A history of violence at Indonesia mine/AJE
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Investing in conflict-affected and high-risk areas is a growing concern for responsible businesses and investors. Companies based in developed countries often operate in lesser-developed foreign markets, where governance standards are lax, corruption is high and business practices are poor.
These pieces focus on one specific Anglo-Australian company and their American partner that jointly operate a mine in West Papua, one of the poorest provinces of Indonesia. The risks for the company include the potential to contribute to environmental and social damage in a foreign market. The risks for investors include financing a company that does not get its risk management right.
This is the third chapter of a four-part essay that examines how the Norwegian Pension Fund came to blacklist the mining giant Rio Tinto. The first part can be found here, and the second part can be found here.
In February 1995, Anglo-Australian mining giant Rio Tinto announced three deals that secured access into Grasberg, a massive gold and copper mine in the Indonesian province of West Papua.
First, Rio Tinto agreed to invest $500m of new capital in Arizona-based mining corporation Freeport for a 12 per cent stake in the US business. Second, Rio Tinto agreed to finance a $184m expansion of the Grasberg mine. In return, it received 40 per cent of post-1995 production revenue that exceeded certain output targets and, from 2021, a 40 per cent stake in all production. Finally, Rio Tinto would receive 40 per cent of all production from new excavations elsewhere within West Papua.
Rio Tinto was effectively doing business with Indonesian dictator Suharto, too.
In response, Freeport told shareholders that Rio Tinto would “contribute substantial operating and management expertise” through proportional representation on the board – as well as on various Grasberg operating and technical committees, from which the “policies established by the [board] will be implemented and operation will be conducted”.
Speaking of the “exceptional potential” of the deal, Rio Tinto’s then chief executive, Robert Wilson, agreed that“given [Rio Tinto's] experience in other major open-pit copper ore bodies such as Bingham Canyon, Palabora and Escondida, we anticipate considerable mutual benefit”.
Rio Tinto obviously liked how Freeport-Indonesia did business, especially at Grasberg.
US government: Grasberg contravenes the Foreign Assistance Act
By October 1995, an independent US government agency had cancelled Freeport’s international political risk insurance. The insurer, the Overseas Private Investment Corporation (OPIC), specifically cited the Grasberg mine operation as contravening the Foreign Assistance Act of 1961, which required that “overseas investment projects do not pose unreasonable or major environmental hazards or cause the degradation of tropical forests”. Freeport was the first policyholder to be terminated by the OPIC for ethical violations, despite President Suharto and Freeport director Henry Kissinger heavily lobbying the US government to reinstate the policy. Following OPIC’s decision, the company did not disclose the environmental performance of the mine again until 2003 – it no longer had to.
For a brief time in 2000 and 2001, a particularly sympathetic Indonesian environment minister, Sonny Keraf, pursued numerous avenues to impose penalties and fines on Grasberg, including an unsuccessful attempt to invoke the criminal section of the 1997 Environmental Law to cease Freeport-Indonesia’s riverine method of tailings disposal, by which the corporation fed the mine’s waste product into nearby rivers. Under pressure for his pursuit of the part-Indonesian-owned Freeport, Keraf was replaced following the 2001 election.
As Suharto’s reign came to an end, an increasing number of West Papuans also began to campaign against the environmental and social impact of Grasberg. Papuan leaders brought the matter before the US Federal District Court in April 1996 and before the Subcommittee on International Operations and Human Rights of the US House of Representatives in May 1999. Many more attempts, including one to address shareholders at Rio Tinto’s 1998 annual general meeting in London, were foiled by Indonesian authorities.
Building on restrictions introduced in 1991, the US government banned arms transfers to Indonesia for widespread human rights violations in East Timor in 1999. Consequently, Freeport’s payments to the Indonesian military and security forces were more closely scrutinised. The Wall Street Journal found that, between 1991 and 1997, Freeport guaranteed more than $500m in loans so that Suharto’s family and allies could purchase a stake in the mine – a great portion of which was written off by Freeport in 2003.
An outspoken Australian academic, Lesley McCulloch, also found that the 1996 Timika riots adjacent to the Grasberg mine led to a spike in monetary demands by the Indonesian military, resulting in the funding of a $35m army base. Freeport and Rio Tinto refused to disclose details of the payments.
A history of violence
Then in August 2002, two US teachers and an Indonesian employee of Freeport-Indonesia were murdered at the Grasberg mine complex. Following one rebel’s admission that he was a business partner of the Indonesian military, several New York City pension (superannuation) funds formally requested that Freeport disclose the nature of its Indonesian “security” payments. The shareholders were concerned that such payments violated the Foreign Corrupt Practices Act.
Although Freeport was not required to put the proposal to shareholders, the company did begin to disclose its security-related payments. Filings with the US Securities and Exchange Commission since 2001 have confirmed annual payments reaching an average $5m each year for government-provided security of the Grasberg complex and its staff – and fluctuating annual costs reaching $12m for unarmed, in-house security costs. A spokesman for the company later told the Jakarta Post that these payments had been taking place since the 1970s.
Sporadic accounts began to surface – in the Sydney Morning Herald, Jakarta Post, and New York Times - quoting internal sources that confirmed that the Indonesian had masterminded the killings to extort monies from the Grasberg operators. “Not surprisingly, the Indonesian military has exonerated itself,” US Congressmen Joel Hefley and Tom Tancredo said in June 2003. “American investigative teams, including the FBI, have not been able to complete their investigations mainly due to the Indonesian military’s refusal to co-operate and tampering of evidence.”
Freeport remained steadfastly opposed to later demands by New York City pension fund investors to cease all payments to the Indonesians until they complied with official US investigations into the August 2002 murders. At the 2004 annual general meeting, president and chief executive Richard Adkerson advised shareholders: “The management and Board believe that the stockholder proposal mischaracterises the company’s relationships with Indonesian security institutions and suggests actions that would undermine the company’s relationship with the Indonesian government and the security of the company’s operations.”
Despite the ongoing human rights and corruption concerns in West Papua – including a report by the World Bank and a letter by US senators to then UN Secretary General Kofi Annan calling for the appointment of a special representative to Indonesia – after a vote by shareholders, the resolution was not passed.
On March 23, 2004, Rio Tinto announced it had sold its 11.9 per cent shareholding in Freeport. Rio Tinto made a $518m profit. Citing no environmental or social reasons, Rio Tinto’s then-chief executive Leigh Clifford reassured shareholders that ”the sale of [Freeport] does not affect the terms of the joint venture nor the management of the Grasberg mine” and that through “our significant direct interest in Grasberg, we will continue to benefit from our relationship with Freeport”.
Rio Tinto remained committed to the mining of Grasberg and would continue overseeing its management through various operating and technical committees.
Sensational claims that illegal payments to individual soldiers, units, and policemen had been routinely made to secure the Grasberg complex and its staff came to light in 2005. A report by Global Witness revealed that an additional $10m had been paid directly to individual military and police commanders between 1998 and 2004. This included $247,000 between May 2001 and March 2003 to General Mahidin Simbolon, former head of the 1999 East Timor massacre, and monthly payments throughout 2003 to the police Mobile Brigade – a group cited by the US State Department as having ”continued to commit numerous serious human rights violations, including extrajudicial killings, torture, rape, and arbitrary detention”.
With the US arms trade embargo still in place, Rio Tinto had reassured the market that payments to the Indonesian military were “legally required and legitimate” only months before the news broke. Now Rio Tinto and Freeport-Indonesia came under even greater public pressure. At Rio Tinto’s next shareholder meeting, after several West Papuans refugees made statements to the board on Grasberg, shareholder activist Stephen Mayne suggested that “the most appropriate thing for Rio Tinto to do would be to exit”. After confirming that Rio Tinto’s contractual obligations would permit such a move, then-chairman Sir Rod Eddington informed shareholders that they “make a considerable effort to ensure that the best that Rio Tinto can offer to Freeport in the management of that venture is available to them”.
An Indonesian ministerial decree in 2007 demanded that the security of “vital national objects” – such as Grasberg – be handed over to the police within six months. Evidence obtained by world news service AFP suggests this is not happening. In a filing to the US Securities and Exchange Commission, Freeport disclosed additional direct payments of “less than” $1.6m in 2008 to 1,850 soldiers, despite the fact that 447 policemen make up the official number of personnel responsible for security at the Grasberg complex.
Unrepentant
The company’s 2008 Sustainable Development report confirms that Freeport-Indonesia makes contributions to “security institutions (including both police and military)”. Alarmingly, according to Amnesty International, as recently as 2008 there have been fundamental human rights violations such as the “torture, excessive use of force and unlawful killings by police and security forces” – reports that have subsequently been confirmed by the UN Special Representative of the Secretary General on Human Rights Defenders and the United Nations Committee against Torture.
“There is no alternative to our reliance on the Indonesian military and police,” Freeport chairman James Moffett said to the New York Times in 2005. “The need for this security, the support provided for such security, and the procedures governing such support, as well as decisions regarding our relationships with the Indonesian government and its security institutions, are ordinary business activities.”
Part 4 to follow next week.
This is an extract of a chapter from the book, Evolutions in Sustainable Investing: Strategies, Funds and Thought Leadership, to be published by Wiley in December 2011.
NAJ Taylor is a PhD candidate in the School of Political Science and International Studies at the University of Queensland, and casual lecturer in the Faculty of Law and Management at La Trobe University.
Follow NAJ Taylor on Twitter: @najtaylordotcom
Related articles
- The blacklisting of Rio Tinto – Opinion – Al Jazeera English (westpapuamedia.info)
- West Papua: A history of exploitation -Opinion – Al Jazeera English (westpapuamedia.info)
- The TNI Should Withdraw From Papua to Prevent Another Lacluta (westpapuamedia.info)
- Freeport Mine Managers turn rabid on Indonesian Grasberg Strikers (westpapuamedia.info)
- BBC: US Firm Freeport Struggles To Escape Its Past In Papua (westpapuamedia.info)
AP: Military Vows Crackdown in Papua Province [+Reject Calls for Referendum: Lawmaker]
From Joyo
also: JP: Reject Calls for Papua Referendum: Lawmaker
The Associated Press
August 4, 2011
Military Vows Crackdown in Papua Province
Indonesia’s army chief vowed Thursday to hunt down separatist rebels
after a swell in violence in the restive province of Papua killed two
soldiers and three civilians in less than a week.
They will be “chased down” and “cleaned up” by local military units,
said Gen. Pramono Edhie Wibowo, a day after gunmen shot a military
helicopter in the hilly district of Puncak Jaya, a rebel stronghold
and longtime hotbed of separatist violence.
The chopper had flown into the remote region to evacuate Fana Hadi, an
army private who was wounded during an attack on his post Tuesday
morning.
