West Papua's Independent Human Rights Media

Archive for February, 2012

Monitoring of the trial of Forkorus and colleagues

This briefly covers the monitoring of four of the most recent hearings of the trial of Forkorus Yaboisembet and his four colleagues who are facing the charge of subversion – makar – in relation to their attendance at the Papuan Peace Conference 16 – 19 October and the subsequent declaration by Forkorus of the establishment of the Federal Republic of West Papua.Monday 6 February 2012

At this hearing when the defendant’s demurrer was submitted, security forces were out in force along the roads leading to the courthouse and related offices. Armed troops from the police, Brimob and the army were present alongside the courthouse.

The identities of all those wishing to enter the court were checked
.
Solidarity groups held a demonstration with banners declaring support for the Federal Republic of West Papua and waving the Morning Star flag.

Friday, February 10.

Guarding by the security forces from the police and the army continued to be heavy, while all those wishing to attend had their identities checked. Many of those who turned up had to remain outside because the court was already full.

The army and Brimob in nine Brimob trucks were present causing the atmosphere to be very tense.   Army troops bearing weapons set up their own tents  on both sides of the  courthouse while a Brimob unit was stationed on the right of the courthouse. Members of PETAPA (a solidarity group)were also present.

Hearing on Friday 17 February.

Witnesses for the prosecution were expected to give testimony but none of them appeared, as a result of which the prosecutor only presented material evidence.

The hearing was due to commence at 9am but was delayed because one of the defendants, Dominkus Sorabut, was unwell and was taken to hospital by members of the legal team. His condition was said to be not very serious and he was provided with medication. In the afternoon, the defendants returned to the court and the hearing to hear witnesses for the  prosecution was resumed; however, again the witnesses did not appear while 64 items of material evidence were produced and read out at great length by the prosecutor.

Gustaf Kawer, a lawyer for the defendants, objected  to the presentation of material evidence as this was intended to be a hearing to hear witnesses, but the panel of judges nevertheless decided to proceed. The hearing grew tense when Forkorus and his colleagues protested, saying that there was no need for the hearing to continue.

The area outside the courthourse was again packed with members of the security forces.

Hearing on 21 February

Guarding by security forces was even heavier all round the courthouse The reason for the high presence of police officers was that most of the witnesses due to appear were members of the police force. Some of the police were in uniform while others were in plain clothes. Inside the court, the witnesses who testified said either that they knew nothing about the declaration that had been read out by Forkorus or said that they could not remember. They also told the court that they did not know any of the defendants.

One of the witnesses was Alfons Rumbekwan, the secretary of the Majelis Rakyat Papua, but defence lawyer Gustaf Kawar objected to this witness giving testimony because he was an indigenous Papuan and also because of his membership of the Majelis Rakyat Papua.

This hearing was also held to  hear testimony from ordinary Papuans. Five of these witnesses were expected to appear but only one of them appeared. This was Elieser Awom, a 67-year-old Papuan and former political prisoner. He gave evidence regarding the Papuan Peace conference and spoke about the  attack on participants at the conference and the killing of several of the participants. Elieser Awom had himself been arrested and said that he had been tortured by police officers.

Before the hearing concluded Forkorus protested against the prosecutor and the judges, accusing them of using various pretexts  [against the defendants].

On this occasion also, the prosecutor announced that following the hearing on 21 February, they had reported a number of the police officers present at the hearing because of unacceptable behaviour. This announcement was met with disbelief by the defence team because that session had proceeded quite smoothly.

After the members of the defence team returned home, they were told that there were reports that they were likely to be summoned by  the police in order to face charges. If this were to happen, it would been seen as part of a strategy by the prosecutor and the judges to exert pressure on the defence lawyers ahead of the final verdict by the judges.

Meanwhile, at a press conference held by the defendants, they said that they rejected all the statements made by witnesses at the hearing on 21 February as well as at the subsequent hearing.

The next hearing is scheduled to take place on 24 February.


Witness testimonies at Papuan treason trial

The sixth hearing of the trial of Forkorus Yaboisembet and his four colleagues took place on 21 February at which seven witnesses for the prosecution were called to give evidence. According to the executive-director of the LB3PH, Yan Christian Warinussy, six of the seven of the witnesses were members of the police force who  had been involved in the attack against the Third Papuan Peace Conference (KRP-III) on the third day of the event, 19 October 2011.Six of these witnesses were unable to answer questions from the chief prosecutor regarding the declaration that was allegedly read out at the end of the  conference nor could they say whether the five defendants had been involved in a criminal conspiracy to set up the Federal Republic of West Papua.One of the witnesses who had been summoned was Drs Alfons Rumbekwan, a member of the Majelis Rakyat Papua. Speaking for the defence team, Olga Helena  Hamadi said that this person should not testify at the trial because the majelis of which he is a member is the cultural body of the indigenous Papuan people. Since the trial was related to the political aspirations of the Papuan people, his appearance might cause a conflict between the MRP and the Papuan people. It was agreed that Drs Rumbekwan  would not be called to give testimony.

According to a lengthy report of the hearing in Bintang Papua, the police witnesses appeared not to know the defendants and were unaware of the declaration by Forkorus calling for the re-establishment of the Federal Republic of West Papua.

According to Bintang Papua, for example, the first witness, Lambertus Limbong Sattu, a member of the Jayapura City police force who reportedly told the hearing that he did not know the identity of one of the accused, Agustinus Sananay Kraar, when he pulled him into the police vehicle but only knew his name after they reached police headquarters. He told the court that he had not seen the document proclaiming the establishment of the Federal Republic of West Papua but confirmed that there was a banner  on which were inscribed with the words: ‘Let Us Affirm the Basic Rights of the Papuan Indigenous People, Today and in the Future’.

The second witness, Aamet Mahu told the court that he was in the vicinity of the venue of the KRP-III  on 19 October 2011 and was there on orders to handle security of the conference.

The defence team of the five defendants said that all the testimony given on that day in court was in way related to the charges in the indictment.


Rallies reject Indonesian status quo in Papua, and demand referendum

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February 22, 2012

By Nick Chesterfield at WestPapuaMedia.info with local sources

Thousands of people took part in peacful rallies across West Papua on Monday, February 20,  rejecting attempts by Indonesia to impose new development policies on Papua, and demanding an internationally supervised referendum as the key step towards solving the Papua problem.

The rallies, organised by the West Papua National Committee (KNPB), took place in Jayapura, Biak,  Manokwari, Timika, Nabire, Wamena, Yakuhimo and Merauke.  According to initial reports, all rallies remained peaceful despite standard Indonesian security force threats to forcibly break up proceedings.

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In Jayapura, a long march was held from Abepura to the offices of the Papuan People’s Assembly (Majelis Rakyat Papua or MRP) with the crowd of close to a thousand people shouting “we want referendum”; “Special autonomy has failed, why start it again”; and “We reject the dialogue between Jakarta and Papua and demand a Referendum”.

Mako Tabuni, on behalf of the KNPB, told the gathering that the the plans by Indonesian President Susilo Bambang Yudhoyono to impose a new body U4PB (or Program to Accelerate Development of Papua and West Papua) to implement the failed Special Autonomy package is not a solution to the problems in Papua and was thoroughly rejected by West Papuan people.  Only a Referendum would address those grievances, and it must be. held soon.  U4PB, with authority over all of Papua, is to be headed by former army intelligence chief Bambang Darmono, himself subject to numerous allegations of human rights abuses whilst stationed in Aceh.

Tabuni expanded: “when in Papua, there are two paths of narrow and wide roads. Papuan Special Autonomy the road is paved with a lot of money, including UP4B, but the road is narrow.  The road to independence is a wide open road, like the road to referendum being fought KNPB”.

Former Political Prisoners Yusak Pakage and Saul Bomay echoed the KNPB concerns and demanded that Indonesia just try to listen to the will of the people and stop trying to implement policies proven to have been a failure, like Special Autonomy.

