other criminal enterprises like illegal fishing and people smuggling.

Row over naval war graves (AFP Photo)

'Looters are fearless'

Treasure hunters and scrap collectors are lured to Indonesia's relic-rich seas, experts say, where countless vessels have gone to a watery grave over centuries of trade, colonial conquest and war.

"Looting is really huge, not only on these World War II shipwrecks, but also on ancient shipwrecks," said Veronique Degroot, a Jakarta-based archaeologist.

The prize find for scavengers targeting the warships would be the huge bronze propellers used to power these juggernauts -- a far more lucrative find than iron or other scrap, according to Utomo.

"The looting must have been going on for years for such a huge ship to disappear," he said.

"Looters are fearless," he added, saying that divers risked death and injury sucking air through tubes to retrieve valuable scrap and antiquities, taking the wreck apart piece by piece.

While some larger, commercial operations use cranes and platforms to wrench heavy loads from the seabed, smaller ventures keep a low profile as they ship metal to scrapyards along Indonesia's thousands of kilometres of coastline.

Australia has been working closely with Indonesia to protect HMAS Perth -- which sunk off Java in World War II, claiming hundreds of lives -- after discovering in 2013 that the warship was being plundered for brass.

A spokesman for the Indonesian navy said the missing ships should not have been disturbed as they were war graves.

"However, the Indonesian navy cannot monitor all areas all the time," spokesman Gig Jonias Mozes Sipasulta told AFP.

"If they ask why the ships are missing, I'm going to ask them back, why didn't they guard the ships? They should have been more proactive."

Naval warships and war graves are protected under international law that makes the desecration of such shipwrecks illegal.


The HNLMS Kortenaer in the 1930s

Related Articles:


Saturday, July 23, 2016

International People's Tribunal Declares Indonesia Responsible for 1965-1966 Mass Killings

The military-backed purge against Indonesian Communist Party (PKI) members and their sympathizers paved the way for the rise of former President Suharto's New Order regime. (Antara/M Agung Rajasa)

Jakarta Globe, Edo Karensa, July 21, 2016


Jakarta. The International People’s Tribunal in the Hague declared on Wednesday (20/07) that Indonesia was responsible for committing crimes against humanity during the 1965-1966 mass killings which killed between 500,000 to one million suspected communists.

The military-backed purge against Indonesian Communist Party (PKI) members and their sympathizers paved the way for the rise of former President Suharto's New Order regime.

The final verdict of an international panel of judges stated Indonesia must be held accountable for ten gross human rights violations that happened in 1965-1966, including genocide against members, followers and sympathizers of the PKI and supporters of President Soekarno as well as members of the Indonesian National Party, or PNI.

“The State of Indonesia is responsible for and guilty of crimes against humanity consequent upon the commission and perpetration, particularly by the military of that state through its chain of command, of the inhumane acts,” presiding judge Zak Yacoob stated in the final report released on Wednesday.

Besides mass killings, the other gross human rights violations committed by the state according to the tribunal were destruction, imprisonment, slavery, torture, forced disappearance, sexual violence, banishment, false propaganda, international complicity and genocide.

“All these acts were an integral part of a broad widespread systematic attack against the Indonesian Communist Party, its affiliate organizations, its leaders, members and supporters and their families,” Yacoob said, adding that the attacks were started with false propaganda.

According to Yacoob, the state is ultimately responsible for the inhumane actions of the military and its henchmen. “The State of Indonesia also failed to prevent the perpetration of these inhumane acts or to punish those responsible for their commission. To the extent that some crimes were committed independently of the authorities, by so-called “spontaneous” local action, this did not absolve the State from the obligation to prevent their occurrence and to punish those responsible,” he said.

Indonesia must apologize

At the end of the statement, Yacoob read a series of recommendations which called on the Indonesian government to “apologize to all victims, survivors and their families for all the crimes against humanity and other crimes committed in Indonesia in relation to the 1965 events.”

The recommendations also included a call to investigate and prosecute the perpetrators of the crimes and ensure appropriate compensation and reparation to victims and survivors.

