West Papua's Independent Human Rights Media
October 19, 2013
West Papua Media team and local stringers
Early reports received from West Papua Media stringers have described another serious and violent crackdown across West Papua on October 19 by Indonesian security forces, against peaceful gatherings commemorating the second
Continue reading “Police violently break up 3rd Congress NFRPB commemorations across West Papua”
by ALDP (Alliance for Democracy in Papua)
Opinion/Statement
September 6, 2013
68 YEARS SINCE INDONESIA BECAME INDEPENDENT, TREASON [MAKAR] IS STILL BEING USED AGAINST PAPUANS.
The Indonesian people recently celebrated the 68th anniversary of their independence on 17 August 2013. What lessons can we draw from this anniversary in order to resolve problems faced by our people who experience so many problems in various parts of the country, especially in regions where there is conflict such as Aceh and Papua?
Especially with regard to Papua, it is not acceptable for the articles about treason to be used any more. This is because for a country that is now based on democratic principles, it clearly violates these principles. Furthermore, the law on treason which is still included in Indonesia’s Criminal Code is no longer used in the country where it originated [The Netherlands]. The continued use of these articles will only widen the gap between Papua and Indonesia and lead to acts of violence because of feelings of revenge about history, or may cause friction between different groups of people.
These articles on treason are always held ready for use against activists or anyone who demands justice and the right to express their views in public, in accordance with the right to freedom of expression.
The treason articles were first included in the Criminal Code in the 19th century. The Dutch Minister of Justice adamantly refused a move to include an article on treason which could be applicable to anyone. He said: ‘These articles should be enacted to meet the needs of a colonial territory and should not be applicable to European countries.’
The articles on treason were adopted by the Dutch colonial government and were based on Article 124 of the British Indian Penal Code. In 1915. The Indian Supreme Court and the East Punjab High Court declared that they were invalid because they contradicted the Indian Constitution which upheld the principle of freedom of expression. In The Netherlands, these articles were regarded as being undemocratic. However, the Dutch East Indies government made use of the articles in their colonial territories.
In this day and age, several decades after Indonesia declared its independence, these articles should no longer be applicable to citizens of the country, including Papuans, bearing in mind that Papua is not a colony of Indonesia. {Eds – This statement does not reflect WPM’s position}
In judicial terms, treason is a unilateral act against the authorities, for the purpose of ensuring that part of its territory falls into enemy hands or should be ceded in order to become part of another state.
The crime of treason is regulated under Articles 104 to 129 of the Criminal Code – KUHP. Treason is also classified as a crime against the president and vice-president [the head of state and/or the head of a rival state], against the legitimate government or against government agencies, being involved in espionage on behalf of the enemy, resistance to government officials, rebellion and other activities that are directed against state interests. Treason is also committed against the government (the head of state and his/her deputy) for the main purpose being to render an individual incapable of governing, to annihilate the country’s independence, to overthrow the government, to change the system of governance by unlawful means, to undermine state sovereignty by separating part of the country on behalf of another country, or to create an independent state.
The crimes of spreading hatred or incitement are dealt with in Articles 154, 155 and 156 of the Criminal Code. These articles state that ‘public statements which express feelings of hostility or are offensive to the government’ are regarded as crimes as well as public statements which support such sentiments. These articles are punishable for up seven years.
During the era of the late President Soeharto, these articles were frequently used to restrict freedom of expression. They were also used against political opponents, critics, students and human rights defenders in order to silence them. The people in power used these articles like rubber, something which can be pulled in any direction as a way of restricting the right to freedom of expression.
Nowadays, in {after} the era of ‘reformasi’, the articles are frequently used to bring charges against pro-democracy activists. In Papua. They are used in every way possible against pro-democracy activists on occasions when it has not been possible to charge them for involvement in treasonous activities.
