Buchtar Tabuni and friends are still in police custody
[Slightly abridged in translation by TAPOL]
Bintang Papua, 30 December 2010
Buchtar Tabuni and friends are still in police custody
Jayapura:
Two convicted prisoners charged with treason [makar], Buchtar Tabuni and Filep Karma, along with three other prisoners, Dominggus Pulalo, Alex Elopere and Lopes Katubaba are still in police custody. Buchtar and the others are in police custody and face charges of causing damage and incitement in Abepura Prison on 3 December 2010.
Confirming this in a press release on the security situation at the end
of 2010, Police Inspector-General Bekto Suprapto said that although
Buchtar and his colleagues were convicted prisoners and already serving sentences in Abepura Prison , they now had the additional status of facing new charges. ‘This means that their sentences will certainly be increased,’ he said. (sic)
The police chief said that with their removal from Abepura Prison,
conditions at Abepura Prison had improved. It was much easier now to
keep control of the prisoners in Abepura than it was when Buchtar and
the others were there, he was quoted as saying. ‘We have received
reports that the prison inmates are easier to control, they are more
obedient and now do as they are told, whereas before they were not easy to control.’
He said this was an indication that Buchtar and the others had been
inciting the other prisoners to be disobedient.
Asked about the number of prisoners who had escaped from the prison, he said that they were all on the wanted list [DPO] and their capture was the top priority for 2011 but he did not mention the number of prisoners involved. According to information from other sources, at least fifty prisoners have escaped from the prison.
He said that Buchtar and the others would face several new charges such as causing damage (Article 170) and incitement (Article 160), and could face up to seven years in prison.
When Bintang Papua requested permission to take photos of Buchtar and his friends in police custody, this was refused. The police officer said that this would only infuriate the general public.
As previously reported, Buchtar and his friends [allegedly] caused
damage after an inmate Wiron Wetipo disappeared from the prison and was shot dead by a joint patrol of the police and the army, while they were raiding a house in Tanah Hitam which is suspected as being the
headquarters of the OPM/TPN.
On hearing that Wiron had been shot dead, the six persons [not five
which is the number of names given in this article] now face charges for causing damage and inciting the other prisoners.
Filep Karma is serving a 15-year sentence while Buchtar is serving three years. The other prisoners are serving sentences of two or three years.
[Note how this senior police has no doubt that Buchtar and Karma will
be found guilty of the new charges they face. Such is the rule of law in Indonesia. - TAPOL]
Related Articles
- Filep Karma and Buchtar Tabuni to face charges ‘for damaging public property’ (westpapuamedia.info)
- Abepura prison director, staff, accused of violence towards prisoners (westpapuamedia.info)
- KontraS Papua: Press release on Recent Problems in Abepura Prison (westpapuamedia.info)
- Karma continues his hunger strike; KomnasHAM unable to visit Filep and Buchtar (westpapuamedia.info)
- Indonesia: Rights abuses against Papuan political prisoners | Mike Hitchen Online (angryindian.blogspot.com)
- West Papuan political prisoners denied food for 2 days (westpapuamedia.info)
AWPA (Sydney) Urges Moratorium on Australian aid to Detachment 88 torturers
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
****************************************
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
–
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
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.”
West Papua Report August 2010
West Papua Report
August 2010
This is the 74th 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. Beginning with this edition the West Papua Report will include a Bahasa Indonesia translation of the summary and subject titles. 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:
Fifty members of the U.S. Congress, under the leadership of House Foreign Affairs sub-committee chairs Faleomavaega and
Payne, have written to President Obama to express their deep concern about West Papua, noting indications of Indonesian
“slow-motion genocide” against Papuans. The Representatives strongly urged President Obama to give West Papua a high
priority in U.S. policy towards Indonesia and also called on him to meet with Papuans in his scheduled November visit to
Indonesia. The Obama Administration has announced it will open contact with the infamous Indonesian Special Forces (Kopassus), notwithstanding a decade old Congressional consensus against ties with that group unless and until that unit undergoes fundamental reforms. Papuan Political Prisoner Filep Karma told international media that U.S. support for Kopassus would only increase that units capacity to repress Papuans. An International Court of Justice opinion granting Kosovo the right to declare its independence would appear to have implications for Papuans pursuit of self-determination. Indonesian analysts assess that Indonesian central government unwillingness to dialogue with Papuans inevitably leads Jakarta to resort to its repressive “security approach.” Reports of abuse of Papuan prisoners in Indonesian prisons by their Indonesian guards continue. The Indonesian Seafarers Association has revealed Navy and Fisheries Ministry collusion with foreign fishing vessels illegally fishing in Papuan waters. The report also notes the role of foreign fishermen in the transmission of HIV/AIDS in Papuan ports of call.
Contents
• Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua
• U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua
• International Court of Justice Ruling of Kosovo Independence May Have Relevance for West Papua
• Jakarta’s Unwillingness to Dialogue with Papuans Endangers Peaceful Resolution of Papuan Claims
• More Reports of Prisoner Abuse in West Papua
• Indonesian Navy and Fisheries Ministry Collude with Illegal Foreign Fishing Vessels
Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua
The Chairs of the U.S. Congressional Subcommittees on Asia, the Pacific and the Global Environment, Rep. Eni F.H. Faleomavaega, and Chairman Donald M. Payne of the Subcommittee on Africa and Global Health have spearheaded an effort in Congress calling upon President Obama to “make West Papua one of the highest priorities of the Administration.”
As a result of their efforts, 50 members of the U.S. Congress signed a letter to the President stating that there is strong
indication that the Indonesian government is committing genocide against Papuans. Many of those who signed the letter are members of the Congressional Black Caucus. The signatories include men and women who fought for civil rights in America in the 1960s. In addition to the Congressional Black Caucus, many others who are long-time advocates of human rights joined this request to the President of the United States, including members of the Hispanic Caucus. The last remaining member of the Kennedy family in Congress, Rep. Patrick Kennedy from Rhode Island, also joined the letter to President Obama.
