Forkorus is waiting for international support: Verdict to be announced on 16 March

Bintang Papua, 12 March 2012<Illustration at the beginning of the report shows the defendants addressing their sympathisers outside the court.>

The  twelfth hearing of the trial of the five defendants – Forkorus Yaboisembut (‘President of the Federal Republic of West Papua), Edison Waromi (‘prime minister’). Agustinus M Sanany Kraar, Selpius Bobii, and Dominikus Sorabut – was held in the Jayapura district court on 12 March. As had happened at the time of previous hearings,  a large crowd had gathered along the Abepura highway, causing a traffic jam around the courthouse, because of the presence of security force people who were also trying to regulate the traffic.

The defendants also stuck to their routine of saying prayers before the hearing and as well as giving speeches afterwards.

After the hearing concluded, Forkorus and his co-defendants  left the courthose while singing hymns making speeches in which they said that  reject the trial and reject the whole process of charging them with makar – treason. They also said that what they wanted was their unconditional release and they were now awaiting  responses from international lawyers who they had approached for international support. They said that none of the charges against  them were true but were the result of manipulations.

At 8.51 local time, the five defendants arrived at the Jayapura courthouse and as they got down from the coach, they sang hymns together with their supporters and  members of their families for fifteen minutes. This slightly delayed the start of the hearing.

At 9.05, the panel of judges consisting of  five people took their positions on the bench along with two secretaries.

The chairman of the panel of judges had to delay the start of the hearing briefly  because the chief prosecutor had not yet arrived.

This session was held to hear the response by the prosecutor – replik – to the defence statement by the defendants as well as by their legal team.

The chief prosecutor, Julius Teuf said that they firmly rejected the defence statement  as well as the statements made by each of the defendants.Teuf then said that they stood by their earlier  demand that the five defendants should be sentenced to five years imprisonment.

Freddy Latunussa, an expert member of the defence legal team, said that the statement by the chief prosecutor that the defendants had tried, called upon and urged  others to take part in an act of treason  had not been proven under Article  106 of the Criminal Code as had been alleged by the prosecution.

According to the observations of Bintang Papua, the defence team of lawyers  rejected all the demands  made against the defendants as stated in the Replik because the Criminal Code does not allow statements to be read out but should have been presented in writing. As the panel of judges had previously said that this should have been done in writing, the chairman of the panel said that they had given the prosecutors three days to do this in accordance with an agreement reached during a previous hearing.

A 9.20, the chairman of the panel of judges closed the hearing  and said that the trial would continue on Friday, 16 March, when the panel of judges would announce their verdict.

Two West Papuan Community led Ecological Struggles

From our friends at Hidup Biasa

http://hidupbiasa.blogspot.com/2012/03/west-papuan-community-ecological.html and http://hidupbiasa.blogspot.com/2012/03/tablasupa-nickel-minings-drilling-rig.html

Two West Papuan Community Ecological Struggles

On the sidelines of the Papuan People’s struggle for self-determination, at a local level Papuan communities continue to resist the logging and mining industries that are destroying their forests. Here are two stories of recent community resistance from areas close to the Papuan capital Jayapura, translated from the Alliance for Democracy in Papua website http://www.aldepe.com.

1. Seeing their forest destroyed, Arso Villagers Burn Five Logging Camps.

Annoyed by hearing the sound of chainsaws almost every day, and in addition the reports of villagers who regularly enter the forest telling of finding loggers’ camps there, around 20 people from Arso, both young and old, agreed to check the forest for themselves.

Community Resistance against logging (file photo: "The forest eats the forest-eater" by manukoreri.net/westpapuamedia)

This area of forest is commonly called the ‘Golden Triangle’, and is divided between the territory of three villages, Arso, Workwana and Wambes.

As they had guessed they would, once inside the forest they found two sites used by loggers, which had been connected with a track made from offcuts of wood which the loggers would use, dragging the wood from behind a vehicle.

At the first site there was only one camp. At this camp they confiscated two chainsaws and took statements from three loggers who were at the location. They then forced the loggers to leave.

The group continued to the next location. Possibly because the loggers had received information from their friends at the first site, there was only one person left, and they didn’t find any chainsaws.

As their emotions rose some people almost hit out at the logger, but were held back by others. At this second location, four camps were found, complete with televisions, speakers, supplies of food and clothing and so on.  Two vehicles used for dragging wood were also found.  In their emotional state, the people destroyed and burned the camps and everything they found there, along with the camp at the first location.  The two vehicles were also burnt.