The tribunal also urged all relevant authorities to push for the government to act swiftly to resolve the longstanding problem. Specifically, the Attorney General should follow up a report released by the National Commission of Human Rights in 2012 which recommended investigations into grave violations of human rights during the Communist pogrom.

The tribunal also demanded the government rehabilitate surviving victims of the purge, prevent further persecution against them by the authorities and protect all their rights as guaranteed by international and Indonesian law.

Wednesday, November 11, 2015

As Lawyer Todung Leads Prosecution, Kalla Says Netherlands Not the Place for '1965' Tribunal

Jakarta Globe, November 10, 2015

Todung Mulya Lubis, a prominent Indonesian lawyer and activist, is the chief
prosecutor at the unofficial International People's Tribunal 1965 in The Hague.
(Reuters Photo/Darren Whiteside)

Jakarta. It is not appropriate for an activists' tribunal on the 1965-66 anti-communist violence in Indonesia to be organized in the Netherlands, Vice President Jusuf Kalla said on Tuesday, after other senior government officials had already dismissed the proceedings as irrelevant.

Asked how he felt about the International People's Tribunal 1965, Kalla admitted that he didn't know in detail what was going on in The Hague, but he stressed that Indonesia itself had also in the past been affected by human rights abuses committed by the Dutch.

The Netherlands ruled Indonesia for centuries and fought a bloody war to retain the colony after it declared independence in 1945, but the Dutch government has in recent years tried to make amends, for instance by apologizing for war crimes committed by its troops and paying damages to relatives of victims.

But Kalla said that when it comes to human rights abuses, the Dutch are not in a position to speak about Indonesia, proven by the fact that the government of the former colonial power even paid for acts of cruelty committed here.

"So, don't judge Indonesia," the vice president said at his office.

Netherlands-Indonesia ties

Separately, Hikmahanto Juwana, an international law professor from the University of Indonesia (UI) who is not afraid of controversy, said the Netherlands should be careful not to damage its good relationship with Indonesia.

"Even though the results of this trial mean nothing in legal terms and the [Indonesian] government can ignore them, they will spark controversy among the Indonesian public," Hikmahanto said. "This will have an impact on the ties between Indonesia and the Netherlands, which are currently good."

"The Dutch government shouldn't use double standards," the professor added. "When we're talking about atrocities committed by the Indonesian government it is willing to allow an event [like IPT 1965] to take place, but it's not ready [to do the same thing] when the [Dutch] state and its soldiers commit acts of cruelty."

However, other than the location of the event and the nationality of one among the panel of seven judges, Dutch involvement seems to be limited.

The government of Prime Minister Mark Rutte would likely have little to gain from such involvement, especially as it has in recent years tried hard to strengthen its relationship with Indonesia, including by boosting business ties.

No official court

The tribunal is being held from Wednesday till Friday in a former church in The Hague that is currently in use as a concert hall and is not an initiative by the Dutch government. In fact, no state has recognized the tribunal and its findings cannot be enforced anywhere.

The proceedings do follow those of a formal court -- with prosecutors and judges -- but it is a civil society initiative that, according to the IPT 1965's website, "operates outside the mechanisms of government and formal institutions like the United Nations."

The prominent Indonesia lawyer and activist Todung Mulya Lubis acts as the chief prosecutor. Other Indonesian activists and lawyers involved in the prosecution are Agustinus Agung Wijaya, Sri Suparyati, Antarini Arna, Uli Parulian Sihombing and Bahrain Makmun.

A statement on the tribunal's website says it is an initiative of the International People’s Tribunal 1965 Foundation, "which was set up in 2013 by a group of victims in exile and in Indonesia, as well as by human rights activists, intellectuals, artists, journalists and academics, and many other groups."

Valentina Sagala, a commissioner at the Indonesian NGO Women’s Institute and a member of the group behind the tribunal, stressed that it was not an attempt to indict anyone on criminal charges.

She said the tribunal’s outcome, expected to be presented next year at the United Nations Human Rights Council in Geneva, would not be legally binding, but would instead serve as a “moral verdict” so that the Indonesian government could formulate its own policies on addressing the massacres of half a century ago.

