Month: September 2011

WPNA: WEST PAPUANS HAVE CONTINUED TO BE HUNTED LIKE ANIMALS

Opinion

By Herman Wainggai, West Papua National Authority
September 15, 2011

WASHINGTON : WEST PAPUANS HAVE CONTINUED TO BE HUNTED LIKE ANIMALS

I have lived in Australia for the past five years and have visited the United States several times. Currently I am in America working to promote democracy and human rights in West Papua; a right that my people have been desperately struggling to win for almost fifty years.Even in the recent past West Papuans have continued to be hunted like animals but our resolve has never diminished to win independence and become our own self-governing nation.

Since 2009 when the Australian government granted thirty-nine West Papuan friends and myself political refugee status in 2006. Australia has given us protection, permanent residency and in some cases Australian citizenship.

My question to Indonesia is, “Why do the Australians value the lives of West Papuans and allow us to enjoy our freedom while at the same time the majority of West Papuans do not even know what freedom feels like?

On October 8 and 9 there will be an historic meeting of the West Papua National Authority Congress unlike any other in our past. It will take place in Port Numbay, the capital city of West Papua. The people of West Papua have known for seven years of the existence of the West Papua National Authority (WPNA). At the meeting we hope to break new ground on the soil of our beloved homeland and forge new and vital relationships with important international powers. Additionally we will be meeting in Cenderawasih University on 16-19 of October. The floodgates of democracy will soon swing wide open and we West Papuans will finally realize our dream of merdeka and the international community shall be behind us on a journey as a nascent, democratic nation.

My hope is that the American government will continue to hear the voices of West Papuans through our presence here in Washington, D.C.

I would like to request that the international community hears our call for help and understands that our policy of peaceful protest is rooted in 50 years of repression and violence. Our continuing struggle for freedom is clearly endorsed and encouraged by President Barak Obama of the United States as illustrated by his words spoken in April 2009 in Prague:

““…peaceful protest could shake the foundations of an empire, and expose the emptiness of an ideology. It showed us that small countries can play a pivotal role in world events, and that young people can lead the way in overcoming old conflicts. (Applause.) And it proved that moral leadership is more powerful than any weapon.” ”

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AHRC: Manokwari court sentences two Papuan activists in flawed trial

Urgent Appeal Update: AHRC-UAU-041-2011

15 September 2011

[RE: AHRC-UAC-117-2011: Police ill-treats peaceful protesters and forces rebellion charges in a flawed process]
———————————————————————
INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

ISSUES: Freedom of expression; right to fair trial
———————————————————————

Dear friends,

The Manokwari district court in West Papua has sentenced two peaceful activists to seven and a half months and two years imprisonment respectively. The trial was characterised by a series of violations of the Indonesian criminal procedure and appeared to be politicised and biased. The victims had participated in a peaceful protest in December 2010. The Manokwari Court ignored several basic rights of the accused and the verdict was given despite the lack of sufficient evidence. Five more victims are still undergoing their trial process.

UPDATED INFORMATION:

On 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. The AHRC issued this urgent appeal regarding their case.

The AHRC has now received information from LP3BH, a local legal aid group in Manokwari that the judges panel led by Cita Savitri, issued the verdict that two of the peaceful protesters, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion, while the other accused are still undergoing the trial process. (photos:Daniel Yenu (left) and Melki Bleskadit (right) in court, source:LP3BH)

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses to the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted to be a witness in a trial. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years. (photo: public prosecutor at Yenu’s trial source:LP3BH)

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

On 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit such a plea.

The AHRC is very concerned that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The Police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. The AHRC deplores the dysfunction and apparent politicisation of courts in West Papua as this leaves people without access to the law-based and impartial justice mechanisms, they are entitled to. (photo: judges at Yenu’s trial, source:LP3BH)

SUGGESTED ACTION:
Please join us in writing to the authorities listed below, asking them to thoroughly review and examine the trial process against Mr. Bleskadit and. Mr. Yenu and to review the criminal code application against the peaceful expression of opinion.

Please be informed that the AHRC is sending letters on this case to the and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous peoples, and the Special Rapporteur on the independence of judges and lawyers calling for their interventions.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

Name of victim: Melki Bleskadit, Daniel Yenu
Names of alleged perpetrators: The examining judges, Cita Savitri, I Gusti Ngurah Taruna W and Helmin Somalay
Date of incident: August 2011
Place of incident: Manokwari District Court

I am writing to voice my deep concern regarding the verdict against two Papuan activists, who were sentenced to imprisonment for conducting a peaceful protest in December 2010.

I know that on 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

I have receive information that the judges panel led by Cita Savitri, declared the verdict that two of the peaceful protesters, Melki Bleskadit and Daniel Yenu, were guilty for acts of rebellion, while the other five victims are still undergoing their trial process.

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses of the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted as a witness in trials. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years.

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

I learned that on 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit a plea to the court.

