Contents

• Prosecution of Peaceful Dissent Targets Papuans
• WPAT EXCLUSIVE: Kopassus Organizes Propaganda Offensive Targeting U.S. and others regarding West Papua
• Human Right Watch Describes Worsening Environment for Human Rights in West Papua
• International Journalists Condemns Security Force Targeting of Journalists in West Papua
• Military Officers Arbitrarily Arrest and Torture Civilians Based on False Claims of Rebel Activity
• Interpol Joins Indonesian Effort to Silence Dissident
• Trans-Papua Road Planned
• Jakarta Abuses Papuans through Denial of Essential Services
• Plans Advance to Create Central Papua Province

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.

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.

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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

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Human Rights Law Centre and

International Lawyers for West Papua

1 February 2012

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By Nick Chesterfield from West Papua Media with local sources

(Jayapura) The treason trial against the leaders of the Third Papuan People’s Congress in Jayapura was adjourned on Monday until February 8, after a short hearing that Indonesian authorities moved at the last moment preventing many supporters from attending.

The five defendants, President of the Federated Republic of West Papua (FRWP)  Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut and Agus Sananay were charged with makar or treason under Article 106 of KUHP (the Indonesian Criminal Code) for their declaration of an independent West Papua at the close of the Third Papuan People’s Congress on October 19 last year.

Papuan leaders accused of treason on trial in Jayapura, January 30, 2012

The historic Congress was violently broken up by Indonesian security forces using live fire and excessive violence, with at least seven people killed, hundreds beaten and tortured, despite official permission for the event to be held.  Indonesian security officers involved were given minor disciplinary sanction, with most perpetrators of violence enjoying complete impunity despite footage of the Indonesian security force violence being broadcast internationally.

Initial reports from witnesses inside the trial early in the day claimed that the team of judges argued with the defence legal team about the need to know the political position of the defendant’s, despite the fact that in a treason trial this would be self-evident.  Yaboisembut and Waromi then fundamentally rejected the charges against them, arguing that their actions were not treason“.

Forkorus Yobeisembut (Jakarta Globe)

According to Forkorus as reported by the Jakarta Post, “What we have been doing is seeking our own independence. Thus, we have cheated no one,”.  Forkorus argued that Indonesian occupation of his homeland was the real issue, and that ”this problem is not the problem of separatism and rebellion or treason”.  Both Forkorus and Waromi said that the issue of Papua should be tried in international courts as the Indonesian state did not have jurisdiction over Papua.

Forkorus Yaboisembut (Jakarta Globe)

in a short statement sent to West Papua Media, the defendant’s legal team said that the judge asked Forkorus and the accused understood the indictment.  “He answered that, yes, he understood what the prosecutors read but did not understand the charges of treason against them.”

“Forkorus then asked for time to read a statement to the assembly to process the rejection of the  law, (the request of) which was then approved by a judge.   Our attorneys will do the rebuttal (exception) to the indictment dated 8th February 2012,” according to the legal team led by Hamadi.

(Photo: Efraim Joteni)

Bintang Papua reported that another one of the lawyers for the accused, Gustaf Kawer,said that up to 32 lawyers from across Papua and Indonesia had offered pro-bono defence of the treason accused.  He said: ‘I am convinced that  the large number of lawyers who are attracted by the case is a good sign  of interest in the need to find a solution to the problem of Papua.’

Forkorus Yaboisembut and Edison Waromi media interview after trial.(Photo: Efraim Joteni)

The Panel of Judges hearing the trial are Chairman of the Jayapura District Court of Class IA, Jayapura, Papua, Jack John Octovianus, SH. MH,;  assisted by I Ketut Nyoman S, SH. MH. Syor Mambrasar, SH. MH. Orpah Marthina, SH. and Willem Marco Erari, SH.

Outside the court hearing, almost 400 hundred heavily armed riot police and a similar number of Army and Kopassus personnel were guarding the courthouse venue from dawn (0600) with close to a dozen armoured assault vehicles, mounted with heavy machine guns, according to participants.

Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)

Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)

Participants in the protest claimed to West Papua Media via SMS that security forces were acting in a heavy-handed manner, describing their actions as “wild and aggressive”.    “This display of armour  makes thousands of ordinary people in Jayapura traumatized and afraid to come to action,” said Jack Wainggai, the spokesman for the Prime Minister of the FRWP, Edison Waromi, on trial for treason today.  Organisers had aimed for several thousand people to attend, but amid heavy  Indonesian security that discouraged solidarity protests by West Papuan supporters of the defendants, only 500-600 braved the heavy armour and “state intimidation” outside the court.

Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)

Brimob outside makar trial (Photo: West Papua Media)

Brimob outside makar trial (Photo: West Papua Media)

one of almost a dozen armoured vehicles securing outside court venue Jan 30 2012 Jayapura (Photo: West Papua Media)

Despite promises by Indonesian authorities that the trials would be open, the presiding judges secretly started proceedings at 8.30 am before supporter could arrive.   In a press statement before the trial, Bintang Papua reported that Olga Hamadi of Kontras Papua said, “The five men will face charges under Article 106 of the Criminal Code for subversion. Based on past experience, there are concerns regarding security during the trial which will be open to the public, meaning that anyone wishing to attend the trial will be able to do so.”  Hamadi urged all present to restrain themselves and ensure that conditions surrounding the trial are conducive.

Speculation has mounted amongst local observers that the trial may be moved from Jayapura to metropolitan Indonesia to reduce any potential political flashpoint it will cause amongst pro-independence forces in Papua, with the prosecutor’s office formally warning of such a move should unrest occur.   Conversely though, any shift would create more opportunities for international observers to be present at the trial, a basic condition called for by the defence and international human rights monitors.

After the adjournment, the few hundred that did attend were able to disperse peacefully without an Indonesian security force crackdown, but tension still remains high in Jayapura as armed troops are still deployed on the streets the following day.

Elsewhere in Papua, solidarity actions were held with the treason trials against the Congress leaders.   In Manokwari, orations were held calling for international peacekeepers to be deployed to protect West Papuan people from Indonesian state violence.  Calls were also made in Manokwari  for neutral international mediators for dialogue between Jakarta and the Federated Republic of West Papua.

Westpapuamedia.info

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Free Political Prisoners, Amend Treason Law to Uphold Free Speech

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Opinion

by Herman Wainggai

On October 16-19, the Third Papuan Congress held historic meetings in Abepura, Jayapura in which the largest representative majority ever of West Papuans voluntarily united and participated as members of the nascent Federated Republic of West Papua within our civil society. However, on October 19th, while nearing the completion of the public declaration of our independence, the Indonesian military became violent and arrested hundreds of nonviolent West Papuans, including President Forkorus Yaboisembut and Prime Minister Edison Waromi of the Federated Republic of West Papua.

Congressional Hearings on West Papua, September 22, 2010 From left : Salmon Yumame, Forkorus Yaboisembut, Eni Faleomavaega, Edison Waromi and Herman Wainggai

Over the years I have worked alongside many activists and political leaders including Filep Karma, Forkorus Yaboisembut, Jacob Rumbiak and others. For instance, Edison Waromi is a colleague of mine who has spent his life as a nonviolent political activist working for West Papua’s freedom. He has made tremendous sacrifices in his personal life including numerous incarcerations within the substandard conditions of Indonesian prisons in Papua.

Edison’s prison history began in 1989 when he was imprisoned for twelve years; In 2001 he was jailed for six months; and in 2002 we were incarcerated together for two years. For Edison this amounts to 14 1/2 years in the past 23 years of his life. Now he is currently serving another 15 year prison sentence resulting from his arrest in October. The convictions for these political incarcerations are typical iterations of subversion; In the meantime he will continue to serve his 15 year sentence with nary a complaint, even with the awareness that his due process will likely be denied.

My hope is that I will see the day when West Papuans are no longer defined by their repression and victimization, but rather by their strength, courage, and tenacity to fight for justice.

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by Nick Chesterfield at Westpapuamedia.info with sources

West Papua’s civil resistance movement is believed to be organising major demonstrations to support West Papuan leaders facing treason charges in Indonesia’s courts on Monday, January 30.

Indonesian prosecutors will begin proceedings in Jayapura in the treason trials for the leaders of the Third Papuan People’s Congress (KP3), which decalred independence from Jakarta on October 19 last year, after which Indonessian security forces stormed the venue.  The President of the Federated Republic of West Papua Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut, Agus Sananay and Gat Wenda all face a battery of charges stemming from their involvement in the Third Papuan Peoples Congress, held for only the third time since 1961.

Papuan leaders are standing infront; Forkorus Yaboisembut S.Pd, Edsison Waromi SH .behind Dominikus Surabut, Gad Wenda, Agus Senandy Kraar and Selpius Bobii (Photos: West Papua Media)

Five of the six are charged with treason under Article 106 of KUHP (the Indonesian Criminal Code), and have also been charged under Article 53 for incitement to acts of treason, and Article 55 which states that even attempting to committ an act (in this case treason), even if unproven is the same as committing the act.  Gat Wenda is charged with carrying a concealed weapon. The use of these charges date back to the Dutch colonial times and were used extensively by the Suharto New Order regime to suppress nonviolent dissent.

