Tag Archives: Human Rights and Liberties

Papuans Behind Bars October 2014: ‘Bloody Yotefa’: police turn a blind eye to violence against indigenous Papuans

From our partners at Papuans Behind Bars, with additional reporting from West Papua Media and JPIC

17 November 2014

At the end of October 2014, there were at least 69 political prisoners in
Papuan gaols.

At least 46 members of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested in Jayapura and Merauke this month for participating in peaceful demonstrations. The demonstrators were urging the Indonesian government to release two French journalists who faced trial for breaching immigration rules.

In likely reference to the Social Organisations Law (RUU Organisasi Kemasyarakatan, RUU Ormas), police claimed during the mass arrests that the KNPB is an illegal organisation as it is not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol) and affiliated symbols or attributes are also therefore illegal. Last June, police conducted a mass arrest in Boven Digoel under the same auspices.  Indonesian human rights group Imparsial challenged the shutting down of peaceful demonstrations in Jayapura and Merauke, stating that freedom of expression in Papua is the worst in Indonesia, particularly when it comes to the treatment of KNPB rallies. The criminalisation of peaceful demonstrations, often under the auspices of the Ormas Law, restricts democratic space and stigmatises Papuan civil society groups.

On 27 October, two French journalists, Thomas Dandois and Valentine
Bourrat, were released after 11 weeks in detention. However, Lanny Jaya
tribal leader Areki Wanimbo, who was arrested alongside the pair, still
faces charges of conspiracy to commit treason. Lawyers from the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) have stated that the legal process for Wanimbo has been fraught with irregularities and that his case has been handled unprofessionally. Wanimbo faces charges different to those he was first accused of, and unsuitable evidence was used to build a case against him. The decision to impose a two-and-a-half-month prison sentence on the two journalists instead of acquitting them was a harsh blow for the campaign to open access to Papua. As noted by Human Rights Watch researcher Andreas Harsono, foreign journalists face a complex system of applying for visas to Papua, which requires the approval of 18 different government agencies – a process that severely restricts journalistic access. It remains to be seen whether Indonesian president Joko Widodo will make good on his promise of opening access to Papua.

Bloody Yotefa

In our July update we raised concerns regarding an incident which has come to be known as ‘Bloody Yotefa,’ that took place on 2 July at Yotefa market in Abepura. Early reports stated that three Papuan men were killed following a police raid on a gambling den at Yotefa market.  At least four Papuan men from the Central Highlands were tortured and 40 people arrested according to a Report from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI). Following the raid on the market, police arrested and handed over two Papuans, including a 14-year-old boy, to a mob of non-indigenous Papuans who publicly tortured and beat them while police stood by, later continuing the job themselves at Bhayangkara Police Hospital. While police beatings, torture and killings of indigenous Papuans are not new phenomena, the public involvement of non-indigenous mobs to achieve this is a particular low point.

Bloody Yotefa challenges the government perspective that torture and killings are carried out by a rogue police in isolated cells, showing instead that these arbitrary violations are becoming social events in which the non-indigenous community can participate. This dynamic
perpetuates a culture of fear and domination in which indigenous Papuans are exposed to constant risk of public violence, even in traditionally ‘safe’ spaces such as hospitals and university campuses. Police discrimination and profiling of indigenous Papuans, especially those who come from the Central Highlands, makes them still more vulnerable to public torture, violence and arbitrary arrest.

You can read the full update here:
http://www.papuansbehindbars.org/?p=3252

Papuans Behind Bars team

Papua-Wide meeting calls for 10 year Moratorium on Plantation and Forestry Industries

From our partners at AwasMifee

Between 4th-7th November 2014, representatives of indigenous communities, environmentalists and human rights defenders from every corner of West Papua met in Jayapura to discuss problems linked to the forestry and large-scale plantation industries, which in recent years have been expanding rapidly throughout the island.

This was an important meeting, as the difficulties and expense of travel around Papua means that communities are frequently isolated to face the companies alone, even though the problems they face are remarkably similar.

With many more plantation companies set to start operations within the next few years, and timber companies still keen to harvest high-value logs, it is also vital to share the (often bitter) experiences of communities which have already seen how these industries operate, and also to formulate some common platform of demands with which to confront government and policy makers.

Participants at the event heard about the long-term injustices connected with plantations in Jayapura, Keerom and Boven Digoel, where land was taken with military backing during the Suharto dictatorship causing problems which are still not resolved. In Papua’s deep south, participants told of how they have been marginalised by plantations connected to the MIFEE agribusiness development. Others from Sorong, Nabire and Mimika, told of how they were unprepared for the problems which started unfolding as the companies moved in. Delegates from Bintuni and Wondama Bays explained how the effects of the timber industry on communities are no less destructive.