A difficult discussion

Indonesia's attorney general, H.M. Prasetyo also bristled at the fact that the tribunal was taking place outside the country.

“These are our own problems and we well solve them ourselves," Prasetyo was quoted as saying by Kompas on Tuesday. "There’s no need for involvement from other parties.”

Prasetyo has however repeatedly refused to launch an inquiry into findings of gross violations of human rights -- as detailed by the government's own National Commission on Human Rights (Komnas HAM) -- after a failed coup attempt that was pinned on the Indonesian Communist Party (PKI).

Key military leaders where killed in the alleged coup attempt, sparking a wave of violence against suspected communists across the country, which was supported by Western powers like the United States and heralded the start of Suharto's New Order regime.

Until today, however, it remains difficult to discuss the events of 1965-66 in Indonesia from the perspective of the victims and their relatives, or to question the official version of what happened.

At least 500,000, but possibly and more than a million people were killed, and many others were tortured, raped or sent to prison camps. The purges have always been presented as necessary to prevent a communist takeover.

Indonesian authorities recently threatened to close down a writers' festival in Bali if the organizers allowed discussions on 1965 and its aftermath.

Reporting by Novianti Setuningsih & Leonard A.L. Cahyoputra

Leila S. Chudori speaking with historian Martijn Eickhoff, left, and Aboeprijadi
Santoso of the International People’s Tribunal 1965, in The Hague. (Photo
courtesy of Tong Tong Foundation)


Tuesday, June 16, 2015

The Unbearable Irreversibility of the Death Penalty

A global trend away from the use of the death penalty for drug-related offenses means countries that do carry out executions are on the extreme fringe, a minority on the world stage

Supporters of Australians on death row in Indonesia Andrew Chan and Myuran
 Sukumaran light candles during a vigil at Martin Place in Sydney on April 28,
2015. The two were executed by firing squad hours later. (AFP Photo/Saeed Khan)

Kuala Lumpur. Chen Chin-Hsien walked up on stage and introduced himself before the audience: a civil court judge in Taiwan for the past four and a half years, and before that serving on the bench in juvenile and criminal courts.

“Twenty-one years ago,” he declared, “I believed firmly in retribution and the death penalty.”

But everything changed when, during a public discussion on judicial issues several years ago, a young woman asked him, “What if some day one of the defendants you have sentenced to death is found to be wrongfully convicted? What would you do?”

It was the first time anyone had brought up the possibility to him, Chen went on in his speech in Kuala Lumpur last week.

“I looked at her for a long time and I couldn’t answer her. Eventually I said, ‘I don’t really know. Maybe quit my job.’”

It was a possibility that, mercifully, Chen never had to face. One of the rare cases he heard in which the death penalty was prescribed involved a mentally ill young man on trial for slitting a child’s throat in an arcade.

Given the defendant’s mental condition, the panel of three judges, Chen among them, chose not to hand down the death penalty — and immediately drew condemnation from the press and society.

“This was no surprise. But the surprising thing was that we were also attacked so hard by our fellow judges. No judge supported our verdict. There are not many judges in Taiwan brave enough to resist such pressure,” Chen said.

He acknowledged the long tradition of martial justice in Chinese society, but argued that in the modern age, the death penalty is primitive and cruel.

Tide is turning

Chen was speaking at a congress hosted last week by the organization Together Against the Death Penalty/Ensemble Contre la Peine de Mort (ECPM) and the Anti-Death Penalty Asian Network (ADPAN). The ECPM has organized similar congresses on the abolition of the death penalty, but the Kuala Lumpur event was the first to be held in Asia, and served to highlight the use of the death penalty in the region, mostly for drug-related offenses.

Indonesia was, until 2012, among a growing number of countries exercising a de factor moratorium on the use of the death penalty. All that changed this year with the execution of 14 people, 12 of them foreigners, for drug-related offenses, drawing widespread criticism and riling diplomatic ties.

But the more than 300 delegates at the ECPM congress also heard about how the problem was not limited just to Indonesia: Singapore maintains a mandatory death sentence for drug-trafficking.

