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Statement from 5 Makar accused at KP3 treason trial

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jayapura, 30 January 2012

Signed:

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


Lawyers urge Australian Government to speak out over Papuan treason trials

Media Release

Human Rights Law Centre and

International Lawyers for West Papua

1 February 2012

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

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

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

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

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

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

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

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

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

The trial is scheduled to resume on Wednesday 8 February.

For further comments:

please contact West Papua Media +61450079106 for contacts


Makar accused reject charges, and Indonesian jurisdiction over Papua in adjourned trial (Photo Report)

January 31, 2012

By Nick Chesterfield from West Papua Media with local sources

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

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

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

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

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

Forkorus Yobeisembut (Jakarta Globe)

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

Forkorus Yaboisembut (Jakarta Globe)

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

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

(Photo: Efraim Joteni)

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

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

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

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

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

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

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

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

Brimob outside makar trial (Photo: West Papua Media)

Brimob outside makar trial (Photo: West Papua Media)

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

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

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

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

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

Westpapuamedia.info


HRW:: Indonesia – Drop Charges Against Papuan Activists

English: Human Rights Watch logo Русский: Лого...

Free Political Prisoners, Amend Treason Law to Uphold Free Speech

JANUARY 29, 2012
  • Police arrest attendees of the Third Papuan People
    Congress in Jayapura, Indonesia‘s Papua province on
     October 19, 2011.  © 2011 Reuters
The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists. It’s appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views.
Elaine Pearson, deputy Asia director

(New York) – The Indonesian government should drop charges against five Papuan activists who are being prosecuted for peacefully expressing their political views, Human Rights Watch said today. On January 30, 2012, the district court in Jayapura, the Papua provincial capital, will begin the treason (makar) trial of five leaders of the Papuan People’s Congress, which the authorities forcibly dispersed last October.

“The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “It’s appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views.”

On October 19, 2011, Indonesian security forces, using excessive force, broke up a three-day Papuan People’s Congress gathering in Jayapura, Human Rights Watch said. After one of the leaders read the 1961 Papua Declaration of Independence out loud, police and the army fired warning shots to disperse the approximately 1,000 Papuans gathered for the peaceful demonstration supporting independence for Papua. The security forces then used batons and in some instances firearms against the demonstrators, killing at least three and injuring more than 90 others. Witnesses said that demonstrators had been struck on the head and several suffered gunshot wounds.

Following the incident, eight police officers, including the Jayapura police chief, Imam Setiawan, were given written warnings for committing a disciplinary infraction by not giving priority to the protection of civilians. However, no other action was taken against police or military personnel for possible misuse of force.

Five of the activists– Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut, and Selpius Bobii – were charged with treason under article 106 of the Indonesian Criminal Code and have been held in police detention since October 19. Another Papuan, Gat Wenda, a member of the Penjaga Tanah Papua, orPepta (Papua Land Guard), which provided security at the Congress, will be tried separately on charges of possessing a sharp weapon.

At least 15 Papuans have been convicted of treason for peaceful political activities. They include Filep Karma, a civil servant who has been imprisoned since December 2004. About 60 other people throughout Indonesia, mostly activists from the Moluccas Islands, are also imprisoned on charges related to peaceful acts of free expression. Human Rights Watch renewed its call for the Indonesian government to release all political prisoners and allow human rights organizations and foreign journalists unimpeded access to visit Papua.

The Indonesian Criminal Code should be amended to ensure that no one is prosecuted for treason for exercising their rights to peaceful protest protected under the Indonesian constitution and international law, Human Rights Watch said. 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.” The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, similarly protects the rights to free expression and peaceful assembly.

Human Rights Watch takes no position on claims to self-determination in Indonesia. Consistent with international law, however, Human Rights Watch supports the right of everyone, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.

“The Indonesian government should be prosecuting the people responsible for the ugly and unnecessary crackdown that left three Papuans dead, not those who read out a 1961 independence statement,” Pearson said. “Pursuing this trial will only deepen the resentment that many Papuans feel against the government.”


Rallies to support Papuan leaders facing treason trials on Monday

January 28, 2012

by Nick Chesterfield at Westpapuamedia.info with sources

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

westpapuamedia.info


AHRC: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-005-2012
26 January 2012
———————————————————————
INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity
ISSUES: Freedom of assembly; indigenous people; torture; military violence; police negligence
———————————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) has learnt that on 2 November 2011, seven commanding officers of the Kurulu military sub-district command (danramil Kurulu), arrested and ill-treated three local activists and nine Umpagalo villagers in Kurulu, Papua. This incident occurred without any command letter of authorization, following allegations of rebel activities. The AHRC noted that in Papua, people are frequently victimised based on arbitrary allegations of rebellion, and subsequently tortured. (photo: Kurulu victim)
CASE NARRATIVE:
A Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).
After the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and allegedly examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies. (photo: wounds of beatings and stabbing)
The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.
Meanwhile, the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases of military trials, which are not open to the public, the sentences are merely a light punishment, such as a transfer, which is inadequate given the seriousness of the human rights violations committed. Therefore, the TNI jointly with the National Human Rights Commission (Komnas HAM) should send an independent investigation team to transparently resolve this case, as well as ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians. (photo: Kurulu victim)
ADDITIONAL INFORMATION:Torture is used in a widespread way by the police and military against indigenous Papuans, notably on persons suspected of supporting independence movements. Such suspicions are often leveled arbitrarily against members of the indigenous community and result in stigmatisation. This case is a clear example of this pattern.
Furthermore, according to the law on military courts, members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality.

for details of Appeals and to take action, please visit

Rev Erari: Jakarta continues to violate the basic rights of the Papuan people

JUBI, 24 January, 2012

The Indonesian government’s inconsistencies in implementing a whole number of policies since West Papua was integrated as part of Indonesia have had a significant impact on the political movement of identity.  Jakarta has even continued to violated the basic rights of the indigenous Papuan people

These comments were made by the Rev. Phil Erari, deputy chairman of the Alliance of Churches in Indonesia  (GKI).

‘The special autonomy law , known as OTSUS,  is just one example of the inconsistency in its policy towards Papua,’ he said.

In Erari’s opinion, the Papuan people have virtually no confidence the authority of the Indonesian government. Papuans regard Jakarta as being incapable of introducing a number of reforms on security, health and education or mapping the infrastructure of Papua. Added to all this is the incompetence of the bureaucracy which ‘stinks of corruption’.

The politics of identity which emerged in the second half of the twentieth century was intended to enable the organisation of the masses  so as to ensure that  the mass of people can identify themselves as part of the group to which they belong. The group is generally speaking  based on the same identity of those within the group.

‘The political movement of identity in Papua  is an integral part of the people’s affirmative position which must be respected. For many years, Jakarta has failed to include this as part of the curriculum; this is an example of  the violation of the right of the Papuan people to get a decent education,’ said Erari.

Meanwhile, Kahar Nobara of Garda-P, the Papuan Democratic People’s Movement, told JUBI that Jakarta has hardly changed at all with regard to solving the Papuan problem.

‘Jakarta has taken no initiatives and its policy in most cases amounts to nothing more  that responding to incidents, nothing more than patchwork, without dealing with the root of the problem and without any radical action for change. This is not democratic, and it displays no sensitivity  whatsoever,’ said Nobara.

He went on to say, in connection with the political movement of identity, that the nationalism of the Papuan people is an integral part of their constant sufferings. Ths result of all this is that their desire for independence  and sovereignty will continue to  grow.

‘Jakarta’s inconsistencies provide the ammunition for the struggle of the Papuan people,’ he said.


Komnas HAM warns of human rights violations in Puncak Jaya

Bintang Papua, 20 January 2012Human rights violations are occurring in PuncakThe Papua branch of Komnas HAM, the Indonesian Commission for Human Rights, has confirmed that human rights violations have been occurring in Puncak. These include a number of deaths that have occurred during this prolonged conflict.

‘While not yet knowing the motive or who was responsible, the killings were clearly human rights violations. Lives were lost which is an indication that the right to life has been ignored.,’ said Matius Murib, deputy chairman of the Komnas HAM Papua branch. He made the statement after attending a Forces Group Discussion on Civil and Political Rights and Economic, Social and Cultural Rights (ECOSOC) held by the Papuan branch of Komnas HAM.

When lives are lost, human rights are certainly violated.  No need to ask about the motive as this goes beyond the power of the Almighty. The state or government have no right to destroy life, which is totally without justification .’ The right to life  comes only from God and no one has the right to kill people,’ he said.