According to statements from the loggers, they had been given permission by the customary chief of kampung Workwana, although the Arso villagers felt that they had been cutting trees far inside the Arso territory.

Several people interviewed in kampung Arso on Tuesday 6th March explained that they were still angry “It’s so sad to look at that forest, they even cut very small ironwood trees.” said Wenderlinus Tuamis, a youth who had participated that day.

Meanwhile, according to Franky Borotian, they had been allowing the logging to continue because previously a villager from Workwana had asked to use wood to build her house “a sister had asked for permission to build a house, but then it turned out someone used that permission for business purposes”, he said.

The problem has been passed over to the Customary Council (Dewan Adat).  Villagers asked the Customary Council to use their wisdom to resolve the situation so that conflicts between the people would not emerge.  Especially since the Golden Triangle had become the area which people rely on for food, as other areas have been taken over by two big oil palm plantations, state-owned PTPN II and PT Tandan Sawita Papua (Part of Peter Sondakh’s Rajawali Group)

source: http://www.aldepe.com/2012/03/merasa-hutannya-dirusak-warga-arso.html

2. Tablasupa Nickel Mining’s Drilling Rig Burned, Three Imprisoned

On the morning of 8th February 2012, local people from kampung Tablasupa, near to the Papuan capital Jayapura, burned a drilling rig belonging to the mining company PT Tablasupa Nikel Mining.   The action was connected to an ongoing conflict between local people and the company, which plans to mine nickel on 9629 hectares of land, and is currently carrying out exploration activities.   Although the company has been given a permit by the local Jayapura Bupati’s office, the people of Tablasupa feel that their rights as the holders of customary rights over the land have not been respected.

Two weeks after the machine was burnt, on February 20th,  police arrested
three villagers. Saul Sorontouw, Lambertus Seibo and Kanisius Kromisian.
They have been charged under article 170 of the Indonesian penal code, and are being held in Jayapura police headquarters. While in prison Saul Sorontouw has been ill with gout, which has caused swellings in his knees.  On February 28th police demanded statements from another six villagers, but they were allowed to go home that evening.

The following statement was released by villagers of Tablasupa the day
before the action:

Statement of opinion of the Sorontou-Okoseray-Kiswaitou Ethnic Group
As holders of rights to customary lands on the area covered by PT Tablasupa Nickel Mining’s Mine Enterprise Permit (IUP), Mining Rights (KP) and the Bupati’s recommendation that allows exploration in Kampung Tablasupa, Jayapura Regency

Regarding the as yet unresolved problems around PT Tablasupa Nickel Mining commencing exploration activities on customary land belonging to the people of kampung Tablasupa, the Sorontou- Okoseray- Kiswaitou ethnic group wishes to make the following declaration:

“Reject PT Tablasupa Nickel Mining” conducting exploration and mineral exploitation activities within the customary boundaries of the Sorontou- Okoseray- Kiswaitou ethnic group.

The reasons for our rejection of mining activities are as follows:
1. The whole territory of kampung Tablasupa is unsuitable for mining
activities.

2. The impact of mining activities would also damage the environment of
areas that fall within the territory of neighbouring villages.

3 To avoid mining activities causing conflict with the people and nearby villages.

4. The effect of mining activities will damage and desecrate the environment, and industrial pollution from the mine will contribute to global warming and affect the sources of clean water from the Cyclop mountains.

5. No consensus has been reached through a musyawarah system that would
represent an agreement between the people of Tablasupa and neighbouring
villages.

6. The holders of customary rights to the land have not given their approval (under the Law on Mineral and Coal Mining 4/2009 article 135, companies holing a Mine Enterprise Permit can only commence activities if they have obtained agreement from the holders of customary rights on that land).

7. The customary and human rights of the Sorontou- Okoseray- Kiswaitou
ethnic group must be respected and valued by all.

A solution to the development of kampung Tablasupa which supports the
social economy and also contributes to local business could include:
-building beach tourism and hotels
-developing fishing
-selling fresh water.

Such development would involve all the people of Tablsupa either as workers or taking roles in a management structure and could take the form of an enterprise or foundation that was formed by the people of kampung Tablasupa.

This is the message that the Sorontou- Okoseray- Kiswaitou ethnic group wishes to be known by the general public.

Tablasupa, 07 February 2012 .

