Recovering the State of West Papua, Sentenced to Three Years in Jail

Recovering the State of West Papua, Sentenced to Three Years in Jail

by John Pakage for West Papua Media

Op-Ed

Forkorus Yoboisembut, Edison Gladius Waromi, Agustinus M. Sananay Kraar,
Selpius Bobii and Dominikus Sorabut were sentenced to three years in prison, Friday (16/3). They were charged with founding the independent state of West Papua.

However according to the accused, the Third Papuan Congress simply affirmed the Papuan independence that was in place before Indonesia entered Papua.

“The Congress merely renewed the independence of Papua that was previously in place before Indonesia came to Papua” stated Forkorus to Cermin Papua in Jayapura (16/3).

Therefore, according to Forkorus, it is Indonesia that should be accused of subversion, given how it used military force to enter Papua.

The public knows that the Third Congress took place with official Indonesian government permit, from both Jakarta and regional police, authorizing the holding of the Congress in Jayapura.

Even though this official permit was granted, Indonesian police and military still attacked and captured Congress participants that were present at the time, without first issuing any warrant as required by the law.

Before the conviction and sentencing, the Papuan Customary Council (Dewan Adat Papua) asked the government to liberate the five accused in accordance with the UN’s Human Rights regulation of 2007 which affirms the right to self-determination of indigenous nations, including the West Papuan nation.

Representing the accused, attorney Gustaf Kawer stated that since the Third Congress until today, Papua has yet to exit Indonesia, such that the Congress must be considered as an expression of the democratic right to free speech.

“Until now Papua is still part of the Unitary Republic of Indonesia; therefore though the accused are convicted of subversion, these accusations are unfounded” said Kawer.

Reacting to the three year prison sentencing, the accused rejected the decision and stated their intention to continue to seek justice.

CP/ John Pakage

When there is no guarantee of security of life for the people of Papua

by John Pakage for West Papua Media

Opinion

March 1, 2012

(Edited and abridged in translation by West Papua Media)

Tuesday morning, 21st February, Courtroom 1A in Jayapura was peaceful but tense. Many soldiers were to be seen guarding the streets for a session of the trial of Forkorus Yoboisembut, Edison Gladius Waromi, Agustinus M. Sananay Kraar, Selpius Bobii and Dominikus Sorabut.  They were arrested after the session of the Congress of the People of Papua in Zakeus Pakage Square, Abepura,Jayapura, on the 19th of October 2011.

At the fifth meeting in this case, some witnesses, who were all members of the police, said they had not been direct witnesses and did not know about the public nature of the meeting of the Papua Congress. Seven witnesses out of the eight who were called by the court had attended. These witnesses had only heard from a distance the voice of Forkorus reading the resulting resolution of the Congress.

Forkorus Yoboisembut, Edison Gladius Waromi, Agustinus M. Sananay Kraar, Selpius Bobii and Dominikus Sorabut are all charged with treason, because they had declared the independence of the State of West Papua.

Concerning this case, the legal representative of the accused, Olga Hamadi, told John Pakage from Cermin Papua on Thursday 1st March that the witnesses who are making things difficult for the accused, were not actually at the location of the Congress and their evidence is refuted by those who were.

“Seven witnesses who are all members of the Police gave statements as witnesses; however, we reject them because they did not directly see the meeting. They only heard Pak Forkorus reading a declaration of the result of the Congress via the PA system,”  said Olga.

Hamadi explained that “We saw that the declaration of the results of the Congress which were read by Forkorus were a summary of statements of all the members of the Congress, which were (in turn) a direct statement of the aspirations of the people of Papua.”

Because of this, the accused did not take any action towards secession via this Congress. Thirdly, this Congress is only restoring the country to what it was before the Indonesians annexed it in 1961.

Many of the world’s human rights organisations have already sent letters to the President of the Republic of Indonesia to release Forkorus, Edison Gladius Waromi, Agustinus M. Sananay Kraar, Selpius Bobii and Dominikus Sorabut, because they only gave voice to the problems hindering democracy in Papua, and the human rights violations which would not be tolerated as legal by the government of Indonesia.

The civil human rights organisation based in New York,USA, Human Rights Watch (HRW), says that the establishment of the Congress of the People of Papua is a normal part of the human rights that belong to the people of Papua. They are calling on the government of Indonesiato withdraw the charges against the accused and free the five members of the Congress of the People of Papua immediately.

