Dr Richard Di Natale – Greens Senator for Victoria
June 6, 2013
Australian Greens Senator, Dr Richard Di Natale, has condemned the Australian Foreign Minister’s comments in Senate Estimates where he blamed the escalating tensions in West Papua on the international human rights movement.
“Senator Carr’s comments are a clear acknowledgement that human rights abuses, killings and incarceration of political prisoners in the province of West Papua are escalating but rather than show leadership he has blamed people like me who are campaigning for an end to the violence,” said Senator Di Natale
“To imply that I am in some way responsible for the atrocities inflicted on the West Papuan people and to label my advocacy for the West Papuan people as the ‘Greens latest cause de jour’ and ‘a cruel deceit by self-indulgent people’ is both offensive and patronising.
“It is patronising to the people of West Papua, who are not taking their cues from me but are actively engaged in a local movement for self-determination. It also makes me wonder what Minister Carr thinks about the many Australians who campaigned for an end to violence in East Timor or for Nelson Mandela to be freed from prison.
“Filep Karma is currently serving a 15 year prison sentence simply for flying the West Papuan Morning Star flag but according to Minister Carr, any foreigner who flies a flag as a way of highlighting this injustice is ‘planting in the minds of people who actually live in the place, the notion that this campaign has some sort of international resonance’.
“Uncannily, an old episode of the show Hollowmen aired last night on ABC and it focused on Australia’s response to human rights abuses in West Papua. Surprisingly, even though it is supposed to be a parody demonstrating how best to give the impression of action while doing nothing, the response on the show was stronger than what we’ve actually seen from Labor.
“The time has come for Australia to step up and ensure that the continued Australian funding of the Indonesian defence forces only continues if we see an end to the human rights abuses in the region.”
Footage of Senator Di Natale’s questions to the Foreign Minister and the Department of Foreign Affairs and Trade can be viewed here:
SPP-HAM – Solidarity for Upholding Human Rights – organised an action today in Jayapura Town in order to call upon the State to accept responsibility for the death of three civilians in Aimas, Sorong district and for the arbitrary arrest of three civilians in Sorong, Biak, Mimika and Jayapura.on 30 April and 1 May this year.The action began at 8.30am outside the Cenderawasih University (UNCEN) in Waena and the UNCEN Campus in Abepura as well as outside the Cultural Expo in Waena district of Heram, Jayapura Town.The action was forcibly disbanded by units of the Police (Brimob Dalmas Polresta and Polda Papua) and four people who were taking tpart n the action were arrested..They also tortured a student from UNCEN. The arrests and torture occurred in front of the UNCEN bus station.
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The four people who were arrested and tortured were:
1) Victor Yeimo, 30 years old (Responsible for the action)
2) Marthen Manggaprouw, 30 years old (Responsible for the action)
3.) Yongky Ulimpa 23 years old, a participant in the action.
4) Elly Kobak 17 years old, a participant in the action.
5) Markus Giban, a student at UNCEN, 19 years old who was beaten with a rifle butt which broke his right hand and who is now being treated in the Abepura General Hospital.
The participants were forcibly dispersed for not having permission from the police. On the previous day, 8 May, the committee of SPP-HAM had sent a request to the police stating that the action would be peaceful (00/SP/PAN-SPHAM-UTSN/V/2013) but the request was turned down on the grounds that the Solidarity Movement has no statutes of association (AD/ART) and has been registered at the Kesbangpol Agency of the Province of Papua.
We regard this reason as being groundless because the SPP-HAM is not a permanent organisation but simply a humanitarian solidarity group which was set up by human rights activists in response to the 1 May Tragedy when three civilians were killed, so there was no need to register with the Police (Kesbangpol). Furthermore, the police action was a restriction of people’s rights of assembly and expression which are guaranteed in the 1945 Constitution Article 28, para E sub 3 and sub 8, and which are also regulated in Law 9/1998 on the freedom of expression to state one’s opinion in public, in particular Articles 1 and 2.