An August 1 press release from Representative Faleomavaega’s office notes that the letter to the President “suggests that slow motion genocide has been taking place in West Papua and reviews findings by human rights organizations and scholars who have conducted extensive research about crimes against humanity and genocide by Indonesian security forces.”
The press release also observes that “according to international agreements, other nations are legally obligated to intervene
when a genocide is in process and Members of Congress remain hopeful that President Obama and the U.S. State Department will hold Indonesia accountable.”
Members concluded their letter by encouraging the President to meet with the Team of 100 from West Papua during his upcoming visit, noting that President Obama has the opportunity to bring lasting change to this part of the world. While Papuan leaders have repeatedly tried to engage in dialogue with the Indonesian government, dialogues have failed to produce concrete results and Papuan leaders are now calling for an International Dialogue. In this context, signatories of the letter have asked President Obama to meet with the people of West Papua during his upcoming trip to Indonesia in November.
U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua
The U.S. government announced that it is resuming contact withthe Indonesian Special Forces (Kopassus). U.S. Secretary of
Gates, visiting Jakarta July 22, announced the decision with
caveats, noting that the resumption of contact would proceed “in
accordance with U.S. law, only on the basis of future reforms
within Kopassus.” Specifically, Gates told media that the U.S.
would undertake a “gradual, limited program of security
cooperation activities,” conditioned on “continued reform” (sic)
within Kopassus and the TNI. According to Gates, the engagement
“may be initially limited to including Kopassus officials in
“conferences and events involving non-lethal subjects like rule
of law, human rights and the military decision-making process.”
According to the 2001 Leahy Law, the the U.S. Administration can
not proceed beyond contact/consultations to actually resuming
training and weapons funding for Kopassus absent Indonesian
government action to ensure justice in any cases of “gross
violations of human rights” involving Kopassus personnel (past,
current or future). In the language of the law, “If the
Secretary of State has credible evidence that such unit has
committed gross violations” the U.S. Government is disallowed
from expending funds unless “the Secretary determines and
reports to the Committees on Appropriations that the government
of such country is taking effective measures to bring the
responsible members of the security forces unit to justice.”
Sign the petition opposing U.S. cooperation with Kopassus
The career fates of a number of prominent and not so prominent
Kopassus officers with credible claims of human rights
violations in their records have been and continue to be the
focus of much debate in Washington regarding U.S. aid to
Kopassus. In recent months the U.S. has quietly pressed for the
Indonesian government to scrub abusive officers from Kopassus’s
rolls.
One of the Kopassus officers upon the policy debate has focused
is Lt. Col, Tri Hartomo who was convicted in 2003 of the
“torture murder” of Papuan political leader Theys Eluay. Hartomo
was sentenced to 42 months in prison. That sentence, and even
shorter sentences handed down against the other six Kopassus
personnel convicted in the case, pale beside those handed out to
Papuans for nonviolent crimes such as displaying the Papuan
“morningstar flag.” Moreover, Hartomo upon release returned to
Kopassus ranks. General Sjafried Sjamsuddin, appointed deputy
Defense Minister earlier this year, is a Kopassus officer
similarly charged with egregious human rights abuses, notably in
East Timor. The U.S. administration’s casual claim that the
general was “only implicated’ and not “convicted” of numerous
human rights abuses begs the broader reality that Sjamsuddin,
like so many other senior Kopassus and TNI officers, has managed
to evade any trial for his behavior in Indonesia’s flawed
justice system. The U.S. administration’s willingness to look
the other way regarding Sjamsuddin contrasts with its decision
in September 2009 to deny Sjamsuddin a visa to visit the U.S.
The U.S. Administration’s decision to move forward to resume
ties to Kopassus notwithstanding its insubstantial reforms has
particular relevance for West Papua. Twenty percent of
Kopassus’s 5,000 personnel are stationed in West Papua. Human
Rights Watch, in a June 2009 report, documented continued
Kopassus human rights abuse targeting Papuans in the Merauke
area. Political Prisoner Filep Karma, convicted of non-violent
protest in 2001 and sentenced to 15 years imprisonment, told
media in late July that U.S. assistance to Kopassus would simply
increase the capacity of that unit to torture and kill Papuans.
see
• ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia’s
Kopassus Killers
• WPAT: Statement Regarding the U.S. Government’s Decision to
Resume Cooperation with Indonesian Special Forces (Kopassus)
International Court of Justice Ruling of Kosovo Independence May
Have Relevance for West Papua
The International Court of Justice ruled, July 22, 2010, that
the Kosovo 2008 declaration of independence from Serbia did not
violate international law. The decision flowed from the
submission of a question by the government of Serbia to the ICJ
which won the support of 77 members of the UN General Assembly
(including Indonesia). That initiative sought (unsuccessfully)
to secure an ICJ ruling that the Kosovo declaration was illegal
under international law.
The ICJ decision has drawn broad international comment, much of
it arising from the prospect that other cases involving
secessionist movements might be advanced by this “Kosovo
precedent.” The Kosovo case was the first case of unilateral
secession to be brought before the ICJ.
Thus far, there has been no systematic attempt to apply the ICJ
decision to the case of West Papua. Nevertheless, several
principles established within the ICJ decision may apply to the
call by some Papuan organizations and individuals for a Papuan
“right to self-determination.” These include the ICJ’s
acceptance of the presumption in international law that civil
and human rights, including the rights of minorities, should be
protected. A Dutch government submission to the ICJ in the
Kosovo case, for example, would appear to be relevant to the
West Papua circumstance: “The people of Kosovo had the right to
self-determination and secession from Serbia because the
Belgrade authorities systematically violated civil and human
rights of Albanians for years. International law thus allows the
proclamation of Kosovo’s independence.” The violation of Papuan
civil and human rights is well-established including by reports
of UN special rapporteurs, various governments (including annual
reports by the U.S. State Department) and respected
international NGOs and journalists.