The demonstrators dispersed peacefully with a promise of escalation of mass actions.

westpapuamedia


Presidential palace still fails to understand the situation in Papua

General SBY - Military approach will not solve Papua's problems

General SBY - Military approach will not solve Papua's problems

Bintang Papua, 19 February, 2012Manokwari: The holding of constructive dialogue or communications between Jakarta and Papua as mentioned by President Susilo Bambang Yudhoyono (SBY) is regarded in some circles as being part of the solution to the problems occurring in Papua.In the opinion of Mervin Komber, a Papuan member of the DPR, the Indonesian Parliament, such a dialogue should take its cue from the road map for Papua, and lead to better living conditions for the  Papuan people. According to Komber, in order to achieve this, the agenda for such a dialogue should reflect the actual conditions currently confronted by the  Papuan  people.

With regard to the leaders who should be invited to participate in such a dialogue, they should be  people with the ability to deal with all aspects of the situation, including governance, parliament, customary groups, spiritual leaders as well as including people from the ranks for ordinary Papuans who enjoy the confidence of their respective groups.

‘All of us  who are in favour of dialogue must seek to achieve something positive for Papua,’ he said in Manokwari recently.

While he supports dialogue, Komber is critical of recent steps taken by SBY in his attempts to work out the best format  for the dialogue. In his opinion, the President’s decision to ask Papuan religious leaders  for their opinion  about the format and the agenda for this dialogue was a mistake. Komber believes that the religious leaders will themselves be  part of the dialogue, which means that the President should not have discussions with them about the format of the dialogue. But the President should summon provincial and local leadeers such as members of the DPRD, the DPD and academia to get their views on the format.

Moreover, if  only some elements are asked to discuss the format, he fears that this could result in misunderstandings as a result of the various inputs received by SBY. ‘If there are disagreements between some of these leaders, the people around SBY might end up passing on erroneous information about the situation in Papua,’  said Komber  who is a former activist from the Catholic students organisation, PMKRI.

The same might also occur with regard to the final objective of the dialogue, according to Felix Wanggai, a special staff member [not clear what staff this refers to] who looks forward to seeing Papua become a zone of peace. In his opinion, this may mean that the  people at the presidential palace do not properly understand  what it is that the Papuan people want. ‘The dialogue we have in mind is only intended to accelerate development in Papue,’ he said.

Jakarta has still not take any decision about when this dialogue or constructive communication should take place. According to Komber, the Jakarta-Papua dialogue is very urgent indeed and SBY should not postpone it. He went on to say that the dialogue is closely related to the implementation of special autonomy, OTSUS which was enacted eleven years ago. This means, in his opinion, that this dialogue should take place some time before the end of 2012.

‘I very much hope  that it will take place during the course of this year because OTSUS will remain in force for only another ten years, whereas the dialogue should occur while OTSUS remains in force.’

Finally he said that as far as he is concerned, the venue of the dialogue is not  a problem . The crucial thing is that the dialogue should be inspired by the determination to achieve a long term solution for Papua. ‘The dialogue could be held in ways that accord with Papuan traditions, such as those used by customary groups, sitting in their honai, or other such places,’  this young legislator said in conclusion.

[Translated by TAPOL]

Indonesian police conduct armed sweep of treason defendants in their cells

from WestPapuaMedia sources in Jayapura

Monday February 20, 2012

Extraordinary scenes occurred at Abepura prison in West Papua on Saturday night when heavily armed police stormed the cells of non-violent Papuan leaders currently on trial for treason.

The unusual and heavy handed security sweep was carried out between 9-10 pm on Sunday night and involved 3 truckloads of armed Dalmas anti-riot paramilitary police; 2 truckloads of Brimob police, and a detachment of the fully armed prison anti-riot officers.

Forokorus Yaboisembut (Jakarta Globe)

The cells of a number of West Papuan political prisoners were turned over in the sweep, and all prisoners possessions were removed, including pens, paper, files, books, letters, plates, drinking glasses, cutlery knives, guitars, and music tapes, including lawyer-client privileged communications and defence notes.  Mobile phones were not found however, according to sources at the prison.

It is believed the targets were  five leaders of the Third Papuan People’s Congress that peacefully declared independence from Indonesia on October 19, 2010, sparking a brutal and bloody crackdown by Indonesian occupation forces.

Forkorus Yobeisembut, and Edison Waromi, the President and Prime Minister respectively of the Federated Republic of West Papua, together with Selpius Bobbi, Dominikus Sorabut, and Agus Kraar are all on trial for treason charges.  The hearing on Friday had to be suspended after the prisoners refused to return into the courtroom due to concerns of the conduct of witness cross-examinations.  The trial was adjourned to February 21.

Reliable sources close to the accused Congress leaders have told West Papua Media that the raids relate to rumours circulating that the five defendants will be broken apart and moved to separate prisons away from Papua. These rumours have been propagated by unknown parties, however regular prison transfers are a common tactic by the Indonesian state on Papuan political prisoners.  The Indonesian Attorney-General and the Prosecutors office have repeatedly stated publicly that the trial and prisoners would be moved from Papua if any unrest occurs, but there is significant local Papuan resistance to such a move.

Local observers also have suggested that the bizarre raids had occurred after police objected to the defendants conduct in court and sought to reassert the “authority of state” by behaving unpredictably.

According to a series of urgent text messages sent to various advocates, the head of the prison at Abepura opened up the political prisoners section to normal criminals allowing them to mix freely.  This is often a tactic utilised by prison authorities to effect violence on prisoners without prison guards having to commit the abuse personally.  The political prisoners source told West Papua Media that in a disturbingly strange move, the prison chief then invited the political prisoners to sit without resistance with in a room together with hardened murderers, robbers and rapists, many of whom are from other parts of Indonesia.

Prison authorities did not reply to any requests for clarification from West Papua Media about the events at Abepura.


Subversion trial hearing postponed after disturbances in court

FYI
KBR69N, Jayapura, 17 February 2012The hearing of a trial in Papua had to be postponed  because of disturbances that broke out in court. The hearing was being held in order to hear some of the 17  witnesses.

The disturbances began as the chairman of the panel of judges was reading out the court regulations during the trial. When the five defendants rejected this, a heated argument broke out in which many of those attending the hearing also became involved.

Initially, the judge announced that the hearing would be closed for ten minutes  but he was eventually forced to close the hearing after announcing that it had been the intention to hear the testimony of some of the witnesses.

‘The events which occurred had not been predicted. Sometimes predictions about the weather turn out to be wrong. But we hope that conditions in future will be more conducive so that the trail can proceed peacefully and can go ahead in accordance with the timing as planned,’ said the judge.

The five defendants who face the charge of makar – subversion – had previously announced the establishment of the Federal Republic of West Papua. The five men are Forlorus Yaboisembut, Dominikus Serabut, Edison Waromi, August Kraar and Selfius Bobii. They face the maximum sentence of twenty years.


Morning Star flag flew for 5 hours in Serui

Unofficial Morning Star flag, used by supporte...

Image via Wikipedia

Bintang Papua,13 February 2012Serui: The Morning Star flag , Kejora, the flag of the separatists in Papua,  was held aloft for five hours in Serui, district of Yapen islands on Saturday, 11 February.

The local chief of police said that  this had been done by people who dont want peace and tranquillity  to prevail in Serui. He also called them ‘irresponsible elements’.

The police chief, Deniel P.Dwi Atmoko,  said that they were investigating the motives of those involved. ‘However, we can conclude that these people do not want peace to prevail and always engage in activities which are in violation of the law and one of things they do is to raise the kejora flag.’

He then went on to express his thanks to all those who had assisted the police and the army (TNI)  in pulling down the flag. ‘This proves that  the majority of people in Serui are very eager for peace. This is clear from the fact that the local people waited until the security forces had pulled the flag down.

He expressed the hope that these elements would not do such a thing again. ‘Stop doing things that clearly violate the law because this can only result in difficulties for the individuals themselves as well as for their families. We must work together to develop Serui in peace and tranquillity  so as to ensure that the activities being undertaken by the local government can be achieved.’

