European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Republic of Indonesia) Order 2010

We too welcome this partnership agreement with Indonesia. As the Minister pointed out, it is the largest Muslim country, and this agreement is the first with an ASEAN country so it is very welcome. However—he would expect there to be some howevers in such a comprehensive agreement—there are obviously concerns. First, it is undoubtedly true that Indonesia has made significant progress since 1998 in terms of democratic freedoms and human rights. Multi-party democracy is now established and is increasingly becoming entrenched throughout the country, which is no mean feat given the size of the population and the very different traditions evident there. Nevertheless, the agreement—particularly Article 26—is very weak in terms of human rights. It tries to encompass all the European Union’s interests in that area in 56 words—Article 27, on environment and natural resources, runs to a couple of hundred words; I did not have time to record quite how long it was—words that are at best dressed up as hopeful sentiments. Its second paragraph states that: "““Such cooperation may include … supporting the implementation of the Indonesian National Plan of Action of Human Rights … human rights promotion and education””," and so on. Those 56 words go on to say: "““The Parties agree that a dialogue between them on this matter would be beneficial””." This is extremely weak and almost inadequate if it is to be a blueprint for how we approach partnership agreements with other countries, particularly in the Muslim world where there are significant concerns about human rights norms. If this is the first such measure, I dread to think what might happen as we proceed with countries with worse records. Most human rights organisations agree that abuses by security forces have been especially severe in Aceh and Papua. Freedom House recommends that the two most important steps the Government can take to improve civil liberties are keeping the peace process on track in Aceh and engaging in serious dialogue with local leaders in Papua. The Minister will recall that he was asked to deal with some of these questions only last Thursday, 16 December, as recorded at cols. 726 and 727 of Hansard. He was asked about the inability of foreign journalists to travel in these areas and the lack of any transparent, open media coverage of these conflict situations, despite our having raised these issues at the highest level. This raises suspicions that things may be worse than we might imagine. When asked to say what was the response of the Indonesia Government to the Deputy Prime Minister and the ambassador raising these issues, he replied: "““Not in detail, except that they recognised we have these concerns””.—[Official Report, 16/12/2010; col. 727.]" Given that we are just one of 26 EU countries that have these concerns and were involved in the lead-up to this partnership agreement being agreed on 9 November, and that these ongoing situations constitute extremely severe and serious conflicts with significant loss of life, I should have thought that the EU would be able to take on board that we have rather graver concerns than those set out in Article 26. Women’s rights are also of considerable concern to us. We understand that at some levels Islamic law is incompatible with civil law and that gender equality is still a long way from being achieved. Therefore, it is not only a matter of our exhorting Indonesia to do better but of using the leverage that we had at the point of signing this agreement to achieve something. Naturally, the agreement is set and we will move forward, but I echo the sentiments of the noble Lord opposite that the proof of the pudding will be in the implementation. A joint committee meeting every two years to discuss articles as weak as the ones that I have described will not create the environment whereby we might achieve great advances in these areas. Finally, Article 44 on resolving differences allows for a party to opt out, "““except in cases of special urgency””." Given that we are discussing a country that, even after it embraced democracy, has a record of imposing a state of emergency, it does not instil confidence in one to think that these cases of special urgency will be exceptional. Clearly, we can expect that they would be exceptional in a conflict situation but I hope that, as we go forward with this agreement, we will make representations to the Indonesians that we expect them almost never to be invoked.