Month: April 2011

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.

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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]

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Charges against two Papuan defendants at variance with other court documents; also, statement by Warinussy

JUBI, 31 March 2011 

The formal indictment presented in court against Mecky Bleskadit and Dance Yenu who are facing the charge of unfurling the 14-star flag  in Manokwari last December is at variance with the verbatim report submitted to the court by the police.

A member of the legal team of the defendants, Simon Richard Banundi, said that the charge sheet  does not reflect the contents of the interrogation report which provides a chronological account of the police arrest and they intend to make a formal complaint about this when they submit their demurer (eksepsi) at the next hearing of the case on 5 April.

Banundi said that the two defendants were facing charges under Article 106  of the criminal code for makar and they are also accused of being separatists. The charge sheet also makes reference to Articles 107 and 110 for alleged provocation of a large number of people. After the indictment was read out, the hearing was adjourned and will continue on 5 April.

Yan Christian  Warinussy, co-ordinator of the defence team, later told the press that  when submitting their demurer, he would deal at length with the continuance in force of the makar article and the other articles used in the charge sheet. These articles are being used to silence Papuan activists whenever they give expression to their aspirations and can even result in their ending up behind bars.

The two defendants along with five others were involved in an incident when they unfurled the 14-star flag to commemorate the anniversary of the declaration of West Melanesian independence on 14 December 2010 in Manokwari, West Papua.

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In a statement issued on the following day, the co-ordinator the defence team, Yan Christian Warinussy said that even though articles 102, 106, 108 and 110 can be described as being ‘karet’ (highly flexible), they have been used since the days of President Sukarno and up to the present era of reformasi. to silence people holding  views contradictory to those in power and are still being used by elements within the judiciary and including the police, against people calling for democracy in the Land of Papua as well as in Maluku and Aceh.

He said that the activities that had been undertaken by the two defendants last December had led to charges of makar whereas what they had done should not be seen as makar or separatism. Makar should be seen as an act involving armed violence  or violence. Can the expression of people’s aspirations  such as unfurling the 14-star flag or the Morning Star flag (kejora), or singing the song, Hai Tanahku Papua be branded as makar or separatist?

The government should stop using these articles and there should be a judicial review and an end should be put to using these articles to silence democratic actions in the Land of Papua.

A movement must be launched to call for a judicial review of the makar article must secure the support of all components of society as well as the local governments of Papua and West Papua.

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Call for judicial review of makar article

JUBI, 31March 2011 

‘Makar’ should be tested before Constitutional Court

Yan Christian Warinussy, the executive director of LP3BH, the Instituteof Research, Analysis and Development for Legal Aid, has called on the Dewan Adat Papua, the Papuan Customary Council, to submit the ‘makar‘ -subversion – article in 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, ‘because it is so out-of-date.’

He said that this should be recognised by all components of Papuan society, including DAP and should be tested by a judicial review.’

If this article continues to remain in force, the police will be able to make use of it to arrest Papuan activists when they give expression to their political aspirations to the government. This includes rejecting the special autonomy law and calling for dialogue as the way to resolve the Papuan issue and various other problems in Papua.’

This article can also be used by prosecutors and judges to convict Papuan civilians and activists when raising problems that they confront. ‘In my opinion, this article will continue to be used  to round up and imprison indigenous Papuans whenever they give voice to their aspirations.

He said that the police continue to use articles 106 and 107 of the criminal code on subversion and incitement to detain Papuan activists whenever they raise any problems in Papua, he said.

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Papuan land sold for Rp 384 a sq meter

Bintang Papua, 29 March 2011

PAPUAN LAND VALUED AT Rp 384 A METER

The chairman of the Papuan provincial assembly, the DPRP, has exploded in anger at the news that PT Tandan Sawit paid a paltry sum of money for land belonging to eight clans in the district of Arso Timor.

The DPRP chairman said they would be setting up a special team to look into the compensation sum paid for Papuan land.

The chairman, Isaxk Yunam, who is currently on sick leave, told Bintang Papua that they would have to look into the way agreement was reached about compensation payment, because the payment should take account of the cost of renting the land for 35 years.

In the case of the land taken over in Arso Timor, 18,337 hectares of traditional land were obtained for a payment of Rp 7,040,000,000 per hectare for land which is the source of the livelihoods of the Papuan people. This amounts to a mere Rp 384,000 per hectare or Rp 384 per square meter (the equivalent of about $38 per ha).

Moreover, according to Bintang Papua, the payment would be made over a period of four years which violates government regulations according to which payment should be made in at the most two years.

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