[Abridged in translation by TAPOL]


Concerns of JPIC in Papua regarding the situation in Papua

(Reflections on the situation in 2011)

From 13 to 16 February 2012, the secretariats of the Justice, Peace and Integrity of Creation (JPIC) in Papua (Franciscans JPIC in Papua, JPIC Archdiocese of Merauke, JPIC Agats Diocese, JPIC of Timika Diocese and JPIC of Sorong Diocese) held an annual meeting in Sentani. The outcome of this meeting is summed up in the following reflections on the situation in Papua with some recommendations.

The secretariats of JPICs in Papua confirm that the pro-investment policy of the Government of Indonesia and the torture and cruel treatment by the security forces have undermined law and the dignity of the indigenous Papuans, marginalising and threatening their right to life.

Situation in Papua in 2011

The indigenous Papuans have suffered from different investment policies of the Government in Papua. We found that the development policies on investment have caused the Papuans to lose their customary lands, identity, culture, livelihood, and they threaten the right to life. They have also become the source of horizontal conflict, as shown in the MIEFFE programme in Merauke, the palm oil plantation of PT. Merdeka Plantation Indonesia, PT. Merdeka Tapare Timber, PT Freeport Indonesia in Mimika, PT. Sawita Tandan Papua and PTPN 2 in Kerom.

The indigenous Papuans live in fear. The security forces use violence, torture, cruel and inhuman treatment against the Papuans which they justify with claims that their victims are supporters of the Free Papua Movement (Organisasi Papua Merdeka – OPM), as shown in the case of violence and torture against civilians during the 3rd Papuan Congress, the case of Tingginambut, the armed conflict in Puncak Jaya and Paniai and the conflict during the regional elections.

The indigenous Papuans are confused by the attitude of the Provincial Government which is not critical but rather tends to support the policy of the Central Government, as demonstrated in the case of the adoption of the policy on the Special Unit for the Acceleration of Development for Papua and West Papua (UP4B). This situation has put the future of the indigenous Papuans at risk. They are confronted with the difficulty to fight for their basic rights. The Papuan People’s Assembly (Majelis Rakyat Papua – MRP) and the Provincial Legislative Assembly of Papua (Dewan Perwakilan Rakyat Papua – DPRP) have been made powerless. MRP and DPRP only execute the orders of the Central Government and do not defend the interest of the Papuans.

The composition of the indigenous and non-indigenous Papuans is not in balance. The population census of the Indonesian Statistical Bureau (BPS) shows that the population of indigenous Papuans in the Provinces of Papua and West Papua is 1.760.557 or 48.73% of the total population, while the non-indigenous population is 1.852.297 or 51.27% of the total population of 3.612.854. It shows that the indigenous Papuans are a minority group in their own land while four decades ago they were the majority (96.09%).

Recommendations:

1. The Government of Indonesia should stop all investment that harms the right to life and the livelihood of the Papuan and conduct an independent evaluation of the companies investing in Papua. The Government of Indonesia should foster community-based development policies.

2. The Indonesian Military and the Indonesian Police should resolve the problems in Papua without using violence and they should bring to justice all perpetrators of the conflict in the area of PT. Freeport Indonesia.

3. In dealing with political demonstrations in Papua, the Government of Indonesia and the Police/Military should respect the right to freedom of expression of the Papuan people.

4. The Papuan People’s Assembly and the Provincial Legislative Assembly of Papua should genuinely represent the aspirations of the Papuans especially in addressing the issues that are causing the Papuans to become a minority in their own land.

These are our reflections and recommendations based on our wish to improve the future of Papua and to respect the human rights of the indigenous Papuans.

Abepura, 16 February 2012

P. Emanuel Tenau, Pr (Director of JPIC Diocese of Sorong) Br. Edy M. Rosaryanto, OFM (Director of Franciscans JPIC Papua). Ms. Veronika Tri Kanem (Program Manager of JPIC Merauke Archdiocese) Fr. Saul Wanimbo, Pr (Director of JPIC Timika Diocese) Fr. Hendrik Hada, Pr (Director of Agats Diocese)


Forkorus: international community must acknowledge the political rights of the people of West Papua

JUBI, 14 February 2011′The President of West Papua, Forkorus Yaboisembue has called on the international community which has raised the issue of basic human rights  to give evidence of its recognition of the political rights of the West Papuan people. If they fail to do this, he said, it means that the Papuan people are merely the colonial possession of a foreign power, while the world is only concerned with human rights, which, he said, is nonsense.

‘We call  upon the international community to discuss the issue of the right to self-determination, whereas this right of the Papuan people is being trampled underfoot. He was speaking after the court in Jayapura rejected the demurrer of the defendants submitted by the legal team of the Papuan defendants, Forkorus Yaboisembut, Edicon Waromi, Dominikus Surabut, Selpius Bobii and Agust Kraar.

Forkorus said that the international community has remained silent about the basic right of the Papuan people to self-determination, while it concerns itself only with the issue of human rights. The concept of human rights without any further evidence means that the international community is only toying with the problem, while there is plenty of evidence. Talking about human rights  while claiming that if these rights are recognised for all nations, this will be the way to safeguard peace in the world.’ This, he said, is utter nonsense.’

The international community, the USA, the European Union and the United Nations,never talk about the basic right of the Papuan people, who are campaigning all over the world and to other colonised people; this is is nothing more than empty talk.

Forkorus said that the world must give real proof of the concept of human rights by taking into account the importance of the political rights of the people of West Papua. The international community must prove its commitment to human rights because the Papuan people are bound by their right to speak out. This is an issue that lies deep in the hearts of all people including the people of West Papua. [The word used here is kesulungan the precise meaning of which escapes me, C Budiardjo]

‘When I say that I am a West Papuan, what then do you say? No one can force me to do anything. I have the absolute right to be a West Papuan.’

Edison Waromi who was standing beside Forkorus when he made this statement, said that the right of kesulungan [unchallengability ?] is recognised in the Bible to which the Papuan people are devoted. Quoting Verse 32, (8) of Deuteronomy in the Bible he said:  ‘It is God who determines the territory of all people’ which means that something determined by God cannot be challenged.’ The territory of West Papua  belongs to the people of West Papua.

When this was said, the crowd outside the courthouse cheered and applauded.


Unconfirmed reports of imminent major security crackdown in West Papua

West Papua flag

from West Papua Media sources in Jayapura

January 15th, 2012

Across West Papua, a series of remarkable and disturbing text messages has been circulating the claim that Indonesian security forces are preparing a major security assault across Papua in an operation that allegedly began on February 10.

West Papua Media has been unable to speak with any of the alleged participants in the meeting, nor any official representative of the organisations present, to verify these reports.  However local sources are reporting that security forces have intensified patrols and street presence in Jayapura at least  that would correspond to such an operation.

According to the messages a meeting was held at the Hotel Aston at 10am on February 9, between Polda Papua senior police officers.  Also at the meeting were the Papuan governor, the Commander of Cenderawasih Military District Erfi Triassunu, and officials from the Papua District Attorney, State Intelligence Body (BIN),  the army Strategic Intelligence Agency (BAIS), senior Kopassus officers, and leaders from Barisan Merah Putih – the main pro-Indonesia militia.  The meeting was  allegedly being held against the threat of disintegration of Indonesia  by separatist groups in Papua, according to the messages.

Erfi Triassunu - duplicitous

Participants allegedly raised the issue that “pro-merdeka” Papuan independence aspirations had been “globalized” and were attracting widespread international support especially after the brutal and heavy handed crackdown by Indonesian security forces on the Third Papuan People’s Congress on October 19, 2011, according to the source.

The  Memorandum assigned to officers present was to immediately raise “any safety risk to the smooth operation codes” – believed to indicate that security forces would be placed on high alert to prevent all expressions of self-determination.   It continued:

“The main focus is for the treason trial of Forkorus Yaboisembut and colleagues, who should not be given (political or public) space to defend themselves to their (Papuan) people and release pressure on the Makar defendants.  Any adverse condition in the control of the military from the Start Date (of) 10 February 2012 immediately increase security emergency.”

