Indonesia

The 275,000-member armed forces (TNI) are under the supervision of a civilian defense minister but retain broad nonmilitary powers and an internal security role, and are not fully accountable to civilian authority. The military and police jointly occupy 38 appointed seats in the DPR reserved for the security forces, as well as 10 percent of the seats in provincial and district parliaments. The security forces, whose members do not have the right to vote in elections, agreed to relinquish their appointed seats in the national and regional legislatures in 2004, but appear likely to retain some seats in the MPR until as late as 2009. In 2000 Wahid signed a decree abolishing the Agency for Coordination of Assistance for the Consolidation of National Security (BAKORSTANAS), which had given the security forces had wide discretion to detain and interrogate persons who were perceived as threats to national security. In 2000 Wahid also signed a decree removing the national police force of 175,000 members from the supervision of the Minister of Defense and providing for civilian oversight. This step, in addition to the formal separation of the police from the armed forces in 1999, was intended to give the police primary responsibility for internal security. The separation of the military and the police was reinforced through a 2000 constitutional amendment and a police law enacted during the year. There continues to be confusion in the armed forces regarding the respective responsibilities of each institution in some cases. The decree provides a caveat that permits the Army to provide security assistance to the State Police upon the latter's request. Notwithstanding these changes, the military continues to play a substantial internal security role in areas of conflict, such as Aceh, the Moluccas, and Papua (formerly known as Irian Jaya). Members of both the TNI and the police committed numerous serious human rights abuses.

The economy, which is market-based with a significant degree of government intervention, increased by approximately 3 percent during the year, following more than 4.8 percent growth in 2000. Industrial exports grew strongly, particularly in labor-intensive textiles, electronics, wood products, and other light manufacturing industries based in the densely populated islands of Java and Bali. Underemployment remained high at approximately 19 million persons. Over 40 percent of the adult working population is employed in agriculture, which in Java, Bali, and southern Sulawesi primarily involves rice and other food crops but elsewhere concentrates on cash crops such as oil palm, rubber, coffee, tea, coconut, and spices. Per capita gross domestic product among the population of 211 million was $738 in 2000, well below the levels achieved before the severe economic downturn that began in July 1997. The downturn affected most severely the urban poor, particularly in Java, partly as a result of a wholesale shift in employment from the higher-paying formal sector to the less secure informal sector. The negative impact of the economic and financial downturn was smaller in less populated, natural resource-rich Kalimantan, Sulawesi, and Sumatra. Large disparities in the distribution of wealth and political power contributed to social tensions across the country and continued to create demands for greater regional autonomy. Two laws providing for greater political and economic decentralization and for revenue sharing among the country's provinces and districts came into effect in January. Parliament approved the Aceh Special Autonomy Law in July and the Papua Special Autonomy Bill in October. The two provinces of Aceh and Papua were granted special autonomy, which affords them greater political, cultural, and economic benefits, including the right to retain a larger percentage of their oil and gas revenues.

The Government's human rights record remained poor, and it continued to commit serious abuses. Security forces were responsible for numerous instances of, at times indiscriminate, shooting of civilians, torture, rape, beatings and other abuse, and arbitrary detention in Aceh, West Timor, Papua (formerly known as Irian Jaya), and elsewhere in the country. TNI personnel often responded with indiscriminate violence after physical attacks on soldiers. They also continued to conduct "sweeps" that led to killing of civilians and property destruction. The Commission for Disappearances and Victims of Violence (KONTRAS) reported that during the period between June 2000 and June 2001, police killed 740 persons. Despite the May 2000 agreement between the Government and the leaders of the Free Aceh Movement (GAM) to limit armed hostilities, military, police, and GAM forces committed numerous extrajudicial killings. Security forces in Papua assaulted, tortured, and killed persons during search operations for members of militant groups. The security forces inconsistently enforced a no-tolerance policy against flying the Papuan flag, tearing down and destroying flags and flag poles, and killing eight persons, and beating others who tried to raise or protect the flag prior to the signing into law of the Papua Special Autonomy Law, which permits the flying of the flag as a cultural symbol. There continued to be credible reports of the disappearance of civilians, KONTRAS reported 55 cases of forced disappearance between January 1 and September. The killers of two Achenese NGO activists, Jafar Siddiq Hamzah and Tengku Hashiruddin Daud, who had been abducted in 2000 and later found dead with indication of torture, had not been identified by year's end. Papuan independence leader Theys Eluay was kidnaped and killed in November. Crossborder raids into East Timor by East Timorese prointegration militias resident in West Timor, armed and largely supported by the army, diminished during the year as the Indonesian military withdrew its backing. Three Timorese who admitted killing three U.N. Office of the High Commissioner for Refugees (UNHCR) workers in West Timor were brought to trial in Indonesia and charged with manslaughter instead of murder.

Security forces tortured and otherwise abused persons. Rapes and sexual exploitation by security forces continued to be a problem. Prison conditions are harsh. Security forces employed arbitrary arrest and detention without trial in Aceh. Despite initial steps toward reform, the judiciary remains subordinate to the executive, is corrupt, and does not always ensure due process. Security forces infringe on citizens' privacy rights. Security forces continued to intimidate and assault journalists. The Government places some controls on freedom of assembly; however, it allowed most demonstrations to proceed without hindrance except in Aceh and Papua. Security forces also brutally dispersed demonstrations on several occasions. The Government places some controls on freedom of association. There are some restrictions on certain types of religious activity and on unrecognized religions. The Government continues to restrict freedom of movement to a limited extent. Thousands of Acehnese residents fled their villages during conflicts between the security forces and separatists. Intercommunal conflict forced the relocation of hundreds of thousands of persons in Maluku and North Maluku in 2000 and during the year. In West Timor, the Government's failure to disarm and disband the East Timorese prointegration militias impeded the repatriation or resettlement of thousands of East Timorese IDP's during the first half of the year. During the latter part of the year, obstacles to repatriation were uncertainty about conditions in East Timor and unresolved problems with government pensions.

Domestic human rights organizations continued to play a significant role in advocating for improvements in human rights; however, at times security force members killed, abused, and detained human rights activists and humanitarian workers, most frequently in areas with active insurgencies. On March 29, security forces reportedly killed three human rights workers and left their bodies in a village in South Aceh. In June in Jakarta, police detained and threatened Non Governmental Organization (NGO) members before releasing them. Violence and discrimination against women are widespread problems. Child abuse and child prostitution are problems, and female genital mutilation (FGM) persists in some areas. Discrimination against persons with disabilities, indigenous persons, and religious and ethnic minorities also are widespread problems. Interreligious violence, particularly in the Moluccas, has claimed over 6,000 lives since the onset of hostilities in January 1999, and thousands of Christians in Maluku have been forced to convert to Islam. Discrimination against ethnic minorities persisted. Attacks against houses of worship continued, and the lack of an effective government response to punish perpetrators and prevent further attacks led to allegations of official complicity in some of the incidents.

The Government continued to allow new trade unions to form and operate; however, enforcement of labor standards remains inconsistent and weak in some areas. Millions of children work, often under poor conditions. Forced and bonded child labor remains a problem, although the Government continued to take steps during the year to remove children from fishing platforms, on which bonded child labor most commonly occurs. Trafficking of persons into and from the country for the purpose of prostitution and sometimes for forced labor is a problem.

The Government was ineffective in deterring social, interethnic, and interreligious violence that accounted for the majority of deaths by violence during the year. Enforcement of the law against criminal violence deteriorated, resulting in religious groups purporting to uphold public morality, and mobs dispensing "street justice" operating with impunity.

In Aceh, armed separatists killed dozens of civil society leaders, academics, politicians and other local residents, as well as civil servants, police and soldiers. They also abducted and otherwise harassed such persons. GAM also targeted non-ethnic Acehnese residents of Aceh. On March 23, presumed GAM militants reportedly kidnaped and killed seven Javanese transmigrants. In June attackers believed to be GAM members, killed scores of Javanese and ethnic Gayo in Central Aceh. Ethnic clashes between Dayaks and Madurese transmigrants in February and March claimed 500 lives in Central Kalimantan, according to official sources.

In response to past abuses, joint civilian-military courts and various other investigative bodies continued to pursue cases involving army and police officers. Four military personnel and four civilians were detained in February for the December 2000 killings of three humanitarian workers from the NGO Rehabilitation Action for Torture Victims in Aceh (RATA) in North Aceh. A court was convened to consider the case, but by the year's end, no hearings had been held. The four civilians suspects escaped from police custody; the four military suspects remained in detention. There were no other reports of military or police personnel being prosecuted for crimes in Aceh. The Government has prosecuted several persons in connection with 2 attacks on UN personnel in East and West Timor, but has not prosecuted others for the militia-related crimes in West or East Timor dating back to 1999, although the Attorney General in September and October 2000 named 23 persons as suspects in East Timor human rights cases (one of whom was killed in early September 2000). The Government's critical failure to pursue accountability for human rights violations reinforces the impression that there would be continued impunity for security force abuses.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

Historically, politically related extrajudicial killings have occurred most frequently in areas in which separatist movements were active, such as Aceh, Papua, and formerly East Timor, and security forces continued to employ harsh measures against separatist movements. In addition security forces killed unarmed demonstrators, and there also were numerous instances of reported extrajudicial killings by security forces in cases involving alleged common criminal activity. The Government rarely holds the military or police accountable for committing extrajudicial killings or using excessive force.

In Aceh army and police personnel committed many extrajudicial killings and used excessive force or directed force against noncombatants in an attempt to quell separatist movements; at times the police and army forces were responding to rebel attacks. By year's end, 1,477 persons had been killed in Aceh, including 1,028 civilians, 134 security force members, and 315 GAM members. It was unclear to what extent police investigated such killings, and they made no progress in identifying the persons who committed these killings by year's end. The steep increase in casualties resulted directly from "Operation to Restore Security," a military crackdown begun in May. Local newspapers reported that 11 bodies were found on February 28 around Aceh and another 10 bodies were found on February 27. According to the report, at least several of the bodies were of those persons seized by security forces the night before their bodies were discovered. Human Rights Watch (HRW) reported that on March 29, security forces killed three human rights workers and left their bodies in the village of Simpang Tiga Alue Pakuk in Sawang subdistrict, South Aceh. One of these victims, Tengku Al-Kamal, a Muslim boarding school director in South Aceh, was a member of the team monitoring the "peace through dialog" agreement between the Government and the GAM. The other two victims were Suprim Sulaiman, Kamal's attorney from the Human Rights Coalition of Aceh, and Kamal's driver, Amirduddin. According to HRW, police questioned the three men earlier in connection with accusations of rape that five women had made against the Mobil Brigade Police, also known as Brimob (see Section 1.c.). According to HRW, on April 11, Brimob forces shot and killed student Usman bin Adam in Aceh. The Government denied any involvement by the security forces; however, human rights workers who conducted an investigation at the site claimed that security forces most likely were responsible. According to press reports, on July 1, security forces shot and killed 24 Acehnese during a military operation near the town of Takengon in Central Aceh. Soldiers claim that the soldiers had attacked a group of rebels who were planning to attack a nearby town; however, rebel spokesman said only four of the persons killed were militants and the rest were villagers. According to press reports, on July 22 security forces shot and killed 22 Acehnese during a joint military-police operation at a village in East Aceh. A GAM spokesman claimed that only one of the victims had been a GAM member. In October during a raid on Krueng Seumideun village in Peukan Baro district in Pidie, TNI forces shot and killed a high-ranking GAM negotiator, Zulfani bin Abdul Rani. There were numerous instances of excessive force by the military, police, and GAM members that went unpunished during the year. In December Lt. Colonel Supartodi said that his troops shot and killed four rebels during an ambush and that government troops also killed eight insurgents in other clashes. However, some separatists claimed that military officers forced the persons to lead them to rebel bases, after which soldiers killed them.

