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Jakarta-Papua dialogue should be held quickly, says commentator

JUBI, 22 June 2012

In the view of the political commentator Frans Maniagasi, the Indonesian government should hold a dialogue with the Papuan people as quickly as possible, in line with the policy of the Papuan Peace Network (JDP). He said this is very urgent indeed because Papuan lives are continuing to be lost.

‘The dialogue for which Pastor Neles Tebay has been working must be held as quickly as possible, ‘ he said, during a ceremony marking environmental day in the province of Papua.

He said that more and more Papuan lives are being lost, stressing that this has been going on for a very long time, since the 1960s.

The dialogue should discuss the emancipation of the  Papuan people. ‘This is a struggle for emancipation,’ said Maniagasi, who recently published a book called ‘Papua’s Future: Freedom, Special Autonomy and Dialogue.’

He said he realised that  the various stages of dialogue would encounter many difficulties because of the  problems among the Papuan people themselves.’The Papuan people consist of a number of tribes and cultures.’

But he said that these  differences could be overcome. ‘The question is – do we want to work together or not? ‘The most important thing is for us to sit down together, to discuss and to work together to push for the dialogue.’


“The Indonesian Government Occupies, Colonises and Marginalises Indigenous Papuans”

by Socratez Sofyan Yoman

translation by WestPapuaMedia from SuaraPapua.com

April 3, 2012

OPINION

(“…thousands of young Papuans that scream against the impartiality, hope the regional government must be aware that the Special Autonomy Law is present for whom? That the Law was created for what? Because of the demands for Independence “to free themselves from The Republic of Indonesia” for the people of Papua.” (Dr. “HC” Herman A. T. Yoku, SIP, Cenderwasih Post and Papua Star, Friday 30/3/2012).

Noble and respected Opinion readers, in my Opinion piece on the topic ‘The Indonesian Government fails to Develop and Protect Indigenous Papuans’, that was published in the Pacific Post, Tuesday 20th March 2012, and in the Papua Star, Thursday 22nd March, 2012, I quoted the promise and commitment by the Government of Indonesia for indigenous Papuans when Papua was forcibly integrated into Indonesia in 1969 with the engineering of the 1969 Referendum.

The quote is as follows: “Interior Minister stated …. the government of Indonesia, is willing and able to protect the welfare of the people of West Irian, therefore, there is no other choice but to live with the Republic of Indonesia” (Source: United Nations Official Records: 1812th Plenary Meeting of the UN Assembly, agenda item 98.19 November 1969, paragraph 18, P.2). After 31 years from 1969 to 2000, the Government of Indonesia made a promise and commitment that is almost the same, in Act No. 21, Year 2001 on Special Autonomy, for: pemberdayaan (empowerment), perlindungan (protection) and keberpihakan (affirmative action) for the original inhabitants of Papua and the Papuan People that have been forced to live within the Republic of Indonesia.

But the reality is that the people of Papua, Indigenous Papuans and the owners of this land and country, are treated inhumanely and are slaughtered like animals in the name of Indonesia. A concrete example: Three Indigenous Papuans were shot dead by security forces on 19th October 2011 at Zakheus field, the shooters were only given disciplinary punishment. This betrayal of human dignity cannot be tolerated in a context of humanity. There is no reason to kill people. It is the toughest crime committed by the state.

Examples of other facts such as the Cenderwasih Post reported: at the Offical Echelon Inauguration at Keerom District, Community Leader from the Indonesia-PNG border, Keerom, Dr. (HC), Herman A.T.Yoku, S.IP, said: “Many young Indigenous Papuans are treated like step-children in the appointment into the echelons. From 117 new Echelon II, III and IV officials inaugurated a few days ago, if carefully calculated, the number of local young people inaugurated is less than 10, from all of those sworn in. I had hoped that affirmative policy that was mandated in Act No. 21, Year 2001 would necessarily be considered by the local government…’ (Cenderawasih Post, Friday, March 30, 2012, p. 14). “As young Papuans the Governor should be aware that the Special Autonomy Act is for who? At the Echelon Inauguration yesterday (Thursday, 29/3/2012) I have not seen one Papuan child sworn in, let alone one Indigenous Keerom child from this country. I am very sorry as a community leader who fights to expand this area – why is it that the governor can’t pay attention to this area? If for only one interest I requested this position, it is that this region can be considered safe because young indigenous Papuans say themselves it is safe.” (Papua Star, on Friday, March 30 2012, p 5).

In my opinion columns about The Special Autonomy Act No. 21, Year 2001, I continually, frankly and openly present the topic (1) “Special Autonomy has failed in Papua”: Papua Star, Thursday, 09/02/2012, p.5; (2) “It’s Time: Papua People Stand Alone”: in The Pacific Post, March 13, 2012 and Papua star, March 16, 2012; (3) “The Indonesian Government fails to Develop and Protect Indigenous Papuans” in the Pacific Post, Tuesday, March 20, 2012 and Papua Star, Thursday , March 22, 2012.
“Special Autonomy is a political solution or a political bargaining between the peoples of Papua and Indonesia, in order that Papuans remain in Indonesia with a guarantee to protect the people of Papua, the empowerment of indigenous Papuans, and affirmative action for indigenous Papuans. However, “in reality, the Special Autonomy has truly failed. Special Autonomy has truly become a killing machine of God’s people in Papua and a destroyer of a future Papuan society and nation.”

Special Autonomy has really become a potent tool for the process of ethnic cleansing in Papua that is safer, quicker, more systematic and does not raise the suspicions of the international community that cares about humanity. Special Autonomy is an institution that prolongs the agony, drops and flow of tears of Indigenous Papuans. Special Autonomy is a solution and political decision about Papua’s political status within Indonesia that has already failed. Special Autonomy is a destroying machine that really marginalises Indigenous Papuans from every aspect. Special Autonomy is second volume of the 1969 Referendum that has already failed and become a new problem.”

Herman Yoku says: “… i am very sorry as a public figure who fights to expand this area – why is it that the governor can’t pay attention to this area?” From this statement it seems evident that many Indigenous Papuan Officials do not have the critical ability in relation to the strategies and traps set by the Indonesian Government around the expansion of districts and provinces over the land of Papua. I regret very much, the way of looking and thinking of young Indigenous Papuan officials that the expansion of districts, cities and provinces are the result of hard work and struggle. It really is not like that.

The real background of the hectic expansion of districts, cities and provinces over the land of West Papua that is wild and uncontrollable, is purely political, economic, security, and a structural and systematic process of ethnic cleansing of Melanesians. And all the political policies of the Indonesian Government are not interested in progressing, advancing and increasing the welfare of Indigenous Papuans. In my opinion, the key clause in the expansion of districts and provinces is the military operation and new style Transmigration operation for the hastening of the ethic cleansing of Melanesians. I have written in an Opinion Column in the Pacific Post, 25th September 2009, with the topic: ‘district/City and Province Expansion in West Papua is a Military and New-style Transmigration Operation’. Special Autonomy Act No.21, Year 2001, has FAILED.

Expansion of Districts, Cities and Provinces that is not balanced with Indigenous Papuans forms chains of occupation, colonisation, and marginalisation. Indigenous Papuans are now being encouraged to take shelter behind the slogan of national development. “Political pitting (the politics of divide and conquer) such as applied by colonizers in Apartheid South Africa in 1978. Pieter W. Bother became Prime Minister and splintered the unity of South African society by setting up puppet states: The Puppet State of Transkei, Puppet State of Tswana, Puppet State of Venda, Puppet State of Ciskei. In the Papuan context, the Colonial Government of Indonesia has formed many puppet districts and also puppet provinces in order to break up the wholeness and unity of Indigenous Papuans.” (Yoman: p. Destruction of Ethnic Melanesia, Breaking the Silence of the History of Violence in West Papua, 2007: p. 224).

The Author himself has documentary evidence writing about military operations. If readers read my book entitled: ‘The Gate to Free Papua’ (Socratez Sofyan Yoman; 2000. Page. 78-86), it is very clearly found in this book, highly confidential documents released by the interior department Director General of the Office of National Unity and Community Protection (DITJEN KESBANG dan LINMAS) in official notes number: 578/ND/KESBANG/DIV/VI/2000, 9th June 2000 by radiogram Governor (Caretaker) head level 1 Irian Jaya, No. BB.091/POM/060200, dated june 2000, and No: 190/1671/SET/ dated 3rd June 2000. The primary goal is a plan and operation of regional conditioning, development of communication networks and the establishment of provinces and districts in Iran Jaya (Papua).

Implementing this operation of conditioning and expansion is the Interior Department, Department of Defence and Security, Department of Foreign Affairs, especially for diplomatic operations, Indonesian Police, Indonesian Military (TNI), the State Intelligence Coordinating Agency (Bakin), Strategic National Intelligence Agency (BAIS ), SPAM, AD Hearquarters, ASTER, KASTER TNI, SINTEL Headquarters, National Police (POLRI), Army Strategic Reserve Command (KOSTRAD), and Special Forces Command (KOPASSUS), Regional Leaders Forum Iran Jaya (Paupa) Province and other provinces.

Another document is a document from the National Security Council Secretary General, Jakarta, May 27 and May 28, 2003 on ‘Strategy for Conflict Resolution with separatist contexts in Papua Province through a political approach to security’ (this document can be seen in my book: “Voice for the Voiceless” Dumma Socratez Sofyan Yoman: 2009; pg. 117-118).

These two documents show the face and militaristic character of the Indonesian Government that annexed and occupies West Papua, and colonises Indigenous occupants, Melanesian people through political engineering since May 1st, 1963, the 1969 Referendum, and legislation Act 21, Year 2001 on Special Autonomy to this day. After annexation, to this date West Papua is seen by the Indonesian Government without an interest in the principles of justice and humanity along with the future survival of the people – the owners, heirs to the country and land of West Papua. The Indonesian Government administers West Papua as a problematic region and conflict area that needs to be resolved by a security approach. Although a security approach is evidently a total failure and the cause of human rights violations that are ruthless and grieve the heart of God’s people.