The messages then hinted darkly at the final conclusion of the meeting:  ”Do not hesitate (in carrying out your duty if you have) to violate human rights for the sake of the sovereignty of Indonesia. ”

The text messages were said by local human rights sources to have come from a “very reliable source close to the military”.  It is not known at this stage if these text messages have been circulated deliberately by military intelligence as a possible tension building exercise.

West Papua has been subjected to many false SMS rumour “storms” in the past as sources believed by observers to be Indonesian intelligence officers have circulated false and inciting claims of imminent communal violence.  This includes a notorious case

Threats by SMS to human rights defenders and journalists are commonplace in Papua, widely believed to come from military sources.

Across Papua in recent weeks, SMS messages are also circulating claiming that “mysterious killings” are allegedly being perpetrated by Indonesian security forces against West Papuan civilians.  Reports have been circulating that a man allegedly from Yakuhimo, Puncak Jaya, was killed and his mutiliated body turned up in Sentani, and another allegedly was found in a marketplace in Abepura.  Additionally bodies have been reported as being found in similar circumstances in Timika and Wamena, but none of these reports have been able to be independently verified.

Westpapuamedia.


Treason Trials: Panel of judges reject demurrer by defendants

14 February 2012[Abridged in translation by TAPOL]

At the fourth hearing of the trial of Forkorus Yaboisembut and his colleagues which was held on 13 February, the panel of judges chaired by Jack Jacobus Octavianus SH announced that they could not accept the demurrer of the defendants which was submitted on  30 January, arguing that it was not in conformity with the law.

But the panel of judges failed to take into consideration the opening statement of the defendants which analysed the social, political and economic circumstances currently prevailing or the roots of the conflict in the Land of Papua at this time.

It was clear that the judges  only take into consideration  the thoughts and actions of the security forces such as the army, the police and the prosecutor and are only seeking those aspects of the law  which  restrict the right to freedom of expression of the majority of the Papuan people.

The defendants’ team of lawyers  went on to say that  the judges hearing the case are under pressure from forces outside the court of law as is clear from the fact that the head of the  Prosecutor’s Office along with the military commander of the Cenderawasih military command, the chief of police in  Papua and the prosecutor’s office  were approached prior to the hearing on 8 February and prior to the hearing held yesterday.

Our impression is, they said, that the powers that be in Indonesia  are very keenly following every aspect of the trial,  as is evident from the  extra tight security arrangements; the fact that access for the press to attend the trial  is very much restricted  while members of the public are not being allowed to enter the courtroom because it is packed with intelligence agents and members of various elements of the army and the police who are busy taking photographs and recording everything happening from very corner of the courtroom.

Forkorus, speaking on behalf of all the defendants, stood up and challenged the judges, saying that the judges will not be able to prevent him as the president of the NRFPB, the Federal Government of West Papua from reading out their rejection, a copy of which was then handed to the panel of judges

Responding to the statement of the defendants, Yan Christian Warinussy, a member of their legal team, said that the panel of judges should not at the forthcoming hearing try to restrict the defendants from expressing their views but should use those elements in the Criminal Code by simply noting the reports of the interrogations of the defendants (BAP).

The judges decision rejecting the defendants demurrer also called forth a strong statement from Yan Christian Warinussy who said that he did not agree with the viewpoint of the judges which only reflects the difference of opinion between the judges and the prosecutors and the legal team of the defendants, and he went on to say that it was wrong to say that their demurrer is not based on the law.

The team of lawyers also said that  the trial should be accessible to the international community and members of the diplomat corps in Jakarta so that they are able to follow developments in the trial.

The panel of judges then announced that the next hearing would take place on Friday, 17 February, when witnesses for the prosecution would be heard, most of whom are members of the police force which was involved in the attcks against the defendants and the mass of people, following the closure of the Papuan Peoples Conference (KRP III) on19 October last year.


From the trial of Forkorus and his colleagues

(From Tapol, and local sources in Jayapura)
Events surrounding the trial of

  • Forkorus Yaboisembut, President of the Federal Republic of West Papua,
  • Edison Waromi, SH, Prime Minister of the Federal Republic of West Papua,
  • Agustinus Kraar, human rights acctivist,
  • Dominikus Surabut, human rihts activist,
  • Selpius Bobii, human rights activist.

[This hearing was held to hear the response of the prosecutor's team to the demurrer from the legal team of the defendants.

Friday, 10 February, 2012

The names of the twenty members of the legal team assisting the men on trial were listed.

At 6am, heavily armed members of the security forces took up their  positions in front of the Public Prosecutor's office.

At 7am,  visitors and members of the legal team started arriving at the courthouse. Each visitor was required to register his/her name, while showing their identity card. Following this, each of the visitors was investigated.  Journalists and members of the legal team were also investigated. Some members of the legal team as well as some of the journalists attending the trial protested, but the protests were ignored and the investigations continued.

At 8.45am, Forkorus and his colleagues arrived. When the door of the truck in which they were travelling was  opened, security forces nearby approached the truck and pulled the doors.opne just like what happens when a bus stops. Seeing this, Forkorus and his colleagues protested and shouted: 'You policemen, dont you dare touch us, dont approach us. Get back, all of you, right back. This country belongs to us,we are not criminals. Get back, the lot of you!'


The security forces paid no attention to this and continued to move closer to the truck, then started pulling down Forkorus and his colleagues from the truckLocal human rights activists, including Mama Josepha Alomang, started complaining to the security forces and called on the chief of police there to order his men to move away. As some of the police fell back, Forkorus and the others began to get down from the truck. As they were getting down, the visitors began to sing  hymns and to say prayers in front of the entrance to the courthouse.

The hearing of the trial began at 9am. The presiding judge asked the men whether they were in good health, but none of the five men made any response. The judge repeated his question three times, but the men still remained silent. On seeing this, the judge remained silent for a while, then asked the prosecutor to read out his response to the demurrer, in which he insisted that the charges against the men were in accord with Article 106 of the Indonesian Criminal Code, whereupon the chief prosecutor asked the judge to continue with the trial.  After this, the judge announced that the following hearing would take place on 14 February, to hear the reaction of the panel of judges to the demurrer.

Before the hearing drew to a close, Gustaf Kawar, a member of the legal team, protested against the investigations that had been undertaken by the police  of the persons attending the trial as visitors. He asked: 'Is this an open trial or is it closed to the public? If it is an open trial, visitors should not be investigated and there should not be such heavy guarding round the courthouse.

The presiding judge said that this was in accorded with the proceedings required by the security forces, over which they have no control.

After the hearing closed, Forkorus and his colleagues  held a press conference  at which they protested against the charge of treason (makar) and protested against the heavy-handed guarding around the courthouse, the many arrests that continue to be made [in Papua], the many people in prison and the shooting incidents against  Papuan people.

As this was going on, some of those outside the courthouse unfurled banners saying PAPUA MERDEKA!. INDEPENDENT PAPUA!, shouted this slogan and handed out copies  of a press release. Many of those who were hoping to attend the hearing were unable to do so because it was raining very heavily.


Statement of the leaders of Churches in Papua to the Indonesian President – unofficial translation

The Alliance of Churches in Papua

(PERSEKUTUAN GEREJA-GEREJA DI TANAH PAPUA)

Sekretariat : Jln. PLN 07 Sentani, Kabupaten Jayapura, Papua; Telp: 0967591291; 0811489578

 

Statement on the solution to the problems in Papua

We wish you a Happy New Year 2012

(NON OFFICIAL TRANSLATION)

First  of all, we, the leaders of Churches in Papua would like to express our sincere thanks to the President of the Republic of Indonesia, Dr. H. Susilo Bambang Yudhoyono, who invites and welcomes us to this meeting.