In this Puncak case, those involved were planning to conduct investigations in February and were planning to visit the site of the killings, in order to make recommendations to the authorities. Murib said that he could not make any comments until they had visited the site

Responding to a question about whether the government had been responsible fir triggering the conflict, he said that such a charge would need to be investigated. If this turns out to the true, then some individual or institution that had been granted powers by the state had failed o take action quickly enough to prevent the incident from occurring, and this is matter for KomnasHAM to issue a charge.

He recognised that  according to investigations reported in the media, there were indeed actions by the government and related persons, and the question was, why had the conflict occurred and why were casualties still occurring. ‘It is our task to investigate whether actions were taken by the state and whether they were   justified.’

As has previously been reported, the conflict that relates to the election of the head of the district of Puncak and has resulted in 49 casualties among the local community since 30 July 2011. This conflict was still on-going up until 14 January 2012 in the district and the government has not made any efforts to resolve it, nor have the police done anything to resolve the conflict, which is being described as a tribal war between people living in the Central Highlands. It relates to an internal dispute within the political party called Gerindra, between a number of candidates. Gerindra has turned this internal conflict into a conflict between the commnity in general  which has paralysed all development activities there.


Human rights violations in Papua are very high, according to a three-year survey

JUBI, 20 January 2012

[A photograph at the beginning of the article shows three little boys squatting in the street and inhaling aibon.]

The Papuan branch of Komnas HAM, the National Commission  on Human Rights, believes that violations of economic, social and cultural rights  in Papua are very serious  and can be described as gross human rights violations.

The commission’s chairman for co-ordination, Adriana S. Walli, has drawn together a great deal of information in her review of the prospects for economic, social and cultural rights in Papua which she presented at a Focus Group Discussion which was held in Jayapura on 20 January.

According to Adriana, repression and ECOSOC violations have been perpetrated on a vast scale during the past three years .’These violations are occurring on a daily basis and can be identified as gross violations. However, she said, they are brushed aside as being nothing more than trivia.

She went on to say that there were two indicators for why these violations continue to occur. The first was the prevailing view that these violations were trivial, and the second was the lack of commitment of the government and various related agencies.

While presenting her data, Adriana  said that when she was carrying out her investigations during the past three years, she had come across  a great number of ECOSOC violations, especially in health, economic rights and children’s rights.

She drew attention to the fact that in the various hospitals, little had been done to improve the facilities. Many of the personnel were harking back to Dutch times. The supply of clean water is inadequate while there has been a big increase in the number of street children. Many of these youngsters consume alcohol and sniff dangerous substances such as aibon; they also participate in free sex practices, take drugs and so on.

Small indigenous Papuan traders have great difficulty obtaining credit to grow their businesses while they still use traditional methods to handle their finances.

The chairman of the Papuan branch of Komnas HAM, the National Commission on Human Rights, Julius Ongge, told the gathering that the  government of the province of Papua  must be held responsible for the implementation of ECOSOC rights. When local people call for  their basic rights such as customary rights and their rights to education and health, it is obligatory for the government to respond but what in fact happens is that they come face to face with the security forces.

‘Whenever people make demands for their rights, they confront many alarming accusations  and often have to face lengthy legal processes even they have done nothing wrong,’ he said.


Papuan People need not be afraid to talk about Independence

Bintang Papua,6 January 2011Papuans Needn’t be Afraid to Talk about Merdeka-Independence

Biak: A human rights lawyer and advocate has reminded the Papuan people that they needn’t be afraid  to talk about independence for Papua because independence for Papua is a basic human rights  that is legally recognised  and can be fought for by legal, democratic and political means. ‘I say this because  the 1945 Constitution guarantees these rights,’ said Yan Christian Warinussy, executive-director of LP3BH-Manokwari.

He said that the Universal Declaration of Human Rights and the UN Declaration on the Rights of Indigenous People also guarantee these rights. He went on to say that  Papua Merdeka  is the political aspiration of the majority of the Papuan people which must be fought for  by peaceful,dgnfied and democratic means through universal legal and political mechanisms. All components of the Papuan people should unite  and discuss the various developments that provide the background for these aspirations of the Papuan people and should reach agreement on the issues that they should discuss in the context of a Papua-Indonesian dialogue.

The aspiration for Papua Merdeka must be used as the basis in every discussion which should at all times be based on the basic issues that were  agreed upon at the Papuan Peace Conference held from 5 – 7 July 2011 which included political, security, legal issues as well as basic human rights, and social, cultural, economic and environmental rights. He said that these issues were drawn up as the necessary steps towards the Papua-Indonesia Dialogue, with a recommendation about five people as negotiators agreed upon at the people’s conference. A declaration on a peaceful Papua was also agreed  upon as the guidance at the Papuan Peace Congress which was held from 16 – 19 October 2011 in Zacheus-Padang Bulan field, Abepura. Forkorus Yaboisembut was elected as the head, with Edison Waromi as the prime minister and all this was adopted as the strategic position of the  Papuan people on their way forward to the Dialogue.

Other components that were included were the OPM, the Papuan Presidium Council, the West Papua National Coalition for Liberation, the West Papua National Authority, the National Youth Committee  the military wing, the TPN-PB, as well as other organisations in the Land of Papua and overseas*.   He expressed the hope that all these components would come together  and draw up an agenda for this struggle  in a systematic and responsible way, using legal and political mechanisms that are universally recognised. ‘Papuans need not be afraid to talk about their independence,’ he said.

{*West Papua Media note: this list of supporting organisations is referring to the Papua Peace Network meetings, and not to the 3rd Papuan People’s Congress at Zacheus Field: this Congress was not supported by all sectors of the resistance movement including the TPN-OPM and KNPB as they asserted it did not go far enough}

He also said that the Dewan Adat Papua – Customary Papuan Council – would be the people’s organisation that would unite all the various components in the Papuan struggle, in response to the aspirations of the Papuan people

He warned the security forces in the region not to stand in the way of the Papuan people or try to infiltrate the Papuan people in order to prevent them from freely using legal procedures and mechanisms  based on the 1945 Constitution and Law 39/1999 [on human rights] as well as other human rights documents in the course of their discussions on their political rights  in the Land of Papua.


It’s time for Jakarta-Papua dialogue, says MRP deputy chair

Bintang Papua, 3 January, 2012
[Abridged in translation by TAPOL]
Jayapura: ‘The new year, 2012  must be a year in which dialogue between Papua and Jakarta takes place,’ said  Hofni Simbiak, deputy chair of the MRP, during a discussion about development, the human rights situation and civil society in Papua.’As a response to the current political and ECOSOCsituation  in Papua, all sections of the people in Papua agree that 2012 should be the year in which dialogue between Jakarta and Papua should take place. This is an emergency and there should be a response from the central and regional governments,’ said Septer Manufandu. He said that if  the government fails to respond to people’s calls for dialogue, this will damage the reputation of the government in the eyes of the people.

He went on to  say that 2012s a year in which many problems must be solved through dialogue and it is up to the government quickly take the initiative, as a way of improving Indonesia’s reputation worldwide. ‘Dialogue is the only way to solve the problems in Papua and to put an end to violence.’ He also said that  the government should make an evaluation of the implementation of the development programme since the adoption of the special autonomy law (in 2001). This should include evaluating developments in education and health and to see whether this has benefited the people or Papua or not. These are matters requiring the serious attention of the government, he went on to say.

According to Hofni Simbiak, all the activities in 2011  were orientated towards projects for which  there was no financial backing because of the misuse of the funds and corruption which is widespread in the education and health sectors.

Although the government had taken action regarding the implementation of UP4B (Unit to Accelerate Development in Papua and West Papua), the MRP des not agree with this programme. As far as they can see, a lot of money has been spent but this has not had any significant impact which has resulted in the people losing confidence in the government. As long as the Papuan people are not themselves the object  of all the development, this will continue to be a problem from year to year and could be a time bomb. This also applies to the UP4B, which could create big problems in 2012.

According to Septer Manufandu, the failures in human rights problems as well as political problems and ECOSOC had intensified in 2011 so much so that the government could be charged with failure on these issues as well as its failure to deal with the issues of education and health.


Troop deployment to Paniai must stop

JUBI, 3 January 2012
Responding to reports from the community in Paniai that additional troops are still arriving in Paniai, the deputy chair of the Majelis Rakyat Papua said that this must stop

Venetina Koyoga said that according to the most recent information from Paniai, additional troops continue to arrive there while local people are reported to be evacuating from the area.