Gunmen opened fire as it passed a hill, killing Hadi with a shot to
his left rib, local military officials said.
That shooting followed the killings of one soldier and three civilians
Monday, shot and hacked to death during an ambush on their minibus and
taxi near the provincial capital of Jayapura.
Five other people were injured.
It was not immediately clear what sparked the uptick in violence.
Papua is a former Dutch colony on the western part of New Guinea. It
was incorporated into Indonesia in 1969 after a U.N.-sponsored ballot.
A small, poorly armed separatist group known as the Free Papua Movement has battled for independence ever since.
Nineteen people were killed in clashes between supporters of rival
political candidates in a seemingly unrelated violence Sunday. Because
of the violence, elections for district chief scheduled for Nov. 9
will be delayed, local media reported Thursday.
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The Jakarta Post [web site]
August 4, 2011
Reject Calls for Papua Referendum: Lawmaker
by Mariel Grazella
The chairman of the Papua and Aceh special autonomy supervisory team,
Priyo Budi Santoso, urged the government to send the military to Papua
if the referendum movement escalated to a mass rebellion.
Thousands of Papuans across the province have demonstrated to call for
a referendum on independence.
The demonstrations coincided with a series of attacks on police and
military posts in Puncak Jaya that have been blamed on the Free Papua
Movement (OPM).
“I urge law enforcers not to hesitate in taking firm action,” he said.
He added that if the situation escalated to rebellion, the “military
should be sent in if necessary”.
“We should remain persuasive but if the situation leads to [demands
for] a referendum; [we] should not hesitate in sending in the
military,” he said, adding that special autonomy was the “best formula
in addressing the problems of Papua”.”Therefore, I urge the government to firmly reject [the calls for a
referendum] because Papua is part of Indonesia and that is final,” he
added.
Related articles
- People’s Liberation Party slams activist’s arrest at Papuan independence demo (westpapuamedia.info)
- Photo Report: Mass ralllies show Papuans refuse to accept Indonesian Occupation (westpapuamedia.info)
- JG: Low-Ranking Soldiers Indicted Over Torture, Killing in Papua’s Puncak Jaya (westpapuamedia.info)
- West Papua – Indon Security Forces Fail in Attempt to Block Access for Demonstrations Across Papua, Militias on Streets in Jayapura (westpapuamedia.info)
Dogiyai villagers still in shock after Moanemani incident
A local man, Eli Petege said that all the inhabitants of four kampungs have fled their homes after being traumatised by the incident which led to the death of two inhabitants of Dogiyai.
‘Three kampungs evacuated but have now returned home, but they are still in a state of shock.’ He said that the four kampungs that had been affected by the incident were Ikebo, Kimupugi, Muniyopa and Ekemani.
During the tragedy in Moanemani which happened because a group of people were gambling, there were four casualties. The two men who died were Dominikus Auwa, 24 years, and Aloysius Waine, 24, while three others were seriously injured, Otniel Yobee, 26, Agus Pigai, 24, and Wilibrodus Iyai.
The material losses included three pigs, the destruction of six homes along with the furniture and two motorbikes.
Related articles
- The Indonesian State is responsible for the shooting of three civilians in Dogiyai (westpapuamedia.info)
- Two people shot dead in Dogiyai but no action has been taken to solve the case (westpapuamedia.info)
- Moanemani incident under investigation, say police (westpapuamedia.info)
- Students call on police chief to explain action regarding the shooting in Moanemani 3 months ago (westpapuamedia.info)
- Front Pepera: “Military and Police called upon to immediately restore sense of security to the people of Kamuu Valley” (westpapuamedia.info)
AHRC (INDONESIA): Delayed Criminal Code reform prolongs institutional use of torture
FROM ASIAN HUMAN RIGHTS COMMISSION
FOR IMMEDIATE RELEASE
AHRC-STM-083-2011
June 24, 2011
A Statement by the Asian Human Rights Commission on the Occasion of the International Day in Support of Victims of Torture, June 26, 2011
INDONESIA: Delayed Criminal Code reform prolongs institutional use of torture
Has the video showing military torture in Indonesia in October last year created any serious concern for torture in that country? In the video, members of the Indonesian military tortured two indigenous Papuans to obtain information about alleged separatist activities. While some of the perpetrators got a few months of imprisonment for disobeying the orders of their superior, nobody was punished for the torture committed, nor did the victims receive any compensation or medical treatment. The extreme practices shown in the video shocked the public even though numerous cases of torture had been documented by NGOs and the National Human Rights Commission for years.
Torture is frequently used by the Police and the Military to force confessions, intimidate or to obtain information. The infliction of severe pain by public officials for the above and certain other purposes is prohibited in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (full text in English, Bahasa Indonesia). This definition of torture and its prohibition also applies to Indonesia. Experts in and outside the country have repeatedly pointed out the neglect for institutional reform that the government has shown so far to effectively end this medieval practice.
Indonesia decided to ratify the Convention in 1998 and make it thus fully applicable into its legal and institutional system. While this may have appeared as a dedicated choice towards human rights, this promise from 1998 has never been kept. After 13 years, the government and parliament have failed to take even the basic key steps to end torture. As a result, torture continues to be applied.
What are the next steps to end torture? To make torture a crime! Amending the Criminal Code to make an act as defined in the international Convention punishable by law is a minimum requirement. Instead of fulfilling this requirement the government makes reference to maltreatment articles that actually only cover some parts of the problem as well as conduct guidelines for the police, which are neither promoted nor effectively enforced within the service.
Torture can be a convenient methodology for unprofessional members of the police force or the national military to “get things done”. Obtaining confessions, intimidating protesters, threatening minorities, producing quick case reports or to increase the income through bribes. Many dedicated staff in the national police, the national police commission and other related bodies have made considerable efforts to end this practice in their institutions but to support their efforts, more needs to be done.
Moreover, many see the use of torture as a legitimate and necessary mean to deal effectively with any wrongs ranging from petty crimes like theft up to organised terrorism. “Tough crimes need tough responses”, some may respond while forgetting that punishment is not part of the role of the police and military. Punishment for crimes is to be applied after a judicial process has established the guilt of the perpetrator and may then include imprisonment or other forms of non-violent punishments. But leaving an entire justice process in the hands of a police officer cannot be further away from fair trial and a just society.
Sunday June 26, 2011 is the International Day in Support of Victims of Torture. Indonesia has thousands of victims, probably more. Many of them have not committed any crime and the majority of them is poor or from marginalised groups. Persons undergoing serious torture often suffer from the post traumatic stress disorder syndrome, cannot sleep well, relate personally to society and are violated and broken in their heart and soul. Decades of medical research have shown how tremendous and long lasting the impact of torture for the body and mind are for the victims and often also for the perpetrator.
Justice does not need torture as the eradication of the practice proofs in other countries. In fact as long as torture continues in a society, violence prevails. This practice can end if the use of torture is effectively punished and fully prohibited. To fulfil the promise Indonesia made in 1998 to the Indonesian people the Criminal Code needs to be reformed immediately. The victims of torture need our support.
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
Related articles
- West Papua – Violence against indigenous women (westpapuamedia.info)
Warning: Distressing Images of the killing of Derek Adii, May 14, 2011
According to information from the Justice and Peace Secretariat of the Kingmi Church, Papua, a man called Derek Adii who had just completed his application for appointment as a civil servant in the sub-district of Deiyai, was maltreated by six members of the armed forces in the Nabire port area on Saturday 14 May.
He was beaten and stabbed and died as a result.
WARNING: THE FOLLOWING IMAGES OF DEREK ADII ARE HIGHLY DISTRESSING, BUT MUST BE PUBLICISED
Related articles
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The Indonesian State is responsible for the shooting of three civilians in Dogiyai
Press Release
The Indonesian State is responsible for the shooting of three civilians in Dogiyai
(JAKARTA, Friday, May 13th 2011) – The Anti-Militaristic Papuan Students’ Coalition urges the Head of the National Police to immediately dismiss the Heads of Papua provincial police, Nabire regency police and Moanemani district police after the shooting of three civilians that occurred in Moanemani district, Dogiyai regency, Papua.
This was stated by Frans Tomoki from the Anti-Militaristic Papuan Students’ Coalition during a press conference at the KontraS office, Jln. Borobudur No. 14, on Friday, May 13th.
According to Frans, shooting incidents have been occurring for nearly one month but haven’t been clarified yet. He also criticized the brutal behavior of the police officers who shot at civilians without warning.
“There must be a warning before shooting, but the police directly opened fire without thinking of the possible consequences. This can be categorized as a serious human rights violation.”
According to Agus Okama Kosay, human rights violation have been going on in Papua since the territory was forcefully merged into Indonesia. “From 1961 on there have been human rights violation and tensions keep rising.”
In the Reformasi era, all the more since the implementation of the Special Autonomy Law, human rights violations should have decreased. But this eventually didn’t materialize. As compared to the Ancient and New Order eras, the Special Autonomy era is even worse.
“Why do Papuan people think that the Special Autonomy is a total failure? Because human rights violations keep occurring and the central government never tried to solve this problem,” Agus explained.
The Anti-Militaristic Papuan Students’ Coalition also urges the international community to lobby the Indonesian government to take responsibility for the frequent serious human rights violations in Papua, including the shooting incident in Dogiyai regency.
Images of shooting sites, Dogiyai (IMages courtesy of witnesses on ground)
“The international community must lobby the Indonesian government to thoroughly investigate several human rights violations in Papua,” Agus added.
The shooting of three civilians by police officers took place on April 13th, 2011, around 1.30 pm. It began as police officers raided a togel [illegal lottery] kiosk in Moanemani market housing complex. They seized the money belonging to the togel vendor who was just known as an agent working in fact for police members.
A group of people refused this and followed the police car to the district police station. The upset police officers shot at three civilians and wounded two others, directly in front of the district police station. Dominikus Auwe (24), Otniel Yobe (26) and Agus Pigay (24) died, while two of their friends were critically wounded.
As a consequence, local people were angered and torched the Moanemani district police station as well as several kiosks belonging to migrants from other islands, including the illegal lottery kiosk operated under the names of First Brigadiers I Made Sudarsa and Eka. Papua provincial police sent two Brimob [Mobile Brigade] platoons to secure the area in Dogiyai and investigate the involvement of police officers but to date, no further clarification was provided. (**)
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- Front Pepera: “Military and Police called upon to immediately restore sense of security to the people of Kamuu Valley” (westpapuamedia.info)
- Papuan students in Jakarta call for end to murders of Papuan people (westpapuamedia.info)
- Two people shot dead in Dogiyai but no action has been taken to solve the case (westpapuamedia.info)
- More Mysterious Killings near Nabire (westpapuamedia.info)
Statement on Indonesia Intelligence Bill Drafting
http://idsps.org/english-news/pers-release/advocacy-coalition-on-indonesia-intelligence-bill-joint-statement-201104035746/
Indonesian parliament with the government plans to ratify the State Intelligence Bill draft to become the Law of Intelligence in 2011. Through a series of discussions that have been done by the parliament and government, Intelligence draft has undergone several changes.