Shalom,

We have heard the commitment of the Central Government under the your leadership to find a peaceful solution to the problems in Papua through an open dialogue with the People of Papua.  In his State Address on 16 August 2011, the Indonesian President reaffirmed that, “to reorganise Papua with heart, is a key for all efforts to have successful development.” On 9 November 2012, the Indonesian President reaffirmed again that, “A dialogue between the central government and our brothers in Papua is open. We need to dialogue, an open dialogue to find solutions and options, to find the best way to solve the problems in Papua”.

Based on the commitment of the Central Government to dialogue with the Papuan, let us, the leaders of Churches in Papua, to convey our statement concerning the solution to the problems in Papua as following:

First, the leaders of Churches in Papua support the initiative of the Central Government to find a solution and the best way to address the problems in Papua through an open dialogue with the Papuan;

Second, the leaders of Churches in Papua are ready to work together with individuals and groups as well as institutions that support a dialogue between the Central Government and Papuan as a way to solve the problems in Papua;

Finally, we appreciate the initiative of President Susilo Bambang Yudhoyono to receive and meet the leaders of Churches in Papua, on December 16th, 2011 and today, February 1st, 2012. We do not consider these two meetings as a dialogue between the Papuan and Central Government. Instead, we, the leaders of Churchesin Papua, understand these two meetings as a moral responsibility of the leaders of Churches and the leaders of the Government of Indonesian in their efforts to prepare a dialogue with honesty and dignity between the Central Government and the Papuan. We pray that the dialogue between the Central Government and the Papuan, through facilitation from a neutral third party and trusted by both parties, can take place in 2012. In this way, we may call year 2012 as the Year of Dialogue with Papua.

These are our prayers and wishes, the leaders of Churches in Papua.

Jayapura, January 30th  2012

Sincerely,

On behalf of the leaders of Churches in Papua


West Papua Media apologises for downtime due to security issues

West Papua Media personnel in Australia have been, since February 9,  facing an unprecedented physical security threat.  It is under control, but our reportage capacity is much reduced until this situation has been made fully safe, and fully investigated.

Please bear with us while we neutralise yet another threat to media safety and freedom.  We will be holding the abusers to account again before they can catch their breath.

A notice for those who are on the side of silencing human rights media:  All those who are cooperating with people who threaten violence or legal constraint on us will face the full force of exposure together with the perpetrators.  All those for whom the threats have allegedly been made on behalf of, even if those parties are not willing or aware parties, will also face full exposure, as is our legal right and duty to do, fully consistent with legal principle and obligation.  If we so choose.

If you wish to help us increase our capacity for reportage and thereby defend against ongoing threats to our safety and security, both on the ground in West Papua and outside for our editorial and support teams, then please give generously.  A Donation button appears at right, or please follow this link: http://westpapuamedia.info/donate-to-support-media-freedom-for-west-papua/

 


LP3BH: Military Intelligence Operations are still underway in Papua

Statement by Yan Christian Warinussy, Executive-Director of LP3BH,  Papua[Translated by TAPOL]

The appointment and deployment of Major-General Mohammad Erwin Syafitri (former deputy chief of BAIS, Indonesia’s joint strategic intelligence  agency) as commander of KODAM XVII Cenderawasih Papua is clear proof that the Land of Papua is still an area of operations of Indonesian military intelligence.

As a result, the top leadership of the military territorial command in this region has been placed under the command of a leader who has a background in intelligence or at the very least a history of involvement in Indonesia’s intelligence agency.

This is important in order to protect the collaboration between military activities or security and intelligence which acts as the front line for gathering information and deploying security forces in the area.

It is important to point out that in the opinion of human rights activists in Papua, the Land of Papua is still isolated from the international community, bearing in mind that access to the area has been made difficult for several humanitarian and human rights institutions such as the International Committee of the Red Cross and Peace Brigades International, as a result of which they have closed their offices in Papua and left Indonesia in November last year.

The same goes too with regard to the presence of international observers as well as foreign journalists. And for the past five years, it has been difficult for foreign diplomats based in Jakarta to gain access to Papua. This situation  has come about because of the powerful influence of the Indonesian army – TNI – and the Indonesian police, so as to make it more difficult for international observation of developments with regard to the rule of law and basic human rights in the Land of Papua.

As a human rights defender in the Land of Papua, I see a close connection with  the upsurge in demands being made by the Papuan people  to the Indonesian government to find a solution to a number of problems by means of a Papua-Indonesia dialogue, as an important theme which is continually being confronted by certain elements, such as the TNI and the Indonesian police, both of whom have their own vested interests in the Land of Papua.

Bearing in mind that President Susilo Bambang Yudhoyono stated on 9 November 2011 that he is ready to enter into dialogue with all forces in the Land of Papua, I have not yet seen  any response to this from TNI or from the Indonesian police, to indicate whether they agree with this or indeed whether they support the wishes of the President.

Although in this connection, the military commander and the chief of police of Papua said in their presentations to the Papuan Peace Conference on 5-7 July 2011 that they too support dialogue as the way to solve the conflict in the Land of Papua.

I believe that the Indonesian army and police must clearly reveal their attitude towards the question of dialogue.which is what the vast majority of Papuans support, along with their non-Papuan brothers here in Papua. Even the central government in Jakarta is supporting this, which is clear from the fact that President SBY  has appointed Deputy President Boediono to take the lead in efforts to prepare the way for this Papua-Indonesia dialogue.

The idea of dialogue has moreover won positive support from a number of countries around the world, including the USA, Australia, Germany, the UK and the European Union, all of whom are close allies of Indonesia and support the territorial integrity  of the Republic of Indonesia.

6 February 2012


West Papua Report February 2012


This is the 94th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://www.etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.Summary: The trial of five Papuans who led a peaceful demonstration in October 2011 demanding Papuans’ right to self determination has begun. There has been no prosecution of security forces who brutally attacked that demonstration, killing at least three peaceful demonstrators and beating scores more. The U.S. State Department called on the Indonesian authorities to ensure due process for those indicted and urged that Indonesia respect its international legal obligations related to the trial. Human Rights Watch, for its part, called for the release of the five Papuans who are being tried under an archaic “subversion” provision of the criminal code. WPAT presents an exclusive report on efforts by the Indonesian special forces, Kopassus, to organize a propaganda campaign on West Papua. The campaign targets the U.S. and other governments for purportedly seeking to exert influence there. In its annual report, Human Rights Watch describes a worsening environment for human rights in West Papua. Reporters without Borders, in another global review, notes the growing threat to journalists in West Papua. The Asian Human Rights Commission reports on new Indonesian security force torture of Papuan civilians. The Indonesian government is colluding with Interpol in an effort to arrest prominent Papuan dissident Benny Wenda. Indonesian joins a number of repressive regimes attempting to use Interpol to silence critics. Jakarta has announced plans for a massive road building scheme in West Papua which will facilitate developers access to virgin forest areas. A revealing report by the Jakarta Globe explores the prevalence of illiteracy among Papuan children, even in urban areas, and notes the central government’s persistent failure to provide educational services to Papuans. The Government has again announced plans to create a new Papuan province, a step which will further divert funds from essential services for Papuans.

Contents

Prosecution of Peaceful Dissent Again Targets Papuans

The trial of six West Papuan leaders who played the leading roles in the October 16-19, 2011 convening of the Third Papuan National Congress (see November 2011 West Papua Report ) began January 30 in Jayapura. The trial was adjourned shortly after it began and will resume on February 8.  Over 300 people were initially detained as the Papuan Congress concluded 19 October 2011. An assault on the entirely peaceful gathering by Indonesian security forces led to the death of at least three participants and the beating of many more. No security forces have been prosecuted for that assault.

Six people have been detained since October 19, 2011; five of the six face charges of subversion under Section 106 paragraph 53 and 55 of the Indonesian Criminal Code. The use of these charges to suppress peaceful dissent date back to the Dutch colonial times and have frequently been employed by the Dutch, the Suharto dictatorship and even successive democratic regimes. The provisions violate Indonesia’s obligations under the International Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights as well as the Universal Declaration of Human Rights.