‘According to information we have received from the people there, the inhabitants of two kampungs have already evacuated. We are checking these reports but if they are indeed true, I would like to stress that no more troops should be sent there,. This must stop so as to ensure that the people there can live in peace, instead of what is happening now. Let us all sit down together, the Governor, the MRP and the DPRP, and agree to a good solution.’

If there is any increase in the number of troops, there should be coordination between representatives of the people in the province, such as the governor, the DPRP and the MRP. If there is no such coordination, the people there will continue to feel threatened,’ she said.

‘I very much regret the fact that there have been acts of violence against people living in Nabire, Puncak Jaya, Ttimika and other places in Papua. We should all sit down together and find the best solution to the problems there. The deployment of troops should end and those troops already there should be withdrawn.’


Human Rights Commission urges police chief to withdraw his troops from Paniai

JUBI, 17 December 2011The National Human Rights Commission (Komnas HAM) has urged the chief of police  to immediately withdraw his Brimob troops  from the district of Paniai and not to send any more troops there.

This request is made in a letter signed by the deputy head of Komnas HAM, M. Ridha Saleh, which is a follow-up of the complaint made by   the chairman f the Regional Traditional Council (DAD)  in Paniai several days ago. He said that the complaint  was made  because of two recent incidents involving members of the police force. One was shooting in the vicinity of the copper-and-gold mine in Degheuwo which led to the death of a civilian and the other relates to the situation following the dispatch of 150 additional Brimob troops who arrived in Enarotali  on 11-14 November 2011

In the second place, the Brimob post which was set up in the midst of several kampungs. should be removed.

Thirdly, to immediately conduct an investigation into what caused the death of Mateus Tenouye. Fourthly, to restore a conducive situation so as to enable the people in the district of Paniai to go about their daily activities.

And fifthly, to speedily hold dialogue with all parties involved in conflicts and to help the community to resolve problems that have occurred in the district of Paniai.

‘This request is in accordance with the authority rested in Komnas HAM according to Article 89, para (3) of Law on Human Rights 39/1999,’ the letter said. Copies of the letter have been sent to the chairman of Komnas HAM, the chief of police in Papua based in Jayapura and to the Paniai chief of police in Madi.

Komnas HAM very much hopes that the situation of the people in Paniai will be more conducive, bearing in mind that all people have the right to live in peace and tranquillity and to be protected against threats of fear, in accordance with article 15, para (30) of Law 39/1999.

Komnas HAM also calls upon all people to do everything possible to safeguard a conducive situation for people living in Paniai.

‘The chief of police needs to re-evaluate  the policy of sending additional  Brimob troops to Papua, particularly to Paniai. His troops must be withdrawn  because the people there are very upset, especially because of the attack on Eduda several days ago which has only intensified these fears and are having a significant impact   because people are unable to organise activities  in preparation for Christmas Day which is fast approaching.’

At the present time, there are hundreds of Brimob troops and police in Eduda, which is the headquarters of TPN/OPM, after managing to occupy the area.

Calls for the withdrawal of these troops  have also be made by others, especially since, in the past couple of days, operations in the area have intensified  in an attempt to hunt down the group of John Magai Yogi, who recently moved into the forest.


SBS: Indonesia attacking Papuans: claim

19 Dec 2011
By Stefan Armbruster
Download Episode Duration00:03:09 Download2MB

POLRI GEGANA anti-terrorism troops attacking peaceful flagraisers, Taokou Village, East Paniai , December 1 (West Papua Media)

A Papuan human rights group says Indonesian helicopters have been strafing villages, killing more than a dozen people and displacing up to 25,000 others, in their latest operation against the Free Papua Movement, or OPM.

Indonesian media has reported clashed between OPM fighters and the police and military – known as TNI – in the past week in the troubled province.

West Papuans have been seeking independence since Indonesia invaded in 1962, at the end of 130 years of Dutch colonial rule.

Stefan Armbruster spoke with the director of the Institute of Human Rights Study and Advocacy in the Papuan city of Jayapura, Ferry Marisan.

Download Episode Duration00:03:09 Download2MB


KAMPAK Papua Condemns Police Beating of Human Rights Activist and Legal Aid Lawyer

by Oktovianus Pogau at PAPUAN VOICES

(translation, editing by West Papua Media)

SUNDAY, DECEMBER 18, 2011
Dorus Wakum, human rights activists and Kord Papua Axe (Photo: Papuan Voices)
 Jakarta — Indigenous Papuan Communities Against Corruption  in Papua (KAMPAK) condemned the beating of human rights activists and lawyers from Indonesian Legal Aid Foundation (YLBHI) by Jakarta Police Mobile Brigade, yesterday afternoon, Saturday (17/12) at the YLBHI Office.
Dorus Wakum, a Papuan activist from KAMPAK, in a media interview on  Sunday (18/12), said that the beating incident must be followed up, and unscrupulous Brimob brutality must be prosecuted according to the law.
“If you need to fire corrupt Chief of Police and Mobile Brigade members , because they have clearly committed brutal acts against human rights activists,” he added. Dorus explained that after the incident, police and intelligence officers continued to keep the office of the Legal Aid Foundation under surveillance, and also to block access to the KontraS (Commission for the Disappeared) office on Jalan Borobudur KontraS, Menteng , Central Jakarta.
“This has caused great anxiety for civilians who live around the KontraS  and YLBHI offices.  They (officers) keep passing by with full weapons deployed” .  Dorus said for three days armed forces have been monitoring all activists, and human rights lawyers activities in these two offices.
 ”The Metro Jaya police chief should withdraw his officials from around the office YLBHI and KontraS right now,” he said.  The beatings of human rights activists and lawyers from YLBHI lasted until about 05.00 pm yesterday afternoon.
Occurring directly outside the YLBHI office.  a lawyer named Sidik admonished some of the Mobile Brigade officers who were at YLBHI offices without a warrant.  Not thankful for being reprimanded, Sidik was hit directly behind by some Mobile Brigade officers.  At time of writing the beating complaint has not been followed-up the Jakarta Police.
WEST PAPUA MEDIA note:  KontraS, a highly respected Indonesian human rights NGO, has been highly critical of Jakarta’s abuses and military approach to dealing with Papua, and it’s lawyers are regularly targeted by security forces for representing victims of abuse.

Australia must act after more conflict in West Papua: Greens

Media Release
http://richard-di-natale.greensmps.org.au/content/media-release/australia-must-act-after-more-conflict-west-papua-greens

Dr. Richard Di Natale
Greens Senator for Victoria

16/12/11

Greens’ spokesperson for West Papua, Senator Richard Di Natale, has called for urgent action in response to reports of conflict, deaths and displacement in the Paniai region of West Papua.

“Australia can no longer stand silent while West Papua burns,” said Senator Di Natale.

“There are reports of villages being raided and razed by Indonesian forces, which may have been trained and armed by Australia.

“In addition to 15 deaths from shootings, thousands of West Papuans are reportedly displaced and some have died from an outbreak of diarrhoea in an overcrowded refugee care centre.

“The Australian Government must urge Indonesia to end the violence immediately, withdraw all military forces from the region and enter into a peaceful dialogue with the Free West Papua movement.

“We must also push for access to be given to the Red Cross so that much needed aid and care can be given to the Papuans in the region. Opening up the area to journalists and human rights organisations is needed so that we can monitor events like these.

“Australia must consider its military links to Indonesia and suspend all ties while such violence continues.

“We cannot stand idly by while this conflict escalates and human rights are being abused on our doorstop.”