The expansion of districts / cities and provinces on a large scale if viewed from requirements such as: population, territory, natural resources and human resources; from all of these requirements in relation to total population and the readiness of human resources it is very ironic. Because the total population of Indigenous Papuans is only 1.5 million that does not need many districts/cities and provinces throughout Papua. Many districts/cities and provinces also need human resources that can fulfil the rank and stratification to occupy positions – both structural and functional positions.

Consequences of the large-scale expansion of districts/cities and provinces in West Papua are:

  1. The sending of officials from outside Papua to occupy important and strategic positions when Indigenous people cannot yet fulfil the criteria of rank, skill, experience, level of education.
  2. The sending and coming of people from outside to take economic opportunities in the regional expansion and the marginalisation and destruction of Indigenous people. Mr Juan Mendez, UN Secretary General Special Adviser in the field of Prevention of Genocide, stated: “West Papua is one area that is very alarming because the indigenous population is in danger of annihilation”. Yale University, USA, and the University of Sydney released a report that in Papua there is ethnic cleansing of Indigenous Papuans occurring.
  3. Construction of military and police bases for reasons of national security along with security and safety of settlers.
  4. Dispossession of the people for reasons of building government offices.
  5. Appropriation of community land for the purpose of building large shops, malls, supermarkets, mega-hotels and restaurants.
  6. The destruction of mountains and hills of the people.
  7. Destruction of sago and palm trees as a resource for income and peoples’ lives.
  8. Destruction and pollution of water owned by original inhabitants.

The Indonesian government and security forces have failed to build and instil the ideologies of Pancasila, the 1945 Constitution, The Unitary Republic of Indonesia, Unity in Diversity into Papua’s original inhabitants. On the contrary, the Government and the Indonesian security forces have been successfully built and strengthened ideology of West Papuan Independence by nurturing separatist stigma, rebellion and OPM. This is a fatal mistake made by the Government and security forces over the years. The approach of the Government and Security forces which does not respect human dignity, to this day has alienated the people’s hearts from Indonesia. The Indonesian government and security forces with violence have only managed to integrate (Papua) economically and politically into Indonesia. The Indonesian government really occupies, colonises and marginalises Papua’s original inhabitants.

Due to the failure of the Indonesian Government in Papua, Dr George Junus Aditjondro said: “The problems in Papua have been very difficult to resolve. Therefore, there is no other option but to follow the passionate demands of the people of Papua who want a referendum. And the Indonesian Government must immediately withdraw from Papua. Only a referendum can determine whether the Papuans still want to be part of Indonesia or not “(George’s Commentary at the launch of a book entitled:” West Papua: International Issues “, in the Kontras Office, Jakarta, Thursday, 11/3/2011).

“It’s only a matter if time, if we like it or not, want it or not, we will lose Papua because we have failed to capture the hearts of Papuans and this has been the problem from the beginning.” (Dr.Adnan Buyung Nasution, S.H. : source: Detiknews, Thursday, 16 December 2011).

“I know, I understand and also I’m aware that which I devote here. Therefore, if you are certain or not, believe or not, like or not, are happy or not, sooner or later West Papuans will gain independence and stand alone as one people and nation sovereign over their ancestor’s land. In this confidence and spirit, whatever the risk of people’s opinions and commentary, with firm believe and determination of conscience, I dedicate my knowledge to writing books of cultural history and every occurrence upon this land. So that the children and grandchildren of this nation, into the future, will learn that this nation has experienced a long history and long, bitter and unspeakable suffering perpetrated by the Indonesian Government.” (Ita Wakhu Purom, Numbay (Jayapura), West Papua, Thursday, June 9, 2011, 21:17 WP). This statement of faith has been immortalized in my 13th book entitled: “West Papua: An International Problem” (Yoman: 2011, p.4).

“Upon this rock I place the civilisation of Papuan people, although people possess high intelligence, reason and Marifa, they cannot lead this nation, this nation will rise up and lead itself” (Wasior, Manokwari, October 25, 1925, Rev.. IS Kijne ).

*Author: Chairman of the Board of the Fellowship of Baptist Churches of Papua.


Letters of solidarity flood in their thousands for Filep Karma

by a Special Correspondent for West Papua Media in Abepura

March 19, 2012

Kontras and Filep Karma's family with some of the nearly 7300 letters sent by international supporters of Karma (Photo: West Papua Media)

Filep Karma, is one of the political prisoners given sentences of 15 years of imprisonment by the government of Indonesia, by raising the Morning Star flag, on December 1, 2004, at Trikora field, Abepura. Ever since a period of 7 years, and 3 months of his prison sentence  have lasted in Abepura prison. During captivity Filep Karma received letters of solidarity sent by the International community through the office of the Commission for missing people and victims of violence in Papua (KontrasPapua).   Nearly 7292 letters of support have been sent in the period of 2011 untill 2012.

Filep Karma inside the prison hospital (Photo: West Papua Media)

United for the truth (BUK) and Kontras Papua held a Press Conference on March 19, 2012, and immediately submit a letter of support to the family representative of Filep Karma. Andrefina Karma,  Filep Karmas second daughter  said ” International Community support is strong solidarity for the freedom of my father, the people there once a month hold a simple campaign in front of the Indonesian embassy and called for the unconditional release of Filep Karma”, she said.

Letters that came from different parts of the world  proved that there is support for political prisoners in Papua. Olga Hamadi, Director of Kontras Papua says”  the government should not close her eyes  for the injustice suffered by political prisoners in Papua, both in conditions of health and food at the prison, which  received less serious attention”, she said. She also denied the statement by the Minister of Justice and Human Rights Republic of Indonesia during a visit to Papua saying that there are no political prisoners in Papua.

Filep Karma is one of  figures of political prisoners who never made a compromise with the Government of Indonesia. He rejected any form of clemency, amnesty, and abolition that is given by the Government. ” If I receive clemency, that means I ask for forgiveness to the government, but I do not feel guilty at all, I am just making a peaceful protest. Indonesia is a democratic country, am I wrong to fight for the basic rights of indigenous Papuans?

“I will continue to undergo a period of detention up to 15 years in prison, if you want to release me, I ask to be released unconditionaly”, Filep Karma said, as he was undergoing physiotherapy treatment in DOK II general hospital.

westpapuamedia


Thousands of West Papuans demand Referendum in Jayapura 14 Nov 2011

Several thousand West Papuan people took the streets in Jayapura on November 14 to  calling for a Referendum to demand their right of self determination.

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In another show of mass civil resistance since the brutal crackdown by Indonesian security forces on the 3rd Papuan Peoples Congress,  the demonstration organised by the West Papua National Committee also called for the Government of Indonesia to take responsibility for its increased unjustified violence towards West Papuan people.

Indonesian police attempted to block the march, but protestors pushed through peacefully to continue to the offices of the DPRP, the provincial parliament building.

Demoted former Papuan Police chief Iman Setiawan attempts show of force (Reuters)

Protest organisers earlier expressed grave fears that security forces would attempt to repeat the violence on unarmed and peaceful protestors, but international monitoring and effective citizen media on the ground contributed to the restraint shown by security forces.

Participants rejected dialogue or talk with Jakarta until violence ended and maintained their position that a referendum was the only just pathway towards fulfilling Papuan rights.

“Give us the space for a referendum so that we can choose what we want.  We don’t want dialogue doing the bidding of UP4B, or other policy of Special Autonomy;  We don’t need money, we don’t need to be with  Indonesia, let us be free on our land,” said speakers, referring to the Special Development unit set up by Indonesian President Yudoyhono to dilute Papuan calls for independence.

“The Papuan people have asked for an immediate referendum for self-determination. We reject any dialogue with Jakarta,” protest coordinator Mako Tabuni said.

“The referendum is non-negotiable.”

Mass Action Jayapura, 14 Nov 2011 (Af Wensi)


UN Declares Indonesia’s Detention Of Filep Karma A Violation Of International Law, Calls For Immediate Release

In response to a petition filed by Freedom Now and Hogan Lovells LLP, the United Nations Working Group on Arbitrary Detention has issued its opinion that the Government of Indonesia is in violation of international law by detaining Filep Karma. The Working Group calls on the Government of Indonesia to immediately release the human rights advocate.

Mr. Karma is a prominent Papuan human rights advocate and former civil servant arrested on December 1, 2004 for raising the Papuan Morning Star flag at a political rally in commemoration of Papuan independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was convicted for crimes of hostility against the state and sedition in a trial that fell far below international standards of due process. He now languishes in prison serving a fifteen-year sentence, despite health concerns and calls for his release by numerous NGOs and government officials. In August, 2011, 26 members of the U.S. Congress urged President Yudhoyono to release Mr. Karma. Forty members of Congress signed a similar letter in 2008. This week, President Obama will be in Indonesia attending the 2011 ASEAN Summit—which takes place November 17-19 in Bali—where many hope such human rights discussions will take place.

Freedom Now Executive Director Maran Turner stated: “The United Nations Working Group on Arbitrary Detention has found Indonesia’s actions a clear violation of international law. Mr. Karma is a nonviolent advocate who was arrested for his views and convicted in a trial marred by judicial bias, denial of appeal without reason, and intimidation tactics. I urge President Obama to raise Filep Karma’s case with President Yudhoyono and to call for Indonesia’s compliance with the UN opinion by releasing Filep Karma.”

The United Nations Working Group determined that Mr. Karma’s arrest was due to his exercise of the fundamental rights of freedom of expression, peaceful assembly, and association. According to the UN, provisions used to convict and detain Mr. Karma—including declaring “feelings of hate”—were “drafted in such general and vague terms that they can be used arbitrarily to restrict the freedoms of opinion, expression, assembly and association.” Such a detention violates the International Covenant on Civil and Political Rights, a multi-party treaty by which Indonesia is bound, as well as the Universal Declaration of Human Rights. The Working Group also censured the Government of Indonesia for violating Mr. Karma’s right to a fair trial.

The opinion concluded by calling the Government’s attention to broader human rights violations in Indonesia, for which Filep Karma’s situation is emblematic, stating, “The Working Group will remind The Republic of Indonesia of its duties to comply with international human rights obligations not to detain arbitrarily, to release persons who are arbitrarily detained, and to provide compensation to them.”