In a report published by Human Rights Watch (HRW) in 2007, ‘Protest and the Punishment of Political Prisoners in Papua’ , Indonesia was mentioned as one of the countries where exceptions and restrictions apply that are in conflict with the basic principle of freedom of opinion. HRW drew attention to the many cases of people being arrested and imprisoned simply because they took part in peaceful protest or for peacefully raising flags. This is in violation of international law on basic human rights. Indonesian courts frequently apply the law on ‘spreading hatred’ or ‘incitement’ towards people who are exercising their right to freedom of expression. These clauses also violate the spirit of the Indonesian Constitution which was adopted when the country became independent in 1945.
There is a tendency in Papua for a court, having been unable to prove that treason was committed, to use the crime of incitement. The articles about treason were used when Indonesia was a Dutch colony to charge individuals or groups of people with rebellion. But these days, ‘the articles on treason are used against the civilian population when they publicly express their aspirations,’ said Harry Maturbongs, the former co-ordinator of KontraS.
A lawyer in Papua, Gustaf Kawer, said that the tendency of courts and prosecutors to use the charge of incitement when they are unable to prove that treason has been committed, is a sign that the court is apprehensive and wants to avoid the possibility of people who have been charged making counter-charges against the state, where the case against them had not be proven.
It is often the case that pro-peace Papuan activists who are brought before the courts are charged on several counts for a variety of misdemeanours. In the trial of Buchtar Tabuni in 2010, he was charged under five articles. Article 106 and Article 110, as well as Article 160, Article 212 and Article 218, for treason, for incitement and for disobeying an order by an official. Another group of people were sentenced and convicted for treason. Forkorus Yaboisembut and his colleagues were arrested by the police for organising the Third Papuan People’s Congress on 19 October, 2011. [After formally declaring the establishment of an independent Federated State of Papua] ‘President’ Forkorus, along with his Prime Minister Edison G. Waromi, were arrested with others who were involved in organising the Congress, Dominikus Surabut, Agus M. Sananay Kraar and Selfius Bobii. They were charged by a team of prosecutors headed by Yulius D.
Even today In 2013, the treason article continues to be used. A group of men were recently charged. They are Klemens Kodimko (71 years old), Obeth Kamesrar (68 years old), Antonius Saruf (62 years old), Obaja Kamesrar (52 years old), Yordan Magablo (42 years old), Hengki Mangamis (39 years ) and Isak Klebin (52 years old) . They were charged at the first hearing of their trial in a court in Sorong on Monday, 19 August 2013.
A spokesman for the police in Papua, I Gede Sumerta Jaya, said that the men were charged with treason because they are leaders of the OPM (Organisasi Papua Merdeka) or of radical groups that are active planning or speaking out in favour of resistance to the legitimate government.
Earlier this year, on 30 April, hundreds of people gathered at a posko [a small construction] which they had just set up. They sang together as they gathered there on 30 April to make preparations to celebrate 1 May on the following day. While they were singing, shooting was heard aimed in the direction of the posko. The shots came from some people aboard an avanza vehicle with darkened windows, accompanied by a police patrol vehicle.
[Translated by TAPOL]
by Herman Wainggai*
January 21, 2013
Opinion
It is likely that most US citizens who consider themselves informed about global events are aware of the genocides in Rwanda, Bosnia and East Timor, yet it’s likely that few people in the US are aware of the ongoing genocide in West Papua, New Guinea.
In Rwanda, genocide resulted in an estimated 500,000 deaths in a 3-month period; in Bosnia, genocide resulted in an estimated 200,000 deaths in a 3-year period. In East Timor, there were more than 103,000 deaths in a 3-year period; and, in West Papua, New Guinea, there are conservative estimates of 100,000 Melanesian Papuans killed, and 300,000 displaced or missing over a 47-year period. Remarkable is the disparity of time between the Rwanda, Bosnia and East Timor genocides, ranging from 3 months to 3 years, contrasted with the ongoing 50-year genocide of indigenous West Papuans. In the aftermath of the Rwandan 3-month slaughter of 500,000 people, the carnage was blatant, the atrocities flagrant.