Sources: http://www.aldepe.com/2012/02/polisi-menahan-3-tiga-warga-sehubungan.html ; http://www.aldepe.com/2012/03/saul-sorontouw-sakit-di-tahanan-polres.html ; and other articles on http://www.aldepe.com
statement: http://groups.yahoo.com/group/Komunitas_Papua/message/2952

Pulling together: Solidarity Work and western aid to the Indonesian police and military

Paper by Maire Leadbeater given at the Dynamics of Civil Engagement Conference 27 February, 2012 Southern Cross University, Queensland.
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“Dynamics of Civil Engagement Conference: Southern Cross University” Southern Cross Univeristy: 27 February, 2012
Pulling together: Solidarity Work and western aid to the Indonesian police and military.
Not long ago video of a talk given by  American investigative journalist, Alan Nairn had me transfixed in front of my computer screen.  Alan was one of the journalists who was present at the time of the Santa Cruz massacre in Dili, East Timor in 1991. The Indonesian military beat Alan severely on that day, which seems to have left him with an undying commitment to expose the crimes of the Indonesian Special Services (Kopassus) and to ferret out crucial information about American support for the Indonesian military.
I think it is worthwhile to summarise some of Alan’s analysis about East Timor’s liberation, the fall of Suharto and the power of the United States in world affairs. He sees the Santa Cruz events as pivotal.  First to remind you of what was happening in East Timor just over 20 years ago:   the Timorese resistance was trying to come to terms with a bitter let-down –they had been anticipating a parliamentary delegation from Portugal, and were gearing up to use this chance to tell their story and ask for international support.  But the delegation was cancelled.  Then on 28 October a young student Sebastiao Gomes was killed by armed militia after he sought shelter in the Motael Church.
Two weeks later on 12 November 1991 following  Sebastiao’s memorial mass,  a funeral  procession proceeded to the cemetery.  As their  numbers swelled, the emboldened participants began to unfurl pro-independence banners, and to shout ‘Viva Timor-Leste’.  They knew that what they were doing was incredibly dangerous but they proceeded anyway under the eyes of the military, and because they chose to keep going, Nairn says, history was changed.
When they reached the cemetery the military simply blocked their escape route, raised their rifles and opened live fire on the demonstrators. Soldiers chased down those who tried to escape and shot them in the back. A list of 271 victims was compiled but the full number of the dead is almost certainly higher as many ‘disappeared’.
What made this event different to all the other massacres that took place was that on this occasion the word got out and the world did take notice. New Zealand lost one of its own – a wonderful young man called Kamal Bamadhaj, an Indonesian speaker who was there  to help his fellow activists  as they met with members of the clandestine resistance.
The Santa Cruz massacre and the death of Kamal jolted the New Zealand solidarity movement and it exposed the moral bankruptcy of the New Zealand Government’s East Timor policy – in a nutshell Government sought to appear outraged at the loss of its citizen while at the same time pursuing careful diplomacy aimed at preserving good relations with Indonesia.
In the United States, as  Alan Nairn related ,  the massacre was the catalyst for the formation of the highly effective US  East Timor Action Network (ETAN)  which is still going like a ball of fire today alongside the more recent West Papua Advocacy Team (WPAT).
ETAN set about lobbying the US Congress about US military funding and within a year they had succeeded in bringing to an end the military aid under the International Military Education and Training programme (IMET).  It took a few years longer before the solidarity network was able to expose other defence funding under JCET Joint Combined Exchange and Training, but this training was also suspended in 1998, not long before Suharto’s fall from power.
In 1998 the students led mass demonstrations calling on Suharto to step down. The military did not gun them down. Why was this? Nairn is convinced based on his interviews with such figures as Admiral Sudono, Suharto’s  Security Minister,  that the Indonesian soldiers did not open fire on the students on the streets of Jakarta because they feared ‘another Dili’ . Jakarta had established that the US had a limit on its tolerance for violence. Of course it was forced to learn the lesson again a year later when its military laid siege to East Timor after it had voted for independence.
Obviously the solidarity movement can only claim a small part of the credit for East Timor’s liberation.  The political and economic upheaval in Indonesia, the growing sympathy of democratic-minded Indonesians and of course the steadfastness of the Timorese resistance must all be factored in. But if solidarity activists had not exposed western hypocrisy in training and supplying the Indonesian military with weapons,  there might have been a different outcome.
Interviewed in September 1999 at the height of the crisis in East Timor, Noam Chomsky said: ‘The US government will do something positive- more accurately it will stop doing something horribly negative – with regard to East Timor only  if public pressure makes it essential to do so by raising the social costs of continuing to abet the massacre.”
 Globally there were massive demonstrations, tens of thousands demonstrated across Australia,  human chains encircled the embassies of the UN Security Council members.   In Portugal people wore mourning white, and hundreds of Timorese and Portuguese traveled to Spain to demonstrate at the nearest Indonesian Embassy.  On 9 September traffic stopped in Lisbon, as thousands got out of their cars to stand in the road to observe a nationwide 3 minute silence.