During the year there were numerous killings in Aceh that could not be clearly attributed to either the security forces or to the armed separatist movement, the GAM. Initial reports on August 9 indicated that unknown assailants shot and killed 31 employees of PT Bumi Flora, a palm oil plantation in Idi Rayeuk in East Aceh. According to the Government, GAM members often tried to extort protection money and intimidate the workers into striking. When the workers refused, GAM members shot and killed them. The GAM denied responsibility and called for an independent team to investigate the killings and bring the perpetrators before an international tribunal. An internal government report compiling eyewitness testimony on August 10 indicated possible military involvement in the killings. Security forces and the GAM blamed each other for the September 6 killing of the Rector of Syiah Kuala University Dayan Dawood, who unidentified assailants shot and killed while he was in his car. Dawood previously had offered to mediate between the GAM and the Government. Dawood's killing followed the killing of Aceh provincial legislator Zaini Sulaiman on September 1 and prominent politician Teungku Johan in May. Aceh's Police Chief promised to investigate the killings; however, no action had been taken by year's end. There were numerous other instances of excessive force by the military and police during the year that went unpunished, including the killing of politician Nashiruddin Daud, an NGO activist. As in most cases, there were no results from alleged government investigations into the deaths of Sukardi, Sulaiman Ahmad or Tengku Safwan Idris, who were killed during 2000 (see Section 1.b.).

In Papua security forces allegedly killed proindependence leaders during the year. Local community groups suspect that security forces killed Willem Onde, the leader of the Papua Liberation Front Army (TPNP), and his friend, Johanes Tumeng. Bodies, believed to be theirs, bearing evidence of gunshot wounds, were found floating in the Kumundu River on September 12 with their hands bound and heads shaved. In addition, on November 11, Papuan proindependence leader Theys Hiyo Eluay was found dead in his car outside of the provincial capital Jayapura after his driver reported that he had been kidnaped. Police also continued to shoot and kill persons involved in largely peaceful Papuan independence flag-raisings or demonstrations (see Sections 1.c., 2.a., and 5). Police shot and killed eight persons, and detained and beat six others after mobs rioted, blocked roads, burned cars, and damaged buildings in Papua. The mobs allegedly were reacting to reports that the security forces planned to remove the Papuan flag from the house of an indigenous community leader. Police detained 22 persons returning from a traditional ceremony in March and killed six of them in connection with the same incident. Such incidents were similar to a series of police reactions to flag-raisings over the past 3 years; however, after the Papua Special Autonomy law was signed in November, allowing the Papua flag to be displayed as a cultural symbol, security forces seemed to allow the flying of the flag.

Police also killed Papuans while attempting to search for suspects. For example, police killed one person while searching for the killers of three employees of a logging company in Wonggema village, in Papua. In June and July, police shot 13 persons while seeking the persons who killed 5 police officers and 1 local employee of a foreign-owned logging company.

East Timorese prointegration militias based in West Timor, who, according to credible reports, continued to be armed and supported by the army, committed numerous extrajudicial killings in past years. For example, in September 2000, a mob of East Timorese IDP's, led by militia members attacked UNHCR offices in Atambua, West Timor and killed three international UNHCR staff members, then mutilated and burned their bodies. Security forces that were assigned to protect the UNHCR office failed to prevent the militia forces from attacking and left the area before the militia's second attack on the building, when the three UNHCR workers were killed. Six individuals originally were sentenced in May to between 10-to-20 months on charges of mob violence in connection with the incident, after a lower court ruled that they had been provoked. On November 15, the Supreme Court handed down sentences of 5 to 7 years, the maximum for the charge of mob violence, to three of the defendants. The Court had not rendered its decision on the other three defendants by year's end. In November Jacobus Bere, a member of a group accused of the July 2000 killing of a New Zealand Peacekeeper, was retried for first- and second-degree murder, following a joint investigation of the incident by the Government and U.N. Transitional Administration in East Timor (UNTAET). The trial was postponed from October until December because Bere was ill, and had not concluded by year's end. Government prosecutors also indicted three of the five other militia members involved in the incident. The other two militia members still were at large. Johannes Tino and Gabriel Hale Noni were charged with premeditated murder, a charge carrying the death penalty. Fabianus Ulu face up to 15 years in jail if convicted on the lesser charge of homicide. Killings by prointegration militias included those of West Timor resident Bornard Loddo in July 2000 and a Nepali U.N. peacekeeper in August 2000. There were no reports of progress into the investigation into these killings during the year.

According to credible reports, security forces in the Maluku island chain, especially in the centrally located island of Ambon, were responsible for some of the shooting deaths that occurred during widespread riots and communal clashes throughout the year. The National Commission on Human Rights (KOMNAS-HAM) established a fact-finding team to investigate the June 12-14 killings of 20 persons during a crossfire shooting between the military and the Laskar Jihad (the Java based Muslim militia). The fact finding team concluded that the killings were outside KOMNAS jurisdiction, because the Commission's mandate allowed it to investigate only cases involving gross violations of human rights. Despite claims to the contrary, there was no credible evidence to suggest that the security forces as an institution supported one side or the other during the violence (see Sections 2.c. and 5).

The police on several occasions throughout the country used deadly force to disperse demonstrators. For example, in January Central Kalimantan police shot and killed at least 20 persons and wounded many others by shooting indiscriminately into rioting crowds. On February 27, police shot three rioters in Sampit and two in Palangka Raya, killing one. On March 8, police in Palangka Raya fired into a crowd of rioters killing five persons and injuring several others. On April 9, police in Sampit killed 1 and seriously injured 2 civilians, when they opened fire to disperse a crowd of 300 Dayaks protesting harsh measures police imposed on local Dayaks. On July 17, a police officer shot and killed a bystander while attempting to disperse a crowd in Jakarta. Many citizens also claimed that police were slow to respond forcefully to violent civil disorder. For example, police were slow to respond to the killings of Madurese migrants in Central Kalimantan in January and February.

In Pasuruan, East Java, police opened fire on demonstrators protesting the MPR's second censure of then President Wahid on June 20, killing one protester. Fact finding teams from the MPR and KOMNAS-HAM investigated the killing. MPR officials announced that the police followed correct procedures. However, KOMNAS-HAM investigators, in an October 22 letter to the East Java police, called for further investigation of the killing. KOMNAS-HAM also conducted an investigation into police use of excessive force on December 7, 2000 in Abepura, West Papua, when police pulled 23 students from their dormitory rooms and beat them. Two students died from the beatings, and dozens of others sustained serious injuries. The KOMNAS-HAM issued a report recommending that the case be tried by the new human rights court. No investigation into police killings of demonstrators during 2000 had occurred by year's end.

No disciplinary action was taken against the immigration personnel responsible for the disappearance and presumed death of a foreign citizen in March 2000, and there were no developments in the case by year's end.

At times the police and the military killed civilians in the crossfire of their attacks on each other. A Madurese IDP was killed during a February 27 dispute between police and security forces over extortion collections from Madurese IDP's evacuating from Central Kalimantan; 10 soldiers and police were wounded. Police and military exchanged fire on September 15, killing 3 civilians and injuring 15 others in Madiun, East Java. Observers said that the gunfight occurred over "turf battles" for protection of gambling dens and drug trade. Investigators named 112 military personnel and 13 police personnel as suspects in the killings, and announced that their cases would be tried. Twenty-three members of the military and police force were discharged.

The police often employed deadly force in apprehending suspects or dealing with alleged criminals, many of whom were unarmed. For example in September, police shot and killed 23 persons suspected of illegal weapons possession in an incident in Jakarta, claiming that they resisted arrest. During the year, police shot and killed at least 25 Africans suspected of trafficking in narcotics. Africans constitute a disproportionately large percentage of those killed while being arrested, suggesting that such killings are racially motivated. In response to criticism that the methods used were unjustifiably harsh and amounted to execution without trial, police generally claimed that the suspects were fleeing, resisting arrest, or threatening the police. Police did not release complete statistics regarding the number of these cases by year's end (see Section 5).

Four military officers and four civilians were detained in February for the December 2000 killings of three humanitarian workers in Aceh. The court found the officers not guilty of murder, but convicted them of inciting mob violence and sentenced them to prison terms varying from 10 to 20 months in prison.

In July 1999, the Government appointed an independent commission (KPP Aceh) to investigate human rights violations in Aceh. In November 1999, the Commission recommended that the Government investigate five cases of alleged human rights violations. In April 2000, the trial of 24 army personnel and a civilian, who all previously were convicted for the killing of 58 civilians in Beutong Ateuh in July 1999, began; however, none of the accused was above the rank of lieutenant colonel. During the trial, soldiers testified that they had killed civilians, but argued that they were not guilty of murder because they were following their commander's orders. The commander reportedly disappeared; however, NGO's reported a subsequent sighting of him in the company of other military officials. The trial ended in May 2000 when the 24 defendants received sentences of 8 to 10 years in prison. By year's end, no one had been charged in the other four cases, which include: The May 1999 massacre at Krueng Geukey, North Aceh; the February 1999 attack on demonstrators that resulted in seven persons killed in Idi Cut, East Aceh; a series of killings and abductions at a detention facility in Pidie from 1997-98; and the August 1996 rape of Sumiati, an Acehnese women, by a soldier.

The Commission for Investigation of Violations of Human Rights in East Timor (KPP-HAM) delivered its report of human rights violations in East Timor to the Attorney General's Office in January 2000. The Attorney General said that his office initially would prosecute five major cases arising from the April 6, 1999 massacre in Liquisa; the April 17, 1999 killings at the home of independence leader Manuel Carrascalao's house; the September 5, 1999 attack on the compound of the Catholic Diocese in Dili; the September 6, 1999 massacre of priests and displaced persons at a church in Suai; and the September 21, 1999 killing of Dutch journalist Sander Thoenes. The Attorney General's Office named 23 suspects in September and October 2000 (one of whom, an East Timorese militia commander, was killed by militia members in early September 2000). Those accused included several army and police generals, but did not include then-Armed Forces Commander General Wiranto, former Armed Forces intelligence chief Zacky Anwar Makarim, and other senior members of the military leadership who were named as responsible parties in the KPP-HAM report. Progress on these five cases was slow, and the number of suspects named was small in comparison to the number of persons believed responsible. Although Indonesian authorities were assisted greatly in their investigation by UNTAET, the Government did not cooperate fully in December 2000, when UNTAET requested similar support for its own investigations into the atrocities.