From the beginning we give full support to the parliament and the government’s plan which will regulate intelligence institution through the establishment of the Intelligence Bill. However, discussion and ratification of the Intelligence Bill should become integral part of intelligence reform. In that context, the basic principles of democratic state should have been an inherent part of the Intelligence Bill.
We assessed that the draft of State Intelligence Bill that is being discussed parliament is not fully accommodate the principles of democratic countries and it raises serious issues against the values of democratic life of the country itself, including:
1. Intelligence definition
Article 1 point (2) states intelligence as a state government agency. Basically, the intelligence agencies are not government agencies but the instrument of the state. The definition has put intelligence position as tool of the ruler that works for the interests of rulers and not the instrument of the state which work for the benefit of its people. It’s very concerning since it is very likely intelligence can be used to spy on people in the interest of the ruler alone and not to the real enemy as Indonesia had experienced in the New Order era.
2. Intercept
The existence of refusal of court authorization requirement before conducting interception as mentioned in the explanation of Article 31 is not only potentially threaten citizens’ rights but also vulnerable to abuse (abuse of power) for the sake of economic and political power. Intelligence do need the authority to conduct tapping/interception, however, it must be done through a standardized and rigid mechanism and must have a clear prerequisite, such as the importance of getting court approval for conducting interception.
Referring to the decisions of the Constitutional Court No. 006/PPU-1/2003; No. 012-016-019/PUU-IV/2006; No. 5/PUU-VIII/2010, the Court believes it is necessary to establish specific regulation about interception on the level of State Law/Bill to prevent the possibility of abuse of authority for wiretapping and recording. Thus it is only appropriate that the discussion of the Intelligence bill conducted in parallel with the discussion of the bill on Interception in the interest of coordinating arrangements for intelligence ability to intercepts.
3. Secret Intelligence Information
Setting intelligence secret referred in Article 24 jo Article 39 of the Intelligence Bill draft still raises multiple interpretations and are vague. The multiple interpretations are threatening the freedom of information, freedom of the press and democracy itself.
4. Arrest (List of Revision given by Government)
Granting authority for the intelligence to arrest threatens human rights and damage criminal justice system mechanism. To grant the authority is tantamount to legalizing kidnapping using Intelligence Bill considering intelligence work is closed/covert and secret. It is important to remember that the state intelligence agency is part of the non-judicial agencies that are not included as part of law enforcement officers, such as police and prosecutors, therefore granting authority to arrest is wrong and can not be justified. In a country that respect rule of law, authority to arrest and detain is only obtained by law enforcement officials.
5. State Intelligence Coordinating Institution (Lembaga Koordinasi Intelijen Negara – LKIN)
State Intelligence Coordinating Institution (LKIN) as the new institution provided by this bill will be the agency that replaces the position of the State Intelligence Agency (Badan Intelijen Negara – BIN) that has very broad authorityy. In that case, LKIN should not have the operational authority and functions, such as making communication interception, checking flow of funds, and such. Implementation of operational functions should be handed over to existing intelligence agencies which have operational authority.
6. Oversight
Oversight mechanism in the National Intelligence Bill draft is only made in the form of parliamentary oversight by the House of Representatives held by the completeness of the House of Representatives in charge of intelligence oversight. There are no regulations governing internal controls, executive oversight, and legal supervision. At this point, the oversight conducted by the parliament should be performed by a separate intelligence committees within the parliament, namely by forming a new special commission overseeing the intelligence.
7. Organization and Role
From an organizational standpoint, the Bill draft did not adopt the State Intelligence structural differentiation and specialization of functions. State Intelligence Bill draft does not strictly divide the working area of foreign intelligence, domestic intelligence, military intelligence, and law enforcement intelligence.
8. Structure and Position
State Intelligence Bill draft also has not been able to separate accountability between the structures that is responsible for policy making with the structure responsible for operational in implementation of the policy. Ideally all security actors who serve as executors of the policy are under or become part of ministries/ministerial-level the structure, intelligence agencies are no exception.
9. Personnel and Recruitment
Associated with members of the intelligence, the State Intelligence Bill regulates vaguely of intelligence personnel. It is not regulated whether recruitment mechanism is either open or closed.
10. Code of Conduct and Prohibition
In addition, the State Intelligence Bill draft does not contain regulation or codes of ethic for intelligence that includes obligations, rights and restrictions for all activities and aspects of intelligence.
11. Making Intelligence a Civil Institution
This Bill draft has not incorporated the agenda of making intelligence as civil institution. Ideally in the era of democracy, all intelligence agencies are civilian and not active military, except for military intelligence. Until now, the State Intelligence Agency (BIN) is still filled by active military personnel despite the head of intelligence is civilian.
12. Rights of victims
State Intelligence Bill draft has not included the rights of victims, particularly those related to complaints of victims if there are intelligence actions that are deviate and caused serious problems for the implementation of the rights of people.
We urge the parliament and the Indonesian government not to rush in passing the State Intelligence Bill and provide space for the community to provide input and views on the efforts to improve the State Intelligence Bill draft, as provided in Law No. 10 Year 2004 on Procedures for Making Laws and Regulations.
We fully appreciate members of Parliament who rejected the plan on granting intelligence the authority to arrest in the Intelligence Bill. Ideally the formulation of the Intelligence Bill is to maintain a balance between the need for countries to guarantee and protect the freedom of civil society and human rights on one hand; and to guard and protect national security on the other.
Jakarta, March 28, 2011
Advocacy Coalition on Indonesia Intelligence Bill
Institutions:
Imparsial, Kontras, IDSPS, Elsam, the Ridep Institute, Lesperssi, Setara Institute, LBH Masyarakat, ICW, YLBHI, LBH Jakarta, HRWG, Praxis, Infid, Yayasan SET, KRHN, Leip, Ikohi, Foker Papua, PSHK, MAPI, dan Media Link
Individual:
Bambang Widodo Umar
We hope international network can help monitor and push Indonesian government to create Intelligence Bill that is accountable and respect the value of democracy.
We welcome every feedback and support from your organization around the world.
Have a nice day,
–
Regards,
–
Mufti Makaarim al-Ahlaq
Executive Director
Institute for Defense Security and Peace Studies
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Broadcasting Papua’s Songs of Freedom: Why the international community must support West Papua’s citizen media development
FREE THE PEOPLE? FREE THE MEDIA!
by Nick Chesterfield
A Paper presented at the University of Sydney Centre for Peace and Conflict Studies “Comprehending Papua Conference”, February 22-23, 2011. This paper will form a chapter of the forthcoming book “Comprehending Papua”, to be published in early 2011 by the University of Sydney Centre for Peace and Conflict Studies.
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It is almost a cliché today that peoples wishing to free themselves from tyranny are turning in huge numbers to citizen journalism both to tell their stories to the outside world, and to put a formidable brake on the out of sight, out of mind mentality that allows state organs to conduct constant abuse with impunity. The rise of citizen media is giving mainstream journalism the kick it needs to remember its core business of giving voice to the voiceless. In West Papua, the Voiceless are slowly discovering they can roar.
Just a few weeks ago an event occurred in Tunisia that was to be the spark for the pan-Arab awakening which has just seen yet another dictator ousted, now in Egypt. After a local trader immolated himself in protest against the Tunisian regime, citizen media succeeded in viralizing the news of this event. “We could protest for two years here, but without videos no one would take any notice of us,” said a relative of the martyred 25-year-old.
For media activists and journalists reporting Papua, this truth is self-evident, and its acceptance hopefully could ignite the spark of uprising in Papua. The opportunities presented by the Pan-Arab (and other) awakenings are not being lost on the young generation in Papua. Social media in Papua is buzzing, unafraid, with vibrant discussions of implications for Papua of the pan-Arabic revolutionary success. The reality is that a spontaneous awakening and mass politicisation of ordinary Papuans is completely inevitable, and it is being ably assisted by switched-on local people developing their capacity to tell the story to the world.
In researching for several stories over the last few months, my sources have told me in no uncertain terms that they are all ready for a trigger to explode the situation. The only thing holding back sustained mass action – revolution even – across occupied Papua is the constant bickering between exile groups, the actions of the collaborator elites, desperate to cling to the illusion that Jakarta is not there just to steal their land and send them to the moon, and for those who will put their own interests ahead of those surviving under occupation.
What is a mystery is how this mass consciousness will survive the elite and exile power games that are evident in most transitional polities throughout recent history (and is certainly present in West Papua today); whether those exiles will hijack the efforts of the young generation or listen to the actual wishes of their people; and if Jakarta can be trusted not to unleash the truly evil and deeply entrenched habitual brutality that is its only constant in becoming the new colonialists; or that they will claim their place amongst the civilised by not slaughtering those who want peace. History is a wise teacher, and its lesson is never trust the evil or greedy to reform of its own accord.
To keep these ugly realities in check, West Papua (and the international community) needs a determined, effective, vibrant and fearless citizen and professional media to deliver real-time accountability both internally and internationally.
Real time advocacy is vital for the international community to act to end Papua’s suffering. Human Rights advocates conduct scientific research into abuses, but because this information does not get out easily, the problems in Papua are only now getting known to the world.
I need to ask you all today an honest question: without the hard work of journalists in Papua and those outside assisting them to get their voice to international media, would Papua even be in people’s consciousness today? So why is the international arena concerned with West Papua falling prey to the disease of factionalism and Big Man syndrome, and not in assisting WestPapuan people to get their stories into the living rooms of the world?
Many loud mouthed exiles claim significant legitimacy, but baulk and splutter when asked to prove it. This has developed a culture of opacity across the exile movement. A strong and diverse citizen based media across Papua can easily counter exile’s game playing and false claims by ensuring credibility and honesty in social movements. It benefits and strengthens social movements too by giving the skills and practice for sharpening their message, and creating a powerful argument for international support for their aims. Strong domestic media also removes international government’s excuses for inaction, by seriously raising the credibility and verification bar.
If the international community is serious about improving the lives of Papuan people, it will help develop the capacity of the West Papuan media to tell the story of what is going on, and press Jakarta hard to allow immediate international media access. After all, with full accountability, what is there to be afraid of?
Largely in response to years of wilful ignorance and self-censorship of the Indonesian created horrors in West Papua by international media, many sectors of Papuan society spontaneously and independently began a dramatic take-up of social media technology, exponentially increasing since 2008. Blogs, social networking and online media outlets are being utilized all over the country, by a young generation of Papuans impatient for real change. Today’s mass Papuan movement is mainly urban, educated, innovative, nonviolence based, and embracing significantly the power of citizen and social media as a key plank of civil resistance strategy.