Then President Clinton delivered his eleventh hour  ultimatum to Indonesia: end the violence or invite the international community ‘to help’.
Nairn also pointed out for an American audience,  that in the United States in the twenty-first century demonstrators do not get shot.  The United States uses its guns, drones and troops against  other countries to preserve its interests but at home a civil liberties framework usually  prevails. Demonstrators may face  tear gas or even arrest but they won’t be killed. The deaths happen elsewhere at the business end of the guns supplied by the United States.
In this part of the world I believe we also have power.  If we want to understand how important our region and our governments are to the United States, the official cables released by Wikileaks are very helpful.  We know that the ANZUS Treaty is defunct, and New Zealand will not be reversing its no nuclear warships ban, but that hasn’t really stopped ongoing defence and military cooperation between our three nations.
Instead of ANZUS meetings Australia and the US now hold AUSMIN meetings.  When Kevin Rudd hosted that meeting last year he said it marked the 60th anniversary of the ANZUS Treaty and described the meeting as ‘the premier forum for advancing Australia-US cooperation in the Asia-Pacific region and globally.’.
From  the  Wikileaks cables  you can trace New Zealand’s secretive restoration of defence and intelligence ties  over 2008 and 2009 and also how US officials upped the pressure as they prepared for  an AUSMIN meeting.
So we are definitely part of the same club, even if New Zealand’s actual military and intelligence contribution to the US led may seem small in comparison with Australia.  We are part of the Five Eyes or UKUSA  intelligence community and we  have our own satellite  spy base at Waihopai, an integral part of the global intelligence network feeding intelligence to the US National Security Agency (NSA).
Indonesia has had an important place in US strategic plans since Suharto took power in 1965. From that time Indonesia opened up its economy to western investment. US spokespeople talk about the importance of the constructive partnership with the country which has the world’s largest  Muslim population, holding it up as an example of moderate Islam and a supporter in  combating terrorism and extremism.  Indonesia a leading member of the ASEAN group of pro-western nations, and key to US plans to extend its presence in the Asia-Pacific. Now that the cold war is over ASEAN is no longer a bulwark against communist expansion, but it is still held up a political, economic and security counterbalance to the influence of China
It is of course also true that Indonesia offers New Zealand and Australia  important trade and investment opportunities.  Indonesia ranks as New Zealand’s eighth largest export market, mainly for our meat and dairy products. We have  signed an agreement with Indonesia called  a Trade and Investment Framework and we import products such as crude oil and timber from Indonesia  The balance of trade is in our favour.  New Zealand’s Super Fund and some other Crown Financial Institutes invest in Freeport McMoran and in Rio Tinto, Freeport’s joint venture partner.
It isn’t easy to persuade our Governments to put at risk these kinds of perceived or real advantages, but as Alan Nairn pointed out it can be done.  The fact that we are closely allied with the United States imposes constraints on our Governments, but they don’t always dance to America’s tune. The most obvious and important New Zealand example being our 1985 refusal to accept port visits from nuclear capable warships.
If  Australia or New Zealand did take a stand – whether supporting a referendum,  a mediated dialogue process or  suspending their defence ties,  it would have a significant impact.
When I read letters from the New Zealand or Australian Foreign Minister it is clear that they are following a similar script.  These are the phrases that appear in the letters received by our respective solidarity groups:
 ‘The Australian Government has long supported Indonesia’s territorial integrity, including its sovereignty over the Papua provinces.’  ‘The New Zealand Government is committed to the peaceful development of Papua as part of Indonesia, where the human rights of all citizens are respected and upheld.’ And there is usually a reference to support for ‘the full implementation of the 2001 Special Autonomy Law’.
New Zealand ‘upholds human rights’ by ‘quiet diplomacy’ and ‘constructive engagement’ through aid.  In bilateral meetings behind closed doors New Zealand Ministers raise human rights concerns with their Indonesian counterparts. These exchanges can be pointed, but frequently they are amount to little more than ritual expressions that require minimal response from the Indonesian side.  At its worst this ‘quiet diplomacy’ is a blatant exercise in collusion
This hasn’t gone unnoticed in West Papua.
 Forkorus Yaboisembut, was appointed President of the ‘Republic of West Papua’ at the October 19 Congress and now he and four colleagues are on trial for makar or treason.  He is scathing of this  refusal of the countries like Australia and New Zealand to confront the issue of self-determination, suggesting that a focus on human rights alone is  to define the Papuan people as ‘merely the colonial possession of a foreign power’.