A second principle established by the July 22 ICJ ruling of
possible relevance to West Papua addresses the “right to
self-determination” itself which the ICJ earlier found in the
case of East Timor to be jus cogens, a fundamental principle of
law accepted by the international community, and that this right
extends to all peoples, not only those emerging from a colonial
context. The right is also enshrined in Article 1 of the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
Indonesian is a party to both covenants.
Jakarta’s Unwillingness to Dialogue with Papuans Endangers
Peaceful Resolution of Papuan Claims
The Jakarta media in July reported on the deteriorating
prospects for peaceful settlement of a rising tide of Papuan
discontent over the failure of “special autonomy” in West Papua.
The July 29 Jakarta Post carried a report by Max Sijabat which
emphasized that efforts to address “long-standing problems” were
in “limbo” due to an absence of dialogue. Analysts cited in the
report drew special attention to the June 9-10 consultation in
Jayapura among 450 leading Papuans (see July 2010 West Papua
Report ) who urged among other things, formal rejection of
“Special Autonomy.” The report cited leading Papuan civil
society figure Benny Giay as noting that the consultation that
Special Autonomy funds “only enriched local elites, while most
indigenous people have been marginalized by immigrants or remain
isolated in the jungle.”
Statistics revealed by consultation participants underscored the
extent to which Papuans remain marginalized in their own lands:
Poverty among Papuans stands at over 81 percent while 70 percent
of residents with HIV/AIDS In West Papua are indigenous Papuans.
Underscoring Giay’s point regarding failure of special autonomy
to address Papuan needs, the consultation revealed that 95
percent of local budget funds “are spent outside Papua.”
According to the Jakarta Post, Agus Alua, spokesman for the
Papuan Peoples Consul (MRP), noted that Jakarta has declined to
draft regulations that would allow the Papuan MRP and the
provincial legislature to issue regulations, including
affirmative action for indigenous people and the settlement of
human rights abuses.
Muridan S. Widjojo of the Indonesian Institute of Sciences
(LIPI), who was assigned by President Susilo Bambang Yudhoyono
in 2005 to identify the most serious problems in Papua, spoke
candidly about the current situation. He told the Jakarta Post
that the Indonesian Government “should learn from now
independent Timor-Leste and the peace talks ending the war with
separatists in Aceh. In Timor Leste, he said, “we relied too
much on the Indonesian Military and the National Intelligence
Agency.”
As in the Suharto era, Jakarta has relied heavily on the
“security approach” to address Papuan discontent and, also as in
the Suharto era, has sought to hide the resultant suffering of
the Papuans behind a a curtain of restrictions that impede or
bar journalists and others from covering developments in West
Papua.
A July 27 Jakarta Post article, authored by prominent Papuan
religious leader Father Neles Tebay, argued that the symbolic
action of handing back the Special Autonomy law would complicate
an already difficult situation for the government, specifically
in its diplomatic efforts to convince the international
community that the autonomy law is fully implemented and has
improved Papuan prosperity.
More Reports of Prisoner Abuse in West Papua
The Jakarta Globe on July 12 carried a detailed report of a July
11 prisoner “riot” in Abepura prison. The violence reportedly
erupted after prison guards beat another inmate and stole his
money.
The report comments that “Abepura Penitentiary has a wretched
security record, with mass breakouts occurring regularly at the
facility. In May, 18 inmates escaped during a protest by
correctional guards over the sacking of then chief warden
Antonius Ayorbaba.
In June, 26 prisoners broke out by scaling down a prison wall
using a rope strung together with bed sheets. Only two inmates
have been recaptured.
“Several correctional guards refuse to cooperate with the new
warden, leading to gross derelictions of duty that have left
security at the penitentiary in an appalling state,” Nazaruddin
said after the June breakout.
Separate reporting of prisoner beatings, failure to provide
adequate medical care are common. A UN Special Rapporteur in
2007 detailed systematic abuse of prisoners. More recent
reporting by Human Rights Watch, Amnesty International and
others have reconfirmed those findings.
A resolution addressing the detention of Papuan political
prisoners is currently gaining co-sponsors in the U.S. Congress.
Indonesian Navy and Fisheries Ministry Collude with Illegal
Foreign Fishing Vessels
Papuans and foreign observers have long been critical of the
Indonesian government for failing to protect Papuan forest
resources which have been exploited, often illegally, with no
attempt by security forces to protect those resources. There are
many well documented reports of security force collaboration
with those involved in the illegal exploitation.
Recent studies by the Indonesian Seafarers Association (KPI),
reported in the July 28 Jakarta Post, document security force
failure to protect Papuan sea resources as well. The KPI study
revealed that although the Maritime Affairs and Fisheries
Ministry had stopped issuing permits to foreign fishing vessels,
thousands were still freely operating. The foreign vessels,
mostly from the Philippines, South Korea and Thailand, fish
illegally with impunity due to the failure of the Indonesian
Navy and Maritime Affairs and Fisheries Ministry ships to
protect Indonesian waters. Instead, “many Navy and Ministry
ships regularly patrol the waters – not to catch illegal fishing
vessels but to extort money from them,” according to KPI
chairman Hanafi Rustandi.
The Seafarers study also revealed that the government’s failure
to control the operation of foreign fishing vessels, contributed
to an increase in cases of HIV/AIDS in the country’s eastern
regions of Papua and Maluku. The KPI study revealed that the
highest prevalence of HIV/AIDS cases are in two fishing ports in
Maluku and in and Papua’s coastal regencies, including Merauke,
Mimika and Fakfak.