In many of these cases, the same problems could be seen to emerge time and time again: intimidation from military and police officers supporting the companies, loss of livelihood as the forest is destroyed, companies’ broken promises to bring development to communities, environmental problems such as pollution, flooding and loss of water sources. Taking all this into account, the participants agreed to call on all agencies involved in allowing these industries to address these problems.

Top of the list was a call for a 10 year moratorium into for large-scale plantation and forestry investment, during which time part violations should be resolved, and the challenge of finding a way that these industries could exist on indigenous land without disadvantaging indigenous people. Hopefully we will translate some of the testimony on this site soon, in the meantime here is the full list of recommendations:

Organisations involved in organising the event were: Yaysan Pusaka, Greenpeace Papua, SKP Jayapura, Jerat Papua, Foker LSM Papua and Jasoil Papua. A copy of this declaration in Indonesian together with a list of participants can be found at: http://pusaka.or.id/demo/assets/REKOMENDASI-TEMU-RAKYAT-ADAT-KORBAN-PAPUA-Nov-2014.pdf

RECOMMENDATIONS

Meeting of Community Victims of the Forestry and Large-scale Plantation Industries.

Dialogue on Building a Green Economy and Sustainable Development

Today, Friday the seventh of November two thousand and fourteen, in the Maranatha Convent, Waena, Jayapura,

After hearing and discussing Reports of Victims of the Forestry and Large-scale Plantation Industries from throughout the land of Papua, and also discussing various developments in development policy, we as representatives of indigenous communities from twelve Regencies or cities throughout the land of Papua, want to hereby make clear that the state has violated and ignored our human rights, by not protecting, respecting and advancing the rights of indigenous communities throughout the land of Papua, including: acts of discrimination, repression and expropriation of what rightfully belongs to indigenous people throughout Papua. These human rights violations, which have occurred between 1982 and 2014, have caused great loss for indigenous people, as their social and cultural fabric and their natural environment disappear. Because of this, we as representatives of indigenous people who have suffered because of the forestry and large-scale plantation industries, coming from twelve regencies and cities, hereby state the following:

1. To the President of the Republic of Indonesia, to issue a ten-year moratorium on forestry and large-scale plantation development throughout the land of Papua. During the moratorium period, the government would resolve the different problems and violations of indigenous communities’ rights that have already occurred, and amend policies and legislation currently in force in the land of Papua.

2. To the Governors of Papua and West Papua Provinces, to reconsider all policies concerning the granting of permits for the forestry and large-scale plantation industries which disadvantage indigenous people across the land of Papua.

3 To the Commander of Military District XVII Cenderawasih Command and the Papuan Police Chief, to discipline and take action against any members of the military and police forces who openly participate in pressurising and intimidating indigenous people that wish to defend their rights throughout the land of Papua. Also to take action against members of the forces who are either directly engaged in illegal business involving forest products, or back-up and protect others in such businessses.

4. To Bupatis and city mayors throughout the land of Papua, to end the practice of unconditionally giving out permits and recommendations in the forestry and large-scale plantation sector.

5 To the honourable members of the Papuan and West Papua People’s Assemblies (MRP), to hold a Special Dialogue with the Energy and Mineral Resources Ministry, and the Environment and Forestry Ministry, concerning making changes in policy and regulations related to forestry and large-scale plantation investment in the land of Papua, both ongoing and in the future, which would be based on indigenous peoples’ rights and the spirit of Papuan Special Autonomy.

6 To the Provincial Legislative Councils in Papua and West Papua, to form a Special Committee to conduct investigations into the violations of indigenous communities’ human rights in the land of Papua, which are a result of policies and investment activities in the forestry and large-scale plantation sector.

7 To Customary Tribal Councils throughout the land of Papua, to organise reconciliation and customary assemblies in each area to map the customary lands of each tribe/ethnic group and follow up the findings of this Meeting of Community Victims of the Forestry and Large-scale Plantation Industries.

8 http://pusaka.or.id/demo/assets/REKOMENDASI-TEMU-RAKYAT-ADAT-KORBAN-PAPUA-Nov-2014.pdf, to take an active role in reporting violations in human rights and environmental problems so they can be brought to the attention of wider society and institutions that are actively attempting to protect, respect and advance human rights at the Papuan, national and international levels.

