Category: Press Release

Kontras: SBY must prioritiser the Papuan problem and stop the Escalation of Violence

THE PRESIDENT MUST GIVE PRIORITY TO REACHING A DIGNIFIED SOLUTION TO THE PAPUAN PROBLEM AND TO PREVENTING THE ESCALATION OF VIOLENCE IN PAPUA

There are fears that the prospects for peace in the land of Papua will become increasingly difficult for three reasons. The first is the escalation in the level of violence that has been disrupting the situation in Papua. The second is the total lack of accountability regarding security operations in Papua by the TNI, the Indonesian army, and Polri, the police force., and the third is the ambivalence in the President’s attitude towards the Papuan problem. If nothing is done
about these three problems, it can lead to activities that would be counter-productive for achieving a dignified solution to the Papuan situation.

The first problem, the latest in the occurrence of acts of violence in Papua, happened on Sunday, 21 August when a man named Das Komba, 30 years old, was found dead, having been murdered near his garden. Prior to this, there was information that the TNI in Arso would be holding training exercises near this man’s garden. Two women who usually garden nearby had met several people who were thought to be members of the TNI somewhere near the garden. This led to people in the vicinity becoming very fearful and feeling very unsafe. The killing came on top of a spate of incidents of violence and killings [altogether nine during August] that have occurred in Papua, particularly in the wake of the Papuan Peace Conference .

The second problem relates to the deployment of TNI forces and the role of Polri in Papua. The deployment of troops is not related to any political decision by the President or the Indonesian parliament, the DPR RI, but was promoted by the TNI. Such a political move should be accompanied by a clear mechanism for accountability as provided for in our laws. It is therefore abundantly clear that the security operations by the TNI are illegal and are in breach of the regulations. The government should have learnt from past experience in Aceh and Timor-Leste that the security approach never solves problems but only
intensifies the issues, making any solution even more difficult.

The illegal use of TNI forces also provides more evidence of the weak role of Polri in taking charge of security in Papua. Polri is increasingly showing that it lacks confidence in itself and its incapacity to take charge of security, in accordance with its mandate as stipulated in the Law on Polri. The government should be providing as much support as possible for the role of Polri in safeguarding security for the general pubic with the use of persuasive methods.

Aother problem that is no less important is the recent leak of Kopassus operational documents which drew attention to the huge role of intelligence and to the clarification of the TNI’s active role in pursuing the security approach in Papua.

The third problem relates to the attitude of the government, in particular the ambivalence of the President.  In a series of interviews, the President has spoken about achieving wellbeing for Papua.   But on the other hand, security continues to be the main approach and is not accompanied by any overall correction to security operations that do not promote the safety and sense of security of the people in general.

We therefore make the following demands:

1. The President of Indonesia should hold dialogue with the Papuan people representing all the interests of the Papuan people . This should be done in a dignified manner and should respect basic human rights.

2. The President of Indonesia should adopt a firm attitude to stop all the polemics going on among his ministers and pursue a single policy for Papua. The policy should be directed towards a model for solving the conflict and not just consist of speculations and stigmas.

3. The government should put an end to the continuing acts of violence and killings that have been occurring in Papua and make an evaluation of the presence and deployment of TNI forces, while maximising the role of Polri as the ones who are responsible for security.

4. All sides should play an active part in halting all forms of violence which can only have a negative impact on the peace process which is what the general public wants to happen.

Jakarta, 23 August 2011

Kontras: Commission for the Disappeared and the Victims of Violence

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AI: Indon authorities refuse Papuan political prisoner Kimanus Wenda medical care