Very occasionally West Papua does get in the news, but only through the co-ordination between committed journalists and human rights workers working together and ear-bashing news editors.
Due to the ongoing ban by Indonesia on international media and humanitarian organisations having access to Papua, allegations of abuse are notoriously difficult to verify. While this ban remains in place, only the most dedicated journalists make the effort to go in undercover. West Papua Media has been proud to facilitate undercover trips into occupied territory to meet with many West Papuan people prepare to tell their own story. This is getting more difficult by the day so local people are working for a solution.
Live images, videos and online activism by Papuan people have already created tremendous momentum in action and awareness of Papua. By creating their own media, and their own narrative, Papuan people are reclaiming self-determination denied for so long.
Reporting in West Papua is a highly risky business. Journalists, Papuan and outsiders alike, are under constant threats for reporting West Papua, with four journalists dying in suspicious circumstance in 2010 alone. Anywhere journalists report fearlessly they are targets, but most journalists in West Papua simply put up with it, they have no other option. What can we do to lessen their risk?
Partly in response to this danger and partly to give local journalists a voice globally, West Papua Media (WPMA) (WestPapuaMedia.Info) was started. It aims to provide a professional service to international media covering West Papua, ensuring high quality, verifiable reporting gets into the international media, directly from the ground, and not from those who seek to distort the truth of daily experience in Papua. By reporting Papuan campaigns to end human rights abuses and bringing these unreported Papuan issues to the front page, we hope to hold the abusers to account. With an ever growing stable of committed and disparate voices from citizen media to professional journalists, West Papua Media is proud and excited to be part of this movement.
Some of our real time work has assisted directly in the prevention of mass acts of violence by the Indonesian security forces, such as our coverage and media advocacy fixing of the July 8-9 Otsus Gagal demos and occupation of the Jayapura DPRP.
Less than ten minutes before the deadline for dispersal of the 2 day rally of over 45,000 people, Indonesian security forces were forced to back down after a BBC report aired, organised by WPMA, which brought international attention the explosively dangerous situation. Extensive international diplomacy occurred in that 15 minutes and, together with the extreme discipline of the mass protest, enabled the protestors to peaceably leave the scene of the protest without violence.
WPMA has worked very hard raising the media profile of West Papua, with significant joint investigations with major media outlets breaking several key stories in 2010. None of this would be possible without deep trust from the people of Papua in reporting their stories. West Papuan citizen media, in conjunction with several colleagues here today, played a key role in alerting the world to deeply heinous cases of abuse.
One was the sourcing, verification and release of the deeply shocking leaked Kostrad torture videos of civilians in Puncak Jaya. The Kiwo incident neatly captures why the Indonesian military cannot be trusted to reform themselves from the inside, and why the role of a robust media is so critical in Papua.
The other was footage of Indonesian BRIMOB police taunting a former political prisoner Yawan Wayeni, having disembowelled him moments before for arguing with them. Both these videos showed the power of citizen media in activating international human rights networks to effectively raise the issue of Papua. Of course, there are many more videos in preparation for release.
A swarm movement cannot have a single media strategy, but media need to understand that it will get media out in its own way too. The media that had wilfully ignored West Papua’s voice for so long really has no right to dictate how information disseminates, and if it wants to get the stories before others, then it just has to move faster. Because it is new media techniques that have already, and will propel Papua onto the front page, to make people choke on their cornflakes.
Likewise, evidence dissemination also needs multiple, failsafe distribution routes: Single dissemination routes can easily be shut down or silenced. West Papuans have tailored their mechanisms to this very effectively; yet this is significantly frustrating outside journalists. According to many in mainstream media, West Papuans can be their own worst enemy when it comes to disseminating information. People on the ground do need to get smarter about media distribution strategies, but the media also must adapt to a social and cultural reality. West Papuan human rights and citizen media are not chaotic: they are maximising the potential audience for their information.
It is important to understand that no one faction or sector in West Papua can claim dominance or leadership of this mass movement. This is not Congress in India and there is no single Gandhi figure. Rather, this is a movement with thousands of Gandhis. The civil movement refuses to be based around a single leadership group, and instead features multitudes of groups and tribes all acting autonomously and independently (where everyone knows their role and works their hardest) but which is nevertheless unified under its collective goals.
Such a swarm structure can occasionally present difficulties for those who cannot think outside traditional top-down strategies for national change, which includes traditional media. Rather than being shut out of dialogue by the game playing of unaccountable elites, this type of structure encourages a longer lasting peace by enabling all actors to have their voices heard. It is also a natural strategy to employ in a nation where it is, for the most part, illegal to congregate in groups.
Other barriers for West Papuan media are much more easily solved with a bit of training, and understanding the enemy (this time the enemy being the unreasonable expectations of media executives far removed from reality).
One issue is the lack of speed with which many West Papuan media activists work, and whilst improving, an event on a day has to be filmed, edited, packaged and disseminated as fast as possible. There are issues of journalistic discipline and professional journalistic practice in new media; safe information gathering, abuse documentation and investigative journalism methodology; information quality assurance; protection of sources, and more.
Effective citizen and professional media training is required to develop awareness of major current and future challenges to safe information dissemination – these are all programs that the West Papua Media network is currently engaged in and it needs help to increase its capacity.
All of this costs money, and requires the international community to understand that the development of indigenous journalism in West Papua is crucial to the protection of human security and peace across the entire Asia-Pacific region. It requires international institutions in media and academia to get out of their cloisters and get muddy, to actually pool resources and help identify new sources of sustainable funding to start training journalists in innovative new media reportage techniques, and to support their work for the global human interest. As I said before, West Papua Media already has training programs ready to go, we just need the funds to make them happen.
In West Papua, as across the world, accountability is always the simplest solution to combatting impunity. An aggressive culture of investigative journalism must be encouraged, and the skills to enable it must be developed, to deliver that accountability, be it in human rights, against military business mafias and corruption, human security, environmental protections, etcetera, and to cover (and protect) the desires of a population to determine their own future, in both the current occupation and in any situation for the future. Both academia and international media must take a strong role in its development, to embed international protections to enable West Papua’s journalists and citizen media to report without fear, hindrance or threat, the stories that are important to West Papuan people and their freedom.
Our hope is that we have a really robust citizen media that can deliver accountability. We want to stop people from being afraid of speaking out, and we want West Papua’s voice to be its weapon, to broadcast its songs for Freedom.
Nick Chesterfield, editor at westpapuamedia.info, is a human security journalist and activist with extensive experience of the Papua issue through refugee protection, human rights, environmental protection, and citizen media work and safety training. He has conducted many field investigations in the West Papuan region since 1999. Together with citizen media and human rights workers from inside Papua, Chesterfield helped set up West Papua Media in 2008, to counter the wilful lack of coverage of West Papua by the international press.
INDONESIA: Widespread impunity in Papua aggravating tensions
Date: 22 February 2011 03:15:24 CETFOR IMMEDIATE RELEASE
February 22, 2011
ALRC-CWS-16-06-2011Language(s): English only
HUMAN RIGHTS COUNCIL
Sixteenth session, Agenda Item 4, General DebateA written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status
INDONESIA: Widespread impunity in Papua aggravating tensions
The Asian Legal Resource Centre (ALRC) is seriously concerned by ongoing, widespread human rights violations and violent acts being committed by the Indonesian security forces in the Papuan highlands in Indonesia. Impunity typically accompanies even the most serious abuses, as shown by the lack of effective remedies in a case of severe torture that the ALRC has documented recently. Despite institutional reforms in Indonesia, effective accountability for human rights violations in Papua is lacking, resulting in impunity that then engenders further atrocities.
Impunity and the sense of injustice that it engenders in society are having a strong impact on social stability and cohesion in Papua. Repression, discrimination and human rights violations by the Indonesian security forces are adding to tensions. Papuans reportedly feel like second-class citizens in Indonesia, even within Papua itself, and face discrimination, poverty and injustice as a result. The military arbitrarily suspect Papuans of being linked with rebel groups and stigmatise them, subjecting them to abuse.
Autonomy law rejected
The State has failed to provide justice and remedies and to bring prosperity and equality to Papua through the Special Autonomy Law, despite it being Indonesia’s most resource-rich region. Demonstrations in Jayapura, the capital of the Papuan province, have repeatedly rejected the Special Autonomy Law of 2001, with many civil society speakers having labelled it as being a failure. The autonomy parliament in July 2010 issued a decree formally rejecting the law and demanding a referendum on the political status of the autonomy region. The law was rejected mainly due to it having failed to deliver on any of the key demands of indigenous Papuans since its enactment. These include economic aspects but security and the need for protection against discrimination and human rights violations also figure highly.The repeated calls by Papuan politicians, church and other civil society leaders for a dialogue between Papua and Jakarta have not been responded to by the government. Given the ongoing grave human rights violations by Indonesian security forces and the deteriorating relations between Papua and Jakarta, the ALRC is concerned that the situation of human rights risks declining seriously in the coming period, unless Indonesia takes meaningful action to address its role in the worsening situation. To be credible in doing this, the Indonesian government and military must ensure that human rights violations are halted and impunity is shown to be being dismantled, with justice being served and reparation being provided to victims.
Torture and impunity – a symbol of abuse and injustice
In the high-profile torture case mentioned above, which remains emblematic of the situation of human rights in Papua at present, Mr. Tuanliwor Kiwo, an indigenous Papuan man, was arbitrarily detained and tortured in May/June2010 by the Indonesian military. Mr. Kiwo was arrested at the Kwanggok Nalime TNI post near Yogorini village on his way from Tingginambut towards Mulia, Papua, Indonesia. During two days of detention, Mr. Kiwo was subjected to several serious forms of torture including burning, beatings and other forms of violence, resulting in serious injuries and Mr. Kiwo falling unconscious. He was able to escape in the morning of the third day. Mr. Kiwo is currently in hiding for security reasons but has given a detailed testimony of his torture in a video recording.1
While cases of torture are often reported from Papua, this case received significant international attention after video footage of the torture2 was published by the Asian Human Rights Commission (AHRC) in October 2010. As a result of the significant public pressure concerning this case, three members of the military were tried in a military tribunal for disobeying their superior’s order to release the victim and were sentenced to between nine and twelve months imprisonment. The ALRC is concerned that the charge and punishment in this case are not commensurate with the gravity of the violation that severe torture represents. Furthermore, the victim has not been provided with any form of remedy. Despite its high profile nature, this case speaks to the Indonesian system’s inability to address torture as a serious crime and human rights violation, and its failure to provide adequate reparation to victims. In less visible cases, even less can be expected, and impunity typically prevails.