The forcible dispersal of the action on that day and the arrest of 4 human rights activists is but a small portrayal of the clamp down on democracy by the repressive and oppressive government. This is not the first time that such a thing has happened; it has become a regular feature of police behaviour. This proves that there is no space for democracy in Papua.
The reality of democracy represents a setback in the fifteen years of reformasi in Indonesia. Reformasi in Indonesia cannot progress if the space for democracy in Papua is closed. Out of respect for basic human rights and the advancement of democracy in Papua and in Indonesia, we members of NAPAS (National Papuan Solidarity) call upon and urge the government:
1: To end the forcible dispersal and arbitrary arrest of human rights activists and students.
2: To release the four civilians who were arrested today.
3. To open up the space for democracy for the Papuan people to grant permission for a special rapporteur from the United Nations to carry out investigations in Papua as well as giving access to national and foreign journalists.
NAPAS also strongly condemns the abysmal commitment of the government and State to the principles of Basic Human Rights , especially to the Papuan people. Papua is today the face of democracy in Indonesia , as well as the face of the Indonesian Government towards the Papuan peope.
STATE VIOLENCE WHICH PARALYSES COMMUNITIES IS INTENSIFYING IN THE LAND OF PAPUA
As leaders of churches in the Land of Papua, we are deeply concerned about the state violence which is occurring in our sacred motherland. This is clear proof of the fact that the government and the security forces have failed to provide protection for the indigenous Papua people. These concerns of ours have already been conveyed by our communities in the following statements:
(a) The eleven recommendations made by the Consultation of the Papuan People’s Council (MRP) and the Indigenous Papuan Communities on 9-10 June 2010;
(b) The Joint Communique of Church Leaders on 10 January 2011;
(c) The Theological Declaration of Church Leaders on 26 January 2011, and
(d) The Prophetic Message by Papuan Church Leaders to the President of Indonesia on 16 December 2011, in Cikeas, Jakarta.
Similar concerns have been expressed by member countries of the United Nations (the USA, the United Kingdom, Switzerland, Canada, Norway, South Korea, Japan, France, Germany, Mexico, New Zealand, Australia Spain and Italy) on the occasion of the 23 May 2012 session of the Human Rights Council (UPR) in Geneva, Switzerland.
Based on the above facts, we believe that the Indonesian Government and the security forces are part of the problem of violence which has been created by the State, preserved by the state and allowed to continue in order to legitimise yet more acts of violence in the Land of Papua and to take advantage thereof in order to strengthen the security forces.
We regard these developments as a reflection of [Generative Politics] which was described in an article by Nugroho published by The Jakarta Post on 10 July, 2012. According to Nugroho, generative politics are political views and considerations which have paralysed and worsened the situation of Papuan communities and which have been pursued in accordance with the policies of the Indonesian Government for the past fifty years.
Herewith is a list of several incidents of violence that have systematically and structurally been perpetrated as a reflection of the generative politics mentioned above:
On 2 March 2013, a priest named Yunus Gobay (male, 55 years old) was tortured and mal-treated and after being released, he paid ransom money to the police forces in the Police Command Post in the town of Enarotali, Paniai.
The shooting incident in Sinak, District of Paniai, Tinginambut, Puncak Jaya on 21 February 2013 and the shooting incident in Udaugi on the border of the District of Delyai on 31 January 2013 when a number of civilians and members of the security forces were killed, which in our opinion happened because of the neglect of the unlawful sale of weapons.
On 15 February 2013, Dago Ronald Gobay (male, 30 years old) was arrested in Depepre, district of Jayapura by the police and while being interrogated was tortured in the office of police intelligence in Jayapura.
The attempt by the government and the security forces to forcibly disband a religious ceremony which was being held on the 4th anniversary of National Committee of West Papua (KNPB) on 19 November, 2012 in the STAKIN ASSEMBLY HALL, Sentani, on which occasion the security forces were under the command of the Police Chief of Jayapura, AKBP Roycke Harry Langgie and the deputy of the District Head (Bupati) of the District of Jayapura, Robert Djoenso D, SH.