Malaysia also prescribes death for trafficking, but the tide is turning in that country, says Steven Thiru, the president of the Malaysian Bar Association.

The association has repeatedly passed resolutions at its annual meetings calling for the abolition of the death penalty, and while the government has never acquiesced, the public is increasingly in support of ending capital punishment. An opinion poll conducted in 2013 by the bar association and the Death Penalty Project, a leading human rights organization based in the Britain, found that the majority of the Malaysian public surveyed did not support the mandatory death penalty for drug trafficking, murder or firearm offenses.

Thiru said there were no more barriers to abolishing the death penalty in the country. “It is up to the government and the legislators to drive the conversation forward. If they lead, the public will follow,” he said.

Debunking the myth

In the wider context, the position maintained by law enforcement in Indonesia, Singapore and Malaysia is increasingly a marginal one. Six Asian countries — Nepal, Bhutan, Philippines, Cambodia, Timor Leste and Mongolia — have already abolished the death penalty from their statutes.

Brunei, Myanmar and South Korea are abolitionists in practice, meaning they still retain the death penalty in their legislation but have not carried out any executions for some time.

Only 25 countries in Southeast Asia, the Pacific islands and the Middle East routinely carry out executions, said Raphaël Chenuil Hazan, the executive director of the ECPM.

“This trend debunks the myth that abolishing the death sentence is a Western value,” Hazan said.

Britain-based Harm Reduction International goes deeper in its report “The Death Penalty for Drug Offences: Global Overview 2012.”

The report identifies 49 countries in the Asia and MENA (Middle East and North Africa) region as “retentionist,” or having the death penalty on their statutes; of these, only 13 carry out executions, and only five do so regularly.

Of the 92 retentionist countries and territories worldwide, a third prescribe the death penalty for drug-related offenses; only one in seven actively execute drug offenders, and only one in 18 do so with any regularity or in any great number.

That means that countries that do carry out death sentences are on the extreme fringe, a minority on the global stage.

Avoiding the real issues

Rick Lines, the executive director of HRI, said the decision to carry out death sentences was not a cultural, social or regional trend, but instead a mere political choice, which is what he saw happen in Indonesia, which went from two executions in the last five years to 13 in the last five months.

The fact that most of those executed were foreigners played to the narrative of drugs as a foreign threat, which Lines said was merely a way for the authorities to avoid dealing with developing health or harm reduction policies and therapies to treat people living with drug abuse domestically.

Julian McMahon, a lawyer for the late Andrew Chan and Myuran Sukumaran, the two Australians executed in Indonesia on April 29, refuted the Indonesian government’s insistence that the death penalty served as an effective deterrent against the drug trade.

“The drug kingpins move drugs by the tons. It’s laughable to think that by executing these two boys, it will deter consumption or distribution of drugs in Indonesia. Nobody is talking about the distribution or the making of drugs already happening inside Indonesia,” he said.

McMahon, who usually avoids giving out personal stories to the media because they tend to divert attention from the actual legal work being done by his office, made a rare exception at the congress in Kuala Lumpur.

“When I first met those boys in 2006, they were ordinary punk criminals,” he said.

“But they became poster boys for what the prison reform system could be. They turned the prison around into a safe learning space.”

He also shared his story of spending time with Mary Jane Veloso, a Filipina drug mule who was also slated to be executed with the others, and her two sons, all of them believing that it was the end.

“She held her two boys, thinking it would be for the last time. She sang to them, the boys sang to me, I gave them chocolate,” McMahon said.

When the shots rang out on the Central Java prison island of Nusakambangan, the grief of the Veloso family was immense. They were convinced she had been shot, only to be notified later that she had been granted a last-minute reprieve.

“And to think she’s going to face all of this again is just inhumane,” McMahon said.

He said what upset him the most about the Indonesian government’s approach to the issue was that there was no pretense whatsoever that President Joko Widodo had read the pleas for clemency: It was simply decided that 64 people must die, even though many of them, Chan and Sukumaran among them, still had appeals pending.