“The government of Indonesia has to live up to its commitment to peaceful resolution (of the Papua issue) by cancelling these charges against the five activists,”  said the Deputy of HRW for Asia, Elaine Pearson, in a statement cited by AFP on Monday 29th January, 2012.

A similar appeal came from a member of the Congress of the United States, Eni Faleomavaega. Eni said that the TNI and Police were the initiators of the unrest in Papua, especially by the scattering and arrest of members of the Third Congress of the People of Papua (KRP).

Compare this with the stated commitment of the government of Susilo Bambang Yuhdoyono, that it will deal with the problems in West Papua in a “peaceful way, with justice, and with dignity”.

While this legal case is ongoing, international support is growing in strength for the aspirations of Papua to be given the opportunity to express themselves. This support is seen by the government of Indonesia as foreign intervention in the internal affairs of Indonesia’s province of Papua.

It is no secret that the international public already knows of the meeting of the International Group of Parliamentarians for West Papua (IPWP) in Australia on February 29. This support for Papua is gathering in Australia from many of the nations of the Pacific.

On 22 September 2010, a member of the American Congress, Eni Faleomavaega, became familiar with the problems in Papua, and heard (In a special session of the  U.S. House Committee on Foreign Affairs) about the human rights violations which are perpetrated in Papua by the Indonesian government.

Several experts testified at the Committee Hearings and examined a selection of the problems of democracy in Papua, and the violations of human rights.  These included Pieter Drooglever (Institute of Netherlands History), Henkie Rumbewas (a Papuan independence activist), and Sophie Richardson, PhD (Human Rights Watch).

This international opposition has made the government of Indonesia very cautious about the growing support for Papua from many nations outside Papua. Indonesia is afraid that there is a chance that the forces of the US in Darwin, Australia, which will number around 2500 US Marines, will be used to intervene to help liberate Papua.

The head of  Committee 1 of the DPR, Ahmad Muzani, said that the superpower has a close relationship with the personnel in Darwin. He says that the US forces are tied up with the problems in Papua because they have hidden interests in the territory.

To be sure, as technology develops in the world there are fewer incidents  happening in the jungles of Papua that remain unknown.  Since 1969, when the Indonesian government first banned foreign journalists from covering news on the ground in Papua, there have been many cases of foreign journalists being deported back to their home countries from Papua. It’s not clear why Indonesia is so afraid of what’s happening in Papua.

International attention on Papua is also increasing because Papua is a great source of natural resources. Many countries and companies would like to invest in Papua, like Freeport McMoran, an American company which provides huge amounts of  foreign exchange to Indonesia. Freeport enables the Indonesian government to operate in the way it does. This fact would be made very clear if Freeport was forced to close and withdraw all its investment (as some Indonesian and most Papuan figures are calling for). That truly would be a great disaster for -Indonesia – in fact, Indonesia could be broken up by such an outcome.

However, for the last few months Freeport has only just been able to continue operations. The business has reported that its profits are only US6.4 billion, or about Rp57.6 trillion  for the last year, a fall of US1.5 billion from the year before.

“This result is not good, because it shows a fall-off in our operations, at the Grasberg mine in Indonesia,” said the CEO of Freeport, Richard Adkerson, as reported on the BBC on Saturday 21 January this year.

It can be seen that for some months now there has been a loss of business, which is growing all the time, because the management of Freeport has stopped operations of the automated extraction of gold.  The mining of copper at Grasberg has also been reduced.

(These stoppages were initially caused by Freeports’s wholesale rejection of its workers demands for work safety guarantees and living wage increases, from US$1.50 per hour to US$14 per hour.  Freeport workers conducted a five month long strike forcing Freeport to declare force majeure on its supplies and projections. West Papua Media)

These stoppages have affected the share price of PT Freeport Indonesia on the Indonesian stock market (BEI), and also the share price of (parent company) Freeport-McMoran in America. So of course there is a loss by America which is growing. There will also be further significant losses if there is a general economic slowdown, both in Indonesia and in other countries.

At the present time,Freeporthas not been operating since Thursday March 1, and Freeport has stopped operations for the next six months. (It is amidst) these circumstances that America is still donating fighting planes such as the F16 and Hercules to the Indonesian military.

The US Defence Minister, Leon Panetta, has been trying to set up a bilateral meeting with Indonesian Defence Minister Purnomo Yusgiantoro to establish a summit of the Defence ministers ofSouth East AsiainBalifor some time now. The US Defence Secretary also had a meeting with President Yudhoyono at the Ayodya Hotel in Bali.