9. Participants of the Meeting of Community Victims of the Forestry and Large-scale Plantation Industries – Dialogue on Building a Green Economy and Sustainable Development hereby declare the foundation of the Indigenous People’s Environmental Council in the Land of Papua (Dewan Lingkungan Masyarakat Adat di Tanah Papua).

These are the recommendations which have been made and agreed together, and we hope they will be heeded and implemented. May our ancestors and the Creator be with us all.

Controversy of Environmental Permit Mechanism that Sidelines Community Participation

From awasMifee

Published: September 8, 2014

On 16th August 2014, the Cenderawasih Pos newspaper displayed a notice from the Papuan Provincial Environmental Management Agency (BPLH), taking up about 10 x 20 cm of one column. It informed the papers’ readers about the Merauke Bupati (elected regency leader)’s decision (number 133/2014) which concerned an environmental permit for a timber enterprise on PT Wahana Samudera Sentosa (WSS)’s 79,006 hectare industrial forestry concession in Ngguti and Okaba districts, Merauke Regency.

The community were asked to give their suggestions, opinions and responses to this environmental permit in writing to the head of the BPLH in Papua, within a time limit of five working days from when the notice was published (12 -18 August 2014).

The government issues these environmental permits as a prerequisite that those wishing to initiate new developments must meet in order to obtain their permit to operate, and it is concerned with protecting and managing the environment. According to Government Regulation 27/2012 concerning Environmental Permits, each enterprise and/or project which needs an Environmental Impact Assessment (Amdal) or Environmental Management and Monitoring Plans (UKL-UPL), is obliged to obtain an Environmental Permit. The process consists of three stages: a) compiling the Amdal and UKL-UPL, b) evaluating the Amdal and examining the UKL-UPL, and c) requesting and being issued an environmental permit (cf. Article 2 of the regulation 27/2012)

In the case of PT WSS’s Environmental Permit (and this is also the case in general for companies operating in Papua), the government and developers have been seen to go through the steps required to obtain their environmental permit, seemingly just so they can meet the requirements of the procedure laid out in Government Regulation 27/2012. The substance of their research into the significant impacts of proposed business plans tends to lack attention to detail, as it is just based on a cursory academic study. The knowledge and participation of affected communities is ignored and tends to be pushed aside.

Diminishing the participation of indigenous communities and marginalising their indigenous knowledge takes place at each stage, from when the Amdal and UKL-UPL are compiled, through the evaluation and examination, right up to the moment the permit is issued. For example, during the Amdal compilation stage, the government provides for community participation through 1) publishing a plan of work and 2) public consultation, where the community has the right to give suggestions, opinions and responses to the plans during a period of 10 days from the announcement, which they must communicate in writing to the developer, minister, governor, bupati or mayor.

The mechanism of giving notice which relies on the media as explained above, is a way of reducing the the indigenous peoples of the interior of Papua’s opportunities for participation. The reason is they have very limited access to news media such as the Cenderawasih Pos, and do not have the luxury of radios and televisions, they do not even have electricity. How could it be possible for them to receive the notice and participate in the plans?

Establishing a time limit of ten days for suggestions and opinons could also prove difficult for Papuan indigenous people who learn from their experience and build up their knowledge over many years. Whether an individual, or the wider community, they need a long time, to read, study, understand, consult and discuss, before giving a response or opinion to any proposed development they have just heard about.

In this way, the time limit also limits the chances for local indigenous people to find out about the plans and participate in developing plans. Especially if government and developers do not provide independent and professional workers who can help the community study the development documents.

The next way in which the community are pushed out of the process is in the Amdal consultations, which only involves a few representatives of the communities and takes place in a hotel in the regency or provincial capital. In the Malind people’s social system, discussions about how to make use of the land on a wider scale have to take place collectively between communities from the four directions of the wind, from the Kondo to the Digoel rivers. Such a meeting should take place on the land itself, not in an air-conditioned meeting room with ceramic floors.

The community is forcibly introduced to the knowledge of how environmental impacts are evaluated and a new mechanism of taking decisions which is beyond their grasp. Community participation becomes merely procedural and follows the developers’ wishes. The way this process of participation and decision-making is steered off course is a clear illustration of discrimination against indigenous social systems and the limits to Papuan indigenous people’s civil and political rights.

Existing mechanisms and institutions for awarding environmental permits are not appropriate in the land of Papua. It is highly necessary to develop  mechanisms and institutions for giving permits which prioritised the authority and indigenous rights of local communities, as well as principles of justice.