The unlawful murder of Mako Musa Tabuni, first chairman of the NKPB on 14 July 2012 in Perumnas, Jayapura.
The murder of TPN/OPM General Kelly Kwalik by police from Densus 88 and a member of the Indonesian army (TNI) on 16 December 2009 in the town of Timika, and on the same day and month in 2012 another Papuan Hubertus Mabel was murdered by police of Densus 88 in Kuruku, the town of Wamena.
Ferdinand Pakage was tortured in Abepura Prison by Herbert Toam, a warder at Abepura Prison, on 22 September 2008, as a result of which he was permanently blinded in the right eye.
The torture and murder of Yawan Wayeni on 13 August 2009 by the police chief in Serui, AKBP Imam Setiawan.
Two incidents of gross violations of human rights in Wasior in 2001 and in Wamena on 4 April 2003, the latter of which is related to the assault on an ammunitions dump; this incident has been investigated by Komnas HAM (National Commission of Human Rights), but the results of which have not been forwarded by the Attorney General to the Human Rights Court for a verdict.
These are just a few of the cases which are evidence of crimes which have been perpetrated by the Indonesian state and the security forces in a systematic, well-structured, widely-based and prolonged way and which are reflective of the generative politics (paralysis, destructive, eliminating) which, according to Nugroho in his Jakarta Post article of 10 July 2012, have been perpetrated by the Unitary State of the Republic of Indonesia in the Land of Papua for the past fifty years, since 1961.
Bearing in mind all the very disturbing facts given above and the living experiences of the indigenous Papuan people, we church leaders in the Land of Papua, make the following recommendations:
Firstly, the Indonesian Government and the security forces should return to the original aspirations of this country by investigating and putting an end to the unlawful sale of weapons and ammunition which is happening in the Land of Papua.
Secondly, the Indonesian Government should speedily take cognisance of the prophetic messages from the Church, the eleven recommendations of the MRP on 9-10 June 2010 and the Appeal by members of the UN Human Rights Commission at its session 23 May 2012.
Thirdly, we believe that the Indonesian Government is responding in a very discriminatory way to the aspirations of the Papuan people for peaceful dialogue. We therefore press the Indonesian Government to enter unconditionally into a dialogue based on the principle of equality between Indonesia and West Papua, with mediation by a neutral party, which is what happened in the dialogue between GAM (Gerakan Aceh Merdeka – the Aceh Liberation Movement) in Aceh.
Fourthly, the Indonesian Government should unconditionally release all political prisoners in Papua and should allow a visit to Papua by the Special Rapporteur of the United Nations, as well as by foreign journalists and human rights defenders. And it should forthwith end all its efforts to criminalise the political struggle of the Papuan people for self-determination.
Fifthly, the shooting to death of members of the TNI as well as civilians which occurred in the district of Sinak, Puncak Jaya and in the district of Tingginambut, Puncak Jaya on 21 February 2013 should be regarded as a separate incident. It was in no way connected to the election of the bupati (district chief) of the district of Puncak. This violent incident is part and parcel of state policy to build the necessary infrastructure for the TNI and Polri (the police) in the mountainous interior in order to establish the Puncak Jaya 1714 military command, to increase the budget for the security forces and to criminalise the peaceful struggle of the Papuan people at the international level.
Sixthly, the Chief of Police in Papua, Inspector-General (pol) Drs M Tito Karnavian, MA, has failed to investigate who it was who perpetrated acts of violence in the Land of Papua and has created the impression that he is allowing the illegal sale of weapons to go ahead. We urge the chief of police in Papua to implement the statement made by the chief of police, Inspector-General Bekto Suprapto in December 2010 that those who are responsible for the entry into West Papua of illegal weapons will be investigated.
Seventhly. we call on all Papuan communities and all components in society to study the laws in force regarding the TNI and Polri, in order to be able to control criminal actions as well as the policy of the Indonesian government and security forces in the Land of Papua.
