A group of rural people from Aceh had filed civil cases in 2001 and 2007 against Exxon Mobil Corporation, the US company which operates the big natural gas extraction and processing facilities in Aceh province in 2000 and 2001, Campaigner of Indonesia & Timor-Leste, Amnesty International Secretariat, Josef Roy Benedict, told ANTARA`s London correspondent on Thursday.
Josef Roy Benedict said they claimed that Exxon Mobil is responsible for the involvement in the alleged violation of human rights by Indonesian troops who were supposed to protect the property and operations of the company.
In the first and second verdicts on July 8, 2011, the US court of appeals stated that Exxon Mobil did not have the company`s immunity against the claim made by 15 Indonesians under the ATS.
The decision to send a signal to the Indonesian government to do more to make sure of the truth and justice for the past human rights violations in Aceh.
There were no suspects brought before the court for one of the thousands of cases of human rights violations including torture, believed to have taken place between 1989 and 1998 when the province was a Military Operation Area (DOM).
Aceh province faced rebellion for tens of years including human rights violation and lack of development, which ended after the peace agreement of August 2005, while the Indonesian government and the armed pro-freedom movement (Free Aceh Movement/GAM) was signed.
Law no 2006 on the Aceh administration on the formation of a human rights court on the formation of the Truth and Reconciliation Commission (KKR) Aceh branch. The two government institutions have not been set up until today.
Amnesty International called on the Indonesian government to immediately form a human rights court and make sure that a Truth and Reconciliation Commission is set up and functions according to the international law and standards, like contained in the report of Amnesty International, truth, justice, and reparation: forming an effective commission of truth.
The government must also make sure of the responsibility of violators of human rights in the past including torture in Aceh. This includes cooperation in connection with the litigation process on the case filed in the US.
Amnesty International knows only two examples, in Indonesia, on the case involving human rights violations in Aceh between 1998 and May 2003 had been verified and produced a trial. Only several human rights violation cases had been handled during the military emergency period and the following civil administration (May 2003-August 2005).
Amnesty International praised the decision of the US court of appeals that the company was not immune from its obligations under the ATS for the despicable treatment by the perpetrators violating international law.
The victims of the human rights violations in which the multinational company was also involved, must have unlimited access to the court, and the countries need to take measures to eradicate the obstacles to the access of the victims.
Like this case shows, access to the court of the country of origin (place where the company has its domicile or was registered) has often become the only realistic way to claim the victims of human rights violations by the company need to be listened to and reached all kinds of reparations.
The decision of the court of appeals which make possible a claim to be continued in the US, giving an important opportunity for charges made against Exxon Mobil to be examined by the court.
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Editor: Bambang
Copyright © ANTARA 2011