In view of the continuing carnage wrought in West Papua by the Indonesian military during the past 50 years, we must wonder why most people in the Western world are oblivious to the indigenous Melanesians’ plight, and what factors are contributing to the protraction of such abuse.
Indonesia’s colonization and military occupation of Dutch-owned West Papua was achieved, and continues, with the blessing of the governments of the United Kingdom, Australia and the United States, and facilitated by the operation of the world’s largest copper and gold mine owned by Freeport-McMoRan Copper and Gold Inc., a US corporation.
In addition, for more than 50 years, some of the world’s largest transnational mining corporations have been exploiting West Papua’s oil and minerals, including Union Oil, Amoco, Agip, Conoco, Phillips, Esso, Texaco, Mobil, Shell, Petromer Trend Exploration, Atlantic Richfield, Sun Oil and Freeport (USA); Oppenheimer (South Africa); Total SA (France); Ingold (Canada); Marathon Oil, Bird’s Head Peninsula (UK); Dominion Mining, Aneka Tambang, BHP, Cudgen RZ, and most critically, Rio Tinto (formerly RTZ-CRA) (Australia/UK).
The exploitation of natural resources by extractive industries results in catastrophic harms to human and environmental health and indigenous societies. Typically, mainstream global media, most of which are in thrall to corporate interests, look the other way when such military/corporate injustices are perpetrated upon indigenous populations.
New Guinea is the second largest island on earth, and one of 20,000-30,000 archipelagos in the South Pacific. The island is divided vertically, with independent Papua New Guinea occupying the eastern section and West Papua, now an unwilling province of Indonesia, occupying the western side. There are more than 250 tribes, more than 270 distinct languages and thousands of different pidgin dialects.
In addition to copper and gold, abundant natural resources include natural gas, oil, timber and fish. These resources profit corporate interests and the Indonesian government without compensation to the Melanesian population, who live in poverty.
In 1969, the Act of Free Choice consultation was held in West Papua to ascertain whether the indigenous Melanesian population preferred to remain a province within the nascent nation of Indonesia or become their own independent nation. The consultation was fraudulent, and free participation by the indigenous people was nil. Only 1025 West Papuans, representing a population of one million, were picked ( by the government of Indonesia ) to vote and it was not implemented in accordance with international law of the New York Agreement on August 15, 1962 – One Man One Vote. It was a whitewash. Nobody gave a thought to the fact that a million people had their fundamental rights trampled ( CV Narasimhan, Deputy Secretary – General of the United Nations 1961 – 1978 ). Thus, the voiceless West Papuans became a province of Indonesia and the victims of 50 years of oppression.
The people of this forgotten land have struggled for freedom for 50 years under brutal Indonesian occupation. The people of the different tribes are raped, tortured and slaughtered, and their natural environment continues to be degraded. In their efforts to resist this injustice, their leaders have been arrested, tortured and threatened with death. For this reason, many now live in exile, where they continue to be involved in education and activism with the goal of enlisting the international community to join their efforts to achieve justice and freedom.
The Universal Declaration of Human Rights affirms the rights of all people to freedom of opinion and expression, and the right to peaceful assembly and association. Indonesia is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to freedom of expression and peaceful assembly, and Indonesia’s constitution also declares those rights. However, Indonesia’s continued arrest and incarceration of nonviolent political activists since the 1980s, and the October 19, 2011 arrests of more than 300 civilians during the Third National Congress, including Edison Waromi and Forkorus Yaboisembut, Prime Minister and President, respectively, will not deter Melanesians from their nonviolent struggle to secure self-determination within a democratic framework, and are recognized, respected and supported by the international community.
For this reason, many peaceful demonstrations took place around the world on
January 17, 2013. The Demonstrations commemorated the escape to freedom by 43 West Papuan refugees on January 17, 2006, when, after paddling across open ocean for four days and surviving a violent storm, they beached their traditional canoe in Australia and found asylum. Myself – Herman Wainggai – am one of those 43.