There were no new developments during the year in the shooting deaths of at least nine demonstrators at Jakarta's Semanggi interchange in November 1998. The trial of nine low-ranking police officers implicated in the May 1998 shooting deaths of four students at Trisakti University in Jakarta began on June 18. Prosecutors charged the officers with premeditated murder, which carries a maximum penalty of life imprisonment, and assault leading to death, which carries a maximum penalty of 7 years in prison. The trial was ongoing at year's end.

In 2000 the police began conducting an investigation of the July 1996 attack on the headquarters of the Indonesian Democratic Party (PDI), questioning the top army and police leadership at the time. A joint police/military team subsequently questioned witnesses and potential suspects, and by November 2000 had begun submitting cases to the Attorney General's Office for prosecution, although no further action was taken during the year (see Section 1.b.).

The East Java police in 2000 reopened an investigation into the 1993 killing of labor activist Marsinah, questioning again over a dozen witnesses and previous suspects, including civilians and army and police personnel. In December 2000, the East Java police chief said Australian laboratory tests confirmed that Marsinah's blood had been found in the home of the owner of the factory where Marsinah worked and in a van believed to have transported her to the place where she was found. However, by year's end, there was no further action on the police investigation.

In February 2000, the National Human Rights Commission formed a commission to investigate the September 1984 killing of an estimated 33 demonstrators by security forces at Tanjung Priok, Jakarta. The commission questioned senior army and police officials, exhumed mass graves where victims were buried, and reported the investigation results, including names of 23 persons considered to be responsible for the killings, to the Attorney General in October (see Sections 1.c. and 4). At year's end, a spokesman for the Attorney General confirmed that the investigation was completed; however, he declined to name any suspects and none were arrested.

Citizens' attacks on other citizens caused the majority of killings during the year.

Throughout the year in Aceh, armed separatist groups killed dozens of civil society leaders, academics, politicians, and other local residents, as well as civil servants, police, and soldiers. For example, on March 23, local newspapers reported that attackers, presumed to be GAM members, kidnaped and killed seven Javanese transmigrants that had been working on a plantation. The seven transmigrants were found shot with their hands tied behind their backs. In June attackers believed to be GAM members, killed scores of Javanese and ethnic groups in Central Aceh. On September 18, armed separatists abducted Muzakir, a Muslim community leader of a village in Batu Itam. Residents of Alur Naga in South Aceh found him dead on September 20 with bullet holes and burn wounds. Armed separatists shot and killed T. Sofyan, the village leader in Lan Tabeh, Aceh Besar, on November 16. Armed separatists, who had constructed roadblocks on the Medan-Aceh road, shot and killed a police captain who attempted to drive through the roadblock on December 18.

Separatist groups also killed numerous civilians and soldiers during the year. The Free Papua movement (OPM) killed five police officers and a security guard at a foreign-owned logging company in Wondiboi, Wasior District, and Papua on June 13. Police blamed the attacks on OPM; however, many local human rights groups believe a disagreement between the local community and the foreign company over compensation for logging on indigenous land may have instigated the attacks. An OPM group took two migrant settlers hostage after police shot and killed two Papuan separatists in a September 23 crossfire after an OPM raid on a military post in Bonggo, Papua. Unknown attackers killed four soldiers in a February 3 attack on a military post in Betaf, Papua.

Fighting in the Moluccan island group, which began in Ambon in January 1999, spread to most major islands in the Moluccas in 2000 and during the year. The fighting in all three provinces (North Maluku, Maluku, and Central Sulawesi) had political, economic, ethnic, and religious overtones (see Sections 2.c. and 5). While initial conflicts emerged over land tenure questions and the political and economic status of local residents versus that of migrants, in many cases the conflicts later evolved into highly charged religious clashes. One of the major factors contributing to the continuation of violence in these islands was the failure to bring the perpetrators to justice (see Sections 2.c. and 5); another factor was the failure of the authorities to prevent armed militants from traveling in large groups to the Moluccas from Java. Christian and Muslim groups increasingly used sophisticated weapons as the fighting continued, causing over 3,000 deaths and destroying many churches, mosques, and, in some cases, entire towns, mostly in 2000. The level of violence intensified in late 1999 and in the early part of 2000, after Christian gangs and militia (and to a lesser extent, Muslim gangs and militia) attacked isolated villages in Halmahera and other parts of North Maluku. During 2000 and following the December 1999 attacks by Christians, Muslim militias drove Christian populations away from many areas of North Maluku and Maluku provinces (see Section 2.d.). As IDP's fled to neighboring areas and islands, their resentment against those who had attacked them often sparked conflict in their new places of residence. In addition unverified reports of provocations and conspiracies fueled the continuous cycle of violence. The violence decreased in Ambon in late January 2000 and this year, after security forces began enforcing a curfew and disarming civilians. At the same time, mutually destructive fighting escalated in Halmahera and other parts of North Maluku. By April 2000, there were some signs of reconciliation in Ambon after the provincial government established reconstruction programs and markets in border areas between Muslim and Christian communities. However, in late April 2000, serious rioting broke out immediately following a visit by then Vice President Megawati Soekarnoputri. There was a further upsurge in violence in May 2000, after boats filled with members of the Laskar Jihad, Muslim militants from Java, arrived in Ambon and other parts of the Moluccas (see Section 5). As many as 2,000 to 3,000 militants ultimately arrived via boat. Law and order continued to deteriorate steadily, and in June 2000, violent mobs stormed through Ambon city with little or no security force interference. There also were large-scale Muslim attacks against Christians in Halmahera in May and June 2000. The level of violence decreased, particularly in North Maluku, after then-President Wahid declared a state of civil emergency in both provinces in late June 2000 (see Section 2.d.); the state of emergency still was in effect at end of 2000. However, violent interreligious clashes continued to occur throughout the year, especially in Ambon.

According to HRW, on May 4, the Government arrested the head of Laskar Jihad, Jafar Uman Thalib, and charged him with murder. He was released on June 12. Violence subsequently flared in Ambon, where 18 Christians were killed (see Section 5). In response, on June 14, the army attacked a Laskar Jihad post, killing 22 Muslims.

Beginning in late May 2000, in Central Sulawesi, numerous villages experienced renewed religious riots and violence, resulting in numerous deaths and widespread destruction. A significant increase of killings occurred in November and December, apparently spurred by Laskar Jihad militants. Tens of thousands of Christians fled their homes as villages were attacked. On December 1 and 2, hundreds of Laskar Jihad attacked Christian forces in the villages of Sepe and Batugincu, south of Poso city. Three soldiers and three civilians were shot. A police officer shot and killed a rioter and wounded four on December 3, after a Muslim attacked a church in Poso city. By year's end, the army was able to quell the violence, and a tenuous peace agreement was negotiated. According to local press reports, the three leaders of the Christian Red Force who were convicted of leading rioters in mass killings and given the death penalty, are appealing their sentences to the Supreme Court.

In Kalimantan interethnic clashes resulted in hundreds of killings during February and March. Indigenous Dayak tribesmen killed approximately 600 Madurese migrant settlers and burned more than 1,000 houses and stores in Central Kalimantan (see Section 5). In response, over 105,000 Madurese evacuated back to East Java and Madura Island, where they settled in local communities. In Pontianak, West Kalimantan, the killing of a Malay boy, on June 25, allegedly by Madurese robbers, as well as local resentment of the continued presence of Madurese IDP's in local public sports facilities, led to interethnic clashes between Madurese refugees and ethnic Malay residents which resulted in 7 refugee deaths and destruction of temporary shelters for over 300 families (see Section 5). Three suspects were arrested for the robbery, no arrests in connection with the killings were made by year's end. Over 40,000 Madurese migrants remained in IDP camps located in public sports facilities in Pontianak or in outlying areas at year's end. There were reports from local NGO's, provincial officials, and local press of Dayaks killing an unknown number of Madurese attempting to return to Central Kalimantan.

A series of bombings occurred in Jakarta and other cities, including Depok, Bekasi, Yogyakarta, Banten, and Central Sulawesi from January through June targeting churches, overpasses, shopping malls, and residences. Several bombings between Christmas and New Year's primarily targeted churches. The NGO Coalition (ORNOP) reported that there were 110 bombing incidents, which claimed 26 lives and injured 201 persons during the year. A suspect in the October bombings at Atrium Mall was released on her own recognizance on October 4; however, she was required to report to the Jakarta Police twice a week. Police arrested 13 persons, including 3 Malaysians, in September following another bombing of the Atrium Mall. Police believed the 13 detainees also were responsible for some of the church bombings on Christmas Eve 2000 (see Section 5). The Christmas Eve bombings occurred in 9 cities and injured more than 100 persons, according to press accounts. On July 19, the Bandung District Court sentenced two defendants found guilty of involvement in one of the bombings that killed four persons to 9 years in prison. The court sentenced the owner of the house in which the two defendants allegedly made the bombs to 8 years in prison.

Two defendants suspected of involvement in the Jakarta Stock Exchange bombing, which killed 10 persons and injured dozens of others in September 2000, escaped from custody before they could be tried. One of the defendants, a corporal in the Army's Strategic Reserves Command, escaped while in the custody of four members of the military police. The other suspect, a civilian, escaped from prison in East Jakarta in February. The court sentenced the remaining three defendants, two military and one civilian, to 20 years in prison each (see Section 1.c.).

According to press reports, during 2000 145 persons accused of committing crimes (usually theft or responsibility for vehicular accidents) were killed by mobs of persons on the scene of the alleged crimes in the most populous urban areas of Jakarta, West Java, East Java, and North Sumatra. Countrywide statistics were not available at year's end.

There also were press reports of mobs attacking security forces and civilian guards. For example, on August 14, pedicab drivers beat to death a civilian guard and severely injured eight others attempting to evict the drivers from West Jakarta; by year's end, no one had been arrested in connection with the attack (see Section 1.c. and 6.a.). The city administration had banned pedicabs from operating in Jakarta since 1988.