However, the promised US delivery of 24 F-16 fighter planes and Apache helicopters has not as yet been finalised. Further action is needed in this process, as the planes have not yet arrived in Indonesia. Military observer Rizal Darmaputera views the stepping up of defence cooperation between the US and Indonesia as “one means of implementing America’s geopolitical strategy on the Asia-Pacific rim to balance the growing strength of China.”

The (geo)strategic position of Indonesia is a necessary link in the alliance of the US with various Asia-Pacific countries which tie in with its close connection with Japan and Australia.

So America gives this donation of war planes to Indonesia, knowing that they will be used to ensure that the Papua problem be handled internally by Indonesia to maintain the “unity of the Republic of Indonesia”.

Therefore the promise (by SYB) of basic human rights for Papua demanded by Forkorus and friends will not keep them out of jail as now. Jakarta must evaluate its treatment of the people of Papua as part of the human race, and who deserve rights and respect just as other people in the world deserve; and not to treat them (in the manner) as did AKP Rido Purba, an Indonesian Police officer in Papua who spat in the faces of Forkorus and friends at the time of their arrest.

Up to this time we have yet to see justice and the admission of basic human rights to Papuans; so (the next hearing of treason trial on) March 2 will be a very important stage in the case against Forkorus and friends by the Indonesian justice system in Jayapura.

At this point, “the trial of Forkorus and company will resume,” said  Olga Hamadi, Director of Kontras.

# John Pakage is an independent journalist based in West Papua and a regular contributor to WPM.

LP3BH: Military Intelligence Operations are still underway in Papua

Statement by Yan Christian Warinussy, Executive-Director of LP3BH,  Papua[Translated by TAPOL]

The appointment and deployment of Major-General Mohammad Erwin Syafitri (former deputy chief of BAIS, Indonesia’s joint strategic intelligence  agency) as commander of KODAM XVII Cenderawasih Papua is clear proof that the Land of Papua is still an area of operations of Indonesian military intelligence.

As a result, the top leadership of the military territorial command in this region has been placed under the command of a leader who has a background in intelligence or at the very least a history of involvement in Indonesia’s intelligence agency.

This is important in order to protect the collaboration between military activities or security and intelligence which acts as the front line for gathering information and deploying security forces in the area.

It is important to point out that in the opinion of human rights activists in Papua, the Land of Papua is still isolated from the international community, bearing in mind that access to the area has been made difficult for several humanitarian and human rights institutions such as the International Committee of the Red Cross and Peace Brigades International, as a result of which they have closed their offices in Papua and left Indonesia in November last year.

The same goes too with regard to the presence of international observers as well as foreign journalists. And for the past five years, it has been difficult for foreign diplomats based in Jakarta to gain access to Papua. This situation  has come about because of the powerful influence of the Indonesian army – TNI – and the Indonesian police, so as to make it more difficult for international observation of developments with regard to the rule of law and basic human rights in the Land of Papua.

As a human rights defender in the Land of Papua, I see a close connection with  the upsurge in demands being made by the Papuan people  to the Indonesian government to find a solution to a number of problems by means of a Papua-Indonesia dialogue, as an important theme which is continually being confronted by certain elements, such as the TNI and the Indonesian police, both of whom have their own vested interests in the Land of Papua.

Bearing in mind that President Susilo Bambang Yudhoyono stated on 9 November 2011 that he is ready to enter into dialogue with all forces in the Land of Papua, I have not yet seen  any response to this from TNI or from the Indonesian police, to indicate whether they agree with this or indeed whether they support the wishes of the President.

Although in this connection, the military commander and the chief of police of Papua said in their presentations to the Papuan Peace Conference on 5-7 July 2011 that they too support dialogue as the way to solve the conflict in the Land of Papua.

I believe that the Indonesian army and police must clearly reveal their attitude towards the question of dialogue.which is what the vast majority of Papuans support, along with their non-Papuan brothers here in Papua. Even the central government in Jakarta is supporting this, which is clear from the fact that President SBY  has appointed Deputy President Boediono to take the lead in efforts to prepare the way for this Papua-Indonesia dialogue.

The idea of dialogue has moreover won positive support from a number of countries around the world, including the USA, Australia, Germany, the UK and the European Union, all of whom are close allies of Indonesia and support the territorial integrity  of the Republic of Indonesia.