KPI Chairman Rustandi noted that foreign ships cost Indonesia
dearly in terms of fish, and have caused incalculable damage in
terms of facilitating the spread of HIV/AIDS in the region.
Socrates Yoman rejects police summons; Alleged OPM attack on civilian in Mulia
Bintang Papua, 8 August 2010
Translated by TAPOL
Yoman Socrates: Church is not subordinate to government or security forces
JAYAPURA: A summons from the police in Papua dated 7 August to Sofyan Yoman , in connection with a statement he made regarding actions of the army and police in Puncak Jaya will be ignored, he said.
Duma Socrates said no one should run away with the idea that the security forces, namely the TNI/Polri, are purveyors of the truth.This is the old way of thinking that has no relevance in the present era.
‘I will never respond to a summons to give clarifications to the police in Papua, as demanded in their summons of 7 August 2010.’ said the chairman of the Central Board of the United Baptist Churches in Papua.
Duma Socrates said that the statement he made, as reported in the media last Friday regarding the involvement of the security forces in the never-ending problem in the district of Puncak Jaya, along with data about their involvement is accurate.
‘What I was reported to have said is not rubbish. There is good reason for us to have made that statement, we have the data and we have the experience. The government and the security forces misrepresent the situation and they fail to understand us. We are not an ignorant people who are deaf, dumb and blind,’ he said.
The church, he said, is not subordinate to the government and the security forces. The Baptist Church is independent and autonomous. In the interest of the sacred spirit, the church will at all times voice the fate of its people who are voiceless and oppressed.
‘We continue to be amazed that the acts of violence that have been happening since 2004 in Puncak Jaya have continued to this day . Why have the security forces with all their intelligence agencies not been able to detect the people alleged to be from the OPM who are causing all this disruption?’
‘What we hope for is that the security forces should end this game that is going on in the Land of Papua, in particular by the police for its groundless summons to me, bearing in mind that I am part owner of this country and one of its legatees.’
He said that the police should stop summoning indigenous Papua. Let’s live together, side by side, as equals, respecting each other.’ Dont treat the creatures of the Lord like hunted animals, stigmatised, trivialising the people of God,’ he said.
He said that the time had come for this game-playing to end, in the interest of justice, peace and human rights.
—————–
Bintang Papua 8 August 2010
On the same day as the above report, BPapua reported that a ‘separatist armed group of the OPM shot a civilian named Atril Wahid in Puncak Jaya on 4 August. Fortunately the man was only hit in the leg and survived the attack. The man is now being treated in Mulia Hospital.
A spokesman for the police said that the perpetrator was equipped with a rifle. When the victim of the incident approached him to ask why he was coming to their kampung armed with a rifle, the person responded angrily and shot him from behind in the right leg.
Following the incident, the armed man disappeared into the forest while the victim, assisted by other villagers, was taken to the hospital.
The local police arrived on the scene to examine the site of the crime and are hunting for the perpetrator.
Maluku: Densus 88 continues repression of peaceful protestors
News Item from verified sources in Maluku
As Indonesian security forces continue to brutalise indigenous Melanesians peacefully and legitimately expressive their democratic rights in West Papua, Maluku is out of sight and out of mind. Yet the Australian armed and trained Detachment 88 counter terrorism paramilitary police are being deployed with increasing brutality against peaceful flagraisers in Maluku (ambon) as well as Papua. Please read the following received from Malukan human rights monitors:
“URGENT HELP NEEDED IN MOLUCCAS {S’O'S}
(Slightly abridged in translation)
The Banda Sailing event from Australia to Moluccas this year and the past few years before are used as a valuable moment. In this event the original Ethnic (people) are used as a mask to benefit the Indonesian government.
But actually the case is: The Ethnic Moluccans are oppressed Violently and without Humanity.
The Moluccans are suffering ill treatment from the Indonesian army, due to their assertion and introduction of the Original Culture of the Moluccas; The Moluccas people are separate from Indonesia, the Moluccas People had Proclaimed the Independence of the Republic Of South Moluccas since April 25,1950.
However the right of having a Nation and a Fatherland were carried away by the tyrannical Colonial Java who called themselves
Indonesia in November 3,1950.
By the Existence of Banda Sailing event,the Moluccas People are trying to Expose these happenings by raising up the flag of the Republic Of South Moluccas, but unfortunately this act has caused many Victims. The Indonesias army have captured our flagraisers ,and while you all read this report, those arrested are being tortured by the Indonesian army.
This following are the data collection of the Victims that are currently being tortured until this evening August 4 -2010.
There were eight (8) Moluccan captured and arrested by the NKRI armies (DENSUS 88).
Victims names:
1). Benny.Sinay
2). Izak.Sapulette
3). Andy.Maruanaya
4). Edwin.Maruanaya
5). Marven.Bremer
6). Steven.Siahaya
8). Ony.Siahaya
Through this data collection of proof;
We the Moluccas People with the humbleness of our heart asking the Intervention of the Australian Government,UN,USA and the Amnesty International:
PLEASE S’O'S to observe the Conditions which are now happening in Moluccas. Indonesia has transgressed THE LAW OF HUMAN RIGHT and because of this we urgently need Intervention to prevent the Indonesia program to eliminate the Moluccas people in our own land.
Herewith;
We the Moluccas People express Our thanks to all parties that we deeply hope to response this report,MAY GOD BLESS US ALL.
MENAMURIA.
“
Police disperse demonstrators in Manokwari
Manokwari (WEST PAPUA), August 2
Reports have surfaced from Manokwari that a demonstration organised by students from the University of Papua in Manokwari, together with West Papua National Authority and KNPB (West Papua National Committee) were dispersed by force by Indonesia paramilitary police.