During the year, there were a number of reports of killings of persons who practice traditional magic ("dukun santet") (see Section 5). For example, on September 2, approximately 40 villagers in Bentarkawung, Central Java killed Warsono, who the villagers believed caused another resident to become ill and die. On October 7, a resident in Tangerang, West Java, beat and killed a newly arrived resident who was believed to have caused the death of seven residents. No one had been charged in the incidents by year's end.

b. Disappearance

According to a report issued in 2000 by the Committee for Missing Persons and Victims of Violence (KONTRAS), 843 persons remain missing as a result of military operations, land disputes, and political and religious activities over the past 20 years. In addition KONTRAS reported that 106 persons remained missing in Aceh during the year.

In Aceh there continued to be credible reports of the disappearance of many civilians. KONTRAS reported that 14 persons disappeared in September alone, including 5 Acehnese community leaders, who GAM abducted while returning from a meeting with President Megawati on September 8, but released them on September 10. Aristoteles Masoka, Theys Eluay's driver, has been missing since Eluay's murder; he last was known to be in Kopassus custody. Often, the bodies of missing persons later are discovered, frequently bearing marks of torture (see Section 1.c.). Three prominent Acehnese disappeared in Medan, North Sumatra during 2000; however, only Syahputra remained missing at year's end. The bodies of Member of Parliament and human rights activist Tengku Nashir and NGO activist Jafar Sidiq Hamzah later were found, bearing signs of torture. NGO's allege that TNI forces or police personnel are responsible for many cases of civilian disappearances.

There were no developments in the investigation into the causes of death or the identification of the remains of 32 bodies found floating around Biak, Papua in July 1998 after navy and police forces broke up a proindependence demonstration. Multiple reports claimed that many of the bodies were demonstrators who had been detained and then killed while in custody.

The Government has not taken any significant action deter forces that abduct persons. In most cases in Papua, Brimob or Kopassus forces often round up and detain persons after a violent incident. An atmosphere of impunity by such groups encourages others to continue abductions.

According to Amnesty International (AI) on June 25, armed men abducted Hubertus Wresman, a Sunday school teacher from Betaf. AI believes Wersman's abductors were army personnel. There were no developments in Wresman's case by year's end. Brimob officers kidnaped Daud Yomaki, Henok Marani, and Mais Imburi during search operations after five police were killed on June 13 in Wondiboi village (see Section 1.a.). The body of Felex Urbon, another person who allegedly was abducted by Brimob on June 20, was found on July 16.

There were no developments in the numerous disappearances of persons in East Timor in 1999 and in earlier years.

There was no progress in the case of four members of the Agrarian Reform Consortium (KPA), an NGO based in Bandung, West Java that advocates for dispossessed farmers, claimed that they were kidnaped at gunpoint by unknown persons on August 14 in 2000. Their alleged abduction came after police forcibly removed them from a demonstration and hunger strike that they were conducting inside the Parliament building in Jakarta. They claimed that after several days in solitary confinement they were driven to different locations and interrogated at length about their organization's activities, finances, and aims. They said that they were not tortured physically, but that their lives and those of their families and colleagues frequently were threatened. Their captors released them on August 27. The KPA then filed suit against the police alleging that the police had kidnaped four of its members. The Jakarta district court dismissed the lawsuit for lack of evidence. The KPA filed an appeal; however, the court had not rendered a decision by year's end. Police opened an investigation into the kidnaping, but were unable to identify the perpetrators (see Sections 1.e. and 4).

There were no developments in the case of 12 persons who disappeared (and are presumed dead) in Java during a series of kidnapings of opponents of the Soeharto regime carried out by Army Special Forces (Kopassus) personnel in 1997 and 1998. However, in 2000 the police began conducting an investigation into the 1996 PDI incident in which 16 persons disappeared, and submitted cases to the Attorney General's Office (see Section 1.a.). No new information emerged on the fate of the 16 missing persons by year's end.

In Aceh armed separatists often abduct army members, police personnel, civil servants, and others, although they do not always acknowledge responsibility for these incidents. Militia groups are believed to have killed some civilians suspected of being collaborators or informants of the security forces. For example, the GAM abducted Ghazali Usman, a member of Aceh's provincial parliament in September. He was released on November 26.

On January 16, 12 employees of a Korean firm in Asiki district were kidnaped by the OPM. The OPM also detained a 4-man negotiating team before releasing all 16 persons on January 25. On March 23, two Korean employees of a logging company were kidnaped and released by March 30. Two Belgian filmmakers, who were abducted on June 6 by Papuan separatists and held in Puncak Jaya district, were released on August 16. Papuan separatists kidnaped two transmigrants on September 23 after a raid on a military post in Bonggo district. The six plantation employees who were abducted in July 1999 in Papua near Arso remained missing.

Kidnaping of children for ransom is a recent and reportedly growing phenomenon. In July a 2-year-old boy was kidnaped after his grandparent in Ciwidey failed to pay a debt. The kidnaper surrendered to police before the child's parents paid the ransom.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The Criminal Code makes it a crime punishable by up to 4 years in prison for any official to use violence or force to elicit a confession; however, in practice legal protections are both inadequate and widely ignored, and security forces continued to employ torture and other forms of mistreatment, particularly in regions where there were active security concerns, such as Aceh and Papua. Police often resort to physical abuse, even in minor incidents.

There were numerous credible reports that the army and police continued routinely to torture detainees in Aceh. A July report by KONTRAS stated that police and the TNI tortured 159 persons in Aceh. For example, a suspected GAM member told HRW that a joint security force of police, Brimob, and military arrested and blindfolded him on April 2. He said that his interrogators "used pliers to pull the nail off his left thumb, punctured his nose, and caused other scars on his forearm and nipple." Methods of torture documented in the past include beating, whipping, electric shock, and rape. AI reported that police at a military checkpoint in Southeast Aceh detained and tortured two human rights activists. The activists had been investigating reports that 100 persons in Central Aceh district had been killed in June by the TNI. AI reported that Brimob beat, shot, and killed three high school students detained at the Krueng Sabee police station in Caleng, West Aceh on June 18.

In Aceh army and police officials routinely use excessive force and violence when investigating attacks by armed separatists. Police and army personnel also routinely respond to attacks on soldiers by engaging in indiscriminate violence against bystanders. In March police and military burned hundreds of homes and stores in the East Aceh town of Idi Rayeuk after rebels briefly captured the town. Police and military killed three civilians and injured three others as they retook the town.

There were numerous credible reports that army, paramilitary groups, and police assaulted persons detained in Papua. Police arbitrarily detained, beat, and tortured persons in search operations after attacks on security facilities or private companies by unknown armed groups. According to the Institute for Human Rights Study and Advocacy (ELSHAM), Brimob forces responded to the killing of five Brimob members by unidentified gangs by conducting operations against villagers in Ransiki, and arrested and tortured nine persons, including a 15-year-old boy, who they beat unconscious. The TNI also arbitrarily detained over 100 persons during the search operation. KONTRAS reported that during the operation, the TNI tortured 14 to 16 of the persons it detained in the village of Wondiboi.

During testimony before the U.N. Committee Against Torture, Felice Gaer stated that sexual violence in the country "appeared to be frequently employed" as a form of torture. Gaer added that she had received numerous reports of sexual abuses, including rape, in Aceh, Papua, North Maluku, and Maluku. KONTRAS reports that there were 15 documented cases of rape in Aceh since April. According to a local report in Papua, the TNI raped 94 women and girls in Paniai between 1969 and 1998.

On March 7, 2000 in an isolated area of North Aceh's Matangkuli subdistrict, a group of armed men in army fatigues raped 4 women and sexually molested 12 others; they also beat severely 6 men and robbed their families; no persons had been charged by year's end. The trial for the rape of Sumiati, an Acehnese woman allegedly raped by a TNI soldier in 1999, did not begin by year's end; Sumiati's rape case is one of five human rights trials that the special commission was scheduled to hear (see Section 1.a.). No charges were brought in the August 1999 rape of nine Acehnese women in Kecamatan Tangse Selatan, Pidie district, for which TNI soldiers allegedly were responsible.

There are allegations that prointegration East Timorese militias in West Timor are holding East Timorese women as "sex slaves" (see Section 5). Kristy Sword Gusmao, wife of East Timorese independence leader Xanana Gusmao reported in November 2000 that 33 pregnant East Timorese women returned to East Timor and claimed that the TNI had abducted them and forced them to serve as their sex slaves in West Timor. No one was held accountable for the numerous acts of rape and sexual abuse that TNI-supported militia groups perpetrated against displaced East Timorese women in 1999.

In January 2000, the Minister of State for Women's Empowerment said that the Government would follow up on the recommendations of the joint factfinding team (TGPF) that investigated the May 1998 civil unrest in Jakarta and other cities. The team's report, issued in November 1998, found evidence that some elements of the army may have been involved in provoking the violence, which included attacks against Sino-Indonesian women, and urged further investigation of the at least 85 instances of violence against women that the team verified. However, no further investigations had been undertaken by year's end (see Section 5).

There were instances in which security forces responded with brutality to peaceful demonstrations, although they usually allowed peaceful demonstrations to proceed without resorting to force. For example, the Asian Human Rights Commission (AHRC) reported in June that 19 demonstrators from the Young Christian Worker movement (YCW), the Student League for National Democracy (LMND), and the People's Democratic Party (PRD), were detained and tortured in Bandung. The demonstrators were protesting against changes to the labor laws regarding severance pay and oil-price increases. According to the Legal Aid and Human Rights Association, 18 of the demonstrators were released after 3 months of detention without trial, and 1 was sentenced to one year in prison for spreading hatred of the Government. On June 8, individuals allegedly belonging to an Islamic organization ransacked the Asia Pacific Solidarity Conference on Neoliberalism in West Java and reportedly harming some of the participants. Police did not intervene to protect the participants but instead broke up the conference and detained 2 local and 32 foreign labor activists (see Section 6.f.). On June 13, a mob of approximately 150 persons connected to the Golkar Party disrupted a Solidarity Center (ACILS) workshop on grievance handling in East Kalimantan (see Section 6.f.). In numerous instances in Papua in 2000 and during the year, police attempted to break up peaceful demonstrations in which Papuans raised the Papuan independence flag, and when Papuans resisted, police responded with excessive force, killing and injuring demonstrators (see Sections 1.a., 2.a., 2.b., and 5).

Police entered and caused property damage to the building housing the Indonesian Legal Aid Foundation (YLBHI) and Jakarta Legal Aid Society (LBH) on two occasions in which they pursued demonstrators who sought refuge in the LBH building. LBH reported that Brimob beat and ordered LBH personnel to strip to their undergarments and lie face down on the ground before putting them in a truck and taking them to police headquarters. In addition police broke windows and damaged cars with rocks, nightsticks, and bullets during the incidents.