I am very disturbed to hear that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law in this case. The verdict appears to be fabricated and I am very concerned about the impartiality of the local courts and their disregard for Indonesian criminal procedure.

Therefore, I urge you to review and examine the trial process of both victims. The authorities concerned should look into the victim’s allegations of procedural failures in the local institutions and the ongoing lack of intervention – as far as I am aware – following the victims earlier complaints. The principle of fair trial as required by international and national law must be applied in the appeal’s process in the case of Mr. Bleskadit, Mr. Yenu and the ongoing trials of the other five accused.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia
Phone : +62 21 3863777, 3503088.
Fax : +62 21 3442223

2. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
Indonesia
Phone: +62 21 392 5227-30
Fax: +62 21 392 5227
Email : info@komnas.go.id

3. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

4. Chief Justice of the Republic of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara No.9-13, Jakarta 10110
INDONESIA
Phone: +62 21 3843557 -3453348
Fax: +62 21 383541

5. Chairman of Judicial Commission
Komisi Yudisial Republik Indonesia
Jl. Kramat Raya No. 57, Jakarta Pusat
INDONESIA
Phone: +62 21 3905455;
Fax: +62 21 3905455;
Email: kyri@komisiyudisial.go.id

6. Head of Manokwari District Court
Jl. Merdeka No. 69
Nabire, Jayapura 98815
INDONESIA
Phone: +62 984 21007
Fax: +62 984 24087

7. Head of Jayapura High Court
Jl. Tanjung Ria No. 98. Base “G”
Jayapura 99117
INDONESIA
Phone: +62 967 541045, 541443, 541248
Fax: +62 967 541045

Yours sincerely,

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

 

 

 

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Komnas HAM is gathering data about the 15 arrests in Skyline

Bintang Papua. 8 September 2011Although thirteen of the fifteen Papuans who were arrested on 31 August have since been released, the National Human Rights Commission’s  (Komnas HAM) Papua branch is continuing to pay serious attention to what happened, said Mathius Murib, deputy chairman of the commission. ‘We have been paying close attention to what has happened from the start up to the present moment,’ he said.

‘The proper procedures were not followed and the people who were detained were subjected to mal-treatment, and what is even more disturbing is that a child of 7 or 8 years old was kidnapped at the same time,’ he said.

After receiving complaints from the families of the victims, Komnas HAM decided to investigate the case.’Since receiving these complaints we have been conducting investigations which are still on-going.’

Commenting on allegations by the KNPB – National Committee for West   Papua –  that the events in Papua that preceded the arrests had been deliberately set up, especially the incidents in Jayapura, he said that we would need to have evidence that this was true. ‘People can express their opinion about this but everything needs to be based on careful investigations which can be properly accounted for.’

‘We need to know who was responsible, what the motivation was and whether the incidents were deliberately set up or not.’ When asked whether the incidents were being comprehensively investigated, he said  he said that a number of incidents had occurred one after the other, almost daily, cases that need to be handled by the police.Moreover, some people were involved in several of the incidents. ‘Is this a matter for the police or for the NGOs or for the Komnas HAM? Whatever the case, they must be dealt with, and it is mainly the responsibility of the police to do so.’

Asked whether the Komnas HAM was conducting its own investigations, he said that this would depend on whether it falls within its authority to do so. The procedure requires that there should be an official request. Komnas HAM could make recommendations but that is all. But basically it is the responsibility of the police.’

As yet, the government and the legislature have said nothing.  ‘Up until now, those who have been expressing their concern about the cases are the NGOs, the churches and Komnas HAM. But issuing statements is not enough; bodies need to do whatever  is within their authority in order to change things for the better.  This is a matter for the legislature which should exercise its powers to do so.’

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Would An Independent West Papua Be A Failing State? :: JapanFocus

Would An Independent West Papua Be A Failing State? :: JapanFocus

« Back

Would An Independent West Papua Be A Failing State?

David Adam Stott

“Where it cuts across the island of New Guinea, the 141st meridian east remains one of colonial cartography’s more arbitrary yet effective of boundaries.”1

On July 9, 2011 another irrational colonial border that demarcated Sudan was consigned to history when South Sudan achieved independence. In the process an often seemingly irrevocable principle of decolonisation, that boundaries inherited from colonial entities should remain sacrosanct, has been challenged once again. Indeed, a cautious trend in international relations has been to support greater self-determination for ‘nations’ without awarding full statehood. Yet Kosovo is another state whose recent independence has been recognised by most major players in the international community.2 In West Papua’s case, the territory’s small but growing elite had been preparing for independence from the Netherlands in the late 1950s and early 1960s, and Dutch plans envisaged full independence by 1970. However, in 1962 Cold War realpolitik intervened and the United States engineered a transfer of sovereignty to Indonesia under the auspices of the United Nations. To Indonesian nationalists their revolution became complete since West New Guinea had previously been part of the larger colonial unit of the Netherlands East Indies, which had realised its independence as Indonesia in 1949. In West New Guinea, most Papuans felt betrayed by the international community and have been campaigning for a proper referendum on independence ever since.