No reports of injuries have been received, however, witnesses reported that banners were seized by fully armed DALMAS counter-terrorism police. The DALMAS anti-terror joint police/military unit, funded by the Australian government, is routinely deployed against peaceful protestors in West Papua.
One of the organisers of the rally, Markus Yenu, is still in hiding after receiving credible and sustained death threats from military intelligence figures. Organisers of the rallies in Manokwari are complaining that they are unable to peacefully express their legally guaranteed rights to free speech by the inappropriate deployment of Indonesian anti-terror police.
“People in Manokwari are questioning where are their right”s to free expression, when fully armed troops are stopping us from gathering peacefully”,said Markus Yenu, West Papua National Authority Governor in Manokwari, by telephone interview to West Papua Media Alerts.
Demonstrators have contented that August will be full of demonstrations calling for a return of special autonomy to Jakarta, and for internationally mediated dialogue on Papua’s future.
West Papua Media Alerts
HRW: US Resumes Military Assistance to Abusive Force Obama Administration Lifts Ban Despite Military’s Lack of Reform, Accountability
Reposting from HRW
http://www.hrw.org/en/news/2010/07/22/indonesia-us-resumes-military-assistance-abusive-force
Indonesia: US Resumes Military Assistance to Abusive Force
Obama Administration Lifts Ban Despite Military’s Lack of Reform, Accountability
July 22, 2010
Related Materials:
Letter to US Department of Defense Regarding US Military Assistance to Indonesia
Letter to US Departments of Defense and State Regarding US Plans to Reengage with Indonesia’s Special Forces
“What Did I Do Wrong?”
The Obama administration has just failed a key test. This is not the way to encourage reform with a military that has yet to demonstrate a genuine commitment to accountability for serious human rights abuses. This decision rewards Kopassus for its intransigence over abuses and effectively betrays those in Indonesia who have fought for decades for accountability and justice.
Sophie Richardson, Asia advocacy director at Human Rights Watch
(New York) – The Obama administration’s decision to lift a more than decade-long ban on US military assistance to Indonesia’s abusive special forces seriously undermines its commitment to promoting respect for human rights in Indonesia and weakens US standards for military cooperation globally, Human Rights Watch said today. The US secretary of defense, Robert Gates, announced a limited program of engagement with the elite force, Komando Pasukan Khusus (Kopassus), while in Jakarta today.
Kopassus has been responsible for numerous serious human rights abuses – including killings, enforced disappearances, and torture – since the 1990s. The Indonesian government’s failure to remove Kopassus soldiers convicted of serious abuses from the military, and its recent appointment of officers credibly linked with abuses to leadership posts within Kopassus and the Defense Ministry made repealing the ban particularly inappropriate, Human Rights Watch said.
“The Obama administration has just failed a key test. This is not the way to encourage reform with a military that has yet to demonstrate a genuine commitment to accountability for serious human rights abuses,” said Sophie Richardson, Asia advocacy director at Human Rights Watch. “This decision rewards Kopassus for its intransigence over abuses and effectively betrays those in Indonesia who have fought for decades for accountability and justice.”
Defense Secretary Gates said that initial reengagement with Kopassus “will take place within the limits of US law and do[es] not signal any lessening of the importance we place on human rights and accountability.”
The administration has apparently detailed to the Indonesian government various criteria to resume interactions with Kopassus: that personnel convicted of human rights violations be removed from the special forces; that the military and Kopassus pledge to cooperate with future civilian or military investigations and prosecutions of human rights abuses; that anyone convicted of human rights abuses in the future be prohibited from serving in the military; and that personnel credibly alleged to have committed human rights abuses in the future be suspended pending an investigation. However, Human Rights Watch noted that those criteria are not currently being met, and in any case, are far from adequate to address the problem.
“These standards disregard the difficulty of prosecuting Indonesian military personnel for even the most serious abuses,” said Richardson.
The Indonesian military justice system presently has exclusive jurisdiction over military personnel except in cases in which they are accused of genocide or crimes against humanity, or are alleged to have committed crimes with civilian accomplices. Human Rights Watch pointed to the structural weaknesses of the military court system, which has repeatedly failed to investigate and adequately prosecute alleged abusers in the past, in an April 2010 letter to a key Indonesian lawmaker urging him to support a bill that would transfer jurisdiction over such cases to civilian courts.
“The Indonesian justice system rarely vigorously investigates or prosecutes anyone from the military, so forces like Kopassus will likely still be able to commit abuses with impunity and still meet the Obama administration’s standards,” said Richardson. “It’s hard to see the administration’s decision as anything other than a victory for abusive militaries worldwide.”
The US government cut off all aid to the Indonesian military in 1999 as a result of widespread human rights violations in East Timor and has refused to resume aid to Kopassus in particular because of ongoing concerns about its record and lack of accountability. Human Rights Watch has acknowledged important human rights improvements in Indonesia since the end of the authoritarian Suharto regime, but has also expressed ongoing concerns that security sector reform in Indonesia has stalled in critical areas, such as accountability for human rights violations.
Kopassus members have been implicated in serious human rights abuses, including abducting and “disappearing” student activists in 1997-98, launching a scorched-earth campaign and forming deadly militia forces in East Timor in 1999, and abducting and killing Papuan activist and traditional leader Theys H. Eluay in 2001. In 2003, Human Rights Watch documented allegations that Kopassus soldiers engaged in torture during military operations in Aceh. A 2009 Human Rights Watch report entitled “What Did I Do Wrong?” found that Kopassus soldiers were engaging in a pattern of arbitrary detention and ill-treatment of civilians in Merauke, Papua.