Students and other civilians also engaged in violent and destructive behavior, resulting in nonlethal injuries and property damage. Ten thousand workers protesting the new severance pay decree in June threw stones, wood, and plastic bottles, injuring at least nine persons and damaging two hotels in Jakarta. Hundreds of pedicab drivers, using Molotov cocktails, machetes, steel bars, and stones, attacked 500 city public security officials, who were about to raid their illegal business in August. The drivers beat an official to death, two officials were injured, and the mob set fire to and stoned vehicles (see Section 1.a.). Muslim students in Makassar, South Sulawesi attacked non-Muslim students during two separate incidents on October 23 and 24, severely injuring six persons. The Muslims claimed to be retaliating against the burning of an effigy of Usama bin Laden in a predominantly Christian town. Hundreds of students from the Indonesian Muslim University (UMI) in Makassar destroyed property at the Japanese Consulate General and demanded the Consul lower the Japanese flag so it could be burned. The students were protesting U.S. military action in Afghanistan.

On August 22, 2000 East Timorese militias beat and severely wounded two UNHCR staff members at the Naen camp near Kefamenanu, West Timor. The UNHCR staff had been invited to the camp to distribute shelter supplies when a machete-wielding man attacked them and a mob stoned them. A series of bombings occurred in Jakarta and other cities, including Depok, Bekasi, Yogyakarta, Banten, and Central Sulawesi, from January through June at churches, overpasses, shopping malls, and residences (see Section 1.a.). An NGO Coalition (ORNOP) reports that there were 110 bombing incidents that claimed 26 lives and injured 201 persons during this year. Except for the case of the Stock Exchange bombing, no suspects were apprehended by year's end.

In the latter part of the year, several Islamic groups threatened Western persons and conducted "sweeping" operations at hotels and other public venues in an attempt to drive Westerners out of the city.

Prison conditions are harsh, and mistreatment and extortion of inmates by guards and violence among prisoners is common. The incidence of mistreatment drops sharply once a prisoner is transferred from police or military custody into the civilian prison system or into the custody of the Attorney General. Nine prisoners at the Kebon Waru Prison in Bandung died from untreated illnesses, according to press reports in July. Credible sources report that criminal prisoners in some facilities are beaten routinely and systematically as punishment for infractions of prison rules and to coerce information about other prisoners. During an August raid of Cipinang Prison in East Jakarta, police seized knives, swords, sickles, machetes, firearms, and hand grenades, which had been smuggled into the prison for the inmates, according to press accounts. Prison brawls frequently occur over drugs or ethnic divisions. Former inmates at Jakarta's Cipinang Prison told the press in November 2000 that drug use among prisoners is common, and that inmates can obtain drugs, better treatment, and better conditions by bribing guards. Government officials admitted publicly that prison guards were involved in prison "drug syndicates."

Women are housed separately from men in prisons, but in similar conditions. Juveniles are not housed separately from adults.

The Government generally does not permit routine prison visits by human rights monitors, although some visits occasionally are permitted; however, the International Committee of the Red Cross (ICRC) was able to visit 12 convicted prisoners during the year (see Section 4).

d. Arbitrary Arrest, Detention, or Exile

The Criminal Procedures Code contains provisions against arbitrary arrest and detention, but it lacks adequate enforcement mechanisms, and authorities routinely violate it. The code specifies that prisoners have the right to notify their families promptly and that warrants must be produced during an arrest except under specified conditions, such as when a suspect is caught in the act of committing a crime. The law authorizes investigators to issue warrants to assist in their investigations or if sufficient evidence exists that a crime has been committed. However, authorities at times made arrests without warrants.

The law presumes that defendants are innocent and permits bail. Defendants or their families also may challenge the legality of their arrest and detention in a pretrial hearing and may sue for compensation if wrongfully detained. However, it virtually is impossible for detainees to invoke this procedure or to receive compensation after being released without charge. In both military and civilian courts, appeals based on claims of improper arrest and detention rarely, if ever, are accepted. The Criminal Procedures Code also contains specific limits on periods of pretrial detention and specifies when the courts must approve extensions, usually after 60 days. The courts generally respect these limits.

The authorities routinely approve extensions of periods of detention. In areas in which active guerrilla movements exist, such as Aceh and Papua, there are many instances of persons being detained without warrants, charges, or court proceedings. Bail rarely is granted. The authorities frequently prevent access to defense counsel while suspects are being investigated and limit or prevent access to legal assistance from voluntary legal defense organizations. Special laws on corruption, economic crimes, and narcotics are under the Criminal Code.

Security forces frequently detained participants suspected of inciting demonstrations, although most were released after questioning (see Section 2.b.). Labor activist Ngadinah was arrested on April 23 and charged with "unpleasant behavior" and inciting other workers to strike in an athletic shoe factory. Police detained Ngadinah for 2 weeks. She remained under house arrest until August 30, when a court acquitted her of all charges. On June 8, individuals allegedly belonging to an Islamic Organization ransacked the Asia Pacific Solidarity Conference on Neoliberalism in West Java and reportedly threatened some participants. On June 17, two student activists in Jakarta were arrested and charged with inciting "chaos" following a violent demonstration in Jakarta against a fuel price increase. The two students were sentenced to 5 months in jail in September and remained in detention at year's end (see Section 6.b.).

There is no reliable data on the number of arbitrary arrests or detentions without trial, particularly in Aceh and Papua, but there is ample evidence that arbitrary arrests and detention without trial are employed systematically in Aceh. On November 20, the head of the Aceh NGO (SIRA), Muhammad Nazar, was arrested on charges of "spreading hatred" by hanging banners in favor of a referendum and against the military during a campus rally in August 2000. He was convicted in March, sentenced to 10 months in prison, and released in December. On July 20, in Banda Aceh, police detained six GAM representatives to the "Peace Through Dialog" negotiations sponsored by the Switzerland-based Henri Dunant Center (HDC). Police claimed the individuals were rebels and not negotiators and arrested them on suspicion of subversion. Five of the six negotiators reportedly were released on August 29; the sixth remained in detention at year's end, accused of possession of false passports. In August Acehnese student leader Fasial Saifuddin was detained in Jakarta on similar charges. His trial was ongoing at year's end. Acehnese student leader Kautsar Mohammed Yus was detained in Banda Aceh in July on the charge that he spread hatred of the Government during a demonstration against ExxonMobil operations in Aceh. He remained in detention by year's end. In June and July, the TNI arbitrarily detained over 100 persons during a military operation in search of OPM members (see Section 1.c.).

Police detained numerous persons in Papua after violent clashes in Jayapura in December 2000, Merauke in November 2000, and in Wamena in October 2000 (see Sections 1.a., 1.c., and 5). On December 15, police detained the director of the Institute of Human Rights Study and Advocacy in Papua for 22 hours (see Section 4). Four Papuan students were convicted on August 7 of defaming the Government for a December 2000 proindependence demonstration in front of a foreign embassy. The district court sentenced the students to 3 months in prison, including time served. Prior to the August trial, the students already had been detained for 3 months and released in March pending their trial. In March 2000 the regional police command for Papua investigated criminal charges against 16 leading members of the Papuan Presidium Council for crimes against the security of the state and public order, based on claims that they had organized a gathering of Papuan community leaders in February 2000 and a peaceful Papuan independence flag-raising on December 1, 1999. The investigation against some of the 16 persons later was dropped; however, in November 2000, police arrested the chairman, secretary general, and three other Papuan Presidium Council members on similar charges (see Sections 2.a. and 5). In mid-December 2000, 17 Papuan activists went on trial in Wamena on charges of endangering state security by promoting separatism during an October 6, 2000, flag-raising incident in which police killed 13 Papuans, then later killed 2 dozen migrants. The courts found all guilty of rebellion, attempting to secede from the State of Indonesia, and other lesser offenses, and sentenced them to terms of imprisonment ranging from 1 to 4 years. On June 12, they filed an appeal against their sentences to the Supreme Court. An earlier appeal to the Papua High Court was rejected.

Security forces detained a number of foreign members of both foreign and domestic NGO's during the year (see Section 4).

In past years, several foreign tourists have been subject to arbitrary arrest and detention while traveling in Papua.

The Government does not use forced exile.

e. Denial of Fair Public Trial

The Constitution provides for the independence of the judiciary; however, there are a few signs of judicial independence, and in practice, the judiciary is subordinate to the executive and the military. Pursuant to a 1999 law, a gradual transfer of administrative and financial control over the judiciary from the Department of Justice to the Supreme Court is to take place by 2004. However, judges are civil servants employed by the executive branch, which controls their assignments, pay, and promotion. Low salaries encourage widespread corruption, and judges are subject to considerable pressure from governmental authorities, who often exert influence over the outcome of cases.

A quadripartite judiciary of general, religious, military, and administrative courts exists below the Supreme Court. The right of appeal from a district court to a high court to the Supreme Court exists in all four systems. The Supreme Court does not consider factual aspects of a case, only the lower courts' application of the law. The Supreme Court theoretically is an equal branch in relation to the executive and legislative branches, and in November the MPR granted the Supreme Court the right of judicial review over laws passed by Parliament (see Section 3).

A panel of judges conducts trials at the district court level, which consists of posing questions, hearing evidence, deciding guilt or innocence, and assessing punishment. Initial judgments rarely are reversed in the appeals process, although sentences can be increased or reduced. Both the defense and the prosecution may appeal cases.

Defendants have the right to confront witnesses and to produce witnesses in their defense. An exception is allowed in cases in which distance or expense is deemed excessive for transporting witnesses to court; in such cases, sworn affidavits may be introduced. State prosecutors are reluctant to use existing legal powers to plea bargain with defendants or witnesses, or to grant witnesses immunity from prosecution. As a result, witnesses generally are unwilling to testify against the authorities. The courts commonly allow forced confessions and limit the presentation of defense evidence. Defendants do not have the right to remain silent and may be compelled to testify against themselves.

The Criminal Procedures Code gives defendants the right to an attorney from the time of arrest, but not during the prearrest investigative period, which may involve prolonged detention. Persons summoned to appear as witnesses in investigations do not have the right to legal assistance, even if information developed during testimony subsequently becomes the basis of an investigation of the witness. The law requires counsel to be appointed in capital punishment cases and those involving a prison sentence of 15 years or more. In cases involving potential sentences of 5 years or more, an attorney must be appointed if the defendant is indigent and requests counsel. In theory indigent defendants may obtain private legal assistance, such as that provided by the Indonesian Legal Aid Foundation. However, in practice defendants often are persuaded not to hire an attorney, or access to an attorney of their choice is impeded.

In many cases, procedural protections, including those against confessions coerced by the security forces or police, are inadequate to ensure a fair trial. Corruption is a common feature of the legal system, and the payment of bribes can influence prosecution, conviction, and sentencing in civil and criminal cases.

In October the review panel of the Supreme Court overturned the Court's own guilty verdict against former President Soeharto's son, Hutomo "Tommy" Mandala Putra, shortly after the killing of one of its justices. Police accused Tommy Soeharto of ordering the killing of the justice to influence the outcome of the trial. Legislators, the Attorney General, and legal reformers have expressed their disagreement with the review panel's decision in the case. However, in the absence of any law providing for the appeal of a review panel's decision, the decision to overturn the Court's guilty verdict likely would stand.