The Free West Papua Political Prisoners Team in Washington DC is a group of academics and human-rights activists who are willing to stand up for justice and work toward a free West Papua that is independent from military and corporate colonization.
Human Rights Watch reports that Indonesia has incarcerated nearly 100 activists from Maluku and Papua for peacefully voicing their patriotism and political views. As one of those former political prisoners forced into exile, I am now a visiting scholar at George Mason University, after being imprisoned for more than two years after daring to raise the West Papuan flag. My uncle, Dr. Thom Wainggai, died while imprisoned for the same demonstration of patriotism.
Free West Papua Campaign in Los Angeles, California
“I want to commend Moana Nui for organizing this demonstration on behalf of the people of West Papua to give voice to their fight for freedom and self-determination. We call on the leaders of all governments to stop supporting human rights abuses, murder, genocide and the military occupation of West Papua. To our brothers and sisters in West Papua: Continue to fight for what you know is right, for your freedom, your culture, for humanity. Know that, in this fight, you are not alone.” Harold Green. http://mnaa-ca.org/jan-17-2013-west-papua-action/
Free West Papua Campaign in Melbourne
Foreign Affairs Minister of the Federated Republic of West Papua, Jacob Rumbiak, said international activists are demanding that Indonesia remove its military personnel, and that president Yudhoyono must issue orders to stop the slaughter of West Papua National Committee (KNPB) members.
“Six activists were arrested and tortured in Serui yesterday for handing out pamphlets about today’s rally, including Patris Rosumbre (Vice Governor, Saireri State, Federated Republic of West Papua) and Menase Karubaba,” he said. Rosumbre has since escaped, but the whereabouts of Karubaba are not known, and there is deep concern for his safety.
The Federated Republic of West Papua has called for negotiations with the Indonesian government under the auspices of the United Nations since 2011, and, Rumbiak claims, “Indonesia is losing credibility with its international donors in failing to respond to our invitation.”
Free West Papua Campaign in the Solomon Islands
In a statement from Honiara, Chairman of Solomon Islands for West Papua, Rexy Roses, highlighted that more than 50 years of tyranny and
immeasurable human rights abuses suffered by the indigenous people of West Papua at the hands of the occupying Indonesian military forces is more than too much to bear, and it is now time for dialogue and negotiations to end the violence in West Papua and to allow a peaceful referendum. This year will be a challenging one, and we will ensure that the cries of the indigenous Melanesian people of West Papua be heard in every corner of the Pacific and beyond.
Since the recent peaceful demonstration in Yapen Island and Manokwari, I have been told that the military agents are increasing their violent activity in West Papua and in many other places around West Papua. It is not difficult to imagine the impact that tens of thousands of Indonesian troops have on the daily lives of the West Papuan people. This new action by the Indonesian military raises the question: Why would Indonesia send so many troops to West Papua? Is this to intimidate the West Papuan people, to deny us our freedom of speech and prevent us from peacefully gathering in the land of our ancestors to debate and challenge the domination of our land and freedom? This recent West Papua Media report clearly states that the Indonesian government does not provide for the protection of human rights in West Papua.
For West Papuans, daily life is a nightmare, full of pain, suffering, torture, rape and bloodshed. There is no freedom to speak or act freely. The systematic oppression, terror, intimidation, kidnapping, incarceration, poisoning and murder of indigenous Melanesians in West Papua has not changed since I fled the country in 2006. It’s time to support the West Papuan people in their struggle for human rights and political independence.
Herman Wainggai is a West Papuan civil resistance activist based in Washington DC USA, and former political prisoner. He lectures in strategic non-violence and civil resistance and is a visiting scholar at George Mason University, Washington.
From Human Rights Watch
http://www.hrw.org/node/112138
“The Hellman/Hammett grants help writers who have suffered because they published information or expressed ideas that criticize or offend people in power,” said Lawrence Moss, coordinator of the Hellman/Hammett grant program at Human Rights Watch. “Many of the writers honored by these grants share a common purpose with Human Rights Watch: to protect the rights of vulnerable people by shining a light on abuses and building pressure for change.”