The Indonesian authorities impose tight restrictions on media visits to West Papua, but a new kind of citizen journalism is now asserting itself.and the  real state of affairs is becoming better known. ‘You tube’ videos circulate after atrocities to tell the story as no words can.  Shocking videos circulated after  the events on October 19 when the Jayapura Congress was forcibly dispersed by the security forces. A visiting West Papuan leader showed footage to some of our parliamentarians recently – I thought they would be appalled by the sight of heavily armed police opening fire from aloft their armoured vehicles, but they were also shaken at the sight of civilians being rounded up and forced into crouching postures as they were herded into the middle of the soccer field.
  Those events were closely followed by an 8000 strong strike at the Freeport McMoran mine, during which two of the striking workers were killed by the security forces.  The news of the strike spread round the world through union and occupy movement circles.  In New Zealand a popular glossy magazine, Metro, devoted a long features article to the story of the mine, the strike and New Zealand’s investment in it.   In August last year  Australian academics and media exposed leaked Kopassus documents  detailing  the network of spies and informers that support Indonesia’s iron control.
Gradually Indonesia’s  giant agribusiness proposal for the Merauke district is also becoming known.  The Indonesian President has grand ambitions for the up to 1.6 million hectares project which he hopes will feed Indonesia, and then feed the world. The proposed crops such as corn sugar, rice and palm oil will destroy the fragile ecology, displace the local people and bring vast numbers of new migrant. Indigenous West Papuans are already believed to be a minority in their own land, so it is hardly surprising if a sense of now or never desperation is driving this latest wave of activism.
Are we managing to lever any change?
It is hard to believe that the officials in the Foreign Affairs and Defence Ministries of Australia and New Zealand have not given some thought to the possibility that a West Papua is at boiling point and that their  uncritical support for Indonesia may blow up in their faces.  After all they were caught wrong-footed by the firestorm in East Timor in 1999.
I have witnessed a few tiny cracks in the last year:
When the Pacific Island Forum  met in Auckland New Zealand activists were joined by West Papuan leaders and supportive MPs from the Mana and Green Parties. We ensured that the West Papua issue was under the noses of the Forum Heads of Government. The  UN Secretary-General Ban Ki Moon was a guest at the Forum and addressed a public meeting during his time in Auckland. Subsequently a journalist questioned him about our very visible West Papua lobby.  He came dangerously close to talking about self-determination:  ‘whether you are an independent state or a non-self-governing territory or whatever, the human rights is inalienable and a fundamental principle of the United Nations’.  He subsequently clarified that he did not state that West Papua should be placed on the agenda of the Decolonisation Committee,  any such call would not be his to make as that was a matter for  Member States.
The New Zealand Foreign Minister,  Murray McCully is being forced to confront the West Papua issue more often.   In August 2010 a very graphic video depiction of the torture of two Papuan farmers was circulating just as Mr McCully was scheduled to meet in Jakarta with his counterpart Marty Natalegawa, so questions were asked. At the time of the Forum, Mr McCully did not make time to meet West Papuan representatives personally but he did instruct his officials to meet with John Ondawame and Rex Rumakiek, and I understand a similar meeting with West Papuan representatives also took place in New York.
I am hoping that this might be an echo of the small shift to acceptance of dialogue or constructive communication on the part of the Indonesian President, Susilo Bambang Yudhoyono.  The President’s meetings with outspoken Church leaders in recent months seems a potentially  hopeful sign, and will have been noted by western governments.
Over the past twelve years that IHRC has been working on West Papua we have tried hard to find the points of leverage that might prompt our Government take effective West Papua action.  Obviously we have not made any amazing breakthroughs, and disappointingly there have steps backward such as the Government’s restoration of military training ties in early 2007.  But I think there is some evidence at the very least that officials and politicians are worried., and perhaps we can again draw some lessons from  our history of activism on East Timor.
When I probed back through declassified government documents relating to East Timor I found that the officials had been weighing up what we activists were doing and saying.  I was surprised to find that we had had more influence than we knew at the time.
To give one example, in March 1995 a military training visit of five Indonesian officers was postponed as the NZ Defence Attache explained:
‘The reason for the postponement is due to increasing interest among the New Zealand public over recent matters in East Timor.  In addition to general public interest in all regional and international affairs there is in New Zealand a small but sophisticated and well co-ordinated lobby, sympathetic to the claims of East Timorese exiles, who seek any opportunity to generate anti-Indonesian feeling.  It was therefore thought unwise to risk exposing the visitors to the possibility of becoming the focus of media campaigns, demonstrations, petitions etc. at this time.’
Deputy Secretary of Foreign Affairs Neil Walter held a damage control meeting with the Indonesian Ambassador and wrote:
On military contacts/exchanges/exercises, I said this was a matter on which both sides needed to work closely together…It wouldn’t do the relationship any good to present the anti-Indonesian school of thought with large tailor-made pegs on which to hang further protests. Careful management was needed.
So I want to focus finally on New Zealand’s direct relationship with the Indonesian security forces.:  the training support we offer to the Indonesian military and a Pilot  training programme to the police in West Papua.
New Zealand’s  military training for Indonesia largely consists of bilateral officer exchanges:  each year an Indonesian officer attends the NZDF Command and Staff College to participate in the Senior Staff Course while New Zealand Defence Force officers  attend courses in Indonesia.   Recently there has been mention of  New Zealand increasing its  defence ties with Indonesia by extending  the training currently offered to Indonesian officers and hosting higher level visits of Indonesian personnel. Our Government defends this programme on the grounds that engagement with the Indonesian military will promote positive reform, but there is no evidence to support this claim.  On the other hand the record shows that New Zealand officials and  the New Zealand Minister of Defence at the time (Phil Goff) took the initiative to get the defence relationship resumed, because they considered that this would be in New Zealand’s interests.
A New Zealand Defence Attache commented before defence ties were reestablished: ‘at the moment the New Zealand Indonesia  relationship resembled a ‘three-legged stool’  with one leg (ie the defence aspect) missing.  In spite of the many reforms that had taken place in recent years, the TNI was still a major force in Indonesian life; without engagement with TNI we could not hope to build a full relationship.’
As far as I know the New Zealand’s  police training does not involve improving the lethal  or the punitive skills of the officers involved.  In fact the community policing model is all about conflict avoidance and working with communities, a positive model of police work.   The problem with this training is that we are talking about engaging with the forces of repression. While I believe many of those involved in providing the training sincerely hope their efforts will benefit the West Papuan people and Indonesian civilians, there is limited objective evidence to support this outcome. The risk is always that the New Zealand aid will be co-opted to support  Indonesia’s anti-self-determination agenda.  After studying the documentation, including reports released under the Official Information Act I believe that this is happening..
The West Papua project: ‘Community Policing: Conflict Resolution in Papua and West Papua provinces’ had ambitious aims: ‘ The project’s purpose was described as enhancing adherence to human rights standards by the INP in the two Papua provinces. ‘ The primary objective  of the Project was to contribute to changing the military mind-set of the INP.  Anticipated outcomes of the Project were described as ( i) improving human rights (ii) improving security; and (iii) reducing poverty.’
The project began following a request from the Police Area  Commander General Tommy Yacobus,  in Jayapura in 2006,  . Early in 2007 thirty two West Papuan police (only 10 of them indigenous Papuans) attended a workshop in Jayapura at which participants were told how New Zealand police try to build community relations and anticipate and prevent conflict.
The Ministry memos reveal  that Jayapura Police Chief had instructions from the National Police Chief to ‘get back the confidence of the community’  following the March 2006 riots.   The Police Chief, told the Second Secretary that he wanted to increase the percentage of indigenous Papuans within POLDA Papua which was currently at 4%.,
In late 2010, New Zealand Embassy officials were advised (the name of the Indonesian official they met has been blacked out) that some 1500 Papuan police were recruited in  2009.   This would help, the New Zealanders were told, ‘in increasing the effectiveness of policing because of the importance of good information and an understanding of adapt (customary) law and traditions.  Police also had a network of informants in every village which allowed for reports of trouble to flow through to Wamena, despite the isolation of many communities, poor roads and absence of communications infrastructure in many areas.’
It is not surprising that West Papuans don’t always welcome the recruitment of indigenous police officers.  I am told that the Police have a rigorous interrogation process for potential recruits which ensures that anyone joining up must deny or hide any connection however remote to those who support independence.
The records show, that  the Community Policing Initiative had an impact on the Wellington-Jakarta relationship.  By September 2008 when New Zealand Embassy representatives visited West Papua they found that Community Policing Initiative had ‘emerged as the centerpiece of New Zealand’s engagement in Papua and West Papua.’
: “In the past Embassy visits to the two provinces have been confined to information gathering.  This time it was very different – we had something concrete to offer. That was reflected in the warm reception accorded to us. The NZAID-funded, NZ Police Community Policing (CP) project is now the centerpiece of New Zealand’s constructive engagement approach with Indonesia on the Papua issue.  It demonstrates New Zealand is serious in its desire to make a real difference on the ground in the two provinces.”
In fact the Indonesian officials were so pleased with the New Zealanders that an  article about the visit appeared in the Papua Pos  headed Selandia Baru Menentang OPM or New Zealand opposes OPM.   New Zealand officials reassured their hosts  that they did not support separatism, but the write up took things a step further. The diplomats wryly recorded later that the article misrepresented the discussions, and their ‘alleged commendation of TNI’.