Freedom Now, a non-profit, non-partisan organization that works to free prisoners of conscience, and Hogan Lovells LLP, an international law firm, welcome the UN’s decision. They call on the Indonesian government to uphold its commitments under international law and immediately release Mr. Karma.

Source: Freedom Now


Radio Australia: Footage of violent Papuan crackdown emerges

Updated October 27, 2011 16:57:44

More footage has emerged of a shooting in the Indonesian province of West Papua last week… that human rights campaigners say left at least seven people dead and dozens more injured.

Soldiers reportedly opened fire after thousands of people declared independence from Indonesia at the Papuan People’s Congress.

Papuans in exile say that despite the crackdown their campaign for independence is growing – and they want the Indonesian Government to start negotiating.

Presenter: Liz Hobday
Speaker: Professor Peter King, University of Sydney

http://www.radioaustralia.net.au/pacbeat/stories/201110/s3349834.htm


POLICE AND ARMY OPEN FIRE ON PAPUAN CONGRESS

CONFIRMED REPORT FROM CREDIBLE SOURCES ON THE GROUND
FROM CREDIBLE WEST PAPUA MEDIA STRINGERS

(INDONESIAN MILTARY) TNI TROOPS HAVE OPENED FIRE ON  CONGRESS AT 1530 JAYAPURA TIME

LIVE FIRE IS BEING USED ON PEACEFUL GATHERING.  REPORTS OF CASUALTIES BUT NO CONFIRMATION OF NUMBERS.  PETAPA PEACEKEEPERS HAVE BEEN SHOT, REPORTS OF MANY DEAD.  WOMEN TENDING TO SHOT PETAPA SECURITY ALSO SHOT BY INDONESIAN MILITARY.

FORKORUS YABOISEMBUT ALSO ARRESTED FOR SUBVERSION/MAKAR.

TEXTS MESSAGES FROM DELEGATES STATE “WE HAVE ALREADY BEEN ARRESTED”

Confirmation that Edison Waromi has been arrested.

PLEASE ADVOCATE IMMEDIATELY

PLEASE STAY TUNED
WEST PAPUA MEDIA


Third Papuan People’s Congress opens

Bintang Papua, 18 October 2011The Third Papuan People’s Congress opened on Monday according to plan at Lapangan Zakeus [in the open air]. However, the  plan for it to be opened by the general director for regional autonomy of the interior ministry was not realised so instead it was opened by the collective Papuan leadership and marked by the beating of a tifa drum.

Speaking on this occasion, Forkorus Yaboisembut said the objective of the congress was to discuss the basic rights of the indigenous Papuan people and not to destroy the NKRI.

‘Although we will be discussing political rights, we respect the Indonesian government because our intention is not to destroy NKRI. This is a matter of principle,’ he said, speaking to journalists after opening the congress.

‘What we are doing is to struggle for the rights of the indigenous Papuan people. This includes our basic right as a nation.’  Speaking as part of the collective leadership as well as chairman of Dewan Adat Papua  [Papuan Traditional Council], he said he had no personal agenda. ‘But the people have their aspirations and the Indonesian state and other states should respect this.’

He went on to say: ‘If all parties  uphold democracy, basic human rights and international law, the Third Papuan People’s Congress should not be regarded as being illegal. If everyone in the world is committed, the activities  taking place here in Papua should not been seen as being illegal or against the law. Law is relative,’ he said.

The congress was opened with a prayer and the blowing of the sangkakala trumpet. Forkorus led the prayers together with the leaders of seven regions. The national anthem ‘Hai Tanahku Papua‘ was sung, the only song to be sung as part of the congress agenda.

The Morning Star flag which was flown was quite big and was unfurled twice on a wooden pole while musicians accompanied women dancers who were wearing shirts made of the flag.

The chairman of the congress committee, Selfius Bobii, in his opening address, called on all who were present to be of one heart and determined to bring about change.

‘Past history is realised in what happens today, and the future depends  on what happens now,’ he said, speaking with great feeling. Although his address was interrupted because of the sound system, he gave an account of Papuan history. In the days before  the arrival of people from outside, Papua was a paradise on earth..  ‘During the Dutch colonial era  and the Indonesian colonial era, this paradise on earth turned in a hell on earth.’ Papua’s paradise which existed before the arrival of outsiders is what we are longing for.’

Third Congress: Forward to Peace.

Congress regulations for the proceedings were read out, which included things that the participants should not do and were agreed by everyone present.

After the regulations had been read out, the congress continued with each group from home and abroad presenting their political views. The first person to speak was Frans Kapisa, chairman of the WPNA.  He was followed by a statement from a representative of TPN/OPM from Kasuari Manokwari which was read out by Yakop Dimara (commander). This was followed by a political statement by a representative of TPN/OPM from the mountains who did not want his name  to be reported in the press.

The statement from TPN/OPM marked the conclusion of expressions of political opinions yesterday while others will make their statements tomorrow (ie today) starting as 8am. These political presentations expressed love for a peaceful struggle, although at the start there was some talk about the use of violence.

[Translated by TAPOL]


Indonesian senior minister will not be attending Papuan Congress

Bintang  Papua, 17 October 2011Although Selpius Bobii, chairman of the Third Papuan People’s Congress recently announced that President Susilo Bambanf Yudhoyono had decided that the minister-coordinator for  political affairs and law would be representing the Indonesian government at the congress and would be the opening speaker and  that the government would provide financial assistance to the congress, it has now been announced that minister-coordinator Djoko Suyanto will not after all be attending the congress.


Third Papuan Congress to go ahead despite efforts to obstruct it

(Note – the Congress is currently underway, more reports to come)
Bintang Papua, 14 October 2011

[Abridged in translation by TAPOL]

Although the Third Papuan Congress is due to start in two days time, it is not yet known where it will take place. Selpius Bobii, chairman of the organising committee, said that plans to hold the congress at Cenderawasih University are facing obstacles because permission for the UNCEN auditorium has not yet been granted even though, he said, notification of the congress had already been submitted some time ago. Permission to hold the congress at GOR Cenderawasih has also not been received.

Bobii said that those organising the congress believe that there are forces who are exerting pressure to ensure that neither of these locations will be made available. He went on to say that however that may be, the congress will go ahead as planned because Papuan people throughout the territory fully support it.

Bobii said that they were still waiting for permission (STTP) from the police.The main issues to be discussed are the basic rights of the Papuan  people in a situation where Papuans are being violated and intimidated. The intention is to discuss the things they are experiencing  and what measures they need to take to uphold their rights.

The congress will go ahead without any support from the central government; all expences will be covered by the Papuan people themselves, transportation, food and drink will be provided thanks to contributions from Papuan people.

While there are elements who are trying to prevent the congress from taking  place and spreading all kinds of stories to discredit it,, Bobii said this was simply a reflection of the democracy now in place. He said that what was most important was that 273 Papuan tribes would be attending the congress, covering their own costs and even helping out with financing the congress as a whole. ‘There is nothing that will stand in our way,’ he said. Also, security will be guaranteed by a force of about 4,000 people. If anyone moves to prevent the congress from taking place, he said, they will expose the forces who are behind these attempts.

More than 8,000 people have already arrived. As for the location, if not in the UNCEN auditorium, it may take place in Theys  Square in Sentani or at the  graveside of Theys Eluay, as the final alternative.

As for the police permit, this will not be a problem because the central government has already given the green light. Bobii also said that they had received a letter  from the minister of political and legal affairs in Jakarta which, he said, had arrived by fax. This means, he went on, that ‘neither the military commander or the chief of police can prevent us from proceeding with our agenda’.


DAP chairman says Third Congress decisions should be accepted by the government and UN members

Bintang Papua, 10 October 2011

According to Forkorus Yaboisembut, chairman of DAP, the Dewan Adat Papua, the forthcoming Third Papuan Congress will result in decisions that will express the true aspirations of the people of West Papua, in the provinces of both Papua and West Papua.

He said that the results of this Congress should be recognised and put into practice by the Indonesian government and should also be recognised by all the countries which are members of the United Nations.

He called upon the Indonesian government during this era of democracy to accommodate these decisions. ‘If we genuinely uphold the principles of democracy, whatever is decided by the Congress however painful they may be, must be accepted by the Indonesian government.’

He went on to say however that it was quite likely they would not be recognised or implemented by the Indonesian government nor by the members of the United Nations. He said was what normally happens. ‘Some may be pleased while others will not be pleased but we will continue to do everything that we can to convince them that these decisions are correct.’

Regarding the venue of the Congress, he said that UNCEN, the Cenderawasih University had be asked whether its auditorium could be used but they said that they needed the STTP (acknowledgement) from the police which should be forthcoming on 10 October as the chief of police had just arrived back in Jayapura.


West Papua Report April 2011: VP rejects dialogue, MSG, more

West Papua Report
April 2011

This is the 84th 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 to etan@etan.org.

Summary:

Indonesia’s Vice President Boediono has begun implementation of a Presidential decree calling for the establishment of an inter-governmental agency to examine problems in West Papua. The initiative falls far short of widespread Papuan calls for a senior-level, internationally mediated dialogue between Indonesian officials and Papuans. A senior Papuan civil society leader has spoken out against this continued failure of Jakarta to engage in serious dialogue. Papuan church leaders have charged the Indonesian government with “genocide” in West Papua. The Melanesian Spearhead Group again failed to invite representatives from West Papua to its annual summit, instead inviting the Indonesian government to send observers. Indonesian officials violated the labor rights of Papuans by jailing nurses who called a peaceful, legal strike. A leading Papuan NGO chief has called for elimination of provisions in the Indonesian criminal code that violate Indonesia’s obligations under international conventions to which it is party.