Read the full paper here:

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Pacific cannot be truly free until West Papua is free, say activists

From our partners at Pacific Media Centre

West Papuan protesters demonstrate at Auckland University when UN Secretary-General Ban Ki-moon made a speech. Photo: Henry Yamo / PMC

Asia-Pacific Journalism, Pacific Media Centre

14 September, 2011

Henry Yamo

“Free West Papua” … the Pacific isn’t free until West Papua is free. That is the four-decades-old West Papuan slogan that reverberated for a week as the Pacific islands countries gathered for the 42nd Pacific Islands Forum in New Zealand.

Ban Ki-moon waving to West Papuan protesters at Auckland University. Photo: Karen Abplanalp / PMC

Ban Ki-moon waving to West Papuan protesters at Auckland University. Photo: Karen Abplanalp / PMC

Dr John Ondawame from the West Papua People’s Representative Office in Vanuatu says: “Our call to the leaders of all Pacific countries is to support the West Papua peoples’ call for peace talks between the government of Indonesia and the people of West Papua.”

Pacific leaders must remember that the Pacific will never be free unless West Papua is free from the current oppression and atrocities that have lasted for more than 40 years caused by the Indonesian government, he says.

Dr Ondawame says their concerns are voiced particularly to their Melanesian neighbour countries to call on the government of Indonesia to take decisive decision on suggested peace talks and recommend a Forum fact-finding mission to West Papua.

“We are calling as Melanesian brothers and are very keen to meet with the Prime Minister of Vanuatu who has indicated to support our call,” he says.

“We also want to lobby with leaders from other Melanesian and Pacific countries to support Vanuatu when it raises the West Papua,” he said.

Fundamental right
The member for Te Tai Tokerau electorate and founding leader of the Mana Party in New Zealand, Hone Harawira, says he supports the cause of West Papuans because freedom is a fundamental right.

“As Pacific islanders we can only be totally free if West Papuans who are also from the Pacific are completely free from the current oppression,” says Harawira.

Jo Collins ... abuses will not go away. Photo: Henry Yamo / PMC

Jo Collins … abuses will not go away. Photo: Henry Yamo / PMC

This was reinforced by the spokesperson for the Australian West Papua Association, Joe Collins, who says the Forum has to realise the abuses have been going on for many years and will not go away.

“People get shot or get burnt; tortures are carried out publicly on the streets so that it creates fear among the people.  The level of spying on West Papuans is very high, starting in villages and into towns and cities,” he says.

West Papua is one of the last conflict areas in the Pacific region. The international and Pacific governments should pay more attention to the level of torture and atrocities being experienced by the people.

Dr Ondawame says the freedom of West Papua is a Pacific issue that has received “embarrassingly  little” attention from Pacific countries while the United States and United Kingdom have made their position clear, calling for constructive and peaceful dialogue.

“At least Melanesian countries must act and we are pleased that Vanuatu is the only country that has come forward to firmly support the aspirations and independence of West Papua while our very close neighbour PNG has been silent and has been working closely with Indonesia,” he says.

Call for UN action
The United Nations cannot do much with human rights issues in West Papua unless Pacific Island countries unite and call for UN action.

Rex Rumakiek ... seeking peaceful solution. Photo: Henry Yamo / PMC

Rex Rumakiek … seeking peaceful solution. Photo: Henry Yamo / PMC

Secretary-General of the West Papua National Coalition for Liberation (WPCNL) Rex Rumakiek says: “West Papua has been part of the Pacific since the establishment of the South Pacific Commission and also as founding member of the Pacific Conference of Churches set up in 1956.

“And so it is timely for our Pacific brothers to adhere to our concerns when the opportunity arose. We are here to seek that support.”

Rumakiek says the people of West Papua will continue to take up the call until a peaceful solution to the problems is found, ending the shameful atrocities encountered.

Meanwhile, activist Paula Makabory says their struggle is not a fight against the Indonesian government but also against imperialism and neo-colonialism.  It is about being Melanesian within Indonesia.

“Shouting West Papua or free West Papua or even displaying the West Papua flag in West Papua has landed people in jail for 15-20 years or have been beaten very badly that some eventually succumb to their injuries.”

She says even though Indonesia has rectified civil and political rights under the UN treaty, West Papuans are constantly under military surveillance and humiliated every now and then.

Their united call is for the Forum to support their call for a peaceful dialogue with the Indonesian government and to grant West Papuan representatives observer status at their annual conferences.

The West Papuans believe that the Forum cannot say it promotes regional stability, while overlooking and neglecting the deadliest issue that has dragged on for over four decades.

Henry Yamo is a postgraduate journalist on the Asia-Pacific Journalism course at AUT University’s School of Communication Studies.

More coverage on the West Papua issue at the Pacific Islands Forum

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