In another case of violence by members of the military in the March 2010, that was also published in October 2010, the perpetrators have received sentences of an equally disproportionately low nature. Three solders from the Indonesian military’s Pam Rahwan Yonif 753/Arga Vira Tama squad, based in Nabire, Papua, were given a five-month imprisonment sentence by the military court III/19, Cenderawasih military command in Jayapura in November 2010, for having kicked and beaten arrested indigenous Papuans whom they suspected of involvement in separatist activities. The names of the convicted officers are Chief Pvt Sahminan Husain Lubis, Second Pvt Joko Sulistiono and Second Pvt Dwi Purwanto. Military judge Lt. Col. Adil Karokaro explained in the verdict that the defendants had breached the Indonesian military’s code of conduct by torturing the residents.
The government of Indonesia continues to deny the widespread use of violence by the Indonesian military in Papua, and alleges that these violations are rare and isolated, individual cases. However, the ALRC continues to receive further cases of violence against indigenous Papuans, including killings by the police and military, arbitrary arrests, the burning of houses and killing of livestock, which point to a widespread pattern of the use of violence, as well as a policy of intimidation by the Indonesian military.
Human rights violations and other crimes committed against civilians by members of the military are still only tried by military courts, which lack independence, transparency, a comprehensive penal code incorporating human rights norms, and a system of punishments that are proportional to the severity of the crimes committed. A military tribunal is not able to hold perpetrators of torture accountable in line with international law standards. Such tribunals cannot invoke any military regulations that prohibit the use of torture. Therefore, perpetrators cannot be tried for committing torture and no remedies can therefore be provided to victims.
Furthermore, the country’s penal code does not include torture as a crime. This means that members of the police that commit torture remain immune from criminal prosecution. Indonesia is therefore failing to comply with its obligations under the Convention Against Torture. Indonesia ratified the Convention against Torture in 1998, but the use of torture is still widespread and systematic, as cases received and documented by the ALRC attest. The promised review of the penal code has been delayed for years despite recommendations made to the government of Indonesia, which it accepted, during the Universal Periodic Review in this regard.
From a human rights perspective, it is vital for Indonesia to immediately begin to take credible action to tackle impunity and be seen to be tackling it in an effective way. Jakarta must ensure that the security forces halt the use of excessive force and violence-based strategies in dealing with security-related issues in Papua. Allegations of human rights violations must be investigated and any lacuna in legislation and due process must be addressed. For example, torture must be criminalized in line with Indonesia’s international obligations under the Convention Against Torture. Military personnel who are alleged to be responsible for human rights violations against civilians must be tried in civilian courts.
The ALRC invites the Special Rapporteur on the independence of judges and lawyers to recommend institutional reforms to the government of Indonesia to ensure that members of the military are held accountable by independent courts that uphold human rights and constitutional values and ensure that these are made available to legislators in Indonesia.
The ALRC also requests that the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment follow up with the Indonesian government to ensure the full implementation of the recommendations made to Indonesia during the UPR review regarding the review of the penal code and the full criminalisation of torture.
Furthermore, the ALRC urges the Indonesian government to heed the call for dialogue made by the Papuan indigenous community and avoid a further deterioration of the conflict in Papua. Finally, the ALRC calls on the Indonesian government to release all Papuan political prisoners, in order to show its commitment to a new path towards peace, security and human rights in Papua.
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Footnotes:
1 http://www.youtube.com/watch?v=eX5CuZhFFCI
2 http://humanrightsasia.blip.tv/file/4446942/# # #
About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
International Human Rights Day 2010 – Download our pre-print PDF version of the annual reports here.
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Asian Human Rights Commission
#701A Westley Square,
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Hongkong S.A.R.
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367URL: humanrights.asia
twitter/youtube/facebook: humanrightsasia
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- A Veil of Silence is Killing Papua (westpapuamedia.info)
- AFP: Papuans Rally for Independence from Indonesia (westpapuamedia.info)
Police urged to say who shot Miron Wetipo
JUBI: 17 February 2011
A lawyer in Jayapura, Gustaf Kawer, has called on the police to be transparent and explain what happened to Miron Wetipo, who was being held in the Abepura Prison. He was shot dead by the police/TNI and Densus 88 during a sweeping operation and searches being undertaken by BTN Puskopad (an army unit).
‘The police must be transparent and explain publicly what happened to Miron Wetipo. All the more so since Miron was not the person who was behind the shooting in Nafri. The police should tell his family and the general public what happened,’ said Gustaf Kawer. He also said that it was important for the name of the peron responsible for the shooting to be made public so as not to cast suspicion on the whole of the police force.
‘They must have the courage to say who it was in the security forces who shot Wetipo. They cannot ignore this case because it involves a violation of human rights that must be resolved,’ he said.
Miron Wetipo was shot dead by forces of the police/TNI and Densus 88 while they were on sweeping operations and were searching the home in the location of BTN, Puskopad, in the district of Abepura, Jayapura, Papua. He was also thought to be a leader of the OPM and was involved in the shooting that occurred inNafri Kampung on Sunday, 27 November 2010.
[The article includes a photo of a poster saying: 'Who is it who murdered Miron Wetipo'.
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VIDEO: More Indonesian brutality against Civilians in Kapeso, 2009
WARNING: This video contains disturbing images of extreme brutality and will be disturbing to most viewers. Please complain to the Indonesian security forces if you do not wish to see this.
Indonesian military brutality and torture of West Papuan civilians is revealed in a video released today exclusively by West Papua Media.
The footage shows troops from Indonesia’s elite counter-terrorism unit Detachment 88, who receive Australian and US military training, engaged in a raid in late May 2009 on the Papuan village of Kampung Bagusa, at Kapeso airstrip in Mamberamo regency.
The footage, filmed by a Detachment 88 officer on his mobile phone, shows the immediate aftermath of the raid. The bodies of at least five dead villagers are visible on the ground and there is sporadic gunfire clearly heard.
The incident occurred at the end of a month long occupation of the remote airstrip by an local religious group, and was transformed into a demonstration of widespread pro-independence sentiment by an off-shoot of the TPN or National Liberation Army. Local military and police commanders sent troops to clear the airstrip, including the elite Detachment 88 force. Negotiations between local people and security forces broke down in confused circumstances, and security forces attacked all present. The aftermath of this operation is depicted in the video.
The footage shows Detachment 88 troops urgently taking cover behind desks in a pendopo (traditional ceremonial shelter) whilst under alleged attack. Curiously, whilst troops are allegedly being shot at by unknown shooters off camera, the solider continues to narrate calmly and film proceedings whilst he is standing up, exposed to alleged fire. This does raise the possibility that the entire proceedings are staged for the benefit of the camera.
Disturbing scenes at the end of the footage appear to show two Papuan children tied up and being forced at gunpoint to crawl along the floor by the Indonesian military. The footage continues to show them in apparent pain while the soldiers taunt them.
To date, no satisfactory transparent investigation has occurred of the events surrounding the Kapeso occupation and subsequent shooting of civilians by security forces. West Papua is routinely closed by the Indonesian government to International Media and Human Rights Observers.
Regardless of the circumstances of alleged armed provocations, Indonesian security forces are again displaying excessive force to civilians and non-combatants and in particular to children. Indonesia has ratified the Convention on the Rights of the Child, but has so far refused to ratify the Convention’s Optional Protocol on the involvement of children in armed conflict.
The footage is sure to raise further questions about the activities of the Indonesian military in West Papua, as well the involvement of the Australian military in training and arming those seen in this footage. The video was passed to West Papua Media via a member of the Indonesian security forces who stated that the circulation of this form of ‘trophy footage’ is rampant amongst troops operating in the region.
PLEASE NOTE: There is a translation error in the subtitles in this footage which is quite critical. At approximately 00:54 (seconds), where soldiers are pursuing West Papuan people, the dialogue is incorrect.
From a correspondent:
“”jangan dibunuh” is translated as “don’t get killed” but should be “don’t kill them”. It’s common to issue orders in passive register like that. It is followed by “diborgol” ie “handcuff them”. It’s a big difference, since it is suggestive of how often extra-judicial killings do take place – the soldiers on scene have to be reminded to NOT kill the prisoners. “
The video can be viewed at the following link: http://www.youtube.com/watch?v=VD0eFA4scTo
or watching below:
For all media enquiries please contact Nick Chesterfield at West Papua Media on wpmedia_admin@riseup.net or +61409268978
An Indonesian BRIMOB source today (Feb 9) sent West Papua Media these images of personnel from the Pelopor taskforce depicted in the footage above on their way via speedboat to conduct the operation to retake the airfield. The individual officer in the foreground of the upper image has been identified as the cameraman and narrator of the footage.
West Papua Media apologises for the low-quality of the footage due to it being filmed on mobile phone in low resolution
A higher quality version of the footage is available to media upon application under strict conditions; unfortunately YouTube automatically loses quality during upload. Please contact West Papua Media for arrangements
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IHRC: NZ must not stand apart on torture by Indonesia
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Indonesia Human Rights Committee,
Box 68-419,
Auckland
7 December, 2010
Media Information:
IHRC has written to Minister of Foreign Affairs, Murray McCully, and to Minister of Defence Hon Wayne Mapp to urge them to act over the West Papua torture scandal, a high profile issue at the time of the Foreign Minister’s October visit toJakarta. A widely distributed video clip of Indonesian military personnel perpetrating shocking torture on two men in the highlands of Indonesian controlled West Papua has put Indonesia’s lack of military reform under the spotlight. However,Indonesia has opted to try personnel involved in a separate less serious case of videoed abuse, in a blatant attempt to defuse international criticism.
“Mr McCully has an absolute obligation to follow this up as he was given personal assurances at the time of his visit that those responsible for the grave crimes depicted on the video would be investigated and held responsible. He should now act with the Minister of Defence to suspend military training ties with Indonesia in the face of this evidence of ongoing abuse and military impunity.
The letter to the Ministers follows: Maire Leadbeater: 09-815-9000 or 0274-436-957
Indonesia Human Rights Committee,
Box 68-419,
Auckland.
Hon Murray McCully,
Minister of Foreign Affairs,
Hon Wayne Mapp,
Minister of Defence,
Parliament Buildings,
Wellington.
7 December, 2010
Dear Mr McCully and Mr Mapp,
You are aware that there has been international consternation over the case of the Indonesian security personnel shown inflicting brutal torture on two highland Papuan men. The video clip, recorded in May 2010, depicted one of the men having a smouldering stick applied to his genitals while his companion was repeatedly threatened with a knife.
Minister McCully was visiting Indonesia at the time that the torture video was circulating and was assured by Indonesian Foreign Minister Natalegawa that the Indonesian government was ‘deeply concerned’ and would conduct a thorough investigation. I understand that a personal undertaking was given that the findings of the investigation would be presented ‘transparently.’