In none of these cases did the Indonesian military take sufficient steps to ensure that perpetrators were held accountable. A series of ad hoc trials of soldiers implicated in crimes against humanity in East Timor in 1999 ultimately failed to convict a single defendant. A number of the soldiers convicted by a military court for the student disappearances remained in the Indonesian military as of 2007, and two remained in Kopassus until March 2010. One of the seven Kopassus members convicted of mistreatment and battery leading to Eluay’s death, Colonel Tri Hartomo, was later promoted to a senior position in the Kopassus leadership and as of March 2010 serves elsewhere in the Indonesian military. Kopassus has denied the allegations in “What did I do Wrong,” and to Human Rights Watch’s knowledge has not sanctioned any of the soldiers implicated in the misconduct documented in the report.
In April 2010, Col. Nugroho Widyo Utomo, who has been credibly accused of involvement in serious human rights abuses in East Timor as the commander of the Combined Intelligence Task Force in 1998, was appointed to the position of deputy commander of Kopassus. Widyo Utomo is alleged to have had an active role in establishing the militias that the Indonesian military used to intimidate, harass, and kill an estimated 1,400 East Timorese suspected of supporting independence from Indonesia in the run-up to a 1999 referendum – the events that prompted the United States to impose its ban on all aid to the Indonesian military. Widyo Utomo’s appointment follows the January 2010 appointment of Maj. Gen. Sjafrie Sjamsoeddin, who was implicated in the 1997-98 student disappearances, abuses in East Timor in 1999, and the Santa Cruz Massacre in East Timor in 1991, to the position of deputy defense minister by Indonesian President Susilo Bambang Yudhoyono.
“The Indonesian government’s recent appointment of two individuals implicated in the very abuses that led the US to cut off aid in the first place to senior positions within Kopassus and the Defense Ministry shows that it is not serious about reform, and the Obama administration ignores this at its peril,” said Richardson.
The debate over resuming US assistance to Kopassus began in early 2010, prior to President Barack Obama’s then-planned trip to Indonesia. In response to initial demands made by the administration, the Indonesian government shifted at least three officers previously convicted of human rights abuses from Kopassus to other positions within the Indonesian military and stated, through an interview by the minister of defense to an English-language newspaper, that soldiers found to have committed genocide or crimes against humanity would be suspended and questioned, and if found responsible by the military, would be brought before a civilian court. The US government appears to have considered these steps satisfactory to ensure future accountability, even though there are no judicial mechanisms sufficiently robust and independent to reliably deliver on the necessary kind of investigations or prosecutions envisioned under the plan.
Human Rights Watch called on the Obama administration to insist that more stringent and systemic standards be met prior to the resumption of training for security forces.
Those include:
* encouraging passage of legislation in the Indonesian parliament that would transfer the prosecution of abuses committed by members of the military against civilians to civilian courts;
* that the military should permanently discharge personnel convicted of serious human rights abuses;
* that the government adopt transparent measures to ensure credible, impartial, and timely investigations into all future allegations of human rights abuse; and that
* President Yudhoyono should establish an ad hoc tribunal to investigate the enforced disappearance of student activists in 1997-98, as Indonesia’s House of Representatives recommended in September 2009.
“The Obama administration’s decision to start training Kopassus now risks undermining the limited progress towards professionalism that the Indonesian military has made thus far,” said Richardson. “The US is rewarding Indonesia for blocking justice, which sends the worst possible message for the future.”
Background:
Limitations mandated by the US Congress on providing training to foreign military forces under what is known as the “Leahy Law” bar the US from providing training, in the absence of corrective steps, to military units that are credibly alleged to have committed gross violations of human rights.
In a February 4, 2010 letter to Defense Secretary Robert Gates, Human Rights Watch outlined three key steps Indonesia should take to address accountability for past and future abuses by Kopassus prior to resuming engagement with the force. First, the military should permanently discharge personnel convicted of serious human rights abuses. Second, it should adopt transparent measures to ensure credible, impartial, and timely investigations into all future allegations of human rights abuse. Third, President Yudhoyono should establish an ad hoc tribunal to investigate the enforced disappearance of student activists in 1997-98, as Indonesia’s House of Representatives recommended in September 2009.
In March 2010 four prominent Indonesian nongovernmental organizations called on the US to refrain from reengaging with Kopassus until it investigated past human rights abuses involving Kopassus, including by establishing the ad hoc court on the student disappearances, and took action to ensure that similar abuses would not occur. In a May 2010 letter, 13 members of the US Congress, including Senators John Kerry and Patrick Leahy, wrote to US Secretary of State Hillary Clinton and Defense Secretary Gates expressing serious concerns regarding their intention to resume training Kopassus and calling for prior consultation with Congress before such engagement began to ensure it met the requirements of US law. The letter also called for US government officials to encourage Indonesian legislators to enact a bill that would give the civilian courts the power to hear cases involving human rights offenses committed by members of the military and to condition US reengagement on the passage of such legislation.
Human Rights Watch has regularly raised concerns regarding the US government’s ability to effectively vet and monitor elements of Kopassus, and particularly its counter-terrorism unit, in a March, 2010 letter to Secretaries Clinton and Gates. Human Rights Watch also urged the Obama administration to refrain from providing unconditional assistance to Kopassus until Indonesia has adopted a number of structural reforms to address Kopassus’ lack of accountability, including making genuine progress in eliminating all forms of military business; launching renewed investigations into other serious human rights abuses in which security services have been implicated, such as the 2004 murder of Indonesian human rights activist Munir bin Said Thalib; and enacting legislation allowing civilian courts to investigate and prosecute crimes committed by military personnel against civilians.
ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia's Kopassus Killers
ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia’s Kopassus Killers
July 22, 2010 – The East Timor and Indonesia Action Network (ETAN) today condemned the Obama administration’s decision to resume engagement with Indonesia’s notorious Kopassus special forces.