Their trial will take place at Pengadilan Negeri Klas 1A (State Court 1A), according to a letter dated 17 January (reference 17/PEN.PID/2012/PN). The trial is due to start at 10:00am. The Hon. Jack Johanes Octovianus SH. MH. will be the presiding judge.

Indonesian police and soldiers stormed the Congress venue on October 19 after the independence declaration at the close of the Congress, killing at least 7 people, injuring hundreds and arresting as many as 800 participants. All but the six current detainees were eventually released, but ongoing crackdowns against Papuan nonviolent activists by security forces across Papua intensified in the weeks after the Congress, with several cases of arbitrary arrest and killings.

Papuan human rights activists have alleged, as Video footage of the attack clearly shows, Australian trained Detachment 88 anti-terror troops involved in the attack on unarmed congress participants. Six people were killed and over 300 were arrested.

All detainees were severely beaten by Indonesian police extensively in the weeks following the crackdown, with Yaboisembut sustaining multiple fractures including broken ribs and sternum, and was so badly tortured that he could not stand.

The Institute for Human Rights Study and Advocacy (Elsham) together with the Communion of Churches in Papua (PGGP) reported in said that at least 51 people had been tortured by members of the military and police during and after the Congress. Congress participants testified that they had been “beaten and kicked repeatedly by security forces both at the congress site and while being transported to police headquarters. Some participants said they were beaten at the police station.”

In mid December, when the Indonesian police finally charged the detainees with treason, their legal team rejected this unequivocally. As reported by Bintang Papua, well prior to the Congress the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the Minister for Legal, Political and Security Affairs Djoko Suyanto, requesting him to be the keynote speaker at the congress. Suyanto agreed and instructed the director-general of the ministry to open the congress, though he never attended.

‘How can this be said to be treason when there have been letters received from the police and the minister?,’ said the lawyers who stressed that all their clients had done was to express their opinions, rights guaranteed under Indonesian Law the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights.

An SMS sent to West Papua Media from the KP3 committee has called for the people of Papua to guard the results of the Third Papuan Congress and to hold the Indonesian state to upholding the due process of law.

There is a high likelihood that the six will not receive a fair trial, according to human rights monitors and the lawyers for the six.

The Papuan detainees have requested international observers, including an Australian Government representative be present at the trial and their lawyers have advised that it is possible. The six are all peaceful protesters who were exercising their right to free speech, according to legal observers.

Demonstrations of prayers, live music and vigils are planned to be held outside the courthouse during the trials, according to West Papua Media stringers on the ground in Jayapura. The KP3 COmmittee have called for people to “maintain an escort for the trial that is peaceful and dignified” and to remain united in the face of security force provocations.

West Papua Media stringers also report that Indonesian security forces have mobilised sigificantly to prevent any “disruption” of the treason trials, expected to be a flashpoint for further crackdown by security forces on peaceful dissent. Significant deployment of military hardware is expected on Monday which may provoke an already tense atmosphere.

West Papua Media will naturally report on any developments as they happen.

westpapuamedia.info

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-008-2012

ISSUES: Indigenous people; inhuman and degrading treatment; prison conditions

The Asian Human Rights Commission (AHRC) has received information regarding the condition of Kimanus Wenda, a political prisoner at Nabire prison, Papua, who has a tumor in his stomach and must be operated on. Although Indonesian law clearly notes that it is the state’s obligation to provide medical fees, the Papua legal and human rights department is refusing to pay for Mr. Wenda’s surgery due to a lack of funds. Moreover, the goverment is now claiming that Mr. Wenda does not require surgery, although local activists found the opposite to be true.

CASE NARRATIVE:

According to the information received from KontraS, ALDP and SKPHP, on April 4, 2003, at around 1am, there was a burglary at 1702/ Jayawijaya Wamena military district staff headquarters armory.

Eight perpetrators were arrested in connection to this theft: Yafrai Murib, Numbungga Telenggen, Enos Lokobal, Linus Hiluka, Kanius Murib, Kimanus Wenda, Des Wenda and Mikael Haselo. On January 15, 2004, according to the verdict declared by the Wamena district court, all the victims were found guilty for rebellion under articles 106 and 110 of the Criminal Code. Yafrai Murib and Numbungga Telenggen were sentenced to lifetime imprisonment, while the others were sentenced to 20 years imprisonment. Civil society considers this verdict to not be based on legal facts.

Since 2010, Mr. Wenda has had a tumor in his stomach and is constantly vomiting. He informed the health staff at Nabire prison but was not given any adequate response. On February 2, 2011, the Nabire hospital issued a reference letter regarding Mr. Wenda’s sickness and the need for him to be operated at Jayapura hospital. Two days later, Mr. Wenda’s legal counsel sent a medical leave letter to the head of Papua’s regional office of law and human rights and the head of Nabire prison, but received no response. On September 19, SKPHP met the head of Papua legal and human rights department but the department said it has no money and thus cannot pay for Mr. Wenda’s operation. This violates Indonesian law under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, which states that it is a state obligation to provide medical fees and treatment. While civil society is now gathering funds to pay for the operation in Jayapura hospital, it is not yet enough.