The Australians’ appeal hearing was scheduled for May 12; they were shot dead less than two weeks before their court date.

“There is no country in the world that deployed more energy, money and diplomats to get their citizens out of death row than Indonesia. And they do so in the most praiseworthy way,” McMahon said.

“So imagine my disappointment when all my legal efforts were met with the simple argument of trying to interfere with the sovereignty of another country.”

For the lawyer, the bitter experience of the Chan and Sukumaran case is the exact scenario that Chen, the Taiwanese judge, has always dreaded.

“Criminal judgment is not just about retribution, but also about a settlement between society and the defendant. In the rehabilitation process, society can embrace this defendant, or the defendant can embrace society again,” Chen said.

Friday, February 6, 2015

AFP should intervene in Bali Nine death sentences, says man who reported plot

Barrister who tipped off Australian federal police about drug plot says AFP has to take responsibility for fate of Andrew Chan and Myuran Sukumaran

The Guardian, Australian Associated Press, Friday 6 February 2015

The man whose tip-off to the Australian federal police led to the arrest in Indonesia
 of the Bali Nine says the AFP should be asking for clemency for Myuran Sukumaran
and Andrew Chan. Photograph: Mick Tsikas/AAP

The barrister who represented Bali Nine member Scott Rush says the Australian federal police have a duty to intervene on behalf of Andrew Chan and Myuran Sukumaran, who face imminent execution for their part in the 2005 drugs plot.

Bob Myers, a friend of the Rush family, tipped off the AFP in 2005 about the planned heroin run from Bali to Australia.

He says the AFP betrayed the Bali Nine, and instead of warning Rush and giving him the chance to abort the drug mission they alerted Indonesian authorities, sparking the arrests of the nine Australians.

Speaking on ABC radio on Friday morning, Myers said he would never forgive the AFP for a gross betrayal that seems all but certain to result in executions of Chan and Sukumaran.

Now was the time for the AFP to take responsibility for its role, he said.

“They are the ones that should be coming out now and saying we made an enormous mistake and we ourselves ask the [Indonesian] attorney general [for clemency],” Myers said.

He said a guideline, in place at the time of the Bali Nine drug plot, prevented the AFP from cooperating with requests from other countries in cases that could expose Australians to the death penalty.

“But here, there wasn’t cooperation at the request of the Indonesian authorities. This was voluntarily giving information to Indonesia,” Myers said. “That’s the loophole. It was so close to illegal activity.”

Myers said the AFP had since amended its guidelines, but the organisation should still have to take responsibility for its actions in the Bali Nine case.

“I am really urging the politicians, I’m asking the AFP to stand up and say this was our fault,” he said. “It sickens me to think that the very organisation charged with our protection ... the AFP ... can betray nine young Australians the way they did. It is really just outrageous.”

The AFP has been contacted for comment.

Related Article:


Saturday, January 3, 2015

Never a Dull Moment on Jokowi’s Policy Trail

Shake-Up: From the fuel subsidy to executions, the new president has stirred debate

Jakarta Globe, Kennial Caroline Laia, Jan 02, 2015

President Joko Widodo arrives for the 12th Asean India Summit at Myanmar
International Convention Center in Naypyitaw, Myanmar on Nov. 12, 2014.
(EPA Photo/Rungroj Yongrit)

Jakarta. In the just over two months that he has been president, Joko Widodo has earned both plaudits and criticism for some of his policies, most of them a complete 180 on his predecessor’s take on the same issue.

One of his most attention-grabbing moves was to order the sinking of foreign fishing vessels caught poaching inside Indonesia’s maritime borders.

Since then, Maritime Affairs and Fisheries Minister Susi Pudjiastuti has enrolled the Navy to round up 19 boats and sink five of them.

The policy has drawn praise, with observers saying the administration needs to get touch on fish poaching if it is to turn Indonesia into a global maritime fulcrum as Joko envisions.

“It’s necessary to sink those illegal vessels,” says Hikmahanto Juwana, an international law expert at the University of Indonesia.

Under the Susilo Bambang Yudhoyono administration, he says, “fish poaching as a problem was hardly looked into by the government.”

