Petition to The Netherlands Government

KOMITE UTANG KEHORMATAN BELANDA
(Committee of Dutch Honorary Debts)
Sekretariat: Jl. Wahyu No. 2 B, Jakarta 12420
Tel./Fax: (+62) - 021 – 7590 1884. Email: batara44rh@yahoo.com
Weblog://indonesiadutch.blogspot.com
____________________________________________________________
Translation.

PETITION

Jakarta, August 15, 2008

To :
H.E. Prime Minister of The Netherlands
Mr. Dr. Jan Peter Balkenende
The Hague
The Netherlands

Dear Sir,

War crimes, crimes against humanity and violation of human rights are matters that sensitive to any nations. And we do appreciate your persistence in pursuing justice for a Dutch journalist, Mr. Sander Robert Thoenes, who was killed in Becora, Dili, East Timor, on September 21, 1999.

In the meeting with President of Indonesia Mr. Susilo Bambang Yudhoyono on April 8, 2006; beside mentioning the progress of Munir’s case, you had made inquiry on the investigation of Sander Thoenes’ case.

Prior to the meeting, on September 2, 2002, during the World Summit on Sustainable Development, August 26 – September 4, 2002, in Johannesburg, South Africa; you had also met President of Republic Indonesia Mdm. Megawati Soekarnuputri on the same quest of Mr. Sander Thoenes’ death; and to Radio Nederland (news in Radio Nederland Wereldomroep, September 3, 2002), you stated that as Prime Minister of The Netherlands, you: “have emphasized to President Megawati, that this case is very sensitive to the Nederland. And both parliament and the people are anxious about the progress of law enforcement in Indonesia”

The Dutch nation do not have faith in Indonesian law system and insist on International Tribunal for the war crimes committed by Indonesian soldiers in East Timor. But what about the Dutch law enforcement system on 1952 which exonerated Westerling – a man responsible of the massacre of tens of thousands peoples. None of the perpetrators of the mass killings during Dutch military agression in Indonesia are subject to law enforcement.

We do agree to the requested establishment of International Tribunal, however, we expect the Dutch government do not turn a blind eye to other similar cases. Echoing your quest, we demand that cases of war crimes, crimes against humanity and violation of human rights conducted by Dutch military during Dutch military agression in Indonesia 1946-1950, which include the mass killings in South Sulawesi, the massacre in Rawagede, the massacre in Kranggan (Temanggung), Bondowoso death train (Lijkentrein), and many other cases. We also demand the establishment of Ad Hoc International Tribunal in The Hague, which complies to Statuta Roma, which also base of International Criminal Court in The Hague.

The Dutch Government in 2000 has appointed Professor Peter Drooglever to conduct research on People’s Act of Free Choice in West Papua which occured in 1969. After conducting research for 5 years, on November 15, 2005, Professor Drooglever published a book with more than 700 pages, under title of “Daad van Vrije Keuze, de Papuans van Westelijk Nieuw Guinea, en de grenzen van het Zelfbeschichtings recht”, which declare that Act of Free Choice is a history of deception.

The people of Indonesia deserve to know the reasons of Dutch Government, why after 30 years the Dutch Government still questioning this matter, on the fact that this is no solution to West Papua problems; but on the contrary, the situation in Indonesia in accordance to peace in West Papua have been worsened.

In our opinion, the Dutch Government is still holding on to the result of the Roundtable Conference (Konferensi Meja Bundar, or KMB), which is the hand over of the sovereignty (soevereniteitsoverdracht) to Federal Republic of Indonesia (Republik Indonesia Serikat, or RIS) on December 27, 1949, the date which insisted by Nederland Government as de iure of Indonesian Independence. And West Papua (Irian) is not included in RIS. Therefore, The netherlands Goverment must acknowledge the sovereignty of The Unitary Republic of Indonesia (Negara Kesatuan Republik Indonesia - NKRI) is based on proclamation date of August 17, 1945!

We also reject the opinion which generalize the incident in Putten village in The Netherlands with experiences of the people of Rawagede, West Java. In Putten, the incident involved retaliation of German soldiers on the killing of a German officer and the kidnapping of another officer in Putten village on September 30, 1944; which followed by raids on October 1-2, 1944 in which 601 male residents were deported to German concentration camp in Neuengamme. After World War II was over, only 48 people survived and returned to their village.

What happened in Rawagede village on December 9, 1947, one day after the commencement of peace negotiation between Indonesia and The Netherlands on board of USS Renville, was a mass killings of all male residents above 15 years of age, a method which practiced by Westerling in South Sulawesi massacre – which is on-site execution (standrechtelijke excecuties). On the fateful day, the Dutch soldiers massacred 431 people of Rawagede. The small farmer village have become a village of widows and orphans.

None of the perpetrators of South Sulawesi mass killings, Rawagede massacre, Bondowoso death train and other similar cases, are to face martial court as accountability to war crimes and crimes against humanity.

The Dutch Government have also declined to apologize and take responsibility on war crimes, crimes against humanity as well as violation of human rights which done by Dutch armies during its military agression in Indonesia, after the people of Indonesia declared independency on August 17, 1945.

When two nations agree to conduct diplomatic relationship, it is rational that both nations should respect and acknowledge each other. If one of the nations refuses to appreciate and denies the sovereignty of the other, diplomatic relationship should be considered as futile.

There are several things in which the Dutch denies Indonesia as equal partner, in example: visiting permit. When the citizens of The Netherlands come to visit Indonesia, they will be granted Visa-on-Arrival; while on the other hand it is very difficult for Indonesian citizen to obtain visa to visit The Netherlands.

In accordance to these facts, the Committe of Dutch Honorary Debts is persistent in demanding The Netherlands Government to :

I. Apologize to the people of Indonesia on colonialism, slavery, violation of human rights and crimes against humanity.
II. Offer compensation to the family of victims of the atrocities by Dutch armies during Dutch military agression in Indonesia in 1945-1950.
III. Acknowledge Juridically (de iure) the independence of Republic of Indonesia was August 17, 1945.


Thank you for your attention.

Sincerely,

(Signed)
Batara R. Hutagalung
Chairman


(Signed)
Dian Purwanto
Secretary


Cc to :
1. H.E. President of Republic of Indonesia
2. H.E. Minister of Foreign Affairs
3. H.E. Speakers of House of Representatives/People ConsultativeAssemby of Republic Indonesia
4. H.E. Secretary General of United Nations
5. All foreign Ambassadors in Jakarta