UNHCR Malaysia

Preparatory Committee of The Free Acheh Democratic

Secretariats:
New York, United States, tel/fax +1 718 3378843
Stockholm, Scandinavia tel + 46 739 756532
E-mail: committee@freeacheh.info
Website: http://www.freeacheh.info

Mr. Volker Turk
The Representative of UNHCR
(United Nations High Commissioner for Refugees)
Liaison Office Kuala Lumpur, Malaysia
E-mail: mlsu@unhcr.ch
Fax. 60.3.21411780

Dear Sir,
We are writing to express our deep concern about the new policy of UNHCR toward
Achehnese refugees in Malaysia. Based on your special information kit
“Information For UNHCR Card-Holder From Acheh Province”, dated 31 October
2006, we have learned that your Office will no longer provide protection for
Achenese refugees in Malaysia due to the current situation and the changing
political atmosphere in Acheh today.

We of the Preparatory Committee of the Free Acheh Democratic (the Committee)
recognize that the present situation in our homeland is relatively calm; there
is no more armed clashes between GAM’s National Army (TNA) and the Indonesian
National Army (TNI); and the conflict between the two warring parties has
seemingly ended. This is largely due to the developments after the tsunami that
shattered Acheh on 26 December 2004, which led to the signing of the peace
agreement in August 2005 in Helsinki.

Although relative calm and peace has prevailed in Acheh thus far, one must also
recognize that the current situation is by no means a sign that conflict has
ended. Humanitarian assistance and peace monitoring are needed for the
peace-building process, and there are some glaring gaps in the transition
process. The information provided for UNHCR by International Organization for
Migration (IOM), Acheh Monitoring Mission (AMM) and others do not necessarily
give a full version of the truth on the ground. The Committee is still concerned
about a number of critical issues that have not been handled well and, in some
cases, even deliberately dismissed, such as the flaws of the law for governing
Acheh (LOGA), gross human rights violations, security problems, reintegration
and reconciliation – just to name a few.

With regard to past violations of human rights, the former warring parties which
are the perpetrators themselves have managed to escape justice in the eyes of
the Crisis Management Initiative (CMI), AMM and other peace monitors in Acheh.
The perpetrators of gross human rights abuses and countless crimes against
humanity during three decades of conflict have not yet been held accountable.
This is in a very stark contrast to other peace efforts done in other parts of
the world such as in former Yugoslavia, Burundi-Rwanda, Cosovo-Albania, West
Africa, Congo-Kinshasa etc, where all those responsible for humanitarian crimes
have been brought to justice.

Referring to the law for governing Acheh, it is obvious that most Achehnese are
disappointed with the final version adopted by the national parliament in
Jakarta. On the occasion of the first anniversary of the MoU, thousands of
Achehnese congregated in the capital of Banda Acheh to express their
disappointment with the outcome of the LOGA as it is clearly incompatible with
the spirit of the agreement. Indonesian security forces which had been
responsible for many past abuses during the conflict are still at large in Acheh
today. Despite the end of the conflict, the security forces – police and
military – have not yet adjusted themselves to the post-conflict atmosphere.
Thus, this was proven with a number of incidents that TNI and police involved in
arbitrary killings such as the Paya Bakong incident in July, the incident of
Peudawa in March 2006, and an incident in Banda Acheh in November 25 (where a
man was tortured to death by the police). These incidents took place even where
the AMM was in present in Acheh, yet they were unable to conduct a proper and
conclusive investigation.

The Committee is concerned that the AMM’s unfulfilled task to prevail justice
over impunity and the strong dissatisfaction among the Achehnese could lead to
instability and might cause the conflict to flare up again.

Against the backdrop of the situation above and in accordance with the statute
of UNHCR itself, the Achehnese in Malaysia have every right to fear for their
uncertain future in Acheh; they have the right to fear being persecuted for
“membership of a particular social group or political opinion”; and they
have even the right to fear for not giving “option to return home voluntarily,
integrate locally or to resettle in a third country.”

There are Achehnese in Malaysia who have found themselves at odds with the MoU
process. Despite the fact that the reconciliation between GAM and Indonesia is
taking place, there is no reconciliation yet between the hostile Achehnese
groups that have existed since the conflict began. These groups still do not
feel safe being in Acheh at this moment and they do not even believe that the
current peace process will be sustainable despite all the fanfare. Therefore
under the principle of Non-refoulement in the 1951 Convention and 1967 Protocol,
the Achenese refugees in Malaysia have every right to remain as refugees so long
as the situation in Acheh has no positive guarantee for the protection from
prosecution and intimidation of their political rights and national identity.

UNHCR’s decision to collectively “punish” Achenese refugees in Malaysia by
refusing to renew their documents, is leaving them defenceless and with no
option. Worse still, the said decision could be used by the Malaysian
authorities as a carte-blanche to crackdown on the refugees. This is unfair and
even in breach of the mandate and statute of the UNHCR itself.

The Committee, therefore, appeals to your Office to review the Achehnese case
individually, not collectively, and give them a freedom to choose weather they
want to return home voluntarily or need international protection due to the
above reasons.

We thank you for your consideration of these urgent matters.

New York, December 04, 2006
Yours Sincerely,

(signed)
Eddy L Suheri
Spokesperson