The six detainees are: Forkorus Yaboisembut, Dominikus Surabut, Edison Waromi, Selphius Bobii, Agus Sananay, and Gat Wenda. Five of the six are charged with subversion: Wenda is only charged with carrying a concealed weapon.

The United States State Department publicly called on Indonesia to “ensure due process” and to observe its “international legal obligations for those indicted.” The U.S. also urged Indonesia to “work with the indigenous Papuan population to address their grievances, resolve conflicts peacefully and support development in the Papuan provinces.”

The United States “recognizes and respects the territorial integrity of Indonesia within its current borders, which include the provinces of Papua and West Papua,” the spokesperson added.

Human Rights Watch (HRW) has demanded that Indonesia drop the charges against the five Papuans. The New York-based rights group said Indonesian security forces had used “excessive force” including batons and firearms to break up a pro-independence assembly in the provincial capital Jayapura last October, killing at least three people and injuring more than 90. HRW noted the injustice that while eight police officers were let off with written warnings for disciplinary infractions, the five Papuan leaders are charged with treason. “The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists,” the group’s Asia deputy director Elaine Pearson said in a statement. “It’s appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views,” she added. Pursuing the trial would “only deepen the resentment that many Papuans feel against the government”, Pearson said.

HRW also urged Indonesia to release at least 15 other Papuans, including independence leader Filep Karma, and about 60 others mostly Maluku activists, over “peaceful acts of free expression.” Rights groups accuse Indonesia of gross human rights abuses in Papua, a Melanesian-majority region rich in natural resources where poorly armed rebels have been fighting for independence for decades. Jakarta denies the allegations but severely limits access by foreign media or aid workers into the remote eastern province to conduct independent inquiries.

More than 100 people are currently imprisoned in Indonesia for peacefully promoting separatism in Indonesia, most of them from Papua or the eastern Maluku islands, according to Human Rights Watch.

*******************WPAT EXCLUSIVE: Kopassus Organizes Propaganda Offensive Targeting U.S. and Other International Interests Regarding West Papua


Indonesia’s Special Forces (Kopassus) organized a week-long training program for two dozen bloggers and journalists at their headquarters in Jakarta late November, 2011. Trainees were warned about alleged foreign interference in West Papua, including by the U.S. and other governments. According to its website, the Indonesian Association of Citizen Reporters (Persatuan Pewarta Warga Indonesia, PPWI ), jointly organized the training with Kopassus Group III/Sandhi Yudha or the ‘Secret War’ group. The group has a section called the ‘Papua Desk.’

The PPWI website shows Kopassus group commander Col. Izak Pangemanan shaking hands with Wilson Lalengke, PPWI chairman. According to some trainees’ Facebook accounts and the syllabus, the training included several components including one about separatism in West Papua. A trainee Facebook account showed Kopassus had also recently sent around 250 officers to Papua.

Mahar Prastowo, a PPWI deputy chairman, played a central role by liaising with Kopassus for the program, where he gave a talk about Papua, saying that he had approached Forkorus Yaboisembut, the chairman of the Papua Customary Council, and Buchtar Tabuni, the chairman of the West Papua National Committee.

Trainees came from Java, Sumatra, Kalimantan and Sulawesi, but included no Papuans. The training program was intended to counter international news reporting about West Papua which is seen as critical of Jakarta policy and Indonesian military conduct in West Papua.

At the training, Mahar Prastowo contended that the United States is stirring unrest in West Papua. He cited President Barack Obama’s decision to deploy 2500 marines to Darwin, Australia. Prastowo also said there is a “paradigm shift” in suppressing independence movement in Papua. He encouraged the PPWI trainees to get involved in the information war. On his Twitter feed (@maharprastowo), he criticized mining giant Freeport McMoRan which he said had taken out most of the gold and copper from Papua’s Grasberg mine, while only giving Indonesia only one percent of the income.

Prastowo told the trainees to help create “a common enemy” of the Papuans and the Indonesians. Prastowo described this common enemy as “ABDA,” representing American, British, Dutch and Australian interests. Trainees were encouraged to use their Twitter, Facebook and blogs to fight “foreign agents in Papua. On his Facebook account “Mahar Writerpreneur,” he uploaded a cartoon of four Caucasian men, supposedly to represent ABDA, eating resources from the Grasberg mine.

PPWI chairman Wilson Lalengke has issued 100 PPWI press cards for Kopassus officers. The training program was mainly financed by the Ministry of Defense. In addition to the training assistance, Kopassus will help bloggers and journalists cover Papua by providing logistical support to include transportation.

Prastowo’s blog indicates that he has some sort of an association to the Jakarta-based Islam Defenders Front (Front Pembela Islam, FPI). He posted some FPI announcements. The hardline FPI for years has engaged in thuggish attacks on businesses and others it does not approve of. The FPI is believed to have official backing.

In late December, FPI chairman Habib Rizieq Shihab and Islamist politician Muhammad al-Khaththath visited the Ministry of Defense, demanding the ministry to take stern actions against “Papuan separatist.” They also threatened to wage jihad in Papua.

Another Facebook account says that PPWI is also planning to publish a tabloid in West Papua.

***************

Human Right Watch Annual Report Describes Worsening Rights Environment in West Papua

In its annual review of human rights observance and violation around the world, Human Rights Watch focused significantly on developments in West Papua. West Papua related excerpts follow:

In August internal military documents – mainly from Kopassus, Indonesia’s special forces -were made public, exposing how the Indonesian military monitors peaceful activists, politicians, and religious clergy in Papua. The documents show the deep military paranoia in Papua that conflates peaceful political expression with criminal activity. Several of those named in the documents as targets have faced arrest, imprisonment, harassment, or other forms of violence.
Access to Papua in 2011 remained tightly controlled. Few foreign journalists and human rights researchers can visit independently without close monitoring of their activities. Since October the vice president’s office has set up the Unit to Accelerate Development in Papua and West Papua, which is focused on economic development. Its board members include some veterans of peace talk over Aceh.
In July over 500 representatives of Papuan civil society met at a peace conference in Jayapura, organized by a government-funded peace-initiative network.
Violence in Papua worsened in July and August with several unrelated attacks in which more than two dozen people were killed or seriously injured. Seventeen people were killed in Puncak Jaya in July when two rival political camps clashed in an election dispute.
In Puncak Jaya there has been a long insurgency between the Free Papua Organization (OPM) and the Indonesian military. The OPM commander in Puncak Jaya claimed responsibility for several attacks against the Indonesian military in July, including one in which an Indonesian military chopper was shot down, injuring seven soldiers and killing one.
In October security forces used excessive violence when arresting more than 300 Papuans involved in a three-day Papuan Congress. At least three men were killed and more than 90 were injured. Six Papuan leaders were charged with treason.

International Journalists Underscore Security Targeting of Journalists in West Papua

Reporters Without Borders released its Press Freedom Index 2011-2012 on near the end of January, in which Indonesia dropped 29 places from a year earlier to 146th. The reason for Indonesia’s slip in the ranks, according to the organization, was largely due to cases of journalists in West Papua being killed, kidnapped and assaulted.

Bambang Eka Cahya Widodo, chairman of Indonesia’s Elections Supervisory Board (Bawaslu), told media that journalists were sometimes targeted because of their election coverage. He cited the case of a journalist in Merauke, Papua, who was stabbed while reporting on an electoral dispute there last year.

WPAT Comment: The United Nations, foreign officials and human rights organizations have long been critical of Indonesia’s ongoing efforts to prevent international monitoring of human rights violations in West Papua. The measures employed by Jakarta include restrictions on travel to and within West Papua by international journalists, human rights monitors and humanitarian agencies. The International Committee of the Red Cross remain banned from re-opening its offices in West Papua. But perhaps the most insidious tactic employed by Jakarta is the targeting of Indonesian journalists and human rights workers by Indonesian security forces. Reporters Without Borders has performed an important service in drawing attention to security force intimidation, brutalization and murder of Indonesian journalists.