“There are many boats that continue to poach our sea resources, and we’ve done little about the problem,” he says. “So now, by sinking these boats, our government wants to convey its stance that Indonesia will never compromise with any foreign boats that steal our fish.”

Hikmahanto says the sinking of the vessels will not damage relations with the countries where the boats are registered, because Indonesia’s response is targeted toward an illegal act being committed in its own waters.

“We are dealing with illegal fishing boats that violate our maritime territory, not the countries where those boats come from,” he says.

He adds, though, that over the next few years, the government will need to make its policy clear to other countries to prevent unwanted diplomatic rows.

“What’s being done now must be continued. We cannot be discriminatory in selecting the boats,” Hikmahanto says.

“In addition, it is best for the Foreign Ministry to inform other countries around the world that we have this policy in place so there won’t be any misunderstanding. Ideally, these other countries must start prohibiting their fishermen from poaching in Indonesian waters.”

A less flashy though far more impactful policy move under Joko has been the raising of subsidized fuel prices as part of an effort to trim the burgeoning subsidy and allocate the savings to more productive programs.

The hike, Joko calculated, would save the state around Rp 100 trillion ($8.04 billion).

On Nov. 18, less than a month since his inauguration on Oct. 20, Joko duly raised the pump price of the widely used Premium brand of low-octane gasoline, from Rp 5,500 per liter to Rp 8,500 per liter. The price of subsidized diesel sold under the Solar brand also went up, from Rp 5,500 per liter to Rp 7,500 per liter.

But on Wednesday, the government announced that there would be another price adjustment — downward this time, in light of the falling price of crude oil.

As of the first day of 2015, Premium has been tamped down to Rp 7,600 per liter, and Solar to Rp 7,250 per liter.

The move seems to have vindicated critics of the initial hike, who said at the time that there was no urgent need to raise pump prices just them with the world oil price on a decline since June this year.

Another controversial issue in the past couple of months has been Joko’s insistence on not just maintaining by actively implementing the death penalty, which was rarely employed during Yudhoyono’s second term as president.

Joko previously claimed that five death row inmates who had exhausted all avenues of appeal would be put to death in December. The Attorney General’s Office, which is responsible for arranging executions, later said that only two of those inmates would face the firing squad that month.

The AGO typically carries out executions in secret and down not announce whether they have been carried out until well after the fact.

As of Thursday, there was no word yet on whether the two executions, set to take place in Batam, Riau Islands, and Cilacap, Central Java, had been carried out.

Rights activists have accused Joko of reneging on campaign promises to champion human rights.

“Joko has [...] violated the spirit of human rights in our country,” says Hendardi, from the Setara Institute, a rights and democracy advocacy group. “Joko shouldn’t continue this policy. It is against global opinion.

“The government will be better off reviewing capital punishment for drug convicts,” he adds.

“It is useless and wouldn’t serve any deterrent effect for drug dealers. There are no statistics showing that capital punishment discourages drug dealing,” Hendardi says.

Haris Azhar, the coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), says Joko has “no understanding on human rights.”

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AGO Adds Another Death Row Inmate to Imminent Execution List


President Joko Widodo, center, talks to the head of Indonesia’s national search
 and rescue agency, Soelistyo, left, and Chief of the Sea Security Coordinating
 Agency, Vice Admiral Desi Albert Mamahit, right, shortly before a news conference
 about missing Indonesia AirAsia flight QZ 8501 in Jakarta, on Dec. 29, 2014.
 (EPA Photo/Bagus Indahono)

Saturday, July 12, 2014

SBY Speaks Out Against Israeli Air Strikes

Jakarta Globe, Ezra Sihite & Vita A.D. Busyra, Jul 12, 2014

A boy holds a toy gun — as he poses during a rally against Israeli attacks on
the Palestinian territories — in Jakarta on July 11, 2014. (EPA Photo/Mast Irham)

Jakarta. President Susilo Bambang Yudhoyono on Friday strongly condemned the air strikes launched by the Israeli military in the Gaza Strip that have killed nearly 100 people since Tuesday.