The Indonesian authorities accepted that the video was genuine, but instead of acting to investigate and try those responsible, they moved quickly to charge and tried military personnel who were responsible for a separate case of videoed abuse. This separate event took place in March and involved the beating and kicking of a number of bound villagers. The charges meted out to the military personnel responsible were relatively light – terms of imprisonment of seven and five months, scarcely commensurate with these brutal crimes against civilians.
The ploy has been described by some as a classic ‘bait and switch’ operation clearly timed and planned to deflect international scrutiny of the human rights record of the Indonesian security forces. Not only is there no indication by Jakarta of any intention to investigate and try the military officers involved with the more serious case of abuse, but a spokesperson from the Indonesian Defence Ministry told the Australian media that the case is now closed.
We understand that the Australian Government is continuing to put the case that the more serious torture case should be investigated in line with assurances given to Prime Minister Julia Gillard prior to her recent visit to Indonesia.
The Indonesia Human Rights Committee urges that New Zealand support Australia in its appeal for a full investigation and for those responsible for these grievous abuses to be held accountable. New Zealand should suspend its military training ties withIndonesia, in the face of such clear evidence of military abuse and ongoing military impunity
Tragically the events depicted in the videos are not isolated or unusual cases of abuse.
In the past week there has been an escalation of violence and several disturbing reports of security forces injuring and killing civilians. On November 28 a farmer, Wendiman Wenda was killed in Yambi, Puncak Jaya as he returned home from Church. The report we received said that he did not hear when the security forces called out to him, and when he did not respond he was shot.
On December 3, near Jayapura an escaped prisoner was killed in a violent police raid. Komnas Ham, the Indonesian Human Rights Commission has criticised the conduct of the raid which it described as ‘extra-procedural’. There are also other reports of recent violence including two Papuans being shot in Bolakme on December 1 and on December 4, a young peace activist, Sebby Sembon, was summarily arrested as he was about to board a plane.
In West Papua the right to dissent is not respected. Those who take part in peaceful demonstrations risk charges of ‘makar’ or rebellion and lengthy jail terms. Meanwhile those responsible for a documented case of extreme torture are escaping sanction.
New Zealand must not stand apart and we look forward to your response,
Yours sincerely,
Maire Leadbeater
(for the Indonesia Human Rights Committee)
AWPA (Sydney) Urges Moratorium on Australian aid to Detachment 88 torturers
SMH: Activist's death blamed on anti-terrorism squad 'abuses'
Activist’s death blamed on
anti-terrorism squad ‘abuses’
Tom Allard
http://www.smh.com.au/world/activists-death-blamed-on-antiterrorism-squad-abuses-20100914-15axa.html
September 15, 2010
Yusuf Sipakoly … ‘I have rights to express my opinion.’
JAKARTA: In his last interview, the Malukan political prisoner Yusuf Sipakoly, said: ”I believe the truth will surely arrive, although it walks slowly.”
Mr Sipakoly, who died on Monday, was one of many activists in the eastern Indonesian province to allege gross human rights abuses by Detachment 88, the Indonesian anti-terrorism unit partly funded by Australia.
Sentenced to 12 years in prison in 2007 for possessing a small separatist flag, the Herald spoke to him less than two weeks ago while he was in an Ambon hospital hooked to a dialysis machine.
”I was tied with nylon [by the Detachment 88 officers] and my head was covered with a bucket,” he said. ”Then they started beating me until I urinated in my underwear …
”Another police officer, not Detachment 88, hit me with a wooden block while another officer hit me all over my body.”
Mr Sipakoly also alleged he was forced to drink hot water infused with carbon paper.
The 52-year-old father’s subsequent kidney and stomach ailments were a result of the mistreatment, he said.
”I didn’t commit subversion; I never carried gun and pointed it at anyone or anything; I never launched any violent attack against the state, but I only wanted to prove that I have rights to express my opinion.”
Although no action was ever taken against those who allegedly beat him, Mr Sipakoly was among 70 people interrogated in 2007 and given long prison sentences.
Another dozen men were arrested last month for planning a peaceful protest and alleged similar abuses.
Yesterday the Indonesian police chief, Bambang Hendraso Danuri, confirmed police would investigate the new claims of torture, highlighted in a Herald investigation this week.
A prominent human rights lawyer, Johnson Panjaitan, said that despite several attempts to raise the alleged abuses with Indonesian authorities, this was the first time they had agreed to launch an investigation into the alleged abuses.
But he said the exercise was pointless unless the investigation was independent and undertaken by the Indonesian government’s human rights and police watchdogs.
“This is an important case,” Mr Panjaitan said.
However, Indonesia’s Co-ordinating Minister for Politics, Law and Security, Djoko Suyanto, said he doubted the claims were true.
Pax Christi International Statement on the Situation in the Papuan Provinces of Indonesia
Pax Christi International Statement on the Situation in the Papuan Provinces of Indonesia
Human rights issues arising from the transfer of the western half of New Guinea from Netherlands to Indonesia in the 1960s threaten to flare up again if Papuan concerns are not addressed peacefully.
Pax Christi International made a written intervention on the occasion of the 15th session of the Human Rights Council: 13 September – 1 October 2010.
The Human Rights Council should urge the Indonesian Government to enter meaningful negotiations with the leadership of the representative Papuan bodies without pre-conditions and under international mediation.
Recently, political tension in the Papuan provinces of Indonesia has increased, particularly over the past two months as Papuan people across all sectors have openly rejected the 2001 Special Autonomy Law (OTSUS). The high hopes for greater self governance brought about by the autonomy law, have withered away as its implementation is obstructed by the Indonesian authorities. From the start OTSUS has been hamstrung by delays in the Central Government’s empowering regulations and systematic interference by Indonesia’s political and military bureaucracies. Money allocated to the provincial government for development, education and health is being absorbed by a vastly increased bureaucracy as regencies grew from nine to thirty, each with its own military, police and intelligence agencies. Because these funds are depleted by corruption, the maintenance of buildings, public servants’ wages and military operations, healthcare and education are in serious decline. The hopes for greater self governance have also been swamped by the persistent migration from other parts of Indonesia which rendered the Papuans a minority in their own country. The ever growing numbers of police and military personnel, countering any form of Papuan opposition with severe and sometimes deadly force as well as the central government’s plans for clear-felling millions of hectares of rainforest can only confirm the fears of the Papuans for their very survival as a people. The rejection of OTSUS has been accompanied by public demonstrations, including one of more than 20,000 indigenous people in Jayapura on 8 July. Pax Christi International fears that such demonstrations of discontent by indigenous people will lead to increasingly violent suppression by the Indonesian authorities. Recent reports speak of “sweeping” operations in the regency of Punkak Jaya, the central highlands area in the vicinity of major mining operations. This practice, where military units focus on a particular area to “sweep” out any real or suspected resistance to the takeover of land or resources, was already a feature of the early years of Indonesian occupation of West Papua, resulting in extensive loss of life and destruction of indigenous infrastructure.
Full statement here: Pax Christi International Statement on the Situation in the Papuan Provinces of Indonesia
West Papua Report September 2010
West Papua Report
September 2010
This is the 77th 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://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com.
Summary:
More than a score of international non-governmental organizations called on President Yudhoyono to release Papuan Political Prisoners in commemoration of Indonesia’s August 17 Independence Day. Although the President did release and reduce sentences for convicted terrorists and common criminals on the national day, he did not respond to the appeal regarding political prisoners. The Indonesian Government has banned activities by Cordaid, a Dutch humanitarian organization that has aided poor Papuans for over three decades. The action is reminiscent of the Indonesian Government’s banning of International Committee of The Red Cross in West Papua in 2009. The Indonesian Commission on Human Rights and Papuan churches have urged the Indonesian government to reconsider its security approach in the Puncak Jaya region and address the growing violence there, including attacks on churches. The Indonesian government is under growing pressure to investigate the mysterious murder of a journalist in Merauke. Local police claim he committed suicide. The murdered journalist had built a reputation on investigation of illegal military businesses. The murder comes at a time of growing tension in the area as corporate interests seek to develop a massive food plantation. A video circulating widely on YouTube reveals the final moments of a Papuan bayoneted while in custody as he is taunted by the police.
Contents:
* International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners
* The Indonesian Government Blocks the Operations of International Humanitarian Aid Group in West Papua
* Komnas HAM Speaks out Against Security Forces Operations in Puncak Jaya
* Churches Call for an Investigation of Attacks on Churches in Puncak Jaya
* Government under Growing Pressure to Seriously Investigate Journalist’s Murder
* The Reality of Security Force Brutality in West Papua
International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners
Twenty five international non-governmental organizations have urged President Yudhoyono to release Papuan Political Prisoners. The August 16 letter which on the President to announce the release in the context of August 17 Independence Day celebrations. The letter also urged him to amend the Indonesian Criminal Code which criminalizes peaceful political protest and to investigate and prosecute prison warders guilty of abuse of these prisoners.
The NGO appeal noted that Indonesia’s incarceration of peaceful political dissenters violates Indonesia’s commitments under the International Covenant on Civil and Political Rights which Indonesia ratified in 2006. Indonesian authorities also have incarcerated Moluccans and others engaged in peaceful protest. There continue to be credible reports that political prisoners are being mistreated in custody.
President Yudhoyono has failed to respond to the NGO appeal though he did announce release of criminal prisoners, including those convicted of crimes of violence.
(See here to view full text of the August 16 letter and list of 25 signatories)
The Indonesian Government Blocks Operations of International Humanitarian Group in West Papua
The Jakarta Post, August 6, reported that the Indonesian government has banned Cordaid, a Dutch funding agency, from operating in West Papua. Cordaid has operated in West Papua for over three decades, assisting Papuan NGOs and the Papuan people more generally with a focus on social development and economic empowerment for the poor.
The ban came in the form of a refusal by the Ministry of Social Affairs to extend an existing Memorandum of Understanding that had expired in April of this year. The Government announcement that Cordaid must end its activities came in the form of a July 23 letter from the Social Affairs Ministry that responding to the standard request for an extension.
In rejecting the extension the Ministry, according to the Post, voiced suspicions regarding Cordaid’s exchange program between Papua and Mindanao, a restive region in southern Philippines –the program promoted participation of women in development from a faith-based and women’s perspective. The Government suspicions included purported Cordaid support for separatist elements.
In her written response to the Ministry, Cordaid sector manager Margriet Nieuwenhuis strongly denied that Cordaid helped Papua separatists. “The participants met only with Mindanao community groups and women leaders, not with political actors,” Nieuwenhuis said, adding that the program had been stopped.
The Jakarta Post reported that the July 23 letter also alleged that Cordaid had violated a “principle provision” in the memorandum of agreement with the Indonesian government. The letter claimed that “Cordaid has been involved in commercial and political activities by being a shareholder of Bank Andara and sponsoring the participation of a community group in the “Initiatives for International Dialog (IID).” The Indonesian ministry contended that IID supported secessionist movements in southern Thailand, Myanmar, the Philippines and Indonesia.” The government requested that Cordaid hand over ongoing projects to its local partners and neither expand the scope of the projects nor extend deadlines.
