Identifier
Created
Classification
Origin
06JAKARTA2514
2006-02-24 08:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Jakarta
Cable title:  

SENATOR FEINGOLD MEETS INDONESIAN HUMAN RIGHTS AND

Tags:  PHUM PGOV PREL KJUS ID 
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VZCZCXRO7456
PP RUEHCHI RUEHDT RUEHHM
DE RUEHJA #2514/01 0550859
ZNR UUUUU ZZH
P 240859Z FEB 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC PRIORITY 0118
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHBY/AMEMBASSY CANBERRA 9058
RUEHKO/AMEMBASSY TOKYO 9586
RUEHWL/AMEMBASSY WELLINGTON 0591
RHHMUNA/USCINCPAC HONOLULU HI
RHEHNSC/NSC WASHDC
RUEKJCS/DOD WASHDC
UNCLAS SECTION 01 OF 02 JAKARTA 002514 

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EAP, EAP/MTS, AND DRL

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KJUS ID
SUBJECT: SENATOR FEINGOLD MEETS INDONESIAN HUMAN RIGHTS AND
LEGAL REFORM ADVOCATES


SUMMARY
-------

UNCLAS SECTION 01 OF 02 JAKARTA 002514

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EAP, EAP/MTS, AND DRL

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KJUS ID
SUBJECT: SENATOR FEINGOLD MEETS INDONESIAN HUMAN RIGHTS AND
LEGAL REFORM ADVOCATES


SUMMARY
--------------


1. (SBU) Senator Russ Feingold met February 23 with
Indonesian human rights and judicial reform NGOs, and
expressed strong support for the promotion of human rights in
Indonesia and justice for past abuses. Human rights
advocates expressed disappointment at lack of progress in
accountability for significant human rights violations.
Participants noted that Indonesia's justice system remained
weak, corrupt, and poorly funded, and they linked judicial
reform with human rights accountability. They debated
President Yudhoyono's commitment to human rights, mentioning
his military background as a factor. NGOs expressed cautious
optimism regarding Aceh. The advocates emphasized the
continued importance of civil society organizations, like
their own, for advancing democracy and human rights. End
Summary.

SENATOR MEETS FIVE LEADING NGOS
--------------


2. (SBU) Senator Feingold, accompanied by professional staff
member Grey Frandsen and Embassy officers, hosted a February
23 lunch for representatives of five leading human rights and
judicial reform NGOs: Rafendi Djamin, Coordinator of the
Human Rights Working Group; Bivitri Susanti, Executive
Director of the Center for Indonesian Law and Policy Studies;
Uli Sihombing, Director of the Jakarta Legal Aid Society;
Papan Hidayat of the Commission for Disappearances and
Victims of Violence (KONTRAS); and Ibrahim Assegaf, Managing
Director of Hukum Online.com.

ACCOUNTABILITY CRITICAL, BUT LACKING
--------------


3. (SBU) The Senator explained his strong support for the
promotion of human rights in Indonesia and accountability for
past abuses, including the 1999 crimes in East Timor. He
asked for perspectives from the NGOs and broader society.
The human rights advocates described their disappointment
with the lack of accountability for past gross violations,
and said impunity for past crimes hurt the current human
rights climate. Protection of human rights had not matched
the country's democratic progress. The NGO figures noted
examples of failed attempts to convict security force members

for gross human rights violations, including the East Timor
tribunal, the Abepura trial, and the Tanjung Priok tribunal.
They highlighted the example of murdered human rights
campaigner Munir, in which the government has yet to bring to
justice senior actors believed responsible for the
conspiracy. In response to a question about public backing
for accountability, all agreed that the Indonesian public
supported justice. One participant stated that the average
voter would care about accountability and rule of law if they
saw the connection between these and issues that impacted
their quality of life. He argued that the average Indonesian
increasingly understands that connection, citing as an
example the popular fight against corruption.

WEAK JUSTICE SECTOR, POORLY FUNDED
--------------


4. (SBU) Participants noted that Indonesia's justice system,
particularly the courts, remained weak, corrupt, and poorly
funded. Participants clearly linked judicial reform with
efforts to achieve human rights accountability. Indonesians,
who historically never had a strong belief in the integrity
of the judicial system, had lost faith in the rule of law.
The newly-achieved independence of the judicial branch,
gradually separated from the executive branch under political
reforms since the fall of President Suharto, risked the
unintended consequence of weakening the accountability of the
courts. Senator Feingold noted the statement of a senior
Indonesian official to the effect that the government "lacked
sufficient logistics" to ensure justice in human rights
cases. Participants agreed this was unacceptable, but
confirmed that the justice sector faces serious funding
constraints to the extent that some courts cannot pay their
utility bills.

YUDHOYONO'S MISSED OPPORTUNITY

JAKARTA 00002514 002 OF 002


--------------


5. (SBU) One NGO representative stated that President
Yudhoyono was missing an opportunity as Indonesia's first
directly elected president, and therefore arguably it's most
legitimate leader, to do much more to protect human rights.
He said that Yudhoyono succeeded in making Indonesia a
signatory to two more international treaties on human rights,
but that this represented only normative progress. He
believed that Yudhoyono, as a retired general, catered too
much to the military, noting Yudhoyono's decision to reaffirm
the military's territory command structure and grant vaguely
defined arrest powers to the military for the purposes of
fighting terrorism. Another participant asserted that
Yudhoyono may care about human rights, but he carried too
much "military baggage." Participants also noted that
Indonesia's entrenched bureaucracy impeded change and could
frustrate the President's directives.

ACEH
--------------


6. (SBU) NGO participants credited Yudhoyono with starting
the Aceh peace process even before his inauguration, while
noting that the tsunami provided a major impetus for the
sudden breakthrough in talks. A participant stated that the
Law on Governing Aceh now pending before the national
legislature, and the law's treatment of autonomy, could
provide a positive example for governance in other provinces.
While the new legal framework for Aceh would create a new
political sphere that politicians may try to manipulate, the
NGOs representatives appeared cautiously optimistic that Aceh
would achieve stability under the framework of the peace
accord.

IMPORTANCE OF CIVIL SOCIETY
--------------


7. (SBU) One participant argued that the future direction of
Indonesia will largely depend on civil society because
politicians could not be trusted to lead the country in the
right direction. NGO leaders agreed that there is political
space for organizations to have critical discussions about
government policies. Political space existed before
Yudhoyono took office, and even under Suharto. Unlike
before, however, government now invited civil society to
discussions, and if there were disagreements, those with
differing opinions could advocate in the media. Civil
society often formed interest groups focused on specific
issues and laws, and such groups attempted to lobby the
national legislature. The government's view, however,
usually triumphed due to Yudhoyono's backing by parties
included in his cabinet. Participants called for continued
international donor support to civil society organizations,
and Embassy representatives explained the Mission's strong
commitment in this area.


8. (U) Codel Feingold has cleared this message.
PASCOE