Yudhoyono said at a cabinet meeting at the State Palace in Jakarta that he would call Iranian President Hassan Rouhani later on Friday to discuss what move the countries under the Non-Aligned Movement (NAM) planned to take in response to the ongoing violence that has claimed mostly civilian lives.

“I will be communicating with the Iranian president in his capacity as the chairman of the NAM to discuss what the NAM countries can do to stop the violence,” Yudhoyono said.

He called the Israeli military’s action “too much,” and said that Indonesia would also call on the United Nations and the Organization of Islamic Cooperation to stop the air strikes.

“Besides condemning the overwhelmingly excessive military action, Indonesia has already made a diplomatic approach with the UN, the OIC and the NAM countries. The goal is to halt Israeli’s military actions,” he said.

A cease-fire is strongly urged and must be enforced under the UN’s supervision, the president said. He gave assurances that there would not be any retaliation by the Palestinian side if the Israelis ended the air strikes, which were launched in response to the firing of rockets into Israel by Hamas militants.

Yudhoyono said he and Rouhani would also discuss the provision of aid and other relief supplies for the Palestinians.

Din Syamsuddin, the Indonesian chairman of the Palestine Friendship Initiative (PPIP) and head of Muhammadiyah, Indonesia’s second-biggest Islamic organization, also condemned the Israeli Defense Forces for what he called “attacks on innocent Palestinian people” in Gaza.

He encouraged people to donate money for aid for the Palestinians.

The Medical Emergency Rescue Committee (MER-C), an Indonesian humanitarian group, previously built a hospital in Gaza, but Din said it lacked equipment and facilities to help treat the injured.

“The MUI [Indonesian Council of Ulema] and the PPIP are also calling on people during this holy month of Ramadan to give alms to help resolve the problem of the Palestinians so that the hospital can start running,” he said on Thursday in Jakarta.

Din previously said he hoped to raise up to Rp 6 billion ($516,000) to be sent to the Palestinian people.

He said the PPIP had initially planned a charity concert for Aug. 15, to feature Indonesian and Palestinian musicians, but had to put the plan on hold for now.

Din urged international organizations, such as the UN and the OIC to take concrete steps to stop the air strikes.

“There have been many resolutions from the UN, but they were either not enforced or ignored. So we will keep urging the UN to take immediate action,” he said.

“The OIC has to undertake concrete measures, including providing humanitarian help to the people of Gaza and Palestine who have been suffering from the attacks,” Din said.

Teuku Rezasyah, the executive director of the Indonesian Center for Democracy, a Jakarta-based think tank, noted that many past attempts to sanction Israel at the UN had been vetoed by its close ally, the United States, and called for a fundamental change in the structure of the UN Security Council to better reflect the contemporary global balance of power.

“The structure needs to be revised so that a more democratic decision can be produced to force Israel to halt its attacks,” Rezasyah said on Friday.

“So far it’s always been under the US’s command. Russia always tries to defend itself. It’s a complicated story in there,” he said, emphasizing that Israel always managed to come away untouched by sanctions over its actions because of the way the UNSC veto power worked.

Rezasyah said the UN should be restructured to enable other countries, such as Indonesia, Japan, Germany and Brazil, to as much of a say as the five permanent members of the UNSC, especially on matters of humanitarian urgency.

He added that another factor that rendered Indonesia unable to do more to help Palestine was its refusal to recognize the state of Israel, saying its decision not to have diplomatic ties with Tel Aviv had put it in a dilemma and would leave it incapable of being a fair mediator unless it could make its voice heard by Israel.

“Ideally we should establish a diplomatic approach with Israel in order to discuss this sensitive issue. But if Indonesia wants to be heard by Israel, it needs to be a prominent voice of Asean, the OIC and the NAM,” Rezasyah said.

Andreas Harsono, an Indonesia researcher at Human Rights Watch, said that despite the high number of victims from the Israeli military actions, Palestine deserved as much of the blame as Israel for the escalating violence.

“Under the international law, both countries attacked civilians, their homes, hospitals and schools. Innocent people risked being attacked and that violates the law already,” he said of Hamas’s rocket strikes into Israeli settlements.