Contents:

     

  • The Indonesia Government Continues to Ignore Papuan Calls for Dialogue
  • Senior Papuan Faults Government Failure to Pursue Dialogue
  • Papuan Church Leaders Charge Indonesian with “Genocide”
  • Melanesian Spearhead Group Invites Indonesia as Observer, Continues to Bar Papuan Participation
  • Nurses Jailed in Labor Dispute
  • Demand for Elimination of Repressive Provisions in Indonesia’s Criminal Code
  •  

The Government of Indonesia Continues to Ignore Papuan Calls for Dialogue

The Jakarta Post reported that Indonesian Vice President Boediono planned to  convene a meeting on West Papua on March 28 in Jakarta. The meeting was to be the initial step in formulating a draft of a presidential decree to address issues regarding Papua. The regulation also aims to establish a special unit to accelerate development in Papua. According to the decree, the government will form a “delivery unit,” the Unit Percepatan Pembangunan Papua dan Papua Barat (UP4B/ Special Unit for the Acceleration of Development in Papua and West Papua). Significant aspects of the draft include the promotion of a cluster-based approach to development, and an increased integration of the activities of the central and regional administrations. The planned regulation follows a presentation made by Papua Governor Barnabas Suebu and West Papua Governor Abraham Ocktavianus Atnuri to the national Cabinet in January.

Indonesia Vice President Boediono The late March meeting was to have included Coordinating Economic Minister Hatta Rajasa and Finance Minister Agus Martowardojo, as well as unnamed Papuan representatives.

A March 9 interview by the Sydney Morning Herald’s Tom Allard revealed the Vice President’s intentions. Boediono told Allard that he rejected a bilateral dialogue, as called for by many Papuans, contending instead that his agency would assist multiparty communications. Boediono said he would welcome international donor aid money for West Papua but rejected any possible mediation role such as occurred in Aceh in 2005 when a peace accord mediated by internationally ended years of central government abuses carried out by security forces. Boediono told Allard that his new effort would aim at better communications, affirmative action for indigenous Papuans, and “more openness.” (The Jakarta government has long placed severe restrictions on journalists, UN and foreign government or NGO personnel seeking to visit West Papua.) Boediono offered no assurances that he would press for allowing Papuans the right to fly the Morning Star flag or that the heavy military presence in West Papua might be reduced.


Vice President Boediono made clear that this undertaking would not constitute a “dialogue.” There is no indication that this new body will address outstanding issue of human rights violations, impunity for those committing those abuses, notably in the military and police. This body will almost certainly not consider the civil, political, social, economic and cultural rights, especially the right of self determination.


WPAT Comment: Boediono’s “agency” falls far short of persistent appeals by Papuan officials, civil society leaders as well as Papuan, Indonesian and international NGOs for a senior level, internationally-mediated dialogue between the Indonesian government and Papuan leaders. Indeed, Boediono, in his Sydney Morning Herald interview, made clear that this undertaking would not constitute a “dialogue.” There is no indication that this new body will address outstanding issue of human rights violations, impunity for those committing those abuses, notably in the military and police. This body will almost certainly not consider the civil, political, social, economic and cultural rights, especially the right of self determination, which the central government has long denied Papuans.

Senior Papuan Faults Government Failure to Pursue Dialogue

Participation of Papuan provincial level officials in Vice Boediono’s meeting regarding West Papua (see report above) reflects the unwillingness of Papuan government officials to support the widespread call of their Papuan constituents for an internationally-mediated dialogue with the Jakarta government. Pastor Neles Tebay, coordinator of the Papua Peace Network – JDP discussed this failure of Papuan leadership candidly in a March 25 interview with JUBI.

Tebay noted frankly that neither of the provincial governments (Papua and West Papua) have reached agreement about the agenda of such a dialogue. Nor have either of the Papuan administrations issued statements officially supporting Jakarta-Papua dialogue. Tebay candidly assessed that the Papuan officials’ failure to endorse the popular calls for dialogue was because dialogue “is seen as being a separatist move and in opposition to what the Indonesian state is working for.” “Any individual who works for the government who expresses support for the idea of a Jakarta-Papua dialogue is in danger of losing his job because he is likely to be seen as a separatist. Anyone working for the government who expresses support for a dialogue places himself in danger and could lose his job,’ he said.

For his part, Father Tebay continues to pursue dialogue as a means of finding solutions to problems besetting Papuans. Tebay stressed that dialogue was not in itself a solution but rather would bring together the Papuan people and the Indonesian government to discuss the problems. The aim would be to discuss the problems and agree to the best possible solution.

Pastor Tebay said that so far, he has visited twelve districts in Papua to hold consultations. The districts he has visited so far include Merauke, Biak Enarotali, Timika, Wamena and Sorong.

He has also visited some other countries to discuss the question of dialogue including PNG, Vanuatu and Australia where he met Papuans in a number of cities. Everywhere he went, he encountered enthusiasm for the idea of finding a peaceful solution by means of dialogue between Jakarta and Papua.

Papuan Church Leaders Charge the Indonesian Government with “Genocide”

Papuan Church leaders in late March issued a “Theological Declaration of Churches in Papua.” The declaration includes one of the most forthright Papuan statements regarding genocide targeting Papuans. The statement which was forwarded by the Asian Human Rights Commission (see full document at A Statement from a Group of Papuan Church Leaders) contends:


Transmigration policy and unrelenting military operations are, in our view well-planned programs to eventually annihilate indigenous Papuans. Papuans are positioned as “the other” and as such warrant surveillance, control, and civilization. Papuans are not equal citizens of Indonesia. Some observers in Jakarta view this as an internal colonialism or disguised slavery against Papuans.


 

Papuans have undergone a ‘silent history of suffering’ or memmoria passsionis leading to genocide. … The term genocide perhaps does not meet the criteria set forth by the UN, or other nations, or by Indonesia. But from our own view as victims, genocide is indeed taking place through the conditioning staged by Jakarta in the forms of ideology and development policies that are against the indigenous Papuans. Transmigration policy and unrelenting military operations are, in our view well-planned programs to eventually annihilate indigenous Papuans. Papuans are positioned as “the other” and as such warrant surveillance, control, and civilization. Papuans are not equal citizens of Indonesia. Some observers in Jakarta view this as an internal colonialism or disguised slavery against Papuans. 

Melanesian Spearhead Group Invites Indonesia as Observer, Continues to Bar Papuan Participation
Melanesian Spearhead Group Leaders Summit
Melanesian Spearhead Group Leaders Summit members and observers.

The Melanesian Spearhead Group (MSG), comprising Vanuatu, the Solomon Island, Fiji, Papua New Guinea and the Kanaky peoples of New Caledonia, invited Indonesia (and Timor-Leste) to join their annual meeting. MSG leaders met March 31 in Suva, Fiji, for the annual summit which followed a meeting of foreign ministers March 29. The MSG did not invite any representation from West Papua.

A conference of solidarity groups supporting West Papua that convened in Sydney in February had called on the MSG not to offer observer status to Indonesia and instead to offer that status to representatives of the Papuan people of West Papua.

For its part, the Australian West Papua Association (AWPA) welcomed a statement from the Chairman of the MSG meeting, Ratu Inoke Kubuabol who said that “The Melanesia Spearhead Group feels for their brothers and sisters in West Papua.” Joe Collins of AWPA said “we urge the MSG to grant West Papua membership at the leaders summit. They would have the support of the Melanesian people across the region in granting West Papua membership.”

Collins noted that 42% included West Papua as part of the Melanesian family in the first ever telephone poll conducted by the Pacific Institute of Public Policy (PiPP) across Melanesia.. An overwhelming majority (75.4%) of respondents said yes to the question “Do you support independence for West Papua.” PiPP in a press release reported that when asked who they considered part of the Melanesian family, clear majorities included the established members (PNG, Solomon Islands, Vanuatu, Fiji and New Caledonia) while 42% also included West Papua, 17.1% included Australia, 14.9% included Indonesia and 14.1% included Timor-Leste. PiPP also reported that when asked “Do you support independence for West Papua?” there was very high support in PNG (89.3%) and Vanuatu (88.2%).

Collins underscored that these numbers suggest a “disconnect between popular support and the position taken by governments in the region, except Vanuatu, which has long championed the West Papuan cause at the political level. He concluded, “we see that in the poll only 14.9% of respondents considered Indonesia to be part of the Melanesian family yet Indonesia has observer status but not West Papua. For the sake of the long term stability of the region we hope West Papua will be discussed at the leaders meeting.”

The meeting in Suva was controversial because Fiji is currently under military dictatorship.

WPAT Comment: West Papua is the largest Melanesian populated entity not represented within the MSG and the second largest Melanesian entity, after Papua New Guinea. Its continued exclusion from the MSG calls into question the legitimacy of the organization. Moreover, the MSG’s failure address the plight of Papuans, including ethnic cleansing under the rubric of “transmigration” and charges of “genocide” by credible organizations (see statement by Papuan church leaders above) exposes the lack of commitment among Melanesian leaders to the rights and welfare of Melanesian peoples. Vanuatu’s repeated and public expressions of concern about the plight of Papuans is a singular but noteworthy exception in this regard.

Nurses Jailed in Violation of International Convention

Mounting public pressure, including from members of the Papuan Provincial Assembly (DPRP), compelled the police to announce they would release eight nurses who had been jailed on charges of incitement (article 335 of the criminal code). However, purportedly because of the absence of a key police official required to sign the release order, it appears the nurses had not yet been released at the end of March.


These West Papuan nurses were pursuing their legitimate rights and it is obscene to think they are languishing in jail.


The eight had been jailed over their call for a strike by nurses at the DokII General Hospital. That strike, a peaceful, lawful labor action, was over promised but unpaid compensation. Letters have been sent to President Susilo Bambang Yudhoyono, as well as to Vice-President Boediono protesting the arrest of five nurses and midwives who work at the general hospital for organizing a strike.

The detention of the nurses violates their rights notably as set forth in International Labor Organization (ILO) Convention 87 (Freedom of Association and Protection of the Right to Organize), which was ratified by Indonesia in June 1998.

The issue of the unpaid compensation remains unresolved. The local daily Bintang Papua reported on March 23 that nurses and midwives had taken the issue to the DPRD and the provincial governor where hundreds demonstrated. They charged that the provincial secretary Constan Karmadi had deceived the public when he promised in December 2010 that incentives would be paid.

The medical staff are planning to make a formal complaint against the provincial secretary to the Administrative Court, pointing out that Instruction 125/2010 has been issued for the payment of the incentives, only to be cancelled by a later instruction that withdrew any such payments.