While adhering to the ban, Cordaid said its share in Bank Andara was less than 10 percent and that its participation in the program was directed toward support of microfinance institutions, particularly those with a strong focus on poverty reduction, helping clients who are considered too poor by other financial institutions to get loans.
The government’s policy to ban Cordaid was criticized by prominent human rights lawyer Totdung Mulya Lubis who said the decision was taken “too hastily” and without sufficient evidence. “It could set a bad precedent and lead outsiders to believe Indonesia is isolating Papua,” he said. Lubis pointed out that the government needed foreign donors to help develop Papua, one of Indonesia’s poorest regions. The Post quoted Lubis as observing that “to stop foreign social funding is akin to killing off NGOs in Papua, which almost entirely depend on overseas funding.
WPAT Comment: The decision to close the Cordaid office in West Papua parallels the decision to close down operations there by the International Committee of the Red Cross (ICRC) in 2009. Cordaid, like the ICRC, is seeking to negotiate its return to West Papua quietly. Shutting down the operation of these respected humanitarian organizations is consistent with the Jakarta policy to limit international assistance to Papuans who for decades have suffered from a dearth of basic humanitarian services and respect for human rights, areas of need that Cordaid and the ICRC respectively were manifestly addressing. The decision also is consistent with Jakarta’s long standing campaign to limit international awareness of Papuan suffering. Finally, it is noteworthy that closing the operation of these two organizations which have done so much good for Papuans was a decision taken exclusively by Jakarta with no involvement of Papuans. These two episodes underscore that the promise of “special autonomy” is hollow.
Komnas HAM Speaks out against Security Forces Operations in Puncak Jaya
The Papuan branch of the National Human Rights Commission (Komnas HAM) urged the Indonesian police and military to cease their military operations in Puncak Jaya district, in an August 11 statement by Mathius Murib, deputy chair of the organization in Jayapura. The public appeal came on the heels of a visit to the area by a Komnas HAM team to investigate recent incidents. The team, which Murib led, urged senior police officials in Puncak Jaya to initiate legal proceedings against all those persons or groups involved in the Puncak Jaya case from 2004 rather than simply employ armed force.
Murib noted that from 17 August 2004 up to August 2010 the inhabitants of Puncak Jaya have lived in a constant state of trauma because of reports that dozens of civilians as well as members of the security forces have been killed in Puncak Jaya. Murib urged that the police and the military immediately stop all operations to hunt people down in Puncak Jaya district and consider instead other ways of resolving the problems there. “We believe that force of arms or other forms of violence will never resolve these problems and will only lead to yet more problems and more casualties,” he said.
He also urged the civilian population in the area to remain calm, work together, and avoid being provoked by irresponsible elements. Murib said that Komnas HAM will be urging the district chief of Puncak Jaya as well as civil society, in particular the church, to draft a comprehensive account of developments during the current year. Murib explained that the role of the church in particular was important.
Churches Call for an Investigation of Attacks on Churches in Puncak Jayaa
Church leaders in the Puncak Jaya region on August 18 called for an investigation of shootings which have targeted churches in Puncak Jaya since 2004. Rev. Socrates Yoman, President of the Fellowship of Baptist Churches in Papua, called for creation of an “independent team” to investigate the attacks.
The Jakarta Post reported that Yoman’s call has been echoed by other Papuan religious leaders including the Indonesia Christian Churches (GKI) of Papua, Indonesia Bible Churches, the Kingmi Synod of Papua, the Catholic Diocese of Jayapura. All specifically call for an independent investigation of the attacks.
For its part, the Fellowship of Baptist Churches of Papua urged the provincial council and the Papuan People’s Assembly (MRP) to immediately invite the Governor and police and military chiefs to explain about the violence to the public and appealed to people to remain calm.
Government under Growing Pressure to Investigate Journalist’s Murder Seriously
The July 30 murder of journalist Ardiansyah Matra’is in Merauke and the failure of the Indonesian police to seriously investigate the crime has drawn growing criticism.
A police autopsy of the victim revealed that Matra’is was struck by several blows before falling into the water and drowning in Maro River, Merauke. The Indonesian police spokesman in Jakarta acknowledged that several of Matra’is teeth were missing and that there was swelling in several parts of his body, wounds likely to have resulted from his having been struck with a blunt implement. The Merauke police, however, rejected the announcement in Jakarta, saying that Matra’is had probably committed suicide.
Nezar Patria, the chairman of the Alliance of Independent Journalists (AJI) stated that the police should immediately investigate who murdered Matra’is, adding that it had sent a representative to visit Jayapura and trying to arrange a meeting in Jakarta with the national police.
Forkorus Yoboisembut, the chairman of the Papuan Customary Council, suggested President Susilo Bambang Yudhoyono to set up an independent team to investigate the murder of Matra’is as well as Ridwan Salamun, a Sun TV stringer in Tual, Kei Island, on August 21.
Yoboisembut told the Voice of Human Rights radio that many parties have interest in not having the police to seriously investigate the Matra’is murder. “I think if the case is investigated, many parties will be implicated, prompting the investigation to be delayed up to now, a month after the murder.”
Matra’is is the son of a Javanese transmigrant in Merauke. He worked mostly as a freelancer, including his latest work for the Tabloid Jubi website. He is survived by his wife and two children.
The Voice of Human Rights reported that Matra’is had earlier written reports on illegal logging around Jayapura as well as military businesses in Merauke. The killing transpired at a time of growing tension in the Merauke area associated with a plan backed by the local government and Jakarta to create a massive plantation. The “development” plan would severely impact local Papuans who rely on the forest and other lands that would be consumed by the project. Local opposition and local media coverage of that protest has been under growing pressure from local authorities. Some journalists received threatening text messages in the week during which Matra’is was murdered.
Complicating any effort to understand or resolve this crime is the infiltration of intelligence personnel into the ranks of journalists. The Voice of Human Rights named two men who had allegedly worked for the intelligence and infiltrated the Tabloid Jubi website. One of them is a Javanese man who originates from Rangkas Bitung, West Java, but went to college in Yogjakarta, who claimed that he is an NGO activist but also a car workshop owner, a crocodile skin trader and a political analyst. His writing revealed his Indonesian military-styled analysis about the failures of local elites in post-Helsinki Aceh and in Sarmi, Papua. He has disappeared from Papua after the Matra’is murder.
see also
* FORUM-ASIA, Imparsial, and AJI Condemn the Murders of Two Journalists in Indonesia
* IFJ Worried for Safety of Journalists in Papua As Elections Loom
* CPJ: Indonesian reporter dies; had received death threats
The Reality of Security Force Brutality in West Papua
Through much of August a video depicting the reality of Indonesian state security force brutality in West Papua has circulated widely on the internet. The stark YouTube video presents the last minutes of a Papuan man captured and then bayoneted by the Indonesian police (Brimob). In the video, as the man lies dying with his intestines spilling onto the ground, his head propped against a log, he is taunted and tormented by his murderers. “Oh God!” Yawan Wayeni cries a few times in pain. Instead of treating him, the policemen seen on the video continue to question and taunt him. The scene is reminiscent of the killing of Papuan resistance leader Kelly Kwalik several months later who bled to death from an untreated bullet wound to his thigh while in police custody.
see Al-Jazeera report on video – http://www.youtube.com/watch?v=wxHTpQho5es&feature=channell
The torture-murder of Yawan transpired in early August 2009 but the video of his final moments surfaced only in late July 2010. During the intervening 11 months the police failed to investigate the incident. Only in the wake of the surfacing of the tape and growing international outrage did the police move to investigate. But even that tardy explanation has been inappropriate with police threats and intimidation aimed at any potential witnesses including Yawan’s wife and young family. The evidence the police have sought to suppress incriminates Yawan’s captors: Yawan was seized without a weapon and was hobbled by a bullet wound to the calf. He was secure in police custody at the time a bayonet was thrust into his abdomen.
Yawan was no stranger to the Indonesian authorities and was on a police blacklist. He was the personal bodyguard of the Chairperson of the Serui Traditional Board, Yusuf Tanawani, a vocal critic of Indonesian policy. Yawan, 39, was also a member of the “Team of 100″ Papuan civil society leaders who in 1999 met with President B.J. Habibie at the Palace to demand independence for Papua. It was this group that 50 U.S. members of Congress proposed that President Obama meet with during his anticipated November 2010 visit to Indonesia.
At the time of his capture, as he breakfasted at dawn with his family in a potato patch on Yaopen Waropen islands, Yawan was also a wanted man. He had who escaped from Serui prison months earlier where was serving a nine-year jail sentence for state-alleged involvement in an armed raid against the employees of PT Artha Makmur Permai and the military post at Saubeba, Serui. According to the report of the Commission for Missing Persons & Victims of Violence (Kontras), during the raid the police found only Yawan’s wife and children in the hut. Yawan’s widow has stated that Yawan did not have a weapon. He had fled the breakfast site at their approach but returned when his children began crying in the presence of the heavily armed police at their garden hut. As he returned to the site of his distressed family he was shot in the calf and seized.
Chairman of the National Commission for Human Rights, Ifdhal Kasim has joined in a wide public outcry in Indonesia over the incident, insisting the “Police must investigate Yawan’s death and protect his family.”
AMNESTY INTERNATIONAL: End criminalization of peaceful political activities in Maluku
AMNESTY INTERNATIONAL
Public statement
AI Index: ASA 21/017/2010
19 August 2010
INDONESIA: End criminalization of peaceful political activities in Maluku
The decision to charge at least 22 political activists in Maluku for “rebellion” once again highlights the failure of the Indonesian government to distinguish between armed groups and peaceful political activists. Amnesty International urges the Indonesian government to release immediately and unconditionally the activists, who are all men, if they have been arrested solely for their peaceful political activities.
On 13 August 2010 the Maluku police announced that they were planning to charge the political activists with “rebellion” against the state (makar) under Articles 106 and 110 of Indonesia’s Criminal Code (KUHP, Kitab Undang-Undang Hukum Pidana). The police pointed to evidence which included possession of dozens of “Benang Raja” flags, a symbol of the South Maluku independence; Republic of South Maluku (RMS) membership cards; and photos and stickers of the independence flag.
According to local sources, the activists were planning to use the visit of Indonesia’s President, Susilo Bambang Yudhoyono, to Maluku in early August as an opportunity to disseminate materials related to alleged human rights violations there, including posters calling for the release of political prisoners in Maluku arrested for their peaceful political activism.