“Slipping back into bed with Kopassus is a betrayal of the brutal unit’s many victims in Timor-Leste, West Papua and throughout Indonesia. It will lead to more people to suffer abuses,” said John M. Miller, National Coordinator of ETAN. “Working with Kopassus, which remain unrepentant about its long history of terrorizing civilians, will undermine efforts to achieve justice and accountability for human rights crimes in Indonesia and Timor-Leste (East Timor).”
“For years, the U.S. military provided training and other assistance to Kopassus, and when the U.S. was most involved Kopassus crimes were at their worst. While this assistance improved the Indonesian military’s deadly skills, it did nothing to improve its behavior,” Miller added.
“Engagement with Kopassus would violate the Leahy Law, which prohibits military assistance to units with unresolved human rights violations,” said Miller. “Even the previous Bush State Department’s legal counsel thought so, ruling that the Leahy prohibition applied to Kopassus as a whole.”
U.S. officials, speaking to the New York Times, distinguished between soldiers who were “only implicated, not convicted’ in human rights crimes. Administration officials have said that some Kopassus soldiers convicted of crimes no longer served with the unit, however many of them remain on active duty, including Lt. Col. Tri Hartomo, convicted by a military court of the murder of Papuan leader Theys Eluay in 2001.
The official American Forces Press Service wrote that a “senior defense official said Indonesia has pledged that any Kopassus member who is credibly accused of a human rights violation will be suspended pending an investigation, will be tried in a civilian court, and will be removed from the unit if convicted.” Legislation transferring members of military to civilian courts for trials has yet to pass.
“The problem remains that the Indonesian military (TNI) as a whole and Kopassus in particular rarely take accusations of human rights violations seriously and few end up in any court,” said ETAN’s Miller. “Engaging Kopassus with only token concessions will not encourage reform, respect for rights or accountability. It may do the opposite.”
Secretary of Defense Robert Gates announced in Jakarta that the U.S. “will begin a gradual, limited program of security cooperation activities” with Kopassus. U.S. officials told the media that “there would be no immediate military training,” However, Gates did not say exactly what criteria will be used to decide if “to expand upon these initial steps [which] will depend upon continued implementation of reforms within Kopassus” and the TNI.
Background
Engagement with Kopassus has been opposed by human rights and victims associations in Indonesia, Timor-Leste and internationally. It has been debated within the Obama administration and in Congress.
In May 2010, 13 senior members of Congress wrote the Secretary Gates and Secretary of State Clinton concerning plans to cooperate with Kopassus. The letter called for “a reliable vetting process critical… for identifying Kopassus officials who have violated human rights” and said “the transfer of jurisdiction over human rights crimes committed by members of the military to civilian courts should be a pre-condition for engagement with Kopassus.” Legislation to transfer members of the military to civilian courts has long been stalled. Trials of some soldiers before ad-hoc human rights courts, such as on East Timor, have resulted in acquittals.
Kopassus troops have been implicated in a range of human rights violations and war crimes in Aceh, West Papua, Timor-Leste and elsewhere. Although a few special forces soldiers have been convicted of the kidnapping of activists prior to the fall of the Suharto dictatorship and the 2001 murder of Theys Eluay, the perpetrators of the vast majority of human rights crimes continue to evade prosecution. Kopassus and other troops indicted by UN-backed prosecutors in Timor-Leste for crimes committed in 1999 during Timor’s independence referendum remain at large.
Kopassus was involved in Timor-Leste from the killings of five Australian-based journalists at Balibo in 1975 prior to Indonesia’s full scale invasion through its destructive withdrawal in 1999. Kopassus soldiers are alleged to have been involved in the 2002 ambush murder of three teachers (including two from the U.S.) near the Freeport mine in West Papua. The crimes of Kopassus are not only in the past. A Human Rights Watch report published last year documents how Kopassus soldiers “arrest Papuans without legal authority, and beat and mistreat those they take back to their barracks.” A report by journalist Allan Nairn describes security force – including a U.S.-trained Kopassus general – involvement in the killing of activists in Aceh last year. http://www.etan.org/news/2010/03nairn.htm
The leaders of Kopassus have consistently rejected calls to hold it accountable. In April 2010 at a ceremony marking the anniversary of the unit’s founding, Kopassus commander Maj. Gen. Lodewijk Paulus called allegations of past rights violations a “psychological burden.” He told The Jakarta Globe “Honestly, it has become a problem and people just keep harping on them. It’s not fair.”
Lt. Gen. Sjafrie Sjamsoeddin, who served with Kopassus and is accused of human rights violations in East Timor and elsewhere, remains as deputy defense minister. His position is being challenged in court by victims of human rights violations in the 1998 Jakarta riots and the 1997/1998 kidnapping of student and political activists.
In 2005, the Bush administration exercised a national security waiver that allowed for full engagement with the Indonesian military for the first time since the early 1990s. The conditions for U.S. military engagement, which the Bush administration abandoned, included prosecution of those responsible for human rights violations in East Timor and elsewhere and implementation of reforms to enhance civilian control of the Indonesian military. The Bush administration waited until 2008 to propose restarting U.S. training of Kopassus, which was suspended in 1998. The State Department’s legal counsel reportedly ruled that the 1997 ban on training of military units with a history of involvement in human rights violations, known as the ‘Leahy law,’ applied to Kopassus as a whole and the training did not go forward.
ETAN was founded in 1991 to advocate for self-determination for Indonesian-occupied Timor-Leste. Since the beginning, ETAN has worked to condition U.S. military assistance to Indonesia on respect for human rights and genuine reform. The U.S.-based organization continues to advocate for democracy, justice and human rights for Timor-Leste and Indonesia. For more information, see ETAN’s web site: http://www.etan.org.