Furthermore, on December 16, at the hearings between KontraS and the ministry of law and human rights, the staff of Nabire prison said that based on their report and the statement of the prison chief, Mr. Wenda was seen playing volley ball in prison and therefore his stomach tumour is not dangerous and does not need to be operated in Jayapura hospital. However, on December 21, when local activists brought Mr. Wenda to be examined at Nabire hospital, John, the surgery doctor who examined Mr. Wenda, stated that the tumour is severe and should be operated as soon as possible. The government denial to treat Mr. Wenda has resulted in much civil society concern about his safety.

ADDITIONAL INFORMATION:
The AHRC has recorded that political prisoners, especially in Papua, face ill-treatment and torture in prison, as in the case of Fendinand Pakage, who was tortured by a Abepura prison officer in 2008, resulting in permanent damage to his right eye, and in the case of Buchtar Tabuni in 2009, also beaten and tortured by a Abepura prison officer. Political prisoners’ rights are bare fulfilled, especially the right to health, as seen by Filep Karma, who was neglected at Dok II Jayapura hospital although his ureter should be operated.

Furthermore, on August 28, 2007, Mikael Haselo, a political prisoner arrested and charged in the same case as Mr. Wenda, died after being treated at Bayangkara hospital, Makasar, South Sulawesi, due to the complication of some diseases, such as cough, enteritis, bronchitis and lung inflammation.

for suggested actions please visit http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-008-2012

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Wirya, the co-ordinator of the NGO Foker in Biak Numbir, said  that Enos Lokobal and his colleagues have been suffering from lumbago  and have been taken to hospital for treatment but they are still in pain.

According to Wirya, Jafrai Murib went to hospital to be treated for malaria. [Several types of malaria are mentioned here.] As a result of his condition, he has become very pale. Apok Lakobal has been ill since November last year. His right side is paralysed and he is unable  to move; the doctor at the hospital said that he has had a stroke.

After the ammunitions dump was attacked, Enos Lakobal was sentenced to fifteen years, while Jafrai Murib and Numbangga  were given life sentences.

[This has been abridged in translation owing to our inability to identify some of the illnesses mentioned in the article. TAPOL]

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Image via Wikipedia

JUBI, 27 January 2012

In the days before the special autonomy law for Papua (OTSUS), identity politics in Papua was focussed primarily on culture. It was his awareness of the richness of Papuan culture that encouraged Arnold Ap to set up his Mambesak group in the 1970s. [Not to mention the fact that he paid with his life for his activities.]

Brother Budi Hernawan, a human rights activist, said that the identity politics movement  had made some progress and was in the process of further development. ‘In fact,’ he said, ‘there are certain impacts of the inconsistency of the central government’s attitude towards the identity politics movement among the Papuans.’

He said that Papuan identity politics  emerged alongside the Indonesian identity politics movement  in the 1940s. But the way of defining Papuans referred to their tendency to being slender in build, dark skinned and with fuzzy curly hair as part of the Melanesian race; this led to the stagnation of this process.  At the core of the issue is the interaction between cultural and social issues, according to Brother Budi.

Cressida Hayes writes, in the 2007 Stanford Encyclopaedia of  Philosophy, that identity politics  has a far broader definition  and the theory has a far broader definition with regard to injustices that are encountered by people in certain social groups.

Rather than their being organised on the basis of ideology or party affiliation, identity politics is related to the group’s identity and of its not being marginalised  as a group as well as the question of belonging to the group in a much broader sense.

Demographically speaking, Papuans are no longer dominant in the land of Papua.  This has been reinforced by the role of capital  and limitations within the political sphere. While procedures are set in place to ensure that the head of region is an indigenous Papuan, no affirmative action has been taken by any legislative body to protect the interests of the indigenous Papuan people.

Apart from this, he said, Jakarta always bases its policies on economics and politics.The result is that there has been no comprehensive or ‘calm’ definition. ‘The word “calm”  is used here in the sense that the Dewan Adat Papua should be able to draft a definition of Papua-ness without being accused of being separatist or accused of subversion.’

Back in the days of President Abdurrachman Wahid,  the space being given to identity politics was broadening. Gus Dur, as he was affectionately known, granted permission for the Morning Star flag to be flown, which is regarded by Papuans as a cultural symbol, while at the same time stipulating that it should be held ten centimetres lower that the Red-and-White flag. But this has never been backed up by any government regulation.

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