Media contact: Andrew Blyberg 0457 901 600


Church officials in Papua Request Troops to be withdrawn from Paniai

from SuaraBaptis http://suarabaptis.blogspot.com

Jayapura - Chairman of the Fellowship Baptist Church of Papua, Socratez Sofyan Yoman, asked the police and TNI members to immediately withdraw from Paniai.  Paniai conflict has given rise to fallen victims and can lead to ongoing violence.
“The Church will not agree when the police stormed the gang falls victim to arise.” That’s barbaric acts, violation of human rights, the authorities what he want. OPM also God’s people, “
“TNI and the police should be immediately withdrawn. There is no reason the authorities are in Paniai in large numbers. First Paniai not like this, secure and peaceful. When there is an apparatus, then there is a conflict, “said Sofyan  Socratez Yoman, Wednesday evening, December 14, 2011.
He said the Papuan independence movement in Paniai not something new. ”Why is not the first armed groups approached. Why only now approaching apparatus. What we regret is that approach instead by way of violence, “he said.
Yoman looked at repressive measures will only open the door for endless war between security officers and armed civilian groups. He asked the government and police review the policy of using weapons in the face of the Free Papua movement. ”If more of its profits do not use weapons, and more losses through the exchange of fire, it just stopped.”
The Church will not agree when the police stormed the gang falls victim to arise. ”That’s barbaric acts, violation of human rights, the authorities what he want. OPM is also God’s people, “he said.
Paniai gunbattle between Brimob and the OPM, Tuesday, December 13, 2011 yesterday, has given such great losses. ”There are about 70 houses burned down the police, the commander’s house, we post all of them burned,” said Le Yeimo, a spokesman for the OPM Division II Makodam Pemka Paniai IV.
From the police, Bripka Supono shot in the leg. ”The chase continues we did. For while the OPM headquarters in Eduda we have mastered. We are currently seeking a hiding place them again and try to clean up this movement, “says Police Chief Adjunct Senior Commissioner Paniai Police Janus Siregar.
He hopes the group who opposed surrender to avoid a shootout. ”We will continue to pursue until they surrendered,” he said.
JERRY OMONA

Shootings, village burnings and helicopter attacks continue across Paniai

 

SPECIAL REPORT AND UPDATE

by Nick Chesterfield at westpapuamedia.info

December 16, 2011

Harrowing accounts of terror and intimidation are emerging from villagers and human rights workers in the remote Paniai district in West Papua overnight, as a massive Indonesian military assault against National Liberation Army guerrillas continues.

Local human rights and church sources are reporting that ordinary villagers are being subjected to significant human rights abuses by a combined Indonesian police and military force, and have called for immediate international intervention in West Papua to stop the violence.

Over four full strength combat battalions of Indonesian army (TNI) Kostrad commandos from Battalion 753, Brimob paramilitary police, and elite counter-terrorism troops from Detachment 88 – all units armed, trained, and supplied by the Australian Government – were deployed in an offensive to surround the headquarters of the Paniai Free Papua National Liberation Army (TPN-OPM), under the command of General Jhon Yogi.

TPN/OPM headquarters Markas Eduda burning after TNI attack, 13/12/2011, Paniai, Papua

Paniai villages burning after TNI attack, 13/12/2011, Paniai, Papua

TPN/OPM headquarters Markas Eduda burning after TNI attack, 13/12/2011, Paniai, Papua

Punitive village burnings and raids are continuing in remote villages around the TPN/OPM headquarters of Markas Eduda.  At the time of writing, seventy-five houses, six schools, and about 25 other buildings have been recorded as burnt down in a total of 27 villages by Indonesian security forces.

Eighteen people are now confirmed dead – fifteen from gunshot wounds, and three refugees who allegedly succumbed to starvation in the so-called care centres under the control of security forces.  The victims’ names from the attack in Eduda are:

Dead:

  1. Tapupai Gobay (30) was shot in the chest.
  2. Tawe Bunai Awe (30) head crushed*.
  3. Uwi Gobay (35) was shot in the abdomen.
  4. Wate Nawipa (25) was shot in the back.
  5. Martinus Gobay (29) head crushed*.
  6. Owdei Yeimo (35) was shot in the back.
  7. Ruben Gobay (25) was shot in the abdomen.
  8. Paul Gobay (42) was shot in the abdomen.
  9. Bernadus Yogi (23) was shot in the chest.
  10. Demianus Yogi (15) was shot in the back.
  11. Simon Kogoya (40) was shot in the abdomen.
  12. Simon Yogi (30) was shot in the head.
  13. Luke Kudiai (25) was shot in the chest.
  14. Alfius Magai (20) head crushed*

Note:  those with “head crushed” allegedly sustained these fatal injuries through severe beatings with rifle butts and “boot stamping”, according to sources

Wounded:

  1. Paschal Kudiai (15) hit by a bullet in the head.
  2. Martinus Kudiai (30) was shot in the hand.
  3. David Mote (40) was shot in the thigh.
  4. Amandus Kudiai (43) was shot in the arm.
  5. Yohan Yogi (21) was shot in the leg.
  6. Mon Yogi (20) was shot in the back.

Credible reports have also confirmed that two civilian “company” helicopters were provided to Security forces, and were allegedly used to drop live grenades and chemical dispersal weapons onto villages surrounding Eduda, and strafe villages with sniper and machine-gun fire on December 13, 14, and 15.  Several independent witnesses have claimed to West Papua Media, and reported elsewhere across social media, that the helicopters are well known in the area for local non-military operations.

"Company" Helicopter alleged by local sources to be used in Indonesia security force offensive in Paniai. Source claims photo taken on Dec 13 aas helicopter was circling group. This photo is not independently verified, however analysis shows the image is consistent with independent witness descriptions, and the terrain and weather conditions are consistent with other photos supplied. (West Papua Media source)

Witnesses interviewed by local human rights workers have claimed that at 0800 local time on December 13, the Company helicopter launched CS gas salvos into the village of Markas Eduda, the TPN headquarters, to flush out villagers and guerrillas.  According to a separate account sent to West Papua Media by TPN/OPM sources, the helicopters landed troops and occupied Eduda for most of the day, with guerrillas taking to forests in retreat.  In retaliation, TPN/OPM fighters shot at the helicopters, unsuccessfully, and several hours of intense fighting ensued which was suspended when Free Papua fighters witnessed many village houses and schools being simultaneously burnt in the surrounding area.  According to the TPN/OPM source, villages were set on fire around Eduda and gunshots were heard for the rest of the day and through the night.  Free Papua fighters have retreated to the forest and are awaiting orders for their next moves, according to the source.

Villagers from across Paniai are continuing to be displaced by the operations, forced to flee en masse into areas around Enaratoli, on the opposite side of Lake Paniai.  As reported on December 14 by West Papua Media, over 131 villages have been abandoned causing at least 10800 Paniai villagers to flee the military operations.

Church sources have further reported that refugees seeking shelter in the Enaratoli area are enduring worsening conditions without any relief.  Armed Indonesian security forces have established a police supervised secure “Care Centre” at Uwatawogi Hall in Enaratoli, and have crammed into it 1715 people from Kopabutu and Dagouto villages.  According to local activists in reports to West Papua Media, local residents are being threatened with arrest and beatings if they try to provide detainees with adequate humanitarian relief.  Police are also preventing people held at the hall from leaving for food or sanitation needs, according to sources.  At the time of writing, three people have died at the “care Centre” since December 9 from Diarrhoea.  They are :

  • OTOLINCEA DEGEI age 2 years , died 8:20pm, 9/12/11;
  • YULIMINA GOBAI Age 4, died 3pm, 14/12/2011;
  • ANNA DEGEI Age 47, died 1030pm, 14/12/2011.

No food, sanitation or medical aid has been made available by any government agency to give relief to this large number of internally displaced people.

Over 9000 refugees are either hiding in the forest or seeking shelter with their own extended families in the region area.  Those with their families are considered safe, however their needs and conditions are difficult to monitor and assess given their isolation

Local teachers have also been in contact with West Papua Media’s stringers.   Since 27 November 2011, teaching and learning activities have been suspended indefinitely in all village schools surrounding Markas Eduda.  Schools such as SD YPPK in Badao Dei, Yimouto, and Obayauweta villages have been suspended, as has Primary, Junior High, “shop” (trade school) and Elementary Instruction in the towns of Dagouto, and Uwani.  The students of these schools have been evacuated with their parents.

A teacher in junior YPPGI Uwani said while repression was occurring in the villages that: “For while we have closed the schools, because school children are frightened and fled with their parents. In addition, we as teachers do not feel safe to make teaching and learning activities. All the teachers have fled Paniai district, and to Nabire. “

On December 15, the army / police battalions have returned to the villages of Uwamani, Dei and Obaipugaida to prepare a major attack for a new phase of the campaign.  It is believed strongly by local activists that the “company” helicopter will still be used in addition to   Unconfirmed reports have been received by West Papua Mediathat the Indonesian arsenal against civilians in Paniai includes one Mil Mi-24 SuperHind gunship, one of two usually stationed near Jayapura.