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Support ETAN make a contribution here http://etan.org/etan/donate.htm
Thank you for your support.
John M. Miller, National Coordinator
East Timor & Indonesia Action Network (ETAN)
PO Box 21873, Brooklyn, NY 11202-1873 USA
Phone: +1-718-596-7668 Mobile phone: +1-917-690-4391
Email john@etan.org Skype: john.m.miller
http://www.etan.org
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Send a blank e-mail message to info@etan.org to find out how to learn more about East Timor and Indonesia on the Internet
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STATEMENT BY THE WEST PAPUA ADVOCACY TEAM REGARDING THE U.S. GOVERNMENT'S DECISION TO RESUME COOPERATION WITH THE INDONESIAN SPECIAL FORCES (KOPASSUS)
STATEMENT BY THE WEST PAPUA ADVOCACY TEAM REGARDING THE U.S. GOVERNMENT’S DECISION TO RESUME COOPERATION WITH THE INDONESIAN SPECIAL FORCES (KOPASSUS)
The decision of the Obama Administration to begin “gradual and limited” engagement with the Indonesian Special Forces (Kopassus) ignores more than a decade-old, bi-partisan, bi-cameral Congressional consensus opposing assistance to that organization.
Opposition to U.S. military cooperation with Kopassus is based on that unit’s undisputed record of human rights abuse, criminality and unaccountability before the law. U.S. Administration claims that the organization has recently adopted a reform course is belied by credible independent reporting that Kopassus continues to abuse human rights with impunity. A June 2009 Human Rights Watch report detailed Kopassus abuse of civilians in Merauke in the troubled province of West Papua.
Administration claims that those Kopassus personnel “convicted” of human rights abuse have been removed from the organization ignores the reality that the impunity enjoyed by Kopassus personnel for decades has ensured that only a handful of Kopassus personnel have ever faced justice in a credible criminal court. In a rare example of judicial action, seven Kopassus officers were convicted of the 2001 murder of the leading Papuan political figure, Theys Eluay. Of the seven convicted of what the judge in the case termed a “torture-murder,” all remain on active duty after serving brief sentences (the longest being three and one half years imprisonment). Six left Kopassus but one remains in the organization.
Administration assurances that any Kopassus candidate for U.S. training will undergo “vetting” by the State Department ignores past failures of the State Department to screen out Kopassus rights abusers and criminals.
The Administration announcement correctly notes that since the fall of the dictator Suharto, with whose military the U.S. military maintained close ties, Indonesia has been on a democratic course. But the Administration fails to acknowledge that the gravest threat to ongoing democratic progress is the Indonesian military which continues to evade civilian control. Despite 2004 legislative requirements that the military divest itself of its vast empire of legal and illegal businesses by 2009, the military retains this source of off-budget funding.
Kopassus and other military personnel continue to enjoy impunity before the law for human rights abuse and criminal activity including people trafficking and drug running as acknowledged in past U.S. State Department human rights reporting.
The Indonesian military, and particularly Kopassus and intelligence agencies continue to repress peaceful protest, most notably targeting the people of West Papua. The military, especially Kopassus, but also the U.S.-funded “Detachment 81″ and the militarized police (BRIMOB), routinely intimidate, threaten and accost Papuans who non-violently resist denial of fundamental rights, illegal expropriation of their lands and marginalization. Military and police units have repeatedly conducted purportedly anti-rebel “sweep operations” in the remote Central Highlands forcing thousands of villagers into the forests where they suffer lack of food, shelter and access to medical care. Twenty percent of Kopassus personnel (approximately 1,000 personnel) are stationed in West Papua.
The U.S. Administration’s decision to resume cooperation with the most criminal and unreformed element of the Indonesian military removes critical international pressure for reform and professionalization of the broader Indonesian military. It signals to Indonesian human rights advocates who have born the brunt of security force intimidation that they stand alone in their fight for respect for human rights and genuine reform in Indonesia.
contact: Ed McWilliams, edmcw@msn.com, +1-575-648-2078
Photos and UPDATE ON THE SITUATION IN PUNCAK JAYA
UPDATE ON THE SITUATION IN PUNCAK JAYA
9 July 2010
Report by Piron Moribnak, Puncak Jaya
First part :
On Friday, 9 July 2010 TNI/Polri forces shot dead a TPN/OPM member sent from the Tingginambut headquarters in Kampung Jambi. NUMBUNGGA GIRE died at the hands of the Indonesian security apparatus and was then cremated by OPM members and villagers in Kampung Jambi. No picture could be attached to this report since the access from Kota Mulia to the place was blocked by military forces. Source: Witness from Kampung Jambi (D. GAME).
Second part
In May, I sent a report on two churches and villager’s houses torched down by Indonesian military in two villages in Tingginambut District, Yarmukum and Pilia. At that time, I did not have any pictures to testify. Here are a few pictures of the brutalities committed then by the TNI forces against villagers’ properties. These houses were burnt down by INDONESIAN MILITARY.
Picture 1 : Houses were torched down by military, forcing villagers to live in shelters, Tingginambut District. Picture taken by Dopes Morib
Picture 2 : An example of the Indonesian military perpetuated arsons : the GIDI church in Yarmukum, May 2010, Tingginambut District.
Picture 3 : A woman searches the ashes of an Indonesian military torched house for an axe or a knife, Pilia GIDI church, Tingginambut District.
(WPmedia note: Other photos were also included in the report but were not included as they do not show any significant evidence. see below)
(not included:
Picture 4 : A woman and her children appear helpless after their house was burnt down. They are now forced to live in a shelter under the banana trees (which doesn’t appear in the picture), Tingginambut District.
Picture 5 : A villager’s house that was also torched by the Indonesian military in Yarmukum, Tingginambut District.
Note – this image does not show any clear evidence of arson)