He was quick to add, however, that this did not justify the Israeli’s own strikes in residential areas of Gaza.

He also said that major Middle Eastern powers such as Saudi Arabia, Egypt and Turkey were in alignment with the US, making it difficult to reach any kind of satisfactory outcome at the UN.

Reuters cited Palestinian officials as saying that 11 civilians were killed n Friday in the fourth day of Israeli air strikes on the Gaza Strip, raising the death toll in the coastal enclave to at least 96, most of them civilians.

Monday, January 20, 2014

World Court to Shine Light on East Timor-Australia Spy Row

Jakarta Globe – AFP, Charles Onians, January 19, 2014

East Timorese activists hold a banner during a protest outside the Australian
 embassy in Dili, East Timor, on Dec. 9, 2013. (EPA Photo/Antonio Dasiparu)

The Hague. Tiny, young East Timor drags its giant neighbor Australia before the United Nations’ top court next week in a cloak-and-dagger case with billions of dollars in natural resources at stake.

At the heart of the David and Goliath dispute at the International Court of Justice (ICJ) in The Hague is a controversial oil and gas treaty signed by Dili in 2006, shortly after independence from Indonesia.

East Timor wants judges at the ICJ, which rules on disputes between states, to order Australia to return documents its intelligence services seized last year relating to Dili’s bid to get the treaty torn up.

“It’s simple: we’re asking for our documents back. Australia has unlawfully taken documents that are rightfully the property of Timor-Leste,” government spokesman Agio Pereira told AFP ahead of Monday’s hearing.

East Timor gained its independence in 2002 following years of brutal Indonesian occupation but has a sluggish economy that is heavily dependent on oil and gas.

Dili wants the key treaty it signed with Canberra in 2006 dividing oil and gas resources ripped up, saying Australia spied on ministers to gain a commercial advantage.

Australia allegedly used an aid project refurbishing East Timor’s cabinet offices as a front to plant listening devices in the walls in order to eavesdrop on deliberations about the treaty in 2004.

The treaty, Certain Maritime Arrangements in the Timor Sea, or CMATS, set out a 50-50 split of proceeds from the vast maritime energy fields between Australia and East Timor estimated at 26 billion euros ($36 billion).

Dili signed such treaties “at fragile and vulnerable times in our young nation’s history,” government spokesman Pereira said.

“Now, in 2014, we are acting with a new breadth of information, data and analysis, including information that Australia may have acted in bad faith and in breach of international law.”

Australian media have reported that the lion’s share of Timor Sea oil and gas would be on Timorese territory if the maritime border were defined according to customary rules of the sea.

But first the half-island nation wants the ICJ to order the return of documents seized in November when Australia’s domestic spy agency raided the Canberra offices of East Timor’s lawyer, Bernard Collaery.

Collaery is representing East Timor’s government in its bid lodged last year to get the CMATS treaty cancelled at the Permanent Court of Arbitration, housed in the same Palace of Justice in The Hague as the ICJ.

While that case is being held behind closed doors, the ICJ hearings will for the first time shine a very public light on Australia’s alleged skullduggery.

“This is going to be pretty hard on Australia’s image, it’s not exactly glorious for them,” international law expert Olivier Rentelink from The Hague’s Asser Institute told AFP.

The premises of a former Australian intelligence agent turned whistleblower in the arbitration case against Canberra were also raided.

Australia has largely refused to comment on the proceedings, although Prime Minister Tony Abbott has defended the raids as in the national interest.

East Timor Minister for Petroleum and Mineral Resources Alfredo Pires stressed his country’s generally good relations with Australia but said: “The only avenue we have as a small country is international legislation.”

Dili has asked for “provisional measures” until the ICJ rules on the case, including that the documents be handed to the court and that Australia guarantee it will not intercept communications between East Timor and its legal advisers.

“Timor Leste is a young country, we had the UN here and everyone teaching us transparency, the rule of law, and then we get one of the great teachers not following the rules,” said Pires.

Cases at the ICJ can take years to resolve.

Agence France-Presse