Despite the beginning of the transfer of administrative and financial control over the judiciary from the Department of Justice to the Supreme Court, there were few signs of judicial independence. The Courts continued to be used to take action against, or deny legal remedy to, political activists and government critics.

In November 2000, the DPR enacted a law establishing a permanent human rights court. The law creates four new district courts to adjudicate gross violations of human rights. The law requires that each of the five-member human rights courts include three human rights judges appointed to 5-year terms by the President upon nomination by the Supreme Court. Although cases are appealed to the standing High Court and Supreme Court, the law requires that those courts include three human rights judges on an ad hoc basis on the five-member panel when hearing human rights cases. The law provides for internationally recognized definitions of genocide, crimes against humanity, and command responsibility as core elements of gross human rights violations. However, it does not include war crimes as a gross violation. The law strengthens the powers of the Attorney General, who is the sole investigating and prosecuting authority in cases of gross human rights violations, and who is empowered to appoint ad hoc investigators and prosecutors. The law also empowers the Attorney General (as well as the courts) to detain suspects or defendants for multiple fixed periods in cases of gross human rights violations. However, the law requires the extension of any detention of alleged violations to be approved by the human rights court. For gross human rights violations that occurred before the enactment of the law, the law allows the President, with the recommendation of the DPR, to create an ad hoc bench within one of the new human rights courts to hear cases associated with a particular offense.

During 2000 victims of human rights violations sought for the first time to use the courts to obtain redress. In July 2000, the People's Democratic Party sued former President Soeharto and 13 other former senior officials for damages associated with the imprisonment of party leaders, the banning of the party, and the destruction of its property. The suit still was being heard at year's end. In addition in 2000, four members of the Agrarian Reform Consortium (KPA) sued the police in Jakarta for forcibly removing them from a peaceful demonstration and hunger strike that they were conducting inside the Parliament building in Jakarta. After being forcibly removed, they later were kidnaped and threatened by unknown persons (see Sections 1.b. and 4). A district court dismissed the suit, but an appeal to the High Court still was pending at year's end.

President Wahid released all remaining political prisoners from the Soeharto and Habibie eras in December 1999. A number of prisoners since have been convicted and are serving sentences on criminal charges such as subversion, defaming the Government and rebellion (see Section 1.d.).

f. Arbitrary Interference with Privacy, Family, Home or Correspondence

Judicial warrants for searches are required except for cases involving suspected subversion, economic crimes, and corruption; however, security agencies regularly made forced or surreptitious entries into homes and offices. Security forces also commonly engaged in surveillance of persons and residences and selective monitoring of local and international telephone calls without legal restraint.

The Government and the DPR discussed implementing the Law on Overcoming Dangerous situations, which the DPR approved in September 1999, but which the President never signed. The law would allow the military to conduct search and seizure operations for weapons during a declared state of emergency without a warrant but would require such searches be reported to the courts within 24 hours. In November 2000, the Cabinet decided to further postpone implementation of the law to permit additional discussion and possible amendments. In January the Government asked the Ministry of Defense and Ministry of Justice and Human Rights to revise the bill; however, the law had not been implemented by year's end.

Government security officials monitor the movements and activities of former members of the Indonesian Communist Party (PKI) and its front organizations, especially persons whom the Government believes were involved in the abortive 1965 coup. However, according to the Action Committee for the Release of Political Prisoners (KAP T/N), these persons and their relatives no longer are subjected to surveillance, required check-ins, periodic indoctrination, and restrictions on travel outside their city of residence. Former PKI members also no longer are required to have official permission to change their place of residence. The requirement that "E.T." ("Ex-Tapol" or political prisoner) be stamped on the identification cards of these prisoners was ended officially in 1995, although in practice it continued to be used in many cases. At least some individuals who had E.T. stamped on their identity cards were able to have the stamp removed. This stamp has been used by the Government to monitor the activities of these persons, allowing the Government and prospective employers to identify alleged former PKI members, thereby subjecting them to official and unofficial discrimination.

Under the government-sponsored transmigration program, large numbers of persons were moved voluntarily from overpopulated areas to more isolated and less developed areas (this program began during the Dutch colonial period and has been carried out more or less continuously since then). It also was used to resettle local populations within East Timor and Papua. However, the Government reduced its support after the economic downturn that began in mid-1997, and in December 2000, Minister of Manpower and Transmigration Alhilal Hamdi announced that the Government had stopped sending transmigrants between islands as of August 2000. He said that henceforth the Government only would support transmigration within the same province. Conditions at some relocation sites are life-threatening, with inadequate measures to protect the transmigrant population against diseases endemic to the sites. In June 2000, 68 transmigrant families left their camp in Bonggo subdistrict, Papua, because of poor living and agricultural conditions, disease, and inadequate support from the Government. They told the Legal Aid Society in Jayapura, where they took refuge, that 39 families at the site were suffering from severe malnutrition, and that lack of health care facilities contributed to a high disease and mortality rate. Transmigrants and migrants outside of the Government's transmigration program received direct and indirect government support in the form of developmental assistance programs and contracts with the TNI or local government officials. This practice, particularly in Papua and parts of Kalimantan, led to resentment among indigenous populations, whose members believed that their rights were infringed upon. Indigenous inhabitants also believed that they were being discriminated against with the disbursement of development funds to other newly arrived groups that they perceived to be their economic rivals (see Section 5). Allegedly this was a contributing factor in the June 25 and 26 attack on the Pontianak IDP camps (see Section 1.a).

The Government used its authority, and at times intimidation, to appropriate land for development projects, particularly in areas claimed by indigenous people, and often without fair compensation (see Section 5).

The Government restricts the import of Chinese-language publications (see Sections 2.a. and 5).

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and of the press, and the Government generally respects this right in practice; however, journalists continued to suffer intimidation and assaults in areas of unrest. The Constitution contains a general provision for freedom of expression that was strengthened by the MPR's amendment of the Constitution in August 2000, and the 1999 law on human rights provides for substantive protection of press freedom (see Section 1.d.); however, journalists continued to be intimidated and abused during the year. President Megawati revived the Ministry of Information, the institution that controlled media reporting through censorship during former President Soeharto's era. According to the Government, the reinstated Ministry's primary goal is to disseminate information to the public. There were no reports that the Ministry was responsible for restricting freedom of the press by year's end.

The Alliance of Indonesian Journalists (AJI) revealed that police had assaulted journalists 47 times during the first 4 months of the year. AJI stated that the threat of violence from police or even police summons for journalists to be witnesses, as well as threats from members of the public, compel journalists to practice self-censorship.

The Committee to Protect Journalists (CPJ) reported on the May 24 attack on six journalists in Central Java by the organization Laskar Diponegoro, which was composed of supporters of then-President Wahid. According to local and international sources, the perpetrators verbally and physically abused the journalists, who were reporting on a rally. One reporter, from the Jakarta-based daily newspaper Republika, suffered a concussion and was in the hospital for 5 days.

On August 28, the Maluku governor banned two newspapers, one Christian and one Muslim, accusing both of biased reporting and claiming that they threatened national security (see Section 2.b.). In North Maluku, the provincial government threatened to shut down operations of several local print media outlets for implicating the governor in corrupt practices and for biased reporting on ethno-religious conflicts. By year's end, the local police had taken no action.

During the year, the media often reported on corruption, political protests, national unrest, and the public debate between then-President Wahid and the DPR leading to Wahid's impeachment. Most major media are not hesitant to publish critical and balanced stories on sensitive problems or to criticize public figures. All print media are private. The press has been highly critical of both the GAM and the military in Aceh, reporting both sides of the conflict.

Since the Department of Information was abolished in 1999, most editors have believed that the Government no longer required a license to publish a newspaper or magazine because there no longer was a controlling body to receive reports. President Megawati revived the Ministry of Information, the institution that controlled media reporting through censorship during former President Soeharto's era. According to the Government, the reinstated Ministry's primary goal is to disseminate information to the public. There were no reports that the Ministry was responsible for restricting freedom of the press by year's end.

The Government operates a nationwide television network with 12 regional stations. Private commercial television networks, most with ownership by, or with management ties to, former President Soeharto's family, continued to flourish. All are required to broadcast government-produced news, but they also broadcast news and public affairs programming independently. Television networks increased their news coverage during the year, including extensive coverage of the DPR and MPR sessions.

In September 2000, the Film Censor Board (LSF) issued a circular to television stations stating that recorded talk shows that discuss social and political topics must be reviewed by the Board before they are broadcast. Media figures and legal experts claim that the circular had no legal standing because it conflicted with the 1999 Press Law, which forbids censorship of the press. Some observers called for the abolition of the LSF, which censors films for sex and violence, although there was no attempt at enforcement by the LSF.

As of October, 779 private radio broadcasting companies exist in addition to the Government's radio network. The Government radio station, Radio Republik Indonesia (RRI), produces the program "National News." Private radio stations and 53 regional government network affiliates relay the news programming throughout the country.

Regulations issued by the Government in 1998 reduced the number of compulsory government RRI programming broadcasts from 14 to 4 per day. While private radio stations in the provinces generally adhered to the Government's requirement, many private radio stations in larger urban areas broadcast the RRI program only once per day. The regulations allowed stations to produce their own news programs, and many have done so. Candid live coverage of demonstrations and other breaking stories increased markedly during the year. Moreover, "talk radio" call-in programs regularly address timely political and socioeconomic problems.

Foreign television and radio broadcasts are readily accessible. Satellite dishes and cable television networks have proliferated throughout the country, and there is unrestricted access to the Internet. The Government made no effort to restrict access to satellite programming and has proclaimed an "open skies" policy. Foreign periodicals circulate widely without censorship.

The Government restricts the import of Chinese-language publications and music (see Sections 1.f. and 5). There are seven locally published Chinese language newspapers. In November 2000, a new independent television station, Metro TV, began broadcasting 2 hours of news in Mandarin per day. The program was the first Chinese-language television broadcast in the country since 1965.

The Government regulates access to the country by visiting foreign correspondents, particularly to areas of unrest. It occasionally reminds resident foreign correspondents of its authority to deny requests for visa extensions. Special permission is necessary for foreign journalists to travel to Aceh and Papua; however, there are no reports that the Government enforced this regulation during the year.

The Government requires a permit for the import of foreign publications and videotapes, which must be reviewed by government censors. Customs forms require entrants into the country to declare possession of Chinese publications, although significant amounts of material bypass customs and censorship procedures.

Most books by the prominent novelist and former political prisoner Pramoedya Ananta Toer remain banned, although some are in circulation. The Government banned no additional books during the year; however, protests from Islamic groups prompted three publishers to remove books from bookstores. In May the Islamic Youth Movement (GPI), an Islamist organization, burned books on Karl Marx and threatened bookstores with the forcible removal of books dealing with communism. Media and human rights NGO's criticized the calls to withdraw the books from circulation as a violation of freedom of expression.