There is growing international attention to the arrests and the failure of the Indonesian government to meet is contract obligations to the nurses. Australian Council of Trade Unions (ACTU) President Ged Kearney has described the detention of the nurses as “outrageous” and called for their immediate release. She noted as well that “the arrests of the nurses, including two officials of the National Union of Indonesian nurses, was a heavy handed response to nurses pursuing a legitimate industrial campaign in support of their contracted entitlements. “

“These West Papuan nurses were pursuing their legitimate rights and it is obscene to think they are languishing in jail,” added Kearney.

Demand for Elimination of Repressive Provisions in The Indonesian Criminal Code

The Papuan publication JUBI published an appeal on March 31 by the executive director of the Institute of Research, Analysis and Development for Legal Aid (LP3BH) Yan Christian Warinussy to the Dewan Adat Papua (DAP, Papuan Customary Council) to submit articles 106 and 107 of the criminal code on subversion and incitement (the ‘makar’ or subversion articles) of the Indonesian Criminal Code (KUHP) to the Constitutional Court for a judicial review.

“I call on DAP together with the Papuan people to seek a judicial review of the makar article before the Constitutional Court because it is no longer appropriate for such a law to remain in force in a democratic country like Indonesia. Other democratic states around the world don’t have such a law,” he said.

Many international organizations, including WPAT and ETAN have long called for the removal of these provisions from the Indonesian criminal code. The provisions date to the colonial era and were frequently used during the Suharto dictatorship to repress peaceful opposition. Indonesian officials continue to employ them to repress popular, peaceful dissent, particularly in West Papua where Suharto era practices, including unjust prosecution, persist.

The provisions violate the International Covenant on Civil and Political Rights and the International Covenant on Social, Economic and Cultural Rights to which Indonesia is signatory.

Back issues of West Papua Report


Coalition to discuss failed special autonomy with Indonesian parliament

JUBI, 2 April 2011 

A coalition of Papuan organisations is due to hold a meeting with members of the DPR, the Indonesian parliament, on 4 April to discuss the special autonomy law.

Spokesman for the KRPBK, the United Coalition  of Papuan People for Justice, Selpius Bobii, said that this meeting would be held as a follow-up of their demonstrations in February  when they set 4 April as the deadline for their actions, if their demands had not been met.

On 22 February, the coalition organised a demonstration which rejected Special Autonomy, rejected the government’s programme called UP4B, programme to accelerate the development of Papua and West  Papua and rejection of the appointment of new members of the MRP, the Majelis Rakyat Papua.

Bobii said: ‘The deputy governor of Papua, Alex Hesegem, said on that occasion that our demo declaring that Special Autonomy had failed was right in what it said. We are now acting on the basis of what the deputy governor said at the time.’

As JUBI has reported, the KRPBK has held a number of demonstrations rejecting Special Autonomy and the UP4B programme as well as the newly appointed MRP, but members of the MRP have been appointed and are now waiting to be sworn in to office.


Papuans enjoy none of the benefits from Freeport operations

JUBI, 2 April, 2011 

According to John Kabey, the chairman of KADIN, Indonesia’s Trade and Industry Chamber, Freeport uses all its corporate social responsibility funds for its own security needs.

‘They use it all to finance infrastructure for the security of their operations, including payments to the Indonesian armed forces,’ he said.

He was speaking to a group of Indonesian ministers to report on the results of a KADIN seminar.

He used the same occasion to declare that  Freeport operations in Papua for the past more than thirty yeara have nothing to improve the living conditions of the  Papuan people. He said that Freeport operations have only led to  friction and conflict between the  Papuan people because  the various clans with rights to the land used by Freeport are still in onflict with each other.

Kabey said that the central government should not use Freeport as an economic resource, in particular because the financial benefits from the company all flow to the central government while those living in the vicinity of the company enjoy none of the benefits.

[COMMENT: The copper and gold reserves currently being mined by Freeport are deemed to be the largest reserves in the world, while Freeport's operations have transformed a huge mountain into a deep crater and tailings have poisoned the nearby rivers, depriving Papuans who once lived in the area of the basic source of their livelihoods. TAPOL]


PRP calls for release of nurses

JUBI, 29 March 2011

PRP calls for release of nurses

In a statement issued today, the Working People’s Association, the PRP, has called for the release of nurses arrested in Abepura, West Papua.

‘When working people demand a decent living, the neo-liberal regime
responds by arresting them.This is happening everywhere in Indonesia and on this occasion in Jayapura. Nurses working at DokII General Hospital have been under arrest for calling for the payment of incentives which they have been demanding since January 2010,’ said the PRP.

According to the PRP, this criminalisation of working people for demanding better living conditions is happening not only in Papua.
Working people elsewhere in Indonesia are also experiencing the same
thing. This is being done in order to silence the demands of the working people and to thwart the rights of working people to organise themselves.

It went on to say that union busting is happening on a grand scale
across the country, a sign that the the neo-liberal regime is scared
when working people organise themselves and demand their rights.
Measures to thwart the right of assembly and the right to organise or
even to organise demonstrations in happening in many parts of the
country, such as for example the district of Bintan.

The statement which is signed by the national chairman and the
secretary-general of the PRP makes the following demands:

1. Release the DokII nurses who have been arrested by the police because they organised a strike.Charging them with incitement is pure fantasy on the part of the police.

2. Working people throughout Indonesia should resist these efforts to
silence trade unions and organisations.

3. New forces need to be built by all sections of the working people in
Indonesia in opposition to the neo-liberal regime.

4. Capitalism and neo-liberalism have failed to improve the living
conditions of the people. Only socialism can bring prosperity to the people.


Unions call on Indonesia to release arrested nurses

ACTU MEDIA RELEASE :  

Tuesday, 29 March 2011


Unions call on Indonesia to release arrested nurses


Australian unions have called on the Indonesian Government to respect international labour Conventions and human and trade union rights following the arrest of five nurses in West Papua.

ACTU President Ged Kearney said it was outrageous that the nurses had been detained for nine days and were reportedly subjected to long periods of police interrogation, simply because they had supported an industrial campaign to ensure they received their contracted entitlements.

“It is disturbing that at the same time as workers in North Africa are beginning to benefit from newfound democratic freedoms, repression of basic human rights including the freedom of association is taking place in our region,” Ms Kearney said.

“These West Papuan nurses were pursuing their legitimate rights and it is obscene to think they are languishing in jail.

“I am advised that more than 1500 nurses took spontaneous and unprecedented industrial action in response to an announcement that the Government of the province of West Papua had withdrawn industrial payments.

“We are told that in an attempt to intimidate the nurses and to force them back to work, five nurses were arrested.

“The intimidation has failed and the nurses and their community are more resolute than ever in their determination to secure the release of the five nurses and to win the industrial campaign.

“However it is simply outrageous that this type of intimidation and violation of human and workers’ rights is occurring.”

Ms Kearney said the arrests of the nurses, including two officials of the National Union of Indonesian Nurses, was a heavy-handed and excessive response to nurses pursing a legitimate industrial campaign in support of their contracted entitlements.

“This action is a clear breach of ILO Convention 87 (Freedom of Association and Protection of the Right to Organise), which was ratified by Indonesia in June 1998.

“It violates the fundamental human and trade union rights enshrined in C87 and reflects poorly on the Indonesian authorities.

“The Indonesian Government should take immediate steps to release the nurses, to remove all charges and to enter a constructive dialogue with the National Union of Indonesian Nurses to resolve these issues.”

Media contact: Rebecca Tucker ph (03) 9664 7359 or 0408 031 269; rtucker@actu.org.au

 




Australian Nurses Demand Release of Jailed Nurses in West Papua

Media release

ANF demands release of jailed nurses

29 March 2011

The Australian Nursing Federation is calling for the immediate release of five nurses in West Papua who have been jailed by the Indonesian government for taking industrial action.

ANF acting federal secretary Yvonne Chaperon said eight nurses and midwives were originally detained by the criminal investigation unit of the Papuan police in Jayapura for their involvement in industrial action. Five nurses remain in jail.

“The nurses and midwives at the DokII Hospital in Jayapura were promised an incentive payment over a year ago and were suddenly informed on 30 December 2010 that the local authority had rescinded the decision to pay them. This led to a decision by the nurses and midwives to take industrial action and the subsequent detention and interrogation of five nurses.”

Ms Chaperon said the Australian Nursing Federation, representing over 200,000 nurses and midwives nationally, condemned the excessive response by the Indonesian Government.

“These nurses and midwives were exercising a democratic right to take industrial action in response to a decision that was made without reason or warning to withhold an incentive payment they had been promised more than a year ago,” Ms Chaperon said.

“We stand united with our colleagues in West Papua and call for their immediate release. They must be allowed to return to their homes and families without the threat of further intimidation or harassment.”

Media enquiries: Cathy Beadnell 0400 035 797

The ANF, with over 200,000 members, is the professional and industrial voice for nurses, midwives and assistants in nursing in Australia.  For more information, go to www.becausewecare.org.au.


SMH: A Worm Inside the New Indonesia

FYI – Media Information

[With reflections on West Papuan situation.]

The Sydney Morning Herald
February 26, 2011

A Worm Inside the New Indonesia

by HAMISH McDONALD

WITH popular uprisings turfing out rulers in Tunisia, Egypt and perhaps elsewhere in the Arab world, a lot of analysts have focused on fears of ”contagion” in other regions, notably on China’s censorship of news reports about the protest wave in the Middle East.

Yet the Middle East event that might have the most far-reaching effect is not the awakening of the Arab ”street” against authoritarian rulers, but the vote in a United Nations supervised referendum a month earlier.

The largely African people in the south of Sudan voted overwhelming to secede from their Arab-dominated country and form a new nation – a result accepted by the Khartoum government and its main foreign backers, including China.

This has followed the declaration of independence from Serbia by Kosovo in 2008 that was accepted by most of the world and approved by the International Court of Justice, and Russia’s unilateral recognition of Georgia’s South Ossetia and Abkhazia as sovereign states soon afterwards in retaliation. It has left respect for the ”territorial integrity” of states and post-colonial boundaries somewhat tattered.

Already the example is being applied to an intractable issue right on Australia’s border and forming the touchiest part of what many see as our most important foreign relationship – the question of West Papua, the western half of New Guinea now part of Indonesia.