In 2010 the New Zealand Police commissioned an independent review of its Community Policing programme.  When I combed through the lengthy report, I had a growing sense of unease.  The first criteria evaluated was ‘strategic relevance’  and the project matched up well, since ‘it is supporting the decentralization efforts  of central government through autonomy laws (Otsus).’
‘The Project has strengthened the relationship between the Indonesian and New Zealand police:  NZ Police is the only foreign agency that has been permitted to deliver CP training in Papua and West Papua provinces, and NZ Police is the only foreign agency permitted to use serving NZ Police Officers for Project activities in these provinces.’   But who benefits from this close relationship?
The evaluation team  struggled with assessing the effectiveness of the project, partly for reasons to do with the lack of before and after data.  But they cite a few ‘solid examples’:
“an INP officer said he had employed the skills and approach taught by NZ Police during the training to resolve political unrest in his area, where Papuan nationalists were planning to raise the morning star (the applicable sentence for doing so is 25 years imprisonment).  The fact that the training provided a practical tool to assist the INP officer to successfully resolve this issue is a highly effective result for the Project.’
There is nothing to suggest that the NZ Police discussed the right to free expression,  let alone any suggestion that they even considered that ‘nationalists’ might have a legitimate claim to genuine self-determination.
The report also looked at risk management and addressed the possibility of personal security risk for the NZ trainers ‘given political stirrings on the ground in Indonesian Papua’ and the ‘risk that NGOs might criticise the Project if training were followed by  INP-perpetrated human rights abuses.’    The report says that these risks did not materialise.
This is a bit disappointing since the Indonesia  Human Rights Committee has been raising concerns about the police training project since 2008.  Our statements have become stronger as we have learnt more about the project.  We tie our criticism to human rights reports and other evidence of ongoing police brutality in West Papua, but we concede that we don’t have any evidence that an officer who has participated in New Zealand training has been implicated in a documented instance of abuse.
 More recently, Green MP Catherine Delahunty has also voiced her concerns: ‘the road to hell can be paved with good intentions. These policemen appeared to have no context for operating in West Päpua, their focus was on crimes like robbery and alcohol and they made no comment on the lack of democratic freedoms or the need for the West Papuan police to stop colluding with the military in the human rights abuses’
When I visited West Papua in late 2010 I made a point of talking about the police programme,  and especially among younger activists, the response to the training was decidedly negative.   New Zealand Embassy representatives were in West Papua around the same time, and they also met with civil society representatives,  as well as the Governor of Papua, politicians and  UN officials. They highlighted the ‘community policing project as a flagship in the province.’  It seems the diplomats did hear some negative feedback about the actions of the police in West Papua and New Zealand engagement, but they rated the overall response to the project as positive.
 At the moment, despite the earlier hype, and talk of a second phase,  the Community Policing Project has been on pause for two years. From my point of view this is good news. I am just hoping it is because of concerns about violence in West Papua and not because the New Zealand aid budget is being pared down.
I should emphasise that I support  New Zealand  expenditure on humanitarian aid in West Papua, in fact one of my objections to the military and police training is that it probably edges out constructive programmes.  New Zealand offers post-graduate scholarships to up to 50 Indonesian applicants each year.  The scheme prioritises students from Eastern Indonesia including West Papua.  But a response to a parliamentary question reveals that only  two indigenous Papuans were granted post-graduate scholarships in the 2007-2010 period.
I want to emulate Alan Nairn by finishing on a positive note. I believe he is right, solidarity actions can be effective even if we don’t know in advance which actions will be effective.  There is a strong case for solidarity work focused on ending military ties and I believe we should widen that to include the police training programmes.
At the elite level Australia, New Zealand, the United States, Britain  and Indonesia  are tied together in a range of intelligence and defence networks.  I believe we could all increase our efficiency and our effectiveness if we did more to work on joint campaigns, and if we shared more research information with each other
Over the years many Papuan leaders have raised the possibility that New Zealand could help to facilitate a peace dialogue for West Papua – drawing on the successful process mediated by New Zealand which helped to resolve the crisis in Bougainville.   We weren’t really a neutral party with respect to that conflict either,  but we were able to be effective and that also gives me some hope.
Leadbeater, M. (2006). Negligent neighbour : New Zealand’s complicity in the invasion and occupation of Timor-Leste. Nelson, N.Z., Craig Potton Publishing.