Governments have used arbitrary arrest and detention, politically motivated criminal charges, and overly broad libel and sedition laws to try to silence this year’s Hellman/Hammett awardees. They have been harassed, threatened, assaulted, indicted, jailed on trumped-up charges, or tortured for peacefully expressing their views or informing the public. When abusive governments target writers, it intimidates others to practice self-censorship.
Free expression is a central human right, enshrined in article 19 of the Universal Declaration of Human Rights, which declares that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.” On July 21, 2011, the Human Rights Committee, the expert body established under the International Covenant on Civil and Political Rights, reiterated the central importance of freedom of opinion and expression, stating that these freedoms “are indispensable conditions for the full development of the person. They are essential for any society. They constitute the foundation stone for every free and democratic society.”
The Hellman/Hammett grants are given annually to writers around the world who have been targets of political persecution or human rights abuses. A distinguished selection committee awards the cash grants to honor and assist writers whose work and activities have been suppressed by repressive government policies.
The grants are named for the American playwright Lillian Hellman and her longtime companion, the novelist Dashiell Hammett. Both were both questioned by US congressional committees about their political beliefs and affiliations during the aggressive anti-communist investigations inspired by Sen. Joseph McCarthy in the 1950s. Hellman suffered professionally and had trouble finding work. Hammett spent time in prison.
In 1989, the trustees appointed in Hellman’s will asked Human Rights Watch to devise a program to help writers who were targeted for expressing views that their governments oppose, for criticizing government officials or actions, or for writing about subjects that their governments did not want reported.
Over the past 23 years, more than 750 writers from 92 countries have received Hellman/Hammett grants of up to US$10,000 each, totaling more than $3 million. The program also gives small emergency grants to writers who have an urgent need to leave their country or who need immediate medical treatment after serving prison terms or enduring torture.
Of the 41 winners this year, six remain anonymous to prevent further persecution. A list and brief biographies of the award-winners, including just the countries of the anonymous grantees, is below.
A concentration of grantees in certain countries points to especially severe repression of free expression by those governments. Twelve of this year’s grantees come from the People’s Republic of China; four of them are Tibetan and remain anonymous for security reasons. Five grantees are from Vietnam, four from Ethiopia, and three from Iran.
“The compelling stories of the Hellman/Hammett winners illustrate the danger to journalists and writers around the world,” Moss said.
2012 Hellman/Hammett Awardees (Full list at http://www.hrw.org/node/112138 )
Dominikus Sorabut (Indonesia/Papua)
Dominikus Sorabut is a Papuan activist who also produced a number of film documentaries on issues such as deforestation, illegal mining, and Indonesian government efforts to eradicate Melanesian Papuan cultures. In 2010, he interviewed a Papuan farmer who was tortured by Indonesian soldiers, helping to provide international exposure of torture and suffering of the farmers. Sorabut has written several op-ed articles and a number of book manuscripts on the Papuan people. While attending a peaceful demonstration for Papuan independence in October 2011, Sorabut was arrested when Indonesian police and soldiers fired into the crowd and detained more than 300 protesters. Sorabut was convicted of treason along with four other Papuan figures and sentenced to three years in prison. He is in the Abepura prison in Jayapura, Papua.
‘Firstly, in accordance with its constitutional responsibility to safeguard its citizens, the government should acknowledge that the way it treats prisoners, convicts and the citizens in general is brutal, inhumane and demeaning. This includes the way it treats Papuan civil society and Papuan political prisoners. Such activities should be prohibited, along with all practices that violate the law. Torture must be clearly identified and criminalised. This would be seen as a concrete sign of Indonesia’s commitment to the International Covnention Against Torture which it officially ratified by enactment of Law 5/1998
Secondly, the government should agree to adopt a policy that recognises Papuan citizens as victims. In those cases where legal processes have been resorted to, rehabilitation not imprisonment should be the method chosen. The government should also adopt measures to inform the general public about the many civilian victims in Papua.