Amnesty International is also concerned about their safety in custody, as detained political activists are known to have been tortured and ill-treated in Maluku. The authorities must ensure that the men are allowed access to legal counsel of their choosing, their families and any medical treatment that they may require.
Background
The Republic of South Maluku (RMS), an armed pro-independence movement, officially ended in Maluku with the execution of its leader by the Indonesian authorities in 1966. However, some villagers continue to raise the “Benang Raja” flag there as a peaceful political act of protest against the central government.
Amnesty International has documented dozens of arrests in past years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Maluku and Papua.
Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or other political solutions.
The rights to free expression, opinion and peaceful assembly are guaranteed under the Indonesian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. While the Indonesian government has the duty and the right to protect life and to maintain public order within its jurisdiction, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.
In June 2007, 22 political activists in Maluku province were arrested for unfurling the “Benang Raja” flag while performing a traditional “Cakalele” dance in front of the President. After their performance, the police, particularly the anti-terrorist unit Detachment-88, detained all 22 of the dancers. They were tortured or otherwise ill-treated, charged with “rebellion” under Articles 106 and 110 of the Indonesia Criminal Code and are serving sentences of between seven and 20 years’ imprisonment. Amnesty International considers them to be prisoners of conscience. A twenty-third dancer, also a prisoner of conscience, was arrested in June 2008 and sentenced to four years’ imprisonment in March 2009.
ENDS/
Public Document
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For more information please contact Amnesty International’s press office in London, UK, on +44 20 7413 5566 or press@amnesty.org
Amnesty International, 1 Easton St., London WC1X 0DW, http://www.amnesty.org
For latest human rights news view http://news.amnesty.org
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Open Letter to President of Indonesia on Papuan Political Prisoners
*c/o PO Box 21873
Brooklyn, NY 11202 USA
*etan@etan.org
August 16, 2010
Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail
Dear President Yudhoyono:
As Indonesia’s National Day on 17 August approaches, we the undersigned non-governmental organizations engaged in the defense of human rights in Indonesia are deeply concerned that dozens of Papuans are incarcerated in prisons in Papua and West Papua simply for having been involved in non-violent demonstrations or expressions of opinion.
In most cases, these prisoners have been sentenced under Criminal Code Articles 106 and 110 regarding “rebellion.” These articles are a legacy from the Dutch colonial era and are in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”
Moreover, Articles 106 and 110 are inconsistent with your country’s
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the
ICCPR (article 19) notes that these rights are subject to certain
restrictions “for the protection of national security and of public
order or public health or morals,” the 1995 Johannesburg Principles on
National Security, Freedom of Expression, and Access to Information
identify clear standards for application of national security
restrictions. These Principles provide that persons should not be
restrained for expressing their opinions. Governments should only take
action against such expression of views on the grounds of national
security if they can demonstrate that they would incite acts of imminent violence. The prosecution of the aforementioned Papuan political prisoners has offered no evidence of any such threat of imminent violence in association with their physical or verbal actions.
While we strongly believe that none of these prisoners should have been prosecuted in the first place, we are also deeply concerned about the disproportionately harsh sentences imposed on these political prisoners given their non-violent acts. One prisoner arrested in 2004 and charged under these articles is serving a 15-year sentence while others have been given sentences of three or four years. Moreover, there have been alarming reports of maltreatment of the prisoners by prison warders and the lack of essential medical facilities. In one case, a prisoner with a serious prostate disorder had to wait eight months before being allowed to travel to Jakarta for essential treatment recommended by the local doctor. Severe Beatings of prisoners and detainees are frequently and credibly reported.
We the undersigned have on a number of occasions welcomed the democratic progress in Indonesian since the fall of the Suharto dictatorship, inspired by the Indonesian people. We recognize that this progress had been achieved despite frequent threats by the as yet unreformed Indonesian security forces.
In view of the tradition to mark Indonesia’s National Day on 17 August
by announcing the release of prisoners and bearing in mind the
restriction on essential freedoms such as those contained in Articles
106 and 110 of the Criminal Code we respectfully call on you to mark
this year’s celebrations by:
* releasing all Papuan political prisoners, including those already
convicted and those waiting trial;
* securing the deletion of Articles 106 and 110 of the Criminal Code;
* ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.
We look forward to your response.
Sincerely,
Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/
Timor-Leste National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia /Action/ Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvölker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La?o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany
Komnas HAM calls on security forces to halt military operations in Puncak Jaya
Bintang Papua, 11 August 2010
Komnas HAM calls on security forces to halt military operations in Puncak Jaya
The Papuan branch of the National Human Rights Commission (Komnas HAM) has called on the police and the army to immediately end their military operations in Puncak Jaya district because they will never solve the root of the problems in the area.
The Komnas HAM statement was made public at its office in Jayapura by deputy chairman Mathius Murib on Wednesday.
He said that from 17 August 2004 up to August 2010 the inhabitants of Puncak Jaya have lived in a constant state of trauma because of reports that dozens of people as well as members of the security forces have been shot dead and murdered in Puncak Jaya. ‘As a result, the people there are traumatised and unable to carry on with their activities, with some of them leaving the area in search of tranquillity elsewhere.’
Murib said that in order to avoid further casualties, the police and the army (Polri/TNI) should immediately stop all operations to hunt people down in Puncak Jaya district and consider other ways of resolving the problems there.
‘We believe that force of arms or other forms of violence will never resolve these problems and will only lead to yet more problems and more casualties.’
He also urged the civilian population in the area to remain calm and consolidate their efforts so as to be able to function normally, and to avoid being provoked by issues coming from irresponsible elements.
Murib said that Komnas HAM will be urging the district chief of Puncak Jaya as well as civil society, in particular the church, to draft a comprehensive account of developments during the current year.
He said that the role of the church was important because church mediation has been able to solve a number of problems in the Land of Papua, and moreover those involved in the conflict were all members of the church.
The Komnas HAM team which has just returned from Puncak Jaya has also called on senior police officers in Puncak Jaya to initiate legal proceedings against all those persons or groups deemed to be involved in the Puncak Jaya case from 2004 up to 2010.
‘The Puncak Jaya case is not a new case and thereforre all individuals or groups involved in the case for the past six years should be brought to account in accordance with the laws in Indonesia,’ said Murib, who has just returned from Puncak Jaya where he conducted investigations.
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HRW: Indonesia: Free ‘Balloon Activists’ in Ambon
HUMAN RIGHTS WATCH
Indonesia: Free ‘Balloon Activists’ in Ambon
Ill-Treatment of Political Prisoners in Earlier Episodes Raises Grave Concerns
http://www.hrw.org/en/news/2010/08/10/indonesia-free-balloon-activists-ambon
August 10, 2010
Related Materials:
Prosecuting Political Aspiration
Indonesia: Stop Prosecuting Peaceful Political Expression
Indonesia’s Not-So-Well-Kept Secret
Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons. The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.
Phil Robertson, deputy Asia director at Human Rights Watch
(New York) – The Indonesian authorities should immediately release the activists for Moluccan independence arrested in Ambon at the beginning of August 2010, Human Rights Watch said today. The activists were allegedly planning to float banned Moluccan independence flags attached to balloons to protest an August 3 visit by President Susilo Bambang Yudhoyono.
Local sources reported that between 7 and 15 activists were arrested in connection with balloon launch plans to express political opposition to Indonesian rule in the Moluccas Islands. The police reportedly confiscated as evidence 133 posters that read “Free Alifuru and Papua Political Prisoners,” two copies of the June 2010 Human Rights Watch report “Prosecuting Political Aspiration,” 17 separatist Southern Moluccas Republic (Republik Maluku Selatan or RMS) flags, and one 12-pound gas cylinder to be used to fill the balloons. Yudhoyono was in Ambon to open the “Sail Banda” event, organized by the Tourism Ministry and the Moluccas Islands government to promote tourism in the Banda Sea.
“Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons,” said Phil Robertson, deputy Asia director at Human Rights Watch. “The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.”
Human Rights Watch expressed grave concern that past torture and ill-treatment of political prisoners in Ambon puts the recently detained activists at serious risk. The detainees should have immediate access to family members and legal counsel, Human Rights Watch said.
Those arrested include Benny Sinay, Izak Sapulete, Andy Marunaya, Edwin Marunaya, Ongen Krikof, Marven Bremer, Steven Siahaya, and Ony Siahaya. Jacob Sinay, who lost his civil service job in December 2009 because of his political activism, is also being held. Most were arrested at their homes on August 2 and 3. Some were also arrested because they publicly unfurled the separatist RMS flag in some places in the archipelago, including on Ambon and Saparua islands.
Observers at the Sail Banda event in the Yos Sudarso seaport in Ambon described what they considered to be a very large deployment of police officers and military personnel. The security forces apparently sought to prevent a repeat of Yudhoyono’s June 29, 2007 visit, when 28 local Moluccan dancers were able to enter the Ambon stadium, dance the cakalele war dance, and unfurl the RMS flag.
More than 70 men were arrested after the 2007 dance. Many were tortured after being handed over to Anti-Terror Unit 88 forces based in Ambon. The Ambon district court convicted more than three dozen of them, including the dance leader Johan Teterisa, of treason and sentenced them to prison terms ranging from 5 to 20 years. Teterisa was sentenced to 15 years and is in the Malang prison in eastern Java.
Human Rights Watch expressed concern that Ambon authorities confiscated the recent Human Rights Watch report, “Prosecuting Political Aspiration,” as possible evidence in a case against the activists. The report profiles the cases of 10 prominent Papuan and Moluccan activists currently behind bars for expressing their political views, and details ill-treatment they suffered in detention and violations of their due process rights.
In June, Human Rights Watch discussed the findings of the report in Jakarta with officials from the Law and Human Rights Ministry, the Foreign Affairs Ministry, and the National Commission on Human Rights. At least 100 Papuans and Moluccans are in prison in Indonesia for peacefully expressing their political views.
“By arresting the Ambon activists, the Indonesian authorities are repeating the very mistakes that raised doubts globally about Indonesia’s commitment to improving human rights,” Robertson said. “The government should release these peaceful protesters immediately and spare the country further international condemnation.”
Background
Human Rights Watch takes no position on claims to self-determination in Indonesia or in any other country. Consistent with international law, Human Rights Watch supports the right of all individuals, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.
Most of the current political prisoners in Indonesia were convicted of makar (treason) under articles 106 and 110 of the Indonesian Criminal Code.
However, freedom of expression is protected both in Indonesia’s constitution and international human rights law. The constitution in article 28(e) states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process, and convey information by using all available channels.”
In December 2007, the Indonesian government issued Government Regulation 77/2007, which regulates regional symbols. Article 6 of the regulation bans display of flags or logos that have the same features as “organizations, groups, institutions or separatist movements.” Both the Papuan Morning Star flag and the RMS flag are considered to fall under this ban.
The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, also protects the right to free expression. Under article 19, “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