650 Kostrad troops from Battalion 142 being deployed from Palembang to Paniai in Papua, boarding their troop ship on December 9, 2011

West Papua National Committee (KNPB) activists in Paniai reported on December 15 that after the assaults on villages, the Indonesian military forces are now arresting, intimidating and carrying out interrogation on all  residents across the districts of Toko, Kopabaida and Uwamani.   According the KNPB, Indonesian police have arrested scores of  children and adults, and are conducting brutal and physical interrogations and questioning from 11.00 am until the end of the day

The offensive was ongoing throughout December 15, with Indonesian security forces opening fire in many locations around Eduda.  Overnight, from 0200 to 0600, heavy gunfire erupted across the Degeuwo River valley.  Human rights sources in villages and also with refugees conveyed reports that people were being shot at by snipers if they were moving anywhere after dark, even to collect, food, water, or to secure pigs.  It is not known how many people were killed during the night, but local source are expecting the toll to rise.

According to a report provided tonight by a local pilot, Indonesian security forces shot eleven times into houses in the village of Gekoo, where mourners were gathering for a the funeral of a local man who died from illness.  Villagers alleged that some bullets even landed in their cooking fires, exploding their food pots.

Witnesses reported a series of helicopter raids from 11am on December 15, with helicopters being used to machine-gun the villages of Obaiyepa and Uwaman.  Human rights workers have been unable to access these areas to see if any casualties were sustained.

Unidentified village burnt down 13, dec 2011, near Eduda, Paniai

Helicopters landed at Eduda ceremony ground 11 times from 11:00 to 13:00 hours,  and residents suspect logistics, ammunition and additional forces were being deployed.

The area around Paniai has been long subject to conflict and heavy Indonesian  military offensives against civilians, however in recent months the Indonesian police have taken charge of punitive operations against West Papuans harbouring pro-independence sympathies.   The conflict has recently escalated over land rights and the control of local gold mining operations, with Brimob deeply involved in both joint venture security, and direct involvement in gold businesses and associated activities. The Australian gold mining company Paniai Gold is also operating in the Degeuwo River region.

Indonesian soldiers in Paniai, December 2011

Civilians in the foothills are in panic and reliving the trauma of past operations, according to the report from a local pilot.  “They are concerned emotions again will open in Wegeuto  of the 1982 war Memoria Passionis (memory of suffering) and again when the Army conducted ongoing military operations (DOM – Daerah Operasi Militer) from  1989-1993 across the Badauwo area, near Eduda, ” the source said via email.  He explained that during the last DOM period the army accused and stigmatised civilians as being  members of the TPN-OPM, and subsequently tortured thousands of villagers.  Human rights sources at the time documented villagers being waterboarded / tortured for 24 hours;  residents’ houses burned, raped girls and married women, extrajudicial killings, burning off fingers, moustaches and beards,  pulling fingernails and quartering villagers with armoured vehicles.  Troops also conducted burning and destroying food gardens, killing livestock and pets, and fouling water supplies.

Residents are concerned that the current angry and emotional behaviour by the TNI-police toward TPN / OPM will be vented on civilians living on the slope of the hamlet Wegeuto especially, directly adjacent to Markas Eduda.  In a message delivered to West Papua Media local villagers have pleaded for International Advocacy to get Military and Police immediately withdrawn from Eduda and Paniai in general.

Much trauma is being felt by civilians across Paniai as a result of the offensive.  Independent journalist Sonny Dogopia, from  Papuan Voices ,  interviewed local villagers by telephone on December 14.   Magda Tekege, a housewife from Deiyai District, said civil society is very scared and depressed. ” Here also TNI / Police beat us and put us under surveillance, and are one full alert status, ” she explained.   Deiyai Magda called the situation unusual , “this is probably due to invasion by TNI / police in Paniai, therefore Deiyai also suffer the effects.”

Reports from Tuesday described the exercises that the Australian trained, funded and armed Brimob Gegana unit, upon arriving in Enaratoli proceeded to take over the streets immediately, causing normal town life to be immediately disrupted as local people emptied the streets to hide.

On December 6, Human rights, church sources and local activists had independently claimed that 542 people have been forcibly evacuated by troops from the Special Gegana Brimob “Counter” terrorist police unit.  The villages of Dagouto and Kopabatu and surrounding hamlets in the Dagoutu Paniai district were evicted after the Gegana unit decided it wanted to expand a new headquarters facility to deploy in the offensive against Jhon Yogi, the local leader of the armed guerrilla unit of the National Liberation Army (TPN-OPM).

The Gegana unit, a specialised elite anti-terrorist unit of the Indonesian police has been deployed heavily across Papua to crackdown on pro-independence activists engaged in non-violent resistance, as well as to eliminate the armed struggle groups.  Gegana is one of several elite Indonesian police units that receives arms, funding, and training from the Australian Government, and was blamed on December 3 for burning down a church and school in Wandenggobak, in the highland regency of Puncak Jaya.

As this article was going to press, an update was received from a trusted human rights worker in Paniai.  “At 2300 in the evening, Brimob Coconut Battalion 2 burned down buildings of Paniai Districts’ tourism assets, located in Bukit Dupia, in the same location as the Regent’s residence.  This evening in Paniai the situation is very tense”.  TPN fighters reportedly have returned fire on the attack and heavy fighting is still occurring,

The situation is ongoing and developing and West Papua Media will continue to closely monitor events.

Please urgently help us continue this work.  @westpapuamedia ia working tirelessly to end impunity in Papua with effective journalism. But we need your help  – PLEASE DONATE NOW wp.me/P1aPlR-116


Greens: Reports of villages razed, homes torched in West Papua

Reports of villages razed, homes torched in West Papua

http://richard-di-natale.greensmps.org.au/content/news-story/reports-villages-torched-west-papua

Senator Richard Di Natale, Greens spokesperson for West Papua, has expressed his concern at reports of the razing of villages and forced evacuations in the Paniai region of West Papua yesterday during a campaign by Indonesian security forces against local members of the Free Papua National Liberation Army.

Though the area is not open to journalists, reports from human rights organisations suggest that Brimob paramilitary police and elite counter-terrorism troops from Detachment 88, consisting of units armed, trained, and supplied by the Australian Government, were deployed.

“It is very worrying to hear of dozens of villages being torched and helicopters dropping large numbers of Indonesian ground troops into the Paniai region,” said Senator Di Natale.

“If these reports from the region are accurate they indicate a very heavy handed military presence.

“Australia and the rest of the world is watching West Papua right now after the recent violent crackdown at the West Papua People’s Congress. This is yet another very concerning move by the Indonesian military in a region where human rights and democratic freedoms are not being upheld.”


AHRC: INDONESIA: Human Rights in 2011 – The Decay of Pancasila and Constitutional Protections

Human Rights Day, December 10, 2011


On the occasion of the International Human Rights Day, December 10, 2011 the AHRC publishes its annual report on the State of Human Rights in Indonesia in 2011.

The full report will be made available for download at http://www.humanrights.asia/resources/hrreport/2011/AHRC-SPR-006-2011/view.

In 2011, the Asian Human Rights Commission (AHRC) has witnessed a deterioration of the human rights situation in Indonesia in terms of religious freedom, the role of the judiciary and accountability for violence by security forces. This report, which is based on the organisation’s documentation and monitoring work, shows that Indonesia remains heavily affected by serious human rights violations and shortcomings in the rule of law. The lack of effective prevention and legal measures taken by the legal apparatus against fundamentalist groups, shows the inability of the State to ensure fundamental rights, such as the right to life and the right to freedom of thought, conscience and religion.

Constitutional foundations such as “unity in diversity” (Pancasila) and fundamental rights are being undermined, as is being seen in the lack of appropriate responses by the State to the decay of religious pluralism and diversity. Constitutional fundamental rights are not being enforced for Aceh’s citizens, who live under discriminating Sharia laws, or for religious minorities in Java and elsewhere in the country, who face persecution, or for indigenous Papuans who lack equal access to justice, protection and social welfare and as a result increasingly reject Indonesian citizenship. Indonesia’s international recognition as a role-model for secular democracy in the region, and as the country with the world’s largest Muslim population, is losing credibility.

Numerous cases of violations of the freedom of religion were reported in 2011. This situation cannot be separated from Indonesia’s recent history. The relationship between State and religion in Indonesia is swinging from one extreme to the other. Under the authoritarian Suharto regime, which was in power until 1998, religious movements were violently suppressed, as shown in the Tanjung Priok (1984) and Talangsari (1989) incidents, during which hundreds of Muslims were killed. Alleged perpetrators in that case remain unpunished. The use of violence against religious groups was a strategy at that time to prevent Islamists from gaining political power. Conversely, the trend that has developed in recent years shows that religious organisations are now undermining State institutions and justice processes. The increased religious violence is exemplified by the killing of three Ahmadiyah followers in February 2011. The perpetrators in the case have received no or only lenient punishments, while victims among religious minorities suffer persecution.

