Australians warmly welcomed
the election victory of President Joko Widodo. It seemed to portend a vibrant
new chapter in the bilateral relationship and to present an opportunity to move
beyond the difficulties experienced in recent times. Those difficulties have
been most visibly manifest over the issue of beef, boats and spies – that is,
the abrupt and unhelpful cessation of the live cattle trade from Australia
(since resumed), the relentless approach to stopping people smugglers sending
refugee-laden decrepit boats to Australia (since stopped) and Edward Snowden’s
stories of espionage (since addressed by a joint declaration).
Australian short-sighted and sometimes hypocritical approach to
relations with Indonesia has set a poor tone for bilateral relations and left
little room in Indonesia for sympathy towards Australia.
Despite
these hiccups in the relationship, Australian officials have long recognised
the importance of being respectful and deferential towards Indonesia, its most
important neighbour, as well as the importance of effective collaboration with
Indonesian authorities across a range of areas. That collaboration is for the
mutual benefit of both countries and for many years Australia has quietly but
effectively collaborated with a range of Indonesian government agencies in
support of the interests of both countries. Diplomatic collaboration has
included partnership in ending the war in Cambodia, cooperating to bring about
the APEC leaders meetings, the Bali process to counter people smuggling and
terrorist financing and shared membership of MIKTA grouping within the G20.
Successive
Indonesian governments have recognised that mutual benefit and worked closely
with Australian counterparts. This has been helped by the tone set from the
top. Former President Susilo Bambang Yudhoyono knew Australia well and
recognised that beneath the informal and sometimes abrupt style of his
Australian counterparts, lay a genuine warmth towards Indonesia, stretching
back to support for Indonesian independence after World War II.
In the
face of droughts, floods, tsunamis and terrorist attacks, Australians have
repeatedly responded with goodwill and generosity. But SBY recognised also the
limits to what a democratically elected Australian Government was able to
achieve. He knew that Australians have reacted negatively against excesses in
the past. He had an appreciation for the importance of strong and constructive
bilateral ties with Australia and the pitfalls that can derail relations. One
wonders if his successor, Jokowi, has the same appreciation. A willingness to
consider clemency may well demonstrate that same astuteness.
Today,
two Australian citizens, Andrew Chan and Myuran Sukumaran, face imminent
execution by firing squad. The Indonesian foreign minister is right to declare
that this is an internal matter of law and order and is for the Indonesian
justice system to deal with. But in this case the issue is now much more than
that, with legal, social, strategic and wider international ramifications that
are closely connected.
Legally,
there are important provisions which should constrain Indonesia’s desire to
apply the death penalty. The 1966 International Covenant on Civil and Political
Rights, to which Indonesia is a party, stipulates the sentence of death may be
imposed only for ‘the most serious crimes’. It is widely considered that drug
trafficking does not fit into this category. Jokowi recognises this in
principle by appealing for leniency for Indonesian citizens facing the death
penalty abroad. But not so for those not fated to be Indonesian citizens yet
jailed in Indonesia.
Socially,
the two Australians sentenced to death have made considerable efforts to reform
and make amends for their crimes and have sought to reinvent their lives and to
make a positive contribution to those around them.
The
combination of legal and social aspects have generated a strong reaction in
Australia, with potentially significant strategic ramifications. All living
current and former Australian prime ministers have appealed for the death
sentence to be averted. A majority of parliamentarians have joined in appeals
for clemency. These statements are symptomatic of a growing groundswell of
concern and disappointment in Australia that Indonesia does not listen to its
neighbour and does not seem to care.
Australian
Prime Minister Tony Abbott, in his own clumsy way, sought to remind that
Australia provided significant financial and material aid following the Tsunami
that struck Aceh a decade ago. His manner may have irritated officials in
Jakarta, but he did this to bring to Jokowi’s attention the gravity of the
situation, not to gloat.
Australia
is eager to foster closer ties and recognises it has little if any leverage
over Indonesia; yet when it helps, its support is meaningful and significant.
But what appears a minor issue to Indonesians is, in Australian eyes, becoming
a defining moment in the bilateral relationship.
Proceeding
with the executions may limit Australia’s future policy options for engaging
with Indonesia. Feeding strong and hostile sentiments is not in the interests
of either country, but the Australian people likely will demand that their
government do something. This does not need to be the case.
From
Jakarta, this might seem a bit overblown and worthy of dismissal. Indonesian
officials recognise that stable and constructive relations with Australia are
in the interests of both countries. They also recognise that in a vibrant and
sometimes turbulent democracy like Australia’s, a prime minister cannot ignore
a strong popular groundswell in reaction to issues that happen in the region.
Abbott is no exception.
Perhaps
Jokowi can prove to be the more mature leader, recognising that despite
Australian clumsiness and apparent tactlessness, it serves Indonesia to be
conciliatory in this instance. A considered second look at the matter would
demonstrate to Indonesians and the world that Jokowi is not only tough on
crime, but also is a man of compassion; that he is responsive to reasonable
overtures, and strategically savvy, recognising the utility of seeking to
enhance not undermine bilateral relations with Australia. Jokowi is president
of a proud sovereign and independent and much larger nation, so he can chose to
ignore such appeals.
Despite
their differences both countries need to get along. Indeed, they are both
greater when collaborating than when arguing. Indonesia, for instance, faces a
range of diplomatic and domestic challenges on which Australia could be a
willing and creative partner. Clemency would not only demonstrate Jokowi’s recognition
of there being a path of restoration, but would be an astute strategic move,
demonstrating how a great leader rises above emotional responses to calm public
passions and help bolster ties.
Dr John Blaxland is a Senior Fellow at the
Strategic and Defence Studies Centre at the Australian National University.
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