Military Officers Arbitrarily Arrest and Torture Civilians Based on False Claims of Rebel Activity

The Asian Human Rights Commission, January 26, issued an urgent appeal ( Urgent Appeal Case: AHRC-UAC-005-2012)  regarding the Indonesian military’s brutalization of a dozen Papuans, including three local activists, in Kurulu, West Papua, in early November 2011. The assault on these civilians was related to unsubstantiated claims of rebel activity in the area. In an appeal to the international community, the AHRC noted that civilians are “frequently victimized based on arbitrary allegations of rebellion, and subsequently tortured.”

The incident followed a false allegation initially passed to a pro-Jakarta militia of a meeting between the Papuan armed resistance OPM and villagers from Umpagalo village in Kurulu district. Local military personnel of the 176/ Kurulu military headquarters reacted to the unsubstantiated report by going to Umpagalo at around 11pm. “They beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times.”

The troops then transported the victims to the 176 military headquarters and after several hours delay, they were released without charges. The victims? colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint claiming there was no substantial evidence to prove the allegations. More importantly, the police have no capacity to investigate or prosecute military personnel under terms of the law on military courts (Law No. 31 of 1997).

The AHRC observed that security force use of torture against indigenous Papuans is widespread, often targeting persons suspected of supporting independence movements. “Such suspicions are often leveled arbitrarily against members of the indigenous community and result in stigmatisation.” AHRC added: “according to the law on military courts, members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality.” AHRC called for a joint investigation of the incident by the Indonesian military (TNI) and the National Human Rights Commission (Komnas HAM).

Interpol Lends Its Resources to Indonesian Efforts to Silence Dissident

Interpol has issued a “red notice” for Benny Wenda, a prominent Papuan dissident who has been granted asylum in the U.K. on political grounds.

The Interpol action against Wenda is similar to other actions targeting prominent dissidents legally living outside their home countries. The Interpol alert system is increasingly being employed to serve the interests of often repressive regimes seeking to silence their critics.

A lawsuit alleging that some oppressive regimes are using Interpol’s alert system to harass or detain opponents is being planned by rights activists and lawyers in the United Kingdom. Campaigners say that some government fabricate criminal charges against those who have taken refuge in other countries and then seek their arrest through Interpol “red notices.”

The notices are meant to alert member police forces that an Interpol member state has issued an arrest warrant, but some countries will take seize suspects based on the “red notice” alone. There are about 26,000 outstanding.

 

Trans-Papua Road Planned

According to the Jakarta Post, Indonesia’s Public Works Ministry is allocating Rp 3.6 trillion (US$399 million) to build a “Trans-Papua Highway.” Planned road construction would be among the largest undertaken in Indonesia. he aim of the Trans-Papua Highway is purportedly to connect isolated areas in Papua’s central highlands to Wamena, Habema, Kenyam, and Batas Batu, as well as the Asmat regency on the south coast. The plan would also include two other road projects within the “Master Plan for Acceleration and Expansion of Indonesian Economic Development” (MP3EI), involving roads linking Timika in the Mimika regency and Enarotali in the Paniai regency, and those linking Merauke with Tanah Merah in the Bouven Digoel regency. Government spokespersons claim that the government aims to build 70 percent of a total of 3,100 kilometers of national road in Papua and West Papua by 2014.

WPAT COMMENT: Such massive road development poses both positive and negative consequences. Improved access to markets for local farmers and industries could be a boon to isolated Papuan villages and towns. Papuans generally will also benefit from improved access to essential services and employment opportunities often lacking in rural areas of West Papua. On the other hand, such road development also expands the opportunity for illegal enterprises, particularly illegal logging operations, to exploit Papuan natural resources. The Suharto dictatorship often boasted of “road development” in occupied East Timor. In fact, road network expansion was largely aimed at facilitating military access to exploitable resources and expanding military operations into the hinterlands.

Jakarta Abuses Papuans Through Denial of Essential Services

The failure of the Indonesian government to provide essential health services to the Papuan population of West Papua has been repeatedly documented and, arguably, leaves the Jakarta government open to charges of ethnic genocide. This calculated, malign neglect in the area of basic health services extends to provision for education. A revealing January 31 Jakarta Globe report notes that Papua’s illiteracy rate among those aged 15 years and under was 32 percent, the highest in the nation, according to data from the Central Statistics Agency (BPS) in 2010. That figure has increased steadily since 2007, when it was 25 percent, going up to 28 percent in 2008 and 30 in 2009.

The Globe report, by Banjir Ambarita and Mary Anugrah Rasita, underscores that the Jakarta government’s failure to educate young Papuans is not only a problem in remote rural areas. The reporters visited a state elementary school in Jayapura (Port Numbay) and found extensive illiteracy. Nella Manaku, headmaster of Holtekamp Elementary School acknowledged that 50 percent of the students there could neither read nor write. The reporters observed that many fifth- and sixth-grade students were just at able to be taught how to write.

The headmaster blamed the high illiteracy rate on a lack of teachers at saying that were just five instructors for the more than 100 students. Moreover, “Three of them are permanent and the others are contract teachers, but they rarely show up for work,” he said. He explained that he had repeatedly applied to the Jayapura Education Agency for more teachers, but to no avail. “For several years now we’ve been asking for help, but there’s never been a response from the authorities,” he said. Kayus Bahabol, a provincial legislator, told the Globe that the high illiteracy rate was not the only issue the school was dealing with. “Educational facilities here are badly lacking…. Livestock wander all over the place and leaving their droppings everywhere,” he said.

Kenius Kogoya, another provincial legislator, said the Holtekamp case was just the tip of the iceberg. “If things can get this bad at a school in Jayapura, a major city, imagine what it’s like at schools in rural areas,” he said. “The government always likes to claim that regional autonomy has been a blessing for development in Papua, but this is highly questionable.”

Arief Rachman, an education expert who chairs the National Commission for UNESCO, agreed that the low level of development in the province was the main culprit for the high illiteracy rate. Darmaningtyas, an education expert from the Taman Siswa school network, told the Globe that the problem of teacher shortages was a long-standing one in Papua. He urged the government to give priority to infrastructure development to improve the distribution of books and other school supplies across Papua, “because right now we lack the channels to get the appropriate reading materials to the students there.”

Plans Advance to Create Central Papua Province

Media reports reveal that the Indonesian government is moving forward with plans to create a new province in the western portion of the island of New Guinea controlled by Indonesia. According to a January 20 report in the Cenderawasih Pos Jakarta the central government is moving forward with the creation of “Central Papua” sometime in 2012. The province will have 10 districts: Supiori, Biak Numfor, Yapen Islands, Waropen, Nabire, Dogiyai, Deiyai, Intan Jaya, Paniai and Mimika.

The formation of a new province re-opens a contentious legal and political debate over the division of the land Papuans consider “West Papua” into two entities, Papua and West Papua a decade ago. That division was described as illegal by the Indonesian courts but inexplicably was allowed to stand as a fait accompli. Many Papuans have resisted the division of Papuan territory, arguing that the action fails to take into account their political aspirations, in particular, their pursuit of self determination. Moreover, Papuans and many observers have argued that the creation of new administrative subdivisions absorb funds that are critically needed to provide essential services in the areas of medical care, education and social/cultural development. Rather, they argue, creation of new administrative entities amounts to top-down development which favors creation of massive new “development” undertakings which advantage corporate interests, usually to the grave disadvantage of local development.

Creation of such new administrative entities also creates “perches” for the expansion of the security force establishment, further diverting funds and broadening and deepening the militarization of Papuan lands.

Back issues of West Papua Report


Statement from 5 Makar accused at KP3 treason trial

STATEMENT BY FIVE PAPUANS WHO WENT ON TRIAL IN JAYAPURA ON 30 JANUARY 2011[This hand-written statement is signed by the five Papuans who went on trial in Jayapura on 30 January 2012, and is translated in full by
Carmel Budiardjo, TAPOL]

Fully understanding and conscious of our basic human rights as Papuans of the negroid race, part of the Melanesian race who live in the land of the country of West Papua, inheritors from our ancestors, we herewith firmly declare  that WE FIRMLY REJECT THE TREASON TRIAL AND OTHER SUCH TRIALS that has been mounted against the five of us, and we speak on behalf our colleagues and the entire nation of the Papuan people of the Nation of West Papua.