Violence by security forces, including the police and military, remains the other major concern in Indonesia in 2011. The AHRC continued to receive numerous cases of torture by the police, and, from crises regions under heavy military control like Papua, (1) it received cases of torture by the military. The AHRC is deeply concerned by the violent dispersal and killings during the Third Papuan Congress in October 2011.

The prevailing climate of impunity permits such violence to go unchecked. It is caused by the lack of effective reforms to provide impartial and professional accountability mechanisms, including for human rights violations. Efforts to develop and reform the bodies mandated to oversee the police, prosecution and judiciary, such as the extension of the mandate of the National Police Commission (KOMPOLNAS) and the mandate of the Prosecutorial Commission, are important steps taken by the GoI. However, in practice, police officers cannot be criminally prosecuted for the widespread use of torture to obtain information or punish detainees, and members of the military cannot be held accountable by independent investigations and civilian courts. They continue to be tried exclusively by the Indonesian National Army’s (TNI) legal system, which has serious flaws and typically perpetuates impunity. While Indonesia had announced the inclusion of the crime of torture in its new draft criminal code, this draft has been pending for adoption for many years. Sharia law in Aceh institutionalises corporal punishment and therefore inhuman and degrading treatment, and violates rights concerning fair trials.

The freedom of expression of activists in Papua is frequently violated through arrests of protesters and imprisonment for the peaceful expression of political opinions. More than 60 cases of violence against journalists in 2011 and several defamation law suits were reported. A new law concerning the State’s intelligence system passed in 2011, and allows for arbitrary measures that violate human rights and can be used to silence activists. Civil society faces many serious challenges to their ability to perform work in favour of human rights and reforms.

As a survey by the Kompas newspaper in 12 major Indonesian cities in October revealed, 83\% of the respondents are dissatisfied with the work of the police, judiciary and the attorney general’s office in upholding the law. Almost 100\% of the respondents felt that political conflicts within the police and corruption within State institutions is, in general, in a serious condition. (2)

Politicisation of criminal justice institutions such as the Attorney General’s Office (AGO), corruption in the judiciary and the immunity of military commanders present an ongoing problem. The lack of accountability for gross violations of human rights and ongoing impunity for the instigators of the 2004 assassination of Indonesia’s leading human rights defender, Munir Said Thalib, due to the refusal of the Attorney General to conduct new investigations, are key indicators concerning the inability of State institutions to address human rights violations effectively, and thus to fulfil their mandate to ensure a just and fair society. As a result, religious extremism grows and violations by security forces continue.

The full report will be made available for download at http://www.humanrights.asia/resources/hrreport/2011/AHRC-SPR-006-2011/view.

——-


West Papua Report December 2011: Central Highlands targeted, Repression as policy, Climate Change, Special Autonomy

West Papua Report

December 2011

This is the 91st 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. If you wish to receive the report via e-mail, send a note toetan@etan.org.

Summary: A new operation by security forces in West Papua’s central highland region
has targeted civilians with destruction of a church, houses and other buildings. Human rights organizations are calling for an investigation of security force brutality associated with the October 16-19 Papuan Congress. Continued repression in West Papua and the Yudhoyono administration’s defense of the perpetrators of that repression as well as the impunity regularly accorded the perpetrators points to the Jakarta’s ultimate responsibility for the violence. The decade-old Special Autonomy policy in West Papua constitutes a strategy for subjugation of Papuans in their own homeland.

Contents:

Security Forces Again Target Civilians in Papuan Central Highlands

POLRI GEGANA anti-terrorism troops attacking peaceful flag raisers, Taokou Village, East Paniai, December 1 (West Papua Media)

West Papua Media reports that a major offensive by Indonesian security forces in West Papua’s Central Highlands (Puncak Jaya) was launched on December 1. Special forces of the militarized police (Brimob) attacked the village of Wandenggobak on December 3, burned a church, an unknown number of houses and village guard houses. Initial reports suggest some civilian casualties, but the number of Papuan civilians killed and injured is not known.

According to West Papua Media sources, the assault on the village was in reprisal for the killing of two Brimob personnel in earlier fighting with forces of Goliat Tabuni, a local leader of the Papua independence movement.

The latest “sweeping operation” reportedly coincided with a December 1 peaceful demonstration by a large number of Papuans celebrating the 50th anniversary of the first raising of the Papuan independence flag at the district center of Tingginambut. National police spokesman Maj. Gen. Saud Usman Nasution says hundreds of troops have been deployed in Puncak Jaya.

West Papua Media notes that the Brimob unit involved (the “anti terrorist” Gegana Brimob) has received Australian training and weaponry obtained from Australia.

About 110 residents of Berap and Genyem villages, near Lake Sentani in Papua, have been forced to flee to the forest after Indonesian Police terrorized the village. WestPapuaMedia

New Reports on Security Force Attack on Papuan Congress, Call for Accountability

Video of attack on West Papua Congress.

The November 29 Jakarta Globe reported that the Institute for Human Rights Study and Advocacy (Elsham) and the Communion of Churches in Papua (PGGP) said that at least 51 people had been tortured by members of the military and police during and after the October 16-19 Papuan Congress (see West Papua Report November 2011).

Congress participants testified that they had been “beaten and kicked repeatedly by security forces both at the congress site and while being transported to police headquarters. Some participants said they were beaten at the police station.”

These accounts echoed victim testimony reported elsewhere. The ELSHAM and PGGP report broke new ground, however, noting that security forces also looted and vandalized a monastery.

The Rev. Wellem Maury of the PGGP said the National Commission on Human Rights (Komnas HAM) should assume responsibility for the investigation and specifically form a fact-finding team to investigate allegations of human rights abuses, torture and excessive use of force. “Komnas HAM must also report its findings to the Coordinating Ministry for Politics, Legal and Security Affairs so there is an open and fair trial,” he said.

Brutal Repression in West Papua: A Product of Rogue Security Forces or Yudhoyono Administration Policy?

The injustice of the brutal assault on peaceful Papuan civilians at the Papuan Congress on October 19 has been compounded by exceedingly light sentences for the perpetrators of the abuses, including the death of at least three dissenters and the beating/torture of scores of others. A security force-led investigation produced official reprimands for 13 district police officers, four Mobil Brigade (Brimob) officers and one district police chief, while five Jayapura Police officers were given seven-day detentions.


The silence of the President regarding the October 19 assault, the impunity accorded the perpetrators, and the defense of their actions by senior Yudhoyono administration officials underscore the President’s direct responsibility.


Any impact of these minimal sanctions has been mitigated by comments by key security leaders. National Police chief Gen. Timur Pradopo told the House of Representatives that some police officers had taken the wrong approach during the third Papuan People’s Congress. However, he defended the measures taken saying “what we did [at Abepura] was part of law enforcement.” Coordinating Political, Legal and Security Affairs Minister Djoko Suyanto, at the same House hearing echoed Timur’s statement. “I hereby defend my colleague from the police. I think it’s impossible for officers [military and police] to commit violence for no reason – there must be a logical explanation for their anarchist deeds.” The spokesman for President Yudhoyono Julian Aldrin Pasha also has defended the assault, telling the Jakarta Post: “In principle, we have dealt with the Papua issue properly.” He added that the police were justified in forcibly dispersing the Third Papuan People’s Congress in Abepura when it found that it was an act of treason.

Most tellingly, President Yudhoyono himself was dismissive of concerns about human rights violations arising from the October 19 assault, even when those concerns are raised by a foreign Head of State. President Obama, during their November Bali meeting, according to U.S. government sources, raised the October 19 assault. Yudhoyono told mediathat said he responded to the U.S. leader by contending that Indonesian forces were conducting legitimate operations against an ”insurgency” and that Indonesian forces came under attack from separatists. ”If there are members who have violated the laws, gross violations of human rights, then they will go before the law,” he said. ”I told him personally, there is no impunity, no immunity.” Apparently Yudhoyono public silence specifically regarding the October 19 extended to his evasive response to President Obama’s direct question.

WPAT Comment: International reaction to the October 19 assault, mostly from human rights organizations, but also from some international parliamentarians such as U.S. Representative Eni Faleomavaega (see West Papua Report November 2011), condemned the Indonesian security forces as responsible for violence against peaceful dissenters. Such international opprobrium directed at security forces abuses over the years has been strong and often has identified specific units and officers as perpetrators of these rights violations. But such criticism may be misdirected. The silence of the President regarding the October 19 assault, the impunity accorded the perpetrators, and the defense of their actions by senior Yudhoyono administration officials underscore the President’s direct responsibility, not only for the assault, but for the climate of repression that assures such abuses will continue. The Yudhoyono administration itself, and President Yudhoyono himself, should stand in the dock for these crimes.