Port Numbay (Jayapura), 6 March 2013
Chairman of the Synod of KINGMI Church, Papua:
The Rev. Dr Benny Giay.
Chairman of the Executive Board of the Alliances of Baptist Churches in Papua:
The government invited La Rue to visit Indonesia last May during the UN Human Rights Council’s periodic review of human rights in Indonesia. Indonesia came under pressure during that meeting because of its poor record of protecting human rights, notably in West Papua.
The West Papua Advocacy Team strongly urges the Government of Indonesia to lift any restrictions that would prevent the Special Rapporteur from meeting with political prisoners in Jayapura and in Ambon.
The government’s proposed restrictions would preclude La Rue from visiting West Papuan and other political prisoners held in Jayapura and elsewhere. These political prisoners are incarcerated for their peaceful political dissent. For many years the Indonesian government has sought to limit freedom of expression by West Papuans, often by smearing dissenters as separatists and disingenuously claiming that these dissenters are tied to the Papuan armed opposition.
According to reliable sources, the UN Special Rapporteur, who is scheduled to arrive in Indonesia on January 14, plans to postpone his visit unless he is allowed to visit prisoners in both Jayapura and Ambon.
The Indonesian government also wants to prevent La Rue from visiting political prisoners held in Ambon in the Moluccas. Moluccan political prisoners, like Papuan political prisoners, have been incarcerated because of their peaceful dissent. The government proposed would limit him to meetings with officials in Jakarta and with a religious cleric imprisoned in Sampang.
Human rights groups estimate that there are up to 100 political prisoners in Indonesia, mainly Papuans and Moluccans, including 15 Papuans imprisoned under charges of treason.
The West Papua Advocacy Team strongly urges the Government of Indonesia to lift any restrictions that would prevent the Special Rapporteur from meeting with political prisoners in Jayapura and in Ambon. The Indonesian government is accountable to the international community to respect rights of political prisoners under terms of numerous international conventions to which it is party. A visit by the Special Rapporteur is an important means by which to ensure Indonesian compliance with its international obligations.
The West Papua Advocacy team encourages the Special Rapporteur to postpone his visit until such time as he is able to set his own agenda for the visit, including meetings with political prisoners in Jayapura and Ambon.
The West Papua Advocacy Team is a U.S.-based NGO composed of academics, human rights defenders and a retired U.S. diplomat.
Press Release from Indigenous Peoples Organization of Bian Enim
Extent of MIFEE estate (via Tabloid Jubi)
Jayapura, (21/12)—“The Lord Allah has given new land to create human-being, they (human-beings) are given legs and hands to cultivate the land. We do not refuse any development and companies on our land, but we want to get fully involved in it (development)”
The presence of company and investment development on our customary land has caused several impacts, which we face direct and indirectly. One of the impact that clearly occurs is water contamination which is followed with phenomenon of dead fishes, turtles and other water animals, which people believes that these are affected by company’s waste where is located on the edge of Bian River. Moreover, the water from river and swamp that we have been using and consuming for our daily needs, e.g drinking, cooking, bathing, and others, can no longer be used by us anymore. The kids who baths in the river and swamp has got health problems on the skin, digest problems, coughs and other health problems. In compensation, we have to walk miles and miles to get fresh and clean water.
The company’s activities, which we see by ourselves, has demolished our customary land that we have been protecting, nurturing, and taking care of. The deforestation of our customary forest has also deprived any of traditional medicines that we have been using for all this time. It is harder for us to look for Sago, hunted animals, traditional clothes materials, and customary equipment which are only available in the forest. For us, customary forest that is destroyed equals to damaged and the loss of our culture.
The company came to the village without any detail, clear, and proved information given. The company does not involve indigenous peoples and land owners since the first time of investment plan on our land. As well as things related to policy and permits was not informed openly, clearly, and detail to us, including the potential impact of the land permits that might occurs on our land.