We call for an understanding of this declaration, a declaration of independence, in accordance with the principles of PUBLIC INTERNATIONAL LAW, a law which should be lawfully accepted. And in this case, this declaration will bring us substantial  happiness if it gains the recognition of the international community.

In order to gain substantial and dignified recognition from the international community, we have requested our international team of lawyers to  notify and register  our legal status along with the question of the annexation of the TERRITORY OF THE STATE OF WEST PAPUA at the International Court, with the Secretary-General  of the United Nations, Amnesty International and all member states of the United Nations, as well as other competent authorities.

We herewith categorically state that we are not prepared to make any statements or answer any questions that are based on the laws and accusations of treason by  the Unitary State of the Republic of Indonesia, during the current trial for treason. It is very clear indeed that this is a matter between two nations and two states, that is to say, between the Papuan nation and the Indonesian nation, between the Federal State of West Papua  and the Unitary State of the Republic of Indonesia.

The following are the reasons for our rejection of the trial for treason or any such trial:

[NB: The copy of the statement which we have received jumps at this point from page 2 to page 4 which suggests that the copy we have is incomplete.]

1.    Our struggle and the struggle of those who have gone before us and the nation of West Papua  and all members of the Papuan people up to the present day is a struggle for the restoration of independence and sovereignty of the Papuan Nation as one of our most basic political rights.

2.    Bearing in mind that the Unitary State of the Republic of Indonesia annexed and continues to annex, the people and nation of the Papuan people since the TRIKORA command which was proclaimed by the former president of Indonesia, President Sukarno on 19 December 1961 in the city of Jogyakarta and which was followed up by  the Indonesian military, from 1962 to the present day, by a variety of measures aimed at preserving the annexation.

3.    Our struggle is not aimed as damaging or destroying any country in the world.

4.    We do not intend to damage or destroy the Unitary State of the Republic of Indonesia.

5.    We feel that our dignity has been defiled, that our basic political  rights have been violated in our country, West Papua, which we inherited from our ancestors.

6.    No one, for whatever reason, has the right to make accusations against us or to convict us in a treason trial or any such trial. This is because we have become the subjects of our own laws  as citizens of the nation and state of the Federal Republic of West Papua.

7.    Based on the values of basic human rights, of democracy and the following universal laws:

a. The  first article in the Preamble to the1945 Constitution  of the Republic of Indonesia.
b. Article15 of the Universal Declaration of Human Rights of the United Nations adopted on 10 December, 1948.
c. Article 1, para 1 of the Covenant on Civil and Political Rights adopted as UN Resolution 2200 (xxi) which has been in force since 23 March 1976,.
d. The Declaration on Granting of Independence to Colonial Countries and Peoples in UN Resolution 1514 (xv) on 14 December 1960.
e. The basic principles of decolonisation , namely possidetis juris and the legal succession of the state to the colonial territories  of the  Dutch East Indies (Dutch Papua) since 19 October 1961.
f. ILO Convention No. 169, 1989 on the Rights of Indigenous and Tribal People.
g. The UN Declaration on the basic rights of indigenous peoples of 13 September 2007.
h. The Papuan Independence Manifesto of 19 October 1961 adopted by the Papuan National Committee.
i.  Stipulations adopted by the Grand Congress (MUBES) of the Papuan people in 2000.
j. The Eleven Recommendations of the Second  Papuan Peoples’ Congress and Indigenous Papuan People  in 2010.
k. The decisions of the Second Papuan Peoples Congress in 2000.
l.  The decisions of the Third Papuan Peoples Congress of 2011.

8.    The Statement by the Indigenous Papuan People and the Papuan people is a truth based on analytical and practical categories. The analytical category means that the indigenous P apuan people are the Papuan nation, a negroid race of the Melanesian race, located in the South Pacific. Whereas the practical category is a political statement which was enunciated in the Manifesto of Papuan Independence of the Papuan National Committee on 19 October 1961 in Hollandia, the State of West Papua.

9.     We democratically restored the independence and sovereignty of the Papuan people on 19 October 2011, at the Third Papuan Peoples  Congress with the establishment of the Federal Republic of West Papua  which was announced by the DECLARATION OF THE PAPUAN NATION IN THE STATE OF WEST PAPUA.

10.    The government of the Republic of Indonesia and the governments of all other members of the United Nations, should without discrimination recognise and respect the democratic processes of the Papuan people at the Third Papuan Peoples Congress on 19 October 2011 in the form of the Declaration of the West Papuan Nation and State.

11.     The application of the treason law against the Papuan people must be categorised as a violation of the basic and legal political rights of the Papuan nation.

We hereby call on to the Honourable Judges in this forum to annul the trial held in order to accuse us of TREASON and make similar charges against us. The solution to the independence of the Papuan nation which is our most basic political right must be sought by means of international mechanisms between the Federal Republic of West Papua and the Unitary State of the Republic of Indonesia, mediated by the United Nations.

In order to regulate the transfer  of sovereign powers from the Unitary State of the Republic of Indonesia to the Federal Republic of West Papua, we intend to initiate a new phase of cooperation  based on the principles of democracy,  justice, peace, mutual respect and dignity. As is customary between independent and sovereign nations and states on Planet Earth.

Herewith our statement of REJECTION OF THE TRIAL BEING HELD TO ACCUSE  US OF TREASON AND SIMILAR CHARGES.

Jayapura, 30 January 2012

Signed:

1. Forkorus Yaboisembut, President of the Federal State of West Papua.
2. Edison G. Waromi, SH, Prime Minister of the Federal State of West Papua.
3. Agust M. Sananai Kraar, SIP,human rights activist/staff
4. Selpius Bobii, activist/staff
5. Dominikus Subarat, activist/staff


Lawyers urge Australian Government to speak out over Papuan treason trials

Media Release

Human Rights Law Centre and

International Lawyers for West Papua

1 February 2012

The Australian Government’s silence on human rights abuses in the region has once again been put in the spotlight, with the Human Rights Law Centre (HRLC) and International Lawyers for West Papua (ILWP) urging the Foreign Minister to speak up in defence of basic rights such as freedom of expression and assembly.

Criminal trials have commenced this week in Jayapura, against five Papuan political activists charged with criminal offenses following their involvement in last year’s peaceful assembly at the Third Papuan People’s Congress. The activists were among the hundreds of people arrested after Indonesian police and military forcibly shut down the gathering, killing at least three people and injuring approximately 90 others.

HRLC spokesperson, Tom Clarke, said the fundamental rights of all persons to freedom of expression, peaceful assembly and association are protected by International Covenant on Civil and Political Rights – which Indonesia ratified in 2006.

“These fundamental human rights must be recognised and respected by Indonesia. The exercise of such democratic rights and freedoms must be protected by law, not criminalised.

“Australia’s UN Security Council bid pitches us as a ‘principled advocate of human rights for all’. This is a prime opportunity for the Foreign Minister to take a principled stand against human rights abuses on our doorstep,” Mr Clarke said.

The Papuan activists, Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut and Selpius Bobii, are facing charges of treason in a region where people may be imprisoned for simply raising the West Papuan ‘Morning Star’ flag.

ILWP’s Jennifer Robinson called on the Australian Government to use its unique relationship with Indonesia to encourage the authorities to demonstrate their respect for human rights by dropping charges against the five activists.

“These trials should stop immediately, and Australia should do everything it can to help that happen. The prosecution of activists for peacefully expressing their political views has no place in a modern democracy. The Australian Foreign Minister, his department and embassy staff in Indonesia should make it very clear that the Australian Government firmly supports human rights and freedom of expression in the region,” Ms Robinson said.

Ms Robinson also called on the Australian Government to deploy embassy staff to observe the legal proceedings for the purpose of ensuring that the protesters receive a fair trial.

The trial is scheduled to resume on Wednesday 8 February.

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