His next point was to ensure that whenever the law on treason is used in a court of law, this should be non-discriminatory and concrete action should be taken to put an end to all criminal activities by the security forces, including judges, public prosecutors and all those people who are in charge of the prisons.
Furthermore, the rights of all Papuan political prisoners must be safeguarded, including ending all illegal detentions. In cases where confessions were made under duress and without the presence of legal counsel, they should not be accepted as evidence in a court.of law.
The government should create mechanisms for people to be able to initiate charges. Such mechanisms should be available everywhere and in all places of detention and imprisonment.And in cases where charges are brought by detainees, this must be followed through by independent investigations by law-enforcement institutions as well as the National Human Rights Commission.
His next point was to urge the National Human Rights Commision, the National Commission to End Violence Against Women and the Ombudsman of the Indonesian Republic, to establish a mechanism for a fully independent National Protection Unit to visit all places of detention, especially places of detention where persons charged with treason (/makar/) or other political prisoners are being held as part of the state’s responsibility to act in accordance with the Anti-Violence Optional Convention.
The seventh point was to press the Indonesian government to enter in peaceful dialogue on the problem of Papua, mediated by a third party, one of the aims of which would to end torture and other forms of violence throughout the Land of Papua.
The eighth point was to press the Indonesian government to invite the UN Special Rapporteur against Torture and Arbitrary Detentions to visit Papua.
The ninth point was to press the Indonesian government to allow foreign journalists to visit Papua.
The tenth point was that the Indonesian government should accept responsibility for incidents of gross violations of human rights such as the incident in Abepura on 7 December 2000, the Wasior 2001 incident, the Wamena 2003 inicident and other incidents that have already been investigated by the National Human Rights Commission, and to ensure that the results of these investigations are considered at the human rights court and dealt with in accordance with the principles of justice.
With regard to the role of the churches in Papua, it should be acknowledged that their main mission has been paralysed by the state and governmental system in Indonesia.
Moreover, its prophetic voice is hardly ever heard in Papua, particularly since Papua was integrated into the Indonesian republic by military means and this the integration was preceded by the bloody events surrounding the Act of Free Choice, which continue to the present day.
‘The churches have forgotten or refused to recognise that Christianity arrived in Papua three centuries ago, on 5 February 1855.’
These thoughts were expressed by Socrates Sofyan Yoman during his opening address of the Congress of the Alliance of Baptist Churches in Papua at the Baptist Church in Wamena in October 2012.
He pointed out that his church has supported the Papuan people with education, religious belief, healthcare and in the economic sphere, and has helped to improve access to the most remote areas by establishing small airfields which cater for small aircraft, with alll the risks this involves.
The church’s missionaries live in close proximity with the Papuan people and help to foster the dignity of the Papuan people.in sharp contrast to what Indonesia has done since Papua’s integration, when it became a colonial power, a fact that is rarely criticised by the churches.
As a church leader, Yoman said that he not only studies the Bible but also learns from the history of Papua. He has learned a great deal from this history, in particular the many untruths that have been told. It is the role of the churches to insist on correcting these untruths, he said
Until now the churches talk about ‘peace and well being’ but God’s people are continually stigmatised as treasonous and accused of being part of the OPM.
As a church leader, he rejects all these allegations and believes that Christians must reflect of God’s will, as is stated in Genesis 1:26. For all these reasons, he said in conclusion:
‘I will continue to speak out and will do everything I possibly can to share in the sufferings of God’s people. There is no future for Papua if it continue to remain a part of Indonesia. Papuans cannot live normal lives The churches must speak out about this and integrate themselves with those people whose very identity has been destroyed. It must speak out about justice, equality and the freedom of all humankind regardless of race, ethnicity, culture or religion.
[Translated by TAPOL]
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