As Akihisa Matsuno, a professor at Osaka University, pointed out this week in a conference at Sydney University’s Institute of Peace and Conflict Studies, South Sudan and Kosovo take West Papua out of the usual context of debate about the rights and wrongs of its decolonisation from Dutch rule in 1962 and ”act of free choice” under Indonesian control in 1969.

Kosovo’s independence was a case of ”remedial secession”: no states claimed the Kosovars had a right to self-determination, there was just no prospect of its peaceful reintegration back into Serbia or the rump Yugoslavia. Protection of people in Kosovo had more weight than Serbia’s territorial integrity.

Sudan became independent in 1956 from British rule, but has been in civil war most of the time since, with a 2005 peace agreement finally conceding a referendum. This suggests lack of integration between territories ruled by the same colonial power can justify a separate state, Matsuno said. ”This means that colonial boundaries are not as absolute as usually assumed.”

Indonesia itself went down this path in 1999 by insisting, for its domestic political reasons, that East Timor’s vote in 1999 was not a delayed act of self-determination that should have been taken just after the Portuguese left in 1975, but a ”popular consultation” with the result put into effect by Indonesia’s legislature. This amounted to conceding a right of secession to its provinces, Matsuno said.

West Papua’s act of free choice was seen as a farce from the beginning. As the historians Pieter Drooglever in Holland and John Saltford in Britain have documented, monitors were kicked out of the territory by the Indonesians in the seven-year interval between the Dutch departure and the ”act” – which was a unanimous public vote by an assembly of 1022 handpicked, bribed and intimidated Papuans in favour of integration with Indonesia.

Revolt has simmered and broken out sporadically ever since. Canberra’s relations with Jakarta went into crisis in 2006 when 43 Papuan independence activists and family members crossed the Torres Strait by motor canoe and requested political asylum.

Richard Chauvel, an Indonesia scholar at Melbourne’s Victoria University, told the conference Jakarta feels Papuan independence is not seen as the threat it was a decade ago when a ”Papuan spring” of breakaway sentiment and protest followed East Timor’s departure. The territory has been broken into two provinces so far, and numerous district governments, Papuan separatists fragmented, and no state bar Vanuatu is questioning Indonesian sovereignty (though the US Congress last September held its first committee hearing on West Papua).

Yet Chauvel says West Papua has become an ”Achilles’ heel” for a democratising Indonesia over the last 10 years. ”Papua is Indonesia’s last and most intractable regional conflict,” he said. ”Papua has become a battleground between a ‘new’ and an ‘old’ Indonesia. The ‘old’ Indonesia considers that its soldiers torturing fellow Indonesians in a most barbaric manner is an ‘incident’. The ‘new’ Indonesia aspires to the ideals of its founders in working towards becoming a progressive,
outward-looking, cosmopolitan, multi-ethnic and multi-faith society.”

President Susilo Bambang Yudhoyono called the recently reported
torture cases ”incidents” by low-level soldiers, not the result of high-up instructions. Chauvel says he is probably correct: ”A more likely explanation is that instructions were not necessary. These acts reflected a deeply ingrained institutional culture of violence in the way members of the security forces interact with Papuans.”

Matsuno argues that South Sudan makes Indonesia’s post-colonial claim to West Papua more shaky, since it too had racial, religious and other differences to the rest of the country and had been administered separately within the former Netherlands East Indies. A ”more moral question” behind self-determination is coming to the fore, he said, the factor of ”failure” in governing.

The Japanese scholar sees echoes of East Timor in the late 1980s, when even foreign policy ”realists” started recognising the failure of Indonesian rule on the ground: serious human rights abuses, foreign media shut out, migrants flooding in, local leaders turning away from government, a younger generation educated in the Indonesian system refusing to identify themselves as Indonesians.

”These young people were increasingly vocal and continued to expose the ‘unsustainability’ of the system,” Matsuno said. ”Indeed the unsustainability of the situation in West Papua seems to be a truth. Only it takes some more time for the world to realise the truth.”

No one expects any outside power to intervene. But as we are seeing in the Arab despotisms, the new media make it harder and harder to draw a veil over suppression. In the Indonesia that is opening up, the exception of West Papua will become more glaring.


INDONESIA: Widespread impunity in Papua aggravating tensions

 

Date: 22 February 2011 03:15:24 CET

FOR IMMEDIATE RELEASE
February 22, 2011
ALRC-CWS-16-06-2011

Language(s): English only

HUMAN RIGHTS COUNCIL
Sixteenth session, Agenda Item 4, General Debate

A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status

INDONESIA: Widespread impunity in Papua aggravating tensions

The Asian Legal Resource Centre (ALRC) is seriously concerned by ongoing, widespread human rights violations and violent acts being committed by the Indonesian security forces in the Papuan highlands in Indonesia. Impunity typically accompanies even the most serious abuses, as shown by the lack of effective remedies in a case of severe torture that the ALRC has documented recently. Despite institutional reforms in Indonesia, effective accountability for human rights violations in Papua is lacking, resulting in impunity that then engenders further atrocities.

Impunity and the sense of injustice that it engenders in society are having a strong impact on social stability and cohesion in Papua. Repression, discrimination and human rights violations by the Indonesian security forces are adding to tensions. Papuans reportedly feel like second-class citizens in Indonesia, even within Papua itself, and face discrimination, poverty and injustice as a result. The military arbitrarily suspect Papuans of being linked with rebel groups and stigmatise them, subjecting them to abuse.

Autonomy law rejected

The State has failed to provide justice and remedies and to bring prosperity and equality to Papua through the Special Autonomy Law, despite it being Indonesia’s most resource-rich region. Demonstrations in Jayapura, the capital of the Papuan province, have repeatedly rejected the Special Autonomy Law of 2001, with many civil society speakers having labelled it as being a failure. The autonomy parliament in July 2010 issued a decree formally rejecting the law and demanding a referendum on the political status of the autonomy region. The law was rejected mainly due to it having failed to deliver on any of the key demands of indigenous Papuans since its enactment. These include economic aspects but security and the need for protection against discrimination and human rights violations also figure highly.

The repeated calls by Papuan politicians, church and other civil society leaders for a dialogue between Papua and Jakarta have not been responded to by the government. Given the ongoing grave human rights violations by Indonesian security forces and the deteriorating relations between Papua and Jakarta, the ALRC is concerned that the situation of human rights risks declining seriously in the coming period, unless Indonesia takes meaningful action to address its role in the worsening situation. To be credible in doing this, the Indonesian government and military must ensure that human rights violations are halted and impunity is shown to be being dismantled, with justice being served and reparation being provided to victims.

Torture and impunity – a symbol of abuse and injustice

In the high-profile torture case mentioned above, which remains emblematic of the situation of human rights in Papua at present, Mr. Tuanliwor Kiwo, an indigenous Papuan man, was arbitrarily detained and tortured in May/June2010 by the Indonesian military. Mr. Kiwo was arrested at the Kwanggok Nalime TNI post near Yogorini village on his way from Tingginambut towards Mulia, Papua, Indonesia. During two days of detention, Mr. Kiwo was subjected to several serious forms of torture including burning, beatings and other forms of violence, resulting in serious injuries and Mr. Kiwo falling unconscious. He was able to escape in the morning of the third day. Mr. Kiwo is currently in hiding for security reasons but has given a detailed testimony of his torture in a video recording.1

While cases of torture are often reported from Papua, this case received significant international attention after video footage of the torture2 was published by the Asian Human Rights Commission (AHRC) in October 2010. As a result of the significant public pressure concerning this case, three members of the military were tried in a military tribunal for disobeying their superior’s order to release the victim and were sentenced to between nine and twelve months imprisonment. The ALRC is concerned that the charge and punishment in this case are not commensurate with the gravity of the violation that severe torture represents. Furthermore, the victim has not been provided with any form of remedy. Despite its high profile nature, this case speaks to the Indonesian system’s inability to address torture as a serious crime and human rights violation, and its failure to provide adequate reparation to victims. In less visible cases, even less can be expected, and impunity typically prevails.

In another case of violence by members of the military in the March 2010, that was also published in October 2010, the perpetrators have received sentences of an equally disproportionately low nature. Three solders from the Indonesian military’s Pam Rahwan Yonif 753/Arga Vira Tama squad, based in Nabire, Papua, were given a five-month imprisonment sentence by the military court III/19, Cenderawasih military command in Jayapura in November 2010, for having kicked and beaten arrested indigenous Papuans whom they suspected of involvement in separatist activities. The names of the convicted officers are Chief Pvt Sahminan Husain Lubis, Second Pvt Joko Sulistiono and Second Pvt Dwi Purwanto. Military judge Lt. Col. Adil Karokaro explained in the verdict that the defendants had breached the Indonesian military’s code of conduct by torturing the residents.

The government of Indonesia continues to deny the widespread use of violence by the Indonesian military in Papua, and alleges that these violations are rare and isolated, individual cases. However, the ALRC continues to receive further cases of violence against indigenous Papuans, including killings by the police and military, arbitrary arrests, the burning of houses and killing of livestock, which point to a widespread pattern of the use of violence, as well as a policy of intimidation by the Indonesian military.

Human rights violations and other crimes committed against civilians by members of the military are still only tried by military courts, which lack independence, transparency, a comprehensive penal code incorporating human rights norms, and a system of punishments that are proportional to the severity of the crimes committed. A military tribunal is not able to hold perpetrators of torture accountable in line with international law standards. Such tribunals cannot invoke any military regulations that prohibit the use of torture. Therefore, perpetrators cannot be tried for committing torture and no remedies can therefore be provided to victims.

Furthermore, the country’s penal code does not include torture as a crime. This means that members of the police that commit torture remain immune from criminal prosecution. Indonesia is therefore failing to comply with its obligations under the Convention Against Torture. Indonesia ratified the Convention against Torture in 1998, but the use of torture is still widespread and systematic, as cases received and documented by the ALRC attest. The promised review of the penal code has been delayed for years despite recommendations made to the government of Indonesia, which it accepted, during the Universal Periodic Review in this regard.