Source: Pusaka http://pusaka.or.id/kontroversi-mekanisme-izin-lingkungan-menggembosi-partisipasi-masyarakat/

More Agression from Brimob in Nabire, this time Smashing up a Local Family’s House

From awasMifee 

September 3, 2014

Police Mobile Brigade members sent to work as private security in PT Nabire Baru’s oil palm concession in Nabire, Papua have been behaving badly once more. One team paid a visit to the house of Yunas Money, who is a customary landowner. Fully armed, they proceeded to smash and destroy the contents of his house.

This police action, which took place on Friday 29th August 2014 at 3pm Papua time, left Yunus Money’s domestic furniture damaged, while the inhabitants of the house ran to seek refuge in the forest. [It appeared that] the Brimob wished to shoot Yunus dead because they felt aggrieved at the community pressure over how Brimob were working as security guards for the oil palm plantation.

Robertino Hanebora, the Secretary of the Yerisiam Ethnic Group, reported that the policemen had been trying to find out the whereabouts of Yunus who is also the leader of a local cooperative. They were annoyed because of the community’s strong protests against the Brimob security (see also this previous report [Indonesian Original] [English translation]).
Robertino said that although the protest letters which had been sent out had still not resulted in any follow-up action in the field, Brimob’s latest action showed that they were dismayed with our protest.

Local indigenous customary landowners had sent a letter to the national police headquarters through their local cooperative on 21st July 2014, demanding the withdrawal of Brimob troops from the company’s concession because their presence was making the community anxious.

Responding to arrogance on the part of Brimob working as security for PT Nabire Baru’s oil palm plantation, indigenous customary land owners from the Yerisiam people in Sima village, Yaur district, are requesting that chief of police in Papua immediately withdraws the Brimob guards from the plantation and replaces them with general police working out of the Nabire police station. This is the request of the Bumiowi cooperative, as signed by its leader Yunus Money.

Source: Pusaka http://pusaka.or.id/brimob-nabire-baru-intimidasi-ketua-koperasi-bumiowi/

PMC: Detained French journos may face five years in prison

French journalists Thomas Dandois and Valentine Bourrat. Image: Free West Papua Campaign

Wednesday, September 10, 2014

Item: 8952

JAYAPURA (Sydney Morning Herald / Pacific Media Watch / West Papua Media Alerts): Indonesian authorities want to jail two French journalists for five years for the “crime” of reporting from West Papua without journalists’ visas.

The Sydney Morning Herald reported yesterday that instead of deporting journalists Thomas Dandois, 40, and Valentine Bourrat,29, as is normal practice, Indonesian authorities want the maximum sentence.

The head of the Immigration Office in Papua, Garda Tampubolon, told Fairfax Media that the journalists would remain in jail until their trial started, which might be next month.

Dandois and Bourrat have already been in custody for a month.

The Sydney Morning Herald reported:

“Police spokesman Sulistyo Pudjo said the criminal subversion investigation was under way but ‘this is a very complicated case, it is not easy’. The charge carries a 20-year jail sentence. Police have indicated in the past that Dandois and Bourrat are under suspicion over an ammunition swap gone wrong in the Papua Highlands, during which two police officers were shot. However, the only evidence of their alleged involvement appears to be that they interviewed political separatists”.

It appears that Indonesia wishes to deter foreign journalists from reporting on their 50-year military occupation of West Papua because they are persisting with charging Bourrat and Dandois even though the journalists issued an apology for reporting without the correct visa.

Arte TV’s production house has also promised not to use any footage which “may discredit Indonesia’s reputation”, the Sydney Morning Herald reported.

Meanwhile, the West Papua Media news service reports that several West Papuans have been arrested for meeting with Dandois and Bourrat last month.

These are respected indigenous West Papuan leader, Areki Wanimbo, who met with the journalists on the day they were arrested, along with Deni Dow and Jornus Wenda who also attended the meeting.

Theo Hesegem and a Mr Logo, who accompanied the journalists to the meeting with Wanimbo, were also arrested.

Low, Wenda and Dow were interrogated for 24 hours before being released without charge, but Wanimbo remains in detention and has been charged with “complicity to misuse a permit” and “treason”.

The “treason” charge relates to Wanimbo collecting donations for a meeting to discuss West Papua’s membership application to the Melanesia Spearhead Groups (MSG).

 

(West Papua Media editorial note:  As West Papua Media is accused by the Indonesian police of being a participant in this case, and its editor has also been threatened by Indonesian police with illegal extradition (rendition) for arrest under subversion and espionage charges; for ethical and security reasons, all reportage on this case is being done via our partners at the Pacific Media Centre and syndicated here.  We thank our partners for their continued support during this difficult time.)