In the process of socialization, consultation, verification of clan owners, and negotiation which was conducted by companies, they never get the clan owners fully involved. The companies only engaged the head of clan, the community leaders, including local government to get involved on the land that is grabbed and destroyed. The involvement mentioned is related to involvement in EIA Preparation Process, consultation, and EIA assessment. The indigenous community’s organization which represents the indigenous peoples was not even involved in this process. Meanhile, on the side of community, the land owners whose land is not grabbed and destroyed were not engaged to get involved. This matter resulted to today’s situation where our demands and aspirations are not expressed well.
We feel that government who shall has duty and obligation to protect, respect, and bring forward our rights as indigenous community, has clearly become the company’s men as they are on the company’s side, and not on the side of the indigenous community and the land owners.
When the companies came to our land, they and the government mentioned that the land was only borrowed or contracted for 35 years and afterward the land will be returned to the customary land owners, and we believe that we will get our land back. Nowadays, we got information that one of the palm oil companies, PT Bio Inti Agroindo (BIA) who conducting operation on ou land and customary area has got their Land Use Rights / HGU. We realize that the end of land use rights would refer to the land be returned to the state, after 35 years been used by the companies. For us, this situation means that the companies has failed to protect our indigenous rights as the real land owners. This also means that the company has intentionally committed fraud, negligence and removal of our indigenous rights without our approval on the concession. For that matter, we urge that if the company wish to continue using our customary land, thus the company is obliged to seek for our approval as land owners and we also have make sure that the land will be returned to us, the clan owners, after the usage.
Demands and Aspiration
Based on the circumstances and the facts above, we are very aware that many losses that we have experienced will be sustained and the impact on the loss of life, dignity and our rights as indigenous peoples as well as our constitutional rights. Therefore we demand and urged the government to take actions to:
1. Revoke and cancel location permits off of our customary land
2. The Land use rights must be removed from the land and customary land and clan’s land, and also to ensure the lands will be returned to our customary land owners
3. The Company shall be responsible to, and conduct recovery as well as to give compensation to the communities who lived along the coast of Bian River up to Kaptel
4. The government should take action and control of disruption and environmental pollution caused by gold mining company’s activities in the border between Indonesia and PNG, which has threatened communities in Maro River – Bian River
5. The government shall conduct an investigation, field observations and research on the situation in the Coastal Mandob-Bian-Mill and should involve communities and civil society organizations.
Merauke, 18 December 2012 Sincerely Yours,
No. Name, Village, Position
1. David Kabaljai, Baidub, Clan Member
2. Bertila Mahuze, Boha, Clan Member
3. Willem Mahuze, Boha, Head of Village
4. Markus Dambujai, Bupul, Clan Member
5. Petrus Mekiuw, Bupul, Clan Member
6. Bibiana Kodaip, Erambu, Clan Member
7. Elvas Kabujai, Erambu, Clan Member
8. Polikarpa Basik-Basik, Kindiki, Clan Member
9. Sebastianus Ndiken, Kindiki, Leader of BianEnim Indigenous Peoples Organization
10. Simon Mahuze, Kindiki, Village Officer
11. Chriz Ungkujai, Kweel, Clan Mekiuw Leader
12. Klemes Mahuze, Muting, Clan Member
13. Maurits A. Mahuze, Muting, Clan Member
14. Paustinus Ndiken, Muting, Secretary of Indigenous Peoples Organization
15. Silvester Ndiken, Muting, Clan Leader
16. Yanuarius Wotos, Muting, Clan Member
17. Melkias Basik-Basik, Pachas, Clan Member
18. Simson A. Basik – Basik, Pachas, Clan Member
19. Susana Mahuze, Pachas, Clan Member
20. David Dagijai, Poo, Leader of Yeinan Organization
21. Siprianus Kodaip, Poo, Clan Member
22. Abner Mugujai, Tanas, Leader of Tanas Organization
23. Carolina Mandowen, Tanas, Clan Member