The 1999 law on crimes against the State (see Section 1.d.) prohibits persons from disseminating or developing the teachings of communism, or from seeking to eliminate or replace the state ideology of Pancasila in a way that causes harm to persons or property.

The security forces inconsistently enforced a no-tolerance policy against flying the Papuan or Acehnese flags until the Papua Autonomy Law, which allows the flying of the Papua flag as a cultural symbol, was signed into law in November. Security forces tore down and destroyed flags and flag poles, and in some cases beat or killed those attempting to raise or protect separatist flags. The Government pressed criminal charges of treason against Alex Manuputty, Secretary General of the FKM, after he refused to abide by a ban on FKM activities and hoisted the separatist South Maluku Republic (RMS) flag on April 24 in Ambon. Manuputty faces maximum penalties of 7 years for hostile intentions and 4 years for treason.

The GAM intimidated journalists in Aceh. Aceh's leading daily newspaper, Serambi Indonesia, closed for a month beginning on August 11 after harassment from the GAM. The GAM also kidnaped three television crew members for 3 weeks, claiming that their media coverage was biased (see Section 1.b.).

Editors of several Jakarta newspapers and major television stations said that they had received letters and telephone calls from extreme religious groups threatening physical violence for articles or editorials the group considered against their beliefs. The editors acknowledged that these threats from citizen groups have a chilling effect on how they report the news.

The law provides for academic freedom, and there are no significant constraints in practice on the activities of scholars. Political activity, open discussions, and blunt criticism of the Government at universities continued to flourish during the year.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly; however, the Government places significant controls on the exercise of this right in certain areas. There are no permit requirements for public social, cultural, religious, or scientific meetings, of five or more persons. However, organizers of political, union, and public policy meetings must notify the police (see Section 6.a.). In practice some public meetings were dispersed forcibly. On July 6, four alleged police intelligence officers interrupted an international NGO workshop in Manado, North Sulawesi. The officers demanded that facilitators provide proof of prior notification about the conference, a written explanation of course activities, and a list of the participants before allowing the workshop to continue.

The law on freedom of expression requires that demonstrators notify the police 3 days in advance and appoint someone accountable for every 100 demonstrators. The law restricts demonstrations near specific sites. Nevertheless, frequent demonstrations are held in Jakarta and around the country with or without official permission. The Government previously had invoked the law to detain and try demonstrators in Jakarta and elsewhere; however, no such trials occurred during the year. Participants in several demonstrations were killed and suffered injuries when security forces seeking to disperse crowds shot, beat, and kicked demonstrators (see Sections 1.a. and 1.c.). Ten thousand workers protesting the new severance pay decree in June threw stones, wood, and plastic bottles, injuring at least nine persons and damaging two hotels in Jakarta. Hundreds of pedicab drivers, using Molotov cocktails, machetes, steel bars, and stones, attacked 500 city public security officials, who were about to raid their illegal business in August. The drivers beat an official to death, two officials were injured, and the mob set fire to and stoned vehicles (see Section 1.a.). Muslim students in Makassar, South Sulawesi attacked non-Muslim students during two separate incidents on October 23 and 24, severely injuring six persons. The Muslims claimed to be retaliating against the burning of an effigy of Usama bin Laden in a predominantly Christian town. Hundreds of students from the Indonesian Muslim University (UMI) in Makassar destroyed property at the Japanese Consulate General and demanded the Consul lower the Japanese flag so it could be burned. The students were protesting U.S. military action in Afghanistan. Police broke up several peaceful demonstrations in Papua. In some instances, police broke up peaceful demonstrations in which Papuans raised the Papuan independence flag and, after demonstrators resisted, killed and injured many demonstrators (see Sections 1.a., 1.c., 2.a., and 5).

The vast majority of public gatherings and demonstrations, which have proliferated rapidly since President Soeharto's resignation, occurred without any official interference. A number of labor strikes throughout the year and demonstrations during the MPR Special Session to impeach Wahid took place without police or TNI intervention (see Sections 3 and 6.a.).

The Constitution provides for freedom of association; however, the Government places some controls on the exercise of this right. The Social Organizations Law (ORMAS) requires the adherence of all organizations, including recognized religions and associations, to the official ideology of Pancasila. This provision, limits political activity and prohibits groups from seeking to engage in democratic political competition, to make Indonesia an Islamic state, to revive communism, or to reintroduce partisan ideological division into the country.

The 1999 Law on Crimes Against the State (see Sections 1.d. and 2.a.) prohibits the formation of organizations that "are known to or are properly suspected" of embracing the teachings of Communism/Marxism/Leninism "in all its forms and manifestations." It empowers the Government to disband any organization that it believes to be acting against Pancasila, and it requires prior government approval before any organization may accept funds from foreign donors. The Communist party is banned; however, the requirement for prior government approval is ignored so widely as to be meaningless.

The Government announced late in 1995 its intention to relax a regulation requiring police approval for all meetings of five or more persons of all organizations outside offices or normal work sites. However, in practice this regulation continues to apply to union meetings (see Section 6.a.).

c. Freedom of Religion

The Constitution provides for religious freedom for members of officially recognized religions, and the Government generally respects this provisions in practice; however, there are some restrictions on certain types of religious activity and on unrecognized religions. The Constitution also requires the belief in one supreme God.

The law officially "embraces" five religions--Islam, Catholicism, Protestantism, Buddhism, and Hinduism; however, on June 1, the Government lifted its remaining ban on Jehovah's Witnesses, and in January 2000, President Abdurrahman Wahid lifted the ban on the practice of Confucianism that had existed since 1967. While only these religions are recognized officially, the law also states that other religions are not forbidden. The Government permits the practice of the mystical, traditional beliefs of "Aliran Kepercayaan." Some religious minorities, including the Baha'i and Rosicrucians, were given the freedom to organize in May 2000. The MPR adopted a Human Rights Charter that provides citizens the freedom to practice their religion without specifying any particular religion.

Jehovah's Witnesses had been banned from practicing their faith since 1976; however, the ban was lifted in June by presidential decree. The Government requires Jehovah's Witnesses to register with the Ministry of Religious Affairs, under the Directorate General of Protestantism. Unlike in previous years, members of Jehovah's Witnesses have not reported any incidents of harassment or any difficulties in conducting civil matters, and some local governments have issued permits to build places of worship.

A presidential decree promulgated in January 2000 repealed the ban on the practice of Chinese religion, its beliefs, and its customs. Confucianists are permitted to celebrate publicly the Chinese New Year. A Ministry of Interior circular issued in late March 2000 permits Confucianism to be listed as a religion on marriage license applications, allowing Confucian marriages to be recognized and registered officially in the country. However, not all communities have implemented the new guidelines.

Members of the Baha'i Faith generally did not report problems during the year. However, in May a crowd of Muslims reportedly expelled two Baha'i families living in a predominantly Muslim village in the Donggala District of Central Sulawesi.

The Government in some provinces has banned the messianic Islamic sect Darul Arqam; the Government also bans the Al-Ma'Unah school in some provinces. The Government attempts to monitor Islamic groups considered to be deviating from orthodox tenets, and in the past has dissolved some groups. Historically, the Government has attempted to control Muslim groups whose practices deviate from mainstream Islamic beliefs because of pressure by nongovernmental leaders of mainstream or conservative and traditional Muslim groups as well as the Government's concern for national unity. A proposal to implement Islamic law failed to gain MPR approval in August 2000.

The legal requirement to adhere to Pancasila extends to all religious and secular organizations. The first tenet of Pancasila is belief in one supreme God; however, individuals are not compelled to practice any particular faith. All citizens must be classified as members of one of the officially recognized religions and atheism is forbidden. As this choice must be noted on official documents, such as the identification card, failure to identify a religion can make it impossible to obtain such documents. The Government actively supports allowing Islamic law in Aceh, although it had not been implemented by year's end, and has dropped previous public opposition to groups who support it elsewhere. The Vice President in fact has publicly expressed support for Islamic law for Muslims in the whole country.

Religious violence and the lack of an effective government response to punish perpetrators and prevent further attacks led to allegations that officials were complicit in some of the incidents or, at a minimum, allowed them to occur with impunity. There were numerous instances of attacks on churches, mosques, temples, and other religious facilities during the year (see Sections 1.a. and 5). The most widespread interreligious violence occurred in Maluku province. Governor Latuconsina estimated that 164 houses of worship were damaged or destroyed between June 2000 and July 2001, and that thousands of persons were killed as a result of violence between Christians and Muslims. For example, in June, 20 civilians were killed in a firefight between security forces and Laskar Jihad members (see Section 1.a.). A bomb planted on a passenger ship exploded in the Bay of Ambon on December 11, killing 3 passengers and injuring 39 others. Soon after, several hundred Christian youths and Muslims fought as security forces stood by. On Seram Island in Maluku, hundreds of Christians converted to Islam in July to save their lives (see Section 5). The Government continued to be reluctant to intervene in mob attacks on houses of worship and proved ineffective in controlling the violence in Maluku province; however, governmental efforts to respond to communal violence in the provinces of North Maluku and Sulawesi generally were more effective (see Section 5).

In Maluku Christian sources alleged that elements of the security forces were biased against them. However, there was no evidence to suggest that the security forces, as an institution, supported either side. Some individuals and some units occasionally sided with their coreligionists, but their actions appeared to be random and contrary to orders. Some military troops were detained and interrogated for allegedly openly siding with militia in at least one episode on Haruku; however, there were no reports that such perpetrators ever were punished. Several hundred police officers have themselves been attacked and some killed because of their religion; hundreds of police members and their families, and numerous other government officials, are among the country's IDP's.

According to many Christian officials, the anti-Christian sentiment behind the violence in the Moluccas, Sulawesi, and elsewhere is not new, but the impunity associated with such acts has increased since the resignation of Soeharto in May 1998. In April local courts sentenced to death three Christian suspects who were found guilty of killing hundreds of Muslims and inciting religious hatred in Poso, Central Sulawesi, in May and June 2000. The Government did not investigate fully most cases of attacks on religious facilities that occurred during riots, and in other cases, did not investigate such incidents at all; however, the Government formed a special interagency team to investigate the December 24 bombings on Christian churches, and an NGO has formed a joint fact-finding team with the Government to investigate the Christmas Eve church bombings (see Sections 1.a., 1.c., and 5).

A regulation provides that before a house of worship may be built, consent must be obtained from local residents living near the site, and a license must be obtained from the regional office of the Department of Religion. Some Christians claim that this regulation is used to prevent them from building churches and rebuilding damaged religious facilities. Nonetheless, Christians continued to build churches during the year.

The law allows conversion between faiths, and such conversions do occur. Independent observers note that it is difficult to obtain official recognition for interfaith marriages between Muslims and non-Muslims. Persons who are not members of one of the five accepted religions also have difficulty in obtaining official recognition of their marriages.