Stop criminalising lawyers and human rights activists in makar cases

JUBI, 5 March 2012
Chairman of the Garda KPP P Bovit Bofra (Jubi / Arjuna)

 

Bearing in mind the continual terrorising of defence lawyers during the makar (treason) trial  [now under way in Jayapura] and  of human rights activists as well as journalists covering the trial, the central executive of GARDA-P , the Movement for People’s Democracy has called upon the security forces to put an end to all of their attempts to silence these people.

In a press release issued by GARDA-P on 5 March, it called for an end to the criminalisation of the lawyers defending Forkorus Yabisembut and his four co-defendants. They also urged the Indonesian government to  dismiss the head of the Public Prosecutors Office, Julius D Teuf, SH and replace him because he has been deliberately attempting to criminalise the defence team of Forkorus and his co-defendants.

‘We also call on the prosecutors to stop their questioning during which they have made offensive and insulting remarks  about the defendants and also about the Papuan people during the trial.We call for the unconditional release of the defendants and for an end to all the violence and  prohibitions  against journalists wanting to report the trial hearings because the trial is being held in public.’

GARDA-P said that during makar trials in Papua, the defence lawyers  are always being subjected to threats and terror by the security forces because they are defending persons who are being charged with makar.

Not only the lawyers but also the judges  are threatened and subjected  to interruptions, to ensure that the hearings comply with the interests of the state. Not only that, but also the bags of the defence lawyers are searched  before they enter the court.for the trial of Forkorus and his co-defendants.

GARDA-P  also said that the police on duty frequently carry weapons outside the courthouse in order to terrorise the defendants and their lawyers. and seek to threaten journalists who are reporting the trial which is open to the public.

GARDA-P regards these actions as being attempts to influence the court proceedings  in order to ensure that the police and the prosecutors make heavier demands for those facing  makar charges.

‘During the hearing on 24 February, while witnesses were being questioned, the prosecutor was constantly interrupting the questioning which greatly angered the defence lawyer, Gustaf Kawar, with the prosecutor now seeking to exclude Gustaf Kawar from the defence team. Such actions are an attempt to cause division (among the lawyers) and to make things more difficult for the defendants.’

Amnesty Calls for Release of Forkorus and colleagues

Bintang Papua, 8 March 2012Jayapura: Amnesty International has called on the Indonesian Government to release Forkorus and his colleagues. This follows the demand made in court by the prosecutor for the five men to be sentenced to five years.

‘On 5 March, the prosecutor demanded that Forkrus Yaboisembut, Selfius Bobii, Dominikus Sorabut, Edison Waromi and Agust Sananay Kraar be sentenced to five years imprisonment. Amnesty believes that the men were arrested and have been detained simply for exercising their human rights peacefully, in particular their rights to freedom of expression and freedom of assembly,’ said Josep Roy Benedict, member of Amnesty’s team which campaigns for Indonesia and Timor Leste.

Amnesty declared that the five men are ‘prisoners of conscience’ and called for their immediate and unconditional release.

‘Amnesty is also concerned about the lack of progress being made by the Indonesian Government in response to the meeting of Indonesia’s National Commission for Human Rights which stated that abuses of human rights  had been committed by the Indonesian security forces at the time of the Third Papuan Congress on 19 October 2011, whcih resulted in the deaths of three persons and the maltreatment of dozens of participants,’ he said. The five men should be tried in a court that conforms with international standards of justice. In a number of recent internal disciplinary sessions, government officials have only been subjected to administrative sanctions.

He went on to say that the government must repeal or revise all laws that are being used to criminalise freedom of expression, in particular Article 106 of the Criminal Code.

Meanwhile, according to the Prosecutor, his demand for a five-year sentence for Forkorus and the other four is appropriate. He was responding to the views that have been expressed in some circles pointing out that in previous makar cases, the sentences have been higher that five years, even as high as twenty years or life imprisonment.

The Prosecutor Julius D Teuf said  that anyone who has followed the court hearings  will understand that the five defendants were guilty of making certain attempts. ‘Their intention was to establish a new state but they were not successful  because of the actions by the security forces and this is why we think that our demand for the five men is adequate.’

The next hearing of the trial of Forkorus and his colleagues is due to take place on Friday, 9 March.

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