Where Are Indonesia’s Indigenous Voices in the Climate Change Debate?

November 30 Jakarta Globe article by Andrew D. Kaspar underscored the importance of annual international climate change conference now meeting in Durban, South Africa. While much of the coverage in the run-up to the conference has focused on the failure of many developed nations, notably the U.S., to live up to commitments made in this area, another key issue is the extent to which perspectives of the indigenous peoples are (and are not) reflected in the deliberations.

Kaspar writes that a key element of any climate change strategy is Reduced Emissions from Deforestation and Forest Degradation (REDD), which is intended to offer payments to encourage forest preservation to prevent the release of carbon dioxide stored in the trees. Kaspar points out that REDD is seen as a particularly potent means of emissions reductions because the vast majority of Indonesia’s emissions are attributed to deforestation.

United Nations Secretary General Ban Ki-moon speaking in mid-November at the launch Indonesia’s UN Office for REDD Coordination made point that “Making REDD a success …will require the commitment and cooperation of all stakeholders. We must ensure that all have a voice.”

Up to now, Indonesia has accorded indigenous stakeholders little say in the fate of the forests that provide sustenance and shelter for many of them. This is particularly true in West Papua where Papuans’ objections to plans for a vast commercial plantation in the Manukwari area have been ignored. Papuan protest over decades of illegal logging either run by or protected by security forces and destruction of vast swaths of sago and mangrove by the Freeport mining operation also have been ignored.

Special Autonomy: A Strategy for Subjugation

“Special Autonomy,” the Indonesian Government’s strategy for addressing the myriad problems confronting the Papuan people, is now ten years old. Inaugurated by then-President Megawati in 2001, the plan was intended to address decades of failed development and the absence of critical health, education and other services which have impoverished and marginalized the Papuan people since West Papua’s coercive annexation by Indonesia in 1969.

The Papuan people have resoundingly rejected Special Autonomy, most notably in massive, peaceful demonstrations in June of 2010 (see West Papua Report July 2010).

While most independent analyses have consistently described “special autonomy” as a failed approach, criticism of the plan has largely focused on Jakarta’s hapless implementation of the policy. But a closer analysis of Special Autonomy suggests a more sinister reading of the plan’s impact and real intent.

Over the past decade the plight of Papuans has remained bleak. The poverty level, especially in non-urban areas where most Papuan live, is particularly revealing. The percentage of Papuans identified as living in poverty in the two West Papuan provinces in 2010 are among the highest in Southeast Asia.


Special autonomy funds continue to flow into West Papua in a manner that benefits the transmigrant population. Special Autonomy has disadvantaged Papuans systematically and comprises in effect a strategy for subjugation of Papuans in their own homeland.


According to the Indonesian statistical office (see BPS Nasional), the poverty level is 36.80% in Papua Province and 34.88% in West Papua Province.

Most Papuans live in rural areas and when poverty levels for non-urban populations are separated out the marginalization and suffering of Papuans emerge as especially acute. In the villages of Papua Province the poverty level is 46.02%, but only 5.55% of those living in towns (home to most non-Papuan migrants), The dichotomy between village dwellers (largely Papuans) and towns (largely migrants) in West Papua Province is similar. In villages, 43.38% live in poverty, while in towns only 5.73%.do so.

One long time observer of developments in West Papua (whose identity is not revealed for reasons of his security) argues that the combination of Special Autonomy and Jakarta’s decentralization policy (dividing up the region into increasing numbers of new administrative entities/districts) has been a “disaster” leading to ever greater marginalization of Papuans. He argues: “New districts have been formed without any real base/guarantee that public services will be improved or at least consolidated,” and that as a result, “new districts are much worse of than before.”

Many of the staff appointed to administer the new districts live outside the new districts, “hardly showing up where they should be working daily,” he told the West Papua Report. Moreover, the Jakarta central government has pressed the newly created districts to seek their own sources of financial income “opening the door wide for all kind of devastating investments without any critical reflection as to the impact on local indigenous communities such as the Merauke Integrated Food and Energy Estate.”

In reality, a large portion of the Special Autonomy funds flowing to West Papua has been devoted to infrastructure development and expansion of services in the towns to meet the needs of government-sponsored migrants (transmigrants) from other parts of Indonesia. The Ministry of Transmigration and Labor announced in late November plans to build three “new transmigration towns” in West Papua: Senggi in Keerom District, Muting and Salor in Merauke District (see p.6 Bintang Papua, November 29).

Special Autonomy funding of projects and services for migrants appear to have aggravated the marginalization of Papuans demographically in their own lands. Papuans constituted only 49.55% of the population of West Papuaaccording to 2010 Indonesian statistics. Population growth rates according to these same statistics for dire for Papuans with at only 1.84% annual growth for Papuans and 10.82 annual growth for non-Papuans.

The reality on the ground in West Papua is grinding poverty for many Papuans and a persistent dearth of critical services in rural areas where most Papuans live. Meanwhile, special autonomy funds continue to flow into West Papua in a manner that benefits the transmigrant population. Special Autonomy has disadvantaged Papuans systematically and comprises in effect a strategy for subjugation of Papuans in their own homeland.

Peaceful Papuans Celebrate 50th Anniversary of Raising of Papuan National Flag

Bintang Papua reported that thousands of Papuans peacefully gathered at the the tomb of Theys Hijo Eluay at  Sentani, District of Jayapura, to celebrate the 50th anniversary of Papua’s independence on 1 December. Theys Eluay was murdered by Indonesian Special Forces personnel (Kopassus) in 2001.

At the gathering, the co-coordinator of the 50th anniversary committee, Jack Wanggai read out a series of demands which expressed support for international monitored negotiations on the future of West Papua and a referendum of the Papuan people who for decades have been denied the right of self-determination. At the gathering there were also calls for the Indonesian government to immediately withdraw army and police troops from Papua and to release political prisoners in West Papua.

Wanggai also noted the Papuans rejection of the Indonesian government’s latest initiative to evade an internationally facilitated, senior level dialogue i.e., the creation of the special organization known as  UP4B – Unit for the Acceleration of Development in Papua and West Papua (see West Papua Report November 2011 for background on this unit and its leadership).

While the event was under way, troops conducted patrols along the roads, as well as in the vicinity of residential houses and shops. These activities by the security forces failed deter the people who completed their program peacefully.


It is time to put talk into action: Aust Parliament speech by Jane Prentice MP (Ryan)

Hansard Transcript of  Speech given to the Australian Parliament House of Representatives on Monday November 21,  by Jane Prentice MP (Ryan), Liberal Party of Australia.

Mrs PRENTICE (Ryan) (10:42): Like others in this chamber I applaud the sentiment and goals expressed by President Obama in his address to the Australian parliament last week. His words do bear repeating, so I quote:

As two global partners, we stand up for the security and dignity of people around the world.

President Obama said that the larger purpose of his visit to this region was ‘our efforts to advance security, prosperity and human dignity across the Asia-Pacific’ and that ‘Asia will largely define whether the century ahead will be marked by conflict or cooperation, needless suffering or human progress’. He went on to say:

We stand for an international order in which the rights and responsibilities of all nations and people are upheld. … Every nation will chart its own course, yet it is also true that certain rights are universal. … As two great democracies we speak up for these freedoms when they are threatened. We partner with emerging democracies, like Indonesia, to help strengthen the institutions upon which good governance depends. This is the future we seek in the Asia Pacific — security, prosperity and dignity for all.

As I said in my maiden speech, in our region we have a particular responsibility to assist our developing friends, not in a patronising way but with a genuine hand of friendship and support. The developed world has not found a successful form of providing aid to our neighbours, in much the same way that we have much to learn in helping our own Indigenous Australians. In both cases we must persist, because if we fail we let our neighbours down—and, indeed, our first Australians.

I then went on to mention some of the many issues confronting our nearest neighbours. It is against this background that it is important that we acknowledge the respect for human rights that must be accorded to all people.

The people of West Papua are facing challenges that in many ways flow from colonial times, when lines were drawn on maps to suit the interests of colonial powers. As a country we have for more than 100 years been prepared to send our service men and women all over the world, not only into conflict situations but also as peacekeepers. Yet here, literally on our doorstep, we continue to turn a blind eye to the suffering of one of our nearest neighbours.