From a human rights perspective, it is vital for Indonesia to immediately begin to take credible action to tackle impunity and be seen to be tackling it in an effective way. Jakarta must ensure that the security forces halt the use of excessive force and violence-based strategies in dealing with security-related issues in Papua. Allegations of human rights violations must be investigated and any lacuna in legislation and due process must be addressed. For example, torture must be criminalized in line with Indonesia’s international obligations under the Convention Against Torture. Military personnel who are alleged to be responsible for human rights violations against civilians must be tried in civilian courts.

The ALRC invites the Special Rapporteur on the independence of judges and lawyers to recommend institutional reforms to the government of Indonesia to ensure that members of the military are held accountable by independent courts that uphold human rights and constitutional values and ensure that these are made available to legislators in Indonesia.

The ALRC also requests that the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment follow up with the Indonesian government to ensure the full implementation of the recommendations made to Indonesia during the UPR review regarding the review of the penal code and the full criminalisation of torture.

Furthermore, the ALRC urges the Indonesian government to heed the call for dialogue made by the Papuan indigenous community and avoid a further deterioration of the conflict in Papua. Finally, the ALRC calls on the Indonesian government to release all Papuan political prisoners, in order to show its commitment to a new path towards peace, security and human rights in Papua.

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Footnotes:

1 http://www.youtube.com/watch?v=eX5CuZhFFCI
2 http://humanrightsasia.blip.tv/file/4446942/

# # #

About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.

International Human Rights Day 2010 – Download our pre-print PDF version of the annual reports here.

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Asian Human Rights Commission
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Hongkong S.A.R.
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367

URL: humanrights.asia
twitter/youtube/facebook: humanrightsasia


JUBI: New unit (UP4B) to be set up in Papua

JUBI, 9 February 2011

New unit (UP4B) to be set up in Papua

A new unit, UP4B -Unit Percepatan Pembangunan Papua dan Papua Barat – a Unit to Accelerate Development in Papua and West Papua – is to be set up in March this year for the purpose of handling a number of political and human rights problems as well as development which is still virtually stagnant.

‘As members of the Papuan Peace Network – JDP – we have decided to help the government in setting set up this body,’ said Muridan Widjojo of LIPI., the Indonesian Institute of Sciences.

Muridan said that LIPI had decided to get involved in this and help the
government, in the hope that this new body will not confine itself to
dealing only with social and economic issues such as development projects but will also prioritise the issue of human rights violations
and the political situation throughout West Papua so that these issues can be properly addressed.

‘We hope that the establishment of this body will be supported by all
those involved, so as to ensure that it does not confine itself only to
social issues but will also deal with the issue of human rights which
also needs to be prioritised.’

Muridan also said that the JDP hopes that the UP4B will be able to
advance the process of dialogue between the indigenous Papuan people (OAP) and the Indonesian government, mediated by a neutral international party, in order to get to the root of the problem. These problems should not be allowed to go on festering without end which can only mean that stability and the welfare of the Papuan people will continue to be disturbed.

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[Another JUBI article reports that Muridan has called on the Indonesian president to deal seriously with the issue of dialogue between Indonesian and Papua, and will set up a special team for this purpose. We hope to post the item in full soon. TAPOL]


AFP: Papuans Rally for Independence from Indonesia

Thousands of Papuans march in a rally in Jayapura on July 8, 2010 to urge the provincial parliament to demand a referendum on self-determination, and reject the region's special autonomy within Indonesia. (AFP Photo/Banjir Ambarita)

Hundreds of Papuans have protested in Jayapura rejecting the region’s special autonomy within Indonesia and demanding a referendum on self-determination.

Carrying a wooden coffin covered with a black cloth which said “Special Autonomy is Dead in Papua,” more than 1000 activists, students and church leaders protested on Wednesday in front of the provincial parliament, witnesses said.

“Independence for Papua, reject special autonomy,” they shouted.

“Indonesia the coloniser, Indonesia the oppressor, Indonesia the robber.”

They also called for the upper house of tribal leaders called the Papua People’s Assembly (MRP) to be disbanded.

“The MRP had done nothing to improve the welfare of Papuans. Our people are poor in their own land,” protest coordinator Selpius Bobi said.

“We reject special autonomy as that is the Indonesian government’s policy which has never supported the natives. We want a referendum that will allow us to determine our own fate,” he added.

Papua’s special autonomy status, introduced in 2001 after the fall of former president Suharto’s military dictatorship, has seen powers including control of most tax revenue from natural resources devolved to the provincial government.

However many Papuans say it has failed to improve their rights and activists accuse the Indonesian military of acting with brutal impunity against the indigenous Melanesian majority in the far-eastern region.

A court martial jailed three Indonesian soldiers on Monday for up to 10 months for abuse and insubordination after graphic video footage showed them torturing civilians in Papua.

The sentences were criticised by the United States and rights campaigners as too lenient.

Foreign media and aid workers are not allowed into Papua and West Papua provinces to investigate allegations of human rights abuses against the indigenous people.

Papua has been the scene of a low-level insurgency for decades and despite Indonesia’s vast security presence in the region, Jakarta remains extremely sensitive about any sign of separatism.

Indonesia has sent mixed messages about its willingness to loosen its grip on Papua, offering talks with separatist rebels on the one hand while jailing and killing their leaders on the other.
© 2011 AFP


HRW: Indonesia: Hold Abusers From Military Accountable

Human Rights Watch logo

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Human Rights Watch (New York)

January 25, 2011

For Immediate Release

Indonesia: Hold Abusers From Military Accountable

More Than 100 Political Prisoners Held for Protesting Peacefully

(New York, January 25, 2011) – The Indonesian government should ensure
that soldiers responsible for abuses are appropriately prosecuted and
punished, Human Rights Watch said today in its World Report 2011. The
January 24, 2011 verdict in a Papua military tribunal of eight to ten
months imprisonment for soldiers who engaged in torture was woefully
inadequate, Human Rights Watch said.

The 649-page report, Human Rights Watch’s 21st annual review of human
rights practices around the globe, summarizes major human rights
trends in more than 90 countries and territories worldwide. Over the
past 12 years, Indonesia, the report says, has made great strides in
becoming a stable, democratic country with a strong civil society and
independent media, but serious human rights concerns remain.

“Senior officials must both talk the talk and walk the walk on human
rights,” said Elaine Pearson, deputy Asia director at Human Rights
Watch. “The military should stop shielding its officers from
prosecution, and the government needs to hold abusers accountable.”

In July 2010, the US government lifted its ban on military assistance
to Kopassus, Indonesia’s elite special forces, despite continuing
concerns about its human rights record. Strong evidence of security
force involvement in torture emerged in 2010. Defense Minister Purnomo
Yusgiantoro pledged to suspend soldiers credibly accused of serious
human rights abuses, to discharge those convicted of abuse, and to
cooperate with their prosecution. But only a handful of cases made it
to military tribunals, and the charges did not reflect the gravity of
the abuses committed.

In October, a 10-minute cell phone video came to light that showed
Indonesian soldiers interrogating and brutally torturing two Papuan
men, Tunaliwor Kiwo and Telangga Gire. In the video, Kiwo screams as a
piece of burning wood is repeatedly jabbed at his genitals. After
pressure from foreign governments, the military finally held a
tribunal in Jayapura, Papua, in January. But it is only tried three of
six soldiers in the video – Second Sgt. Irwan Rizkiyanto, First Pvt.
Jackson Agu, and First Pvt. Thamrin Mahamiri of the Army’s Strategic
and Reserve Command (Kostrad) 753rd battalion – on military
discipline charges, rather than for torture. The three were sentenced
to ten months, nine months, and eight months respectively. Military
prosecutors only sought sentences of up to 12 months rather than the
maximum 30 months as allowed under the military criminal code.

Another torture case captured on video in 2010 involved several
soldiers kicking and beating villagers in Papua. Four soldiers from
the same Kostrad 753rd battalion were tried on military disciplinary
grounds and were sentenced only to five to seven months in prison. The
convictions are on appeal before the Surabaya high military tribunal.

These two cases were unusual in that the ill-treatment was captured on
video, but for years Human Rights Watch has documented serious human
rights violations in Papua for which soldiers have never been held to
account. Human Rights Watch called on the US to publicly clarify its
relationship with the Kostrad 753rd battalion and the individuals
involved in this incident, in order to ensure compliance with the
Leahy law.

“Rather than cooperating with civilian authorities and suspending the
soldiers involved as soon as the video appeared, the Indonesian
government has dragged its feet and reluctantly done the bare minimum
to try and make this go away,” said Pearson. “This is not the new and
improved army that the defense minister promised, but the same old
military impunity we’ve seen for decades in Indonesia.”

The government did little to curb attacks and discrimination against
religious, sexual, and ethnic minorities during 2010. On several
occasions, militant Islamic groups mobilized large groups of private
citizens and attacked places of worship of religious minorities.
Police frequently failed to arrest the perpetrators of the violence.

While Indonesia has vibrant media, throughout 2010 Indonesian
authorities invoked harsh laws to prosecute individuals who raised
controversial issues, chilling peaceful expression. Indonesia’s
criminal libel, slander, and “insult” laws prohibit deliberately
“insulting” a public official and intentionally publicizing statements
that harm another person’s reputation, even if those statements are
true. For instance, in early 2010, Tukijo, a farmer from Yogyakarta,
was sentenced to six months’ probation and a three-month suspended
prison sentence for criminal defamation after he argued with a local
official regarding a land assessment.

The government has imprisoned more than 100 activists from the
Moluccas and Papua for rebellion for peacefully voicing political
views, holding demonstrations, and raising separatist flags. In
August, the authorities arrested 21 Southern Moluccas activists in
Ambon and Saparua and charged them with treason for planning to fly
balloons and Southern Moluccas Republic flags during a visit by
President Susilo Bambang Yudhoyono.

The country’s political prisoners include Filep Karma, 51, a Papuan
civil servant imprisoned for organizing a Papuan independence rally on
December 1, 2004, and Buchtar Tabuni, 31, a leader of the West Papua
National Committee, a Papuan independence organization that has grown
more radical since his imprisonment.

Government restrictions on access to Papua by foreign human rights
monitors and journalists imposed when Indonesia took over Papua in
1969 remained in place in 2010.

“By keeping the foreign media and rights organizations out of Papua,
the Indonesian government is all but admitting that serious abuses
persist,” Pearson said. “Ending those restrictions would be a first
step in reversing Papua’s downward spiral.”