6 February 2012

3 Papuan prisoners in need of medical treatment for stroke

Papuan prisoners in Biak Jail
Papuan prisoners in their cell in Biak prison: Numbungga Telengen (black clothes), Jefrai Murib (sleeping) and Apot Lokobal (wearing glasses). Jafrai Murib is thought to have suffered a stroke on 19 December 2011 which has caused paralysis. He can no longer stand.

 

I am often in and out of prisons to deal with political prisoners, so I know many detainees and their families and lawyers. Last week, I received a message from somebody representing three Papuan prisoners in Biak prison. He said that prisoner Jefrai Murib is thought to have suffered a stroke on the morning of 19 December 2011. He’s paralysed. He can’t walk. When he walks he does so with the aid of his friends. The left side of his body, his left leg and his left arm have lost all sensation.

Jefrai Murib

Murib has had a check-up in Biak General Hospital, where the doctor referred him to Jayapura hospital.  Biak hospital is not as well equipped as Jayapura hospital. Murib is in a cell together with Numbungga Telengen and  Apotnagolik Enos Lokobal.  They were arrested in April 2003 following a raid on a Wamena weapons store. Murib and Telenggen got a life sentence, Lokobal was sentenced to 20 years in jail.

Lokobal also suffers from the same symptoms; the right side of his body has lost all sensation. He has also been seen twice at Biak hospital, on 12 November and 23 November. Lokobal is also suspected of having suffered a stroke. Unlike Jafrai Murib, by last week Apot Lokobal was able to walk again, although his steps are weak and faltering, and he has to be carried when taken to hospital. Lokobal needs more specialised medication. The Indonesian state is responsible for providing healthcare to prisoners. I hope that the health condition of these two prisoners will be taken seriously by the Penitentiary Director General.

In accordance with the doctor’s recommendations, Jefrai Murib should be moved to Abepura jail in Jayapura, and needs to receive medical attention at the Dok Dua Hospital in Jayapura.

Time to change Australia’s involvement in West Papua offensive

PRESS RELEASE: ACT FOR PEACE

Act For Peace
http://www.actforpeace.org.au/Be_Informed/Latest_News/Time_to_change_Australia_s_involvement_in_West_Papua_offens.aspx?cat=West%20Papua

23/12/2011 11:03:39 AM

Reports are emerging this week that the helicopters from which 17 West Papuans were recently shot are those of an Australian-owned mining company, Paniai Gold. Further, this ongoing Indonesian offensive involves counter-terrorism unit Detachment 88, which has been trained by Australia.

This Indonesian joint military-police offensive reportedly also burned down the villages of Toko, Badawo, Dogouto, Obayoweta, Dey, and Wamanik, with 20,000 people now displaced. Images reported in Australian and international media show more troops being deployed to West Papua.

Act for Peace is calling on the Australian Government to urgently request that the Indonesian authorities cease any attacks impacting civilians, and that Indonesia and Paniai Gold account for their alleged actions relating to the civilian deaths and forced displacement.

Media is strictly controlled in the region, making the need to pursue a full account more important. The large-scale offensive is in retaliation to the killing of two Indonesian police by Papuan guerrillas in Paniai.

Prior to this operation, in October six unarmed protesters were reportedly killed and many more injured at the Third Papuan People’s Congress.

Act for Peace, the international aid agency of the National Council of Churches in Australia, is also concerned at the targeting of church leaders and communities and the occupation of church buildings, in particular the Kingmi Theological College in Paniai, harassment of Kingmi Church of Papua Moderator the Rev. Benny Giay, and the attack on staff, students and destruction of property at the Catholic Church’s Fajar Timur Theological College in Abepura by the Indonesian police and military on October 19.

We also call on the international community to ensure the Indonesian authorities allow church and Congress leaders in West Papua freedom of expression of their views and rights without fear of persecution.

Act for Peace has supported programs in West Papua including training young community leaders, raising awareness of and helping to prevent the spread of HIV/AIDS and growing small businesses to help strengthen the West Papuan economy.

West Papua is the western half of the island of New Guinea, with an indigenous Melanesian population. December 1, 2011 marks the 50th anniversary of the declaration of West Papuan independence from Holland. It was forcibly taken over by Indonesia a year later.

Reports show more than 100,000 Papuans are estimated to have died from military operations since Indonesia took control. State-sponsored migration from other parts of Indonesia has now left the indigenous Melanesians a minority in West Papua.

It is time Australia, as a good international citizen concerned about the protection of civilians, did more to ensure the safety of our neighbours.

Alistair Gee
Executive Director, Act for Peace

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