On that note, with everyone focused on the Asia-Pacific region, as President Obama said, we must stand up for the fundamental rights of every human being. In particular I look to our neighbours in West Papua. Mark my words, history will judge us very harshly. Indeed, we will stand condemned for our lack of action and our lack of compassion. I call on the government in its close partnership with President Obama to ensure basic human rights and freedoms for the people of West Papua. It is time to put talk into action.

HOUSE OF REPRESENTATIVES
PROOF
CONSTITUENCY STATEMENTS
Asia-Pacific Region
SPEECH
Monday, 21 November 2011
BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES


SBS Radio: West Papuans fear flag day crackdown

30 Nov 2011

By Stefan Armbruster

Download Episode  Duration00:03:54  Download2MB

A West Papuan leader-in-exile fears Indonesian security forces will violently suppress the 50th anniversary celebrations of the independence movement’s flag … the Morning Star.

Thousands of police, military and special forces are reportedly massing in the two provinces just north of Australia, ahead of Papuan rallies planned for Thursday.

On Monday, Indonesian police said no officers would face charges over last month’s crackdown on the Papuan People’s Congress.

The crackdown left three Papuans dead and there are claims dozens were tortured.

Stefan Armbruster spoke with London-based West Papuan leader Benny Wenda, for whose arrest Indonesia this week issued an Interpol Red Notice.


West Papuan leader urges peaceful defiance in the lead-up to December 1st

Papuan Leaders take a sit in floor of Papuan Police Prison. From left to right each of them; Edsison Waromi SH (Prime Minister), Forkorus Yaboisembut S.Pd ( President Republic Federal State of West Papua), Dominikus Surabut ( Aktivist)), Gad Wenda (Aktivist ), Agus Senandy Kraar (Aktivist ) and Selpius Bobii (Chair of Orginizing Commettee of Third National Papua Congress). (Photo: West Papua Media)

30 November 2011

Exclusive interview by Alex Rayfield (New Matilda) with West Papua Media

The President of the Federal Republic of West Papua may be behind bars, he may have been savagely beaten by the Indonesian police, but he has not been silenced. From his 5×4 meter cell in the bowels of the Jayapura Police Station – quarters he shares with five other Papuans also charged with rebellion against the Indonesian state – Forkorus Yaboisembut recently issued a rousing call to action smuggled out of prison.

“To all the Papuan people” Yaboisembut writes, “don’t be afraid to celebrate December 1st, whether you do so simply, or as part of large gatherings. Do not be afraid because we, the Papuan people, do not intend to destroy any country; we only wish to defend our political rights.”

Our interview, the first – clandestine – interview with Western media, may be constrained by time and space, but I can picture the tribal elder from previous meetings. He is a quietly spoken man, late in years but strong and alert. He walks tall, sits up straight and dresses neatly in long dark pants; polished slip-on shoes and patterned but subdued crisply ironed business shirts. His short hair and longish grey beard gives him the look of an Old Testament prophet, grandfatherly if you like.

It is painful to think that he when he was arrested on October 19 he was tortured so badly that he could barely sit down – or stand. Dominikus Surabut, from the West Papua Council of Customary Tribal Chiefs, who was detained with the man who is now the President of the Federal Republic of West Papua and who was also badly tortured, tells me that when Mr Yaboisembut was arrested the Police beat him mercilessly with a rifle butt, raining blows down on his head and crashing their weapons into his solar plexus. In a widely published Indonesian language account of the arrest, a religious leader said that an Indonesian soldier was ready to shot him dead but was urged not to by a policeman.

West Papuan’s political rights, Mr Yaboisembut says, are inalienable. “Whether you take the United Nations founding document, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Political Rights or even the Indonesian Constitution as your starting point, Papuans have the right to self-determination.”

Forkorus Yaboisembut S.Pd and , Edison Waromi,SH

“The preamble to the 1945 Indonesian Constitution mentions expressly, that independence is the right of all Nations, and because of this colonialism must be swept away, it is consistent with the principles of justice and humanity. Consequently, the people of Papua cannot be blamed in accordance with any law for wanting to celebrate their national day.”

These ideas, the same ideas that inspired Indonesians to liberate themselves from Dutch rule, are igniting the imagination of entire generation who yearn to be free. What makes Mr Yaboisembut’s ideas even more extraordinary is that he is urging an insurrection that grounded in what he calls “human dignity”.

“December the first 2011, is the fiftieth anniversary of when Papuans first raised the Morning Star flag. It is our golden anniversary, the year of God’s liberation” he says evoking the images of the ancient Jewish custom of Jubilee – of freeing captives and erasing debts. “It must be celebrated in an atmosphere of peace, safety and calm”.

“To Papuans, I therefore say, do not carry out acts of terror, intimidation or commit violence of any kind towards anyone, for whatever reason, whether they are Papuan or migrants.

“Do not be afraid,” Mr Yaboisembut repeats, “God is with us.”

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

“The roots of our oppression is political” says Mr Selphius Bobii, Chair of the Committee of the Third Papuan Congress, who also shares a cell with Mr Yaboisembut and Surabut. “The annexation of our country by Indonesia and the acquiescence of the international community has resulted in state sanctioned human rights violations and creeping genocide.”

Those arrested on October 19 in the wake of the Third Papuan Congress are not backing down from the declaration of independence. “We are committed to using people power, diplomacy and the law to achieve our rights” Bobii tells me.

Dominikus Surabut says that he and the other prisoners are refusing to sign police statements charging them with “rebellion” (makar) under sections 106 and 110 of the Indonesian Criminal Code.

“We have done nothing wrong” Surabut says. “We have a political right to declare independence. We do not seek to destroy Indonesia or any other country. On the contrary, it is the Indonesia state that has attacked us.”

How can it be, they rhetorically ask, that the Indonesian police get written warnings for killing Papuans when Papuan activists nonviolently exercising their rights to freedom of expression are beaten and jailed?

Is this the same country that Obama and Gillard lauded for being a beacon of democracy?

In a widely published letter in support of Papuan political prisoners Human Rights Watch says that the articles under which the six Papuan political prisoners arrested after the Third Papuan Congress have been charged “are a legacy from the Dutch colonial era”. Charging nonviolent activists with rebellion is “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.”

The charge of rebellion is also inconsistent with Indonesia’s international obligations under the International Covenant on Civil and Political Rights (ICCPR) which Indonesia ratified in 2006, a point which the jailed Papuan leaders make repeatedly to me. Besides, the Papuan leaders sigh, we have been left with no other option. “Special Autonomy has totally failed and even the MRP, a state institution convened a meeting which came up with eleven recommendations, one of which was to hold the Third Papuan Congress.”

Outside their police cell, in the streets of the cities and towns of West Papua, in the cloud covered mountains and on the coconut palm fringed coasts a new political consensus is emerging. This consensus has been forged not through endless meetings of the Diaspora, nor in stillborn discussions with political elites in Jakarta, nor in the conference halls of NGO deliberations, but in the furnace of political action. It is simply this: that West Papua must be free.

After the Congress three overlapping political groupings have emerged: the Papuan Peace Network who is calling for political dialogue, the West Papua National Committee who demands a referendum, and the Papua Congress leaders (supported by a loose alliance made up of the West Papua National Authority, the Council of Customary Papuan Chiefs, the Presidium Dewan Papua, and the West Papua National Coalition for Liberation).

The killings of nonviolent Papuans by the Indonesian police and military on October 19 have divided ordinary Indonesians, flushing out ultra-nationalists and their racist discourse, and outraging political moderates longing for a different kind of future than the one left to them by former dictator Suharto.

Inside Papua the massacre appears to be having a unifying effect, although Papuan politics remains complex affair. The West Papua National Committee who opposed the Congress later marched in support of the six political prisoners. Father Neles Tebay, respected intellectual and leader of the Papua Peace Network has intensified the demand for political dialogue. It is a call that has been supported by Yaboisembut and others. “All Papuans, wherever they are must respect the dialogue process democratically initiated through the Papuan Peace Conference and the Papuan Peace Network” wrote Mr Yaboisembut in a message smuggled out of prison.

Whether the Indonesian police and military act in a similarly dignified manner, or not, remains to be seen.

As I write this a long-term Papuan human rights activist sends me this message: “there’s an increase of military patrol of soldiers around Jayapura Township.” Some put the numbers as high as forty thousand. Reports are filtering in of troop surges in Sorong, Paniai (where gunshots have been heard), the border region and Jayapura.

“The atmosphere here is quiet but eerie” my friend writes. We are all waiting to see what December 1 will bring.


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