To read Human Rights Watch’s World Report 2011 chapter on Indonesia,
please visit:

http://www.hrw.org/en/world-report-2011/indonesia

To read the Human Rights Watch World Report 2011, please visit:

http://www.hrw.org/en/world-report-2011

For more information, please contact:
In Perth, Elaine Pearson (English): +61-415-489-428 (mobile)
In Washington, DC, Sophie Richardson (English, Mandarin):
+1-917-721-7473 (mobile)
In Jakarta, Andreas Harsono (English, Bahasa Indonesia):
+62-815-950-9000 (mobile)


Boycott needed after torture trial farce – Greens

Soldiers of the Indonesian Army

Image via Wikipedia

Boycott needed after torture trial farce – Greens

Media Release – Tuesday January 25th, 2011

The Australian Greens have called for the Government to cut all military
ties with Indonesia in response to light jail terms handed down
yesterday to Indonesian soldiers who tortured two Papuan men.

Greens legal affairs spokesperson Senator Scott Ludlam said the conduct
of the Indonesian government and the farcical trial of the three
soldiers involved showed a “total lack of respect for human rights”.

“What we have here is an open and shut case of severe torture, with
video evidence, and the soldiers responsible will spend, at most, 10
months in prison and then continue their careers in the Indonesian army
- they won’t even be discharged. It is a disgrace – an absolute
disgrace,” said Senator Ludlam.

“There is no ambiguity here. A video of the torture shows the soldiers
burn one man’s genitals, suffocate him with a plastic bag and hold a
knife to his throat. One of the victims said he was beaten for two days,
held over a fire and had chillies rubbed into his wounds,” he said.
“First the Indonesian authorities claimed their soldiers were not
responsible, and then charged them with ‘disobeying orders’. It was a
pathetic response from a government that couldn’t care less about the
human rights of the Papuan people.”

Senator Ludlam said the Australian Government must cut military and
para-military ties with Indonesia.

“Why are we helping to train and arm these soldiers? Why do we fund the Indonesian National Police when its Detachment 88, a so-called
counter-terrorism unit, has been linked to a series of human rights
abuses?” said Senator Ludlam. “While human rights abuses, while torture
continues in Papua and Maluku, we can not fund and train the people
responsible.”


HRW to Indonesia: Stop Stalling on Investigating Torture Video Episode

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http://www.hrw.org/node/94430

HUMAN RIGHTS WATCH
For Immediate Release

Indonesia: Stop Stalling on Investigating Torture Video Episode
Papuan Farmer Describes Days of Abuse by Soldiers

(New York, November 22, 2010) – The Indonesian government should use the newly available video testimony of a torture victim to mount a thorough, impartial, and transparent investigation into the episode, Human Rights Watch said today. The torture of Tunaliwor Kiwo, a Papuan farmer, and his neighbor, was recorded with a mobile phone on May 30, 2010, and the video came to light in October. Kiwo recounted the details of his torture in videotaped testimony only made public in recent days.

Soldiers arrested Kiwo and Telangga Gire on May 30 in Papua’s Puncak Jaya regency. In a 10-minute video of the torture session, soldiers are seen kicking Kiwo’s face and chest, burning his face with a cigarette, applying burning wood to his penis, and placing a knife to Gire’s neck. In the newly available videotaped testimony, Kiwo describes that torture and details other forms of torture he suffered for two more days before he escaped from the soldiers on June 2. Soldiers also tortured Gire, who was finally released after interventions by his wife and mother. The government has promised to investigate, but claims it cannot identify the perpetrators.

“Once again, the authorities are sitting on their hands rather than fulfilling their obligations and proactively identifying and prosecuting the soldiers responsible,” said Phil Robertson, deputy director of Human Rights Watch’s Asia division. “Kiwo has shown tremendous bravery in coming forward – he deserves justice and protection from retaliation, not another half-hearted army investigation and cover-up.”

Indonesia is a party in the United Nations Convention Against Torture and has strict obligations to investigate and prosecute promptly all incidents of torture and to ensure that victims and witnesses are protected against all ill-treatment or intimidation as a consequence of filing a complaint or giving evidence.

Kiwo said in his testimony that he and Gire had been riding a motorcycle from their hometown, Tingginambut, to Mulia, the capital of Puncak Jaya, when soldiers stopped them at a military checkpoint in Kwanggok Nalime, Yogorini. Kiwo said that soldiers seized and hit them, bound their arms with rope, dragged them to the back of the army post, and tied their feet with barbed wire. He said the soldiers tortured him for three days, beating him with their hands and sticks, crushing his toes with pliers, suffocating him with plastic bags, burning his genitals and other body parts, cutting his face and head and smearing the wounds with chilies, and using other forms of abuse.

Kiwo’s videotaped testimony with subtitles in English and Indonesian can be viewed on the Engage Media website.

“The Indonesian government at the highest levels should guarantee that Tunaliwor Kiwo and Telangga Gire will be protected from retaliation and considered witnesses to crimes,” Robertson said. “The testimony of these two men will be critically important in prosecuting the soldiers who tortured them, so protecting them needs to be a top priority.”

The October media coverage of the May 30 torture video prompted President Susilo Bambang Yudhoyono to hold a limited cabinet meeting on October 22, after which the coordinating security minister, Marshall Djoko Suyanto, admitted that the video showed Indonesian soldiers torturing Papuan villagers. Yudhoyono reportedly ordered the military to investigate immediately, but the government has provided no information about the progress of the investigation.

The National Commission on Human Rights (Komnas HAM) estimates that as many as 50 civilians have been killed in the area since the Indonesian military and police began military operations there last year.

Representatives of the Papuan Customary Council provided the video of Kiwo’s testimony to the National Commission on Human Rights on November 5. The Commission set up a team to investigate the torture episode as well as other human rights abuses alleged to have occurred in Puncak Jaya. The Commission has scheduled a trip to Papua to investigate further, though an earlier visit in late October to investigate the Kiwo-Gire torture video was frustrated by a lack of access and cooperation from military and local officials.

Unexpectedly, Maj. Gen. Hotma Marbun, the Indonesian military commander in Papua, was removed from his post on November 12. It was announced as a “routine transfer” even though Marbun had only been in Papua since January. Human Rights Watch has no information indicating that this transfer is punitive or connected in any way with the torture video. His replacement, Brig. Gen. Erfi Triassunu, should ensure that investigations in the torture case are carried out thoroughly and impartially, and that army officials under his command fully cooperate, Human Rights Watch said.

“Changing military commanders will not root out impunity,” Robertson said. “The victims deserve justice. The Indonesian military and police in Papua should fully cooperate with investigators from the National Commission on Human Rights.”

To view the videotaped testimony of Tunaliwor Kiwo, please visit:

http://www.engagemedia.org

To read the October 2010 Human Rights Watch news release “Indonesia: Investigate Torture Video From Papua,” please visit:

http://www.hrw.org/en/news/2010/10/20/indonesia-investigate-torture-video-papua

To read the June 2010 Human Rights Watch report “Prosecuting Political Aspiration: Indonesia’s Political Prisoners,” please visit:

http://www.hrw.org/en/reports/2010/06/23/prosecuting-political-aspiration-0

For more information, please contact:
In Jakarta, Elaine Pearson (English): +1-646-291-7169 (mobile); or +62-812-8222-3591 (mobile)
In Bangkok, Phil Robertson (English, Thai): +66-850-608-406 (mobile)
In Washington, DC, Sophie Richardson (English, Mandarin): +1-202-612-4341; or +1-917-721-7473 (mobile)

Appendix: Confusion over two different torture videos from Papua

March 17, 2010 video
On November 5, 2010, the Jayapura military tribunal opened the trial against Master Pvt. Sahminan Husain Lubis, Pvt. Second Class Joko Sulistiono, Pvt. Second Class Di Purwanto, and their commander Second Lt. Cosmos N. of the Kostrad 753 battalion on the charge of “disobeying orders.” Cosmos led a 12-person unit to man a checkpoint in Kolome village, Illu district, Puncak Jaya. Many international and national reporters, and some Indonesian officials, mistakenly believed the trial was to focus on the torture of Kiwo-Gire as captured in the video of May 30, 2010.

During the trial, it became clear that the case involved a different incident of torture also caught on video but filmed on March 17, 2010. In the proceedings, the soldiers admitted the torture depicted in the video. According to Cosmos, the incident happened when his team conducted a routine patrol. He said he received intelligence information suggesting that there was an AK-47 and Mauser weapons stockpile in Gurage village.

The team entered the village and separated the men and women. One by one, they questioned all the men, and when they did not receive responses they considered acceptable, the soldiers began kicking and punching the villagers. Second Pvt. Ishak used a Nokia N-70 mobile phone to record the interrogations and beatings. He told the court that Cosmos had ordered him to do so.

Observers at the trial reported to Human Rights Watch that a judge, Lt. Col. CHK Adil Karo Karo, told Ishak, “You’re stupid. Knowing how sensitive it was, why did you keep recording it anyway?” It was a quick trial with only two sessions for hearings and not a single external witness was summoned by the court. On November 12, the Jayapura military tribunal found Cosmos and the three privates guilty of “disobeying orders.” Cosmos was sentenced to seven months. The three privates were sentenced to five months each.

May 30, 2010 video
The May 30, 2010 video showed a number of soldiers with two bound Papuan men lying on a dirt road. An electronic analysis of the video showed that it was taken at 1:30 p.m. A Puncak Jaya-based official of the Papuan Customary Council reported in August 2010 that two men had been tortured on the afternoon of May 30: Tunaliwor Kiwo and Telangga Gire. Moribnak had managed to interview Gire in July. Moribnak wrote that the torture had probably taken place in Yogorini village, Tingginambut district, Puncak Jaya regency. It allegedly involved members of Kostrad 753rd battalion. Given government restrictions on international organizations entering these areas, Human Rights Watch has not been able to independently confirm the actual location where the torture took place or the identity of the unit of the soldiers.

Kiwo escaped from the soldiers on June 2, and the soldiers released Gire after his mother and his wife had pleaded for his life.

Human Rights Watch issued a statement on October 20, calling on the Indonesian government to investigate the incident seriously.