The Government views proselytizing by recognized religions in areas heavily dominated by another recognized religion as potentially disruptive, and discourages it. Foreign missionary activities are relatively unimpeded, although in North Maluku, the provincial government requires missionaries to engage in strictly humanitarian work. In the first half of the year, the Government deported Australian missionaries who did not inform the regional government of their activities. In addition visas allowing the official entrance of new foreign clergy are difficult to obtain. Nonetheless, many foreign clergy come to the country. Laws and decrees from the 1970's limit the number of years that foreign missionaries may spend in the country, although some extensions were granted in remote areas like Papua. Foreign missionary work is subject to the funding stipulations of the Social Organizations Law (see Section 2.b.).

The Government does not target or use violence against converts to or from a particular religion; however, witnesses testified to human rights groups of multiple incidents in which active duty and retired military personnel stood by during the torture of Moluccan Christians who refused to convert.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The Constitution permits the Government to bar persons from either entering or departing the country, and the Government restricts freedom of movement to some extent. A September 20 press report indicated that 201 suspects were prevented from leaving the country by the Attorney General's office, and that 29 suspects similarly were barred from leaving by the Finance Ministry. A decree issued in July permits the Government to confiscate and revoke the passports of persons banned from travel outside of the country. The Government exercised this authority in September when it banned the travel of two businessmen suspected of involvement in a graft case. In 1999 according to Department of Justice information quoted in the press, the Government maintained a list of 3,665 foreigners who are barred from entering the country, and 417 citizens who are prohibited from leaving the country. Five prominent Papuan leaders who were barred from leaving the country in August 1999 (see Section 5) subsequently were allowed to travel abroad; however, some of them only were able to travel after foreign governments made high-level representations on their behalf.

The Government also restricts movement by citizens and foreigners into and within parts of the country. The 1999 Law on Overcoming Dangerous Situations (see Section 1.f.) allows the military to limit land, air, or sea traffic, to prohibit migration into and out of areas, to order relocation of persons outside areas, and to order house arrest in a declared state of emergency. Following demonstrations against the law, the Parliament sent the law to the Ministry of Justice and the Ministry of Defense for revisions. The law was passed during the year; however, it has yet not been implemented.

The State Intelligence Agency screens the proposed foreign staff members of non-Indonesian institutions that implement technical cooperation programs, including NGO's, before the State Secretariat approves the staffs' entry into the country (see Section 4). Foreign consultants and foreign assistance staff, particularly those working in sensitive parts of the country such as Aceh, Papua, and the Moluccas, must be cleared by the Intelligence Coordination Agency (BAKIN) before their assignments can be approved by the State Secretariat.

On June 23, 2000, then-President Wahid announced a ban on all travel to Maluku and North Maluku provinces; however, the ban was not enforced effectively. On June 26, 2000, the President declared a state of civil emergency for both provinces. The emergency decree, originally in place for 90 days, was extended indefinitely (see Sections 1.a., 1.c., 2.c., and 5).

The Government requires that individuals obtain permits to work in certain areas, primarily to limit further population movement to crowded cities; however, this requirement is universally ignored.

According to the Government, foreigners residing in the country for more than 3 months were required to register with the Immigration Office between August 10 and October 10 for census purposes. This reinforced the Foreigner Registration Law, under which violators may be subject to a maximum of 1 year in prison and a 500 fine (5 million rupiahs).

Although former political prisoners associated with the abortive 1965 coup no longer are officially required to carry the stamp "E.T." on their identity cards, in many cases, the stamps have not been eliminated in practice (see Section 1.f.).

Following the August 30, 1999 consultation vote in East Timor, there was credible evidence that, in a planned and orchestrated operation, the security forces and militia forcibly removed or compelled to flee a substantial percentage of the 250,000 East Timorese who departed the territory at that time. Over 190,000 of these IDP's have returned to East Timor, but during the first half of the year intimidation by East Timorese prointegration militia forces in the camps in West Timor continued to prevent many others from returning (see Sections 1.a. and 1.c.).

All international assistance to the IDP's in West Timor was suspended following the September 6, 2000, attack on UNHCR personnel in Atambua, in which three UNHCR workers were killed, and did not resume during the year (see Sections 1.a. and 4). The Government's failure to disarm and disband the militias created security conditions unfavorable to the resumption of international assistance. There is evidence that TNI elements have supported the militias with supplies and training, although such support apparently declined in 2000. In 2000 and during the year, the Government began to take steps to promote the voluntary and safe return of IDP's, for example, by agreeing to settle pension claims for some IDP's who requested repatriation, or resettlement in Indonesia. There is no evidence that the Government is returning forcibly or resettling East Timorese IDP's. The Government planned to end support to East Timorese IDP's in West Timor, and closed the refugee camps; however, this had not occurred by year's end.

According to a U.N. World Food Program report released in November, there were over 1,321,136 IDP's in Indonesia, up from slightly over a million in 2000. The largest number of IDP's were from the sectarian conflict in Maluku and North Maluku, although some Moluccan IDP's returned to their homes during the year. In Maluku province, there were 338,440 IDP's and 166,318 in North Maluku. There were 46,103 IDP's in North Sulawesi, almost entirely Christians from Maluku and North Maluku; 35,611 in Central Sulawesi (most displaced by sectarian fighting in the Poso area); and 246,904 in South and Northeast Sulawesi. Other IDP's from Maluku are located in Papua, which has a total of 16,870 IDP's. There were 48,585 IDP's in North Sumata and another 14,351 displaced within Aceh. There were 194,596 IDP's on the island of Java. In Kalimantan, there were 60,777 displaced Madurese. Other islands, including Bali, hosted smaller numbers of displaced persons.

The Government generally has encouraged and assisted foreign and domestic humanitarian aid to the Moluccas and Sulawesi (see Section 4). However, on occasion both Muslim and Christian groups have accused some foreign donors of partiality. The Government had not been particularly effective or helpful in promoting the voluntary and safe return or resettlement of the IDP's in these areas by year's end.

In East Java, there were no reports during the year of police forcibly evicting to other areas persons rumored to be practitioners of magic (see Sections 1.a. and 5).

During the year, indigenous Dayaks forced over 105,000 Madurese migrants to flee their homes in Central Kalimantan (see Sections 1.a. and 5). An estimated 40,000 Madurese who fled their homes during interethnic violence in 1999 remained in IDP camps in West Kalimantan and Madura (see Sections 1.a. and 5).

Throughout the year, thousands of rural Acehnese temporarily fled their villages and became IDP's. In some cases, IDP's were fleeing security forces that were patrolling the area or otherwise intimidating them (see Sections 1.a. and 1.c.). In other cases, armed separatists terrorized or coerced villagers into becoming IDP's, in part to create international attention and sympathy. In other cases, rural nonethnic Acehnese residents were targeted by armed separatist GAM members. In June the GAM conducted a series of attacks in Central Aceh against Javanese and Gayo residents, displacing thousands of persons.

Unrest in Papua caused numerous persons to leave their homes in Wasior district and other areas. Hundreds of persons fled security force search operations connected to the killing of five Brimob officers (see Section 1.a.). Approximately 300 Papuan refugees remain in camps in Papua New Guinea, afraid to return for fear of being targeted by security forces as militants. Forty-six families fled a Bonggo transmigration site during an exchange of fire between security forces and militant groups.

The law does not provide for the granting of asylum and/or refugee status in accordance with the 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol. The Government cooperates with the UNHCR, which maintains a regional office in Jakarta. As of December 31, the UNHCR had registered 2,835 asylum seekers and refugees. Of this number, 1,459 were Iraqis, 1,035 were Afghans, 174 were Iranians, and 167 other nationalities. The Government has not formulated a policy regarding asylum; however, there were no reports of the forced return of persons to a country where they feared persecution. 

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

In 1999 citizens for the first time successfully changed their government through an open, transparent democratic process, following decades of authoritarian rule. The People's Consultative Assembly (MPR) meets every 5 years in a "General Session" to elect the President and Vice President in separate secret ballots and to establish the "Broad Guidelines of State Policy" (GBHN), which is intended to serve as a policy plan for the Government.

In July the MPR met to convene an "Extraordinary Session" to require then-President Wahid to account for his performance in office. Claiming the charges politically were motivated, Wahid refused to appear, instead issuing a directive to "freeze" the MPR, the House of Representatives, DPR, and the Golkar party, and to hold new elections, exceeding his authority under the Constitution. The military and police refused to implement the directive, and on July 23, the MPR cancelled Wahid's mandate and Vice President Megawati Soekarnoputri replaced Wahid as President provided by law.

The 695-member MPR consists of the 500 Members of the DPR, 130 regional representatives, who are elected by provincial legislatures, and 65 appointed representatives from functional and societal groups. The June 7, 1999 general election, in which 48 political parties participated, was monitored by domestic and international observers and was widely considered open, fair, and free. In October 1999, the newly installed MPR chose Abdurrahman Wahid as President and Megawati Soekarnoputri as Vice President in a transparent process, which was broadcast live on national television. The next round of general and presidential/vice presidential elections is scheduled for 2004.

Reportedly, the military's significant historical and sociopolitical role, is being phased out gradually. Although the police and military are separated, the 2 institutions continue jointly to hold 38 unelected seats in the DPR and 10 percent of the seats in provincial and district parliaments, in partial compensation for not being permitted to vote. In addition to these appointed legislative positions, active-duty military and police officers also may run for election to government office but, in a significant departure from past practice, are expected to retire (except those appointed to legislative bodies) after they are elected; however, retired officers often retain strong ties to their former institutions, and occupy important positions at all levels of government. The military and police have agreed to relinquish their appointed seats in the DPR and regional legislatures by 2004, but an MPR decree passed in August 2000 allows them to retain seats in the MPR until "not later than" 2009. In an apparent effort to decrease demands for an immediate end to their legislative positions, military and police legislators generally have sought to limit their involvement in matters deemed not to affect their core interests.

The legislative branch, which had no independence during the Soeharto era, has moved forcefully to establish its independence from the executive branch. A number of constitutional changes, MPR decrees, and legal changes have enhanced legislative branch authorities, raising some concerns that the balance of power may have shifted too far from the executive branch. However, during its November session, the MPR amended the constitution to provide for direct presidential and vice presidential elections, a bicameral legislation with a regional representative's chamber, and a constitutional court with the power of review of the legislation. The MPR was to decide its precise future role and transitional arrangements through further constitutional changes to be considered in 2002. The legislative branch has demonstrated its independence through the DPR's aggressive pursuit of its government oversight function, as well as the MPR's success in first forcing President Wahid to cede more authority over daily government management to Vice President Megawati because of perceived inefficiency and inconsistency in the Wahid Administration's implementation of policy. Through the first half of the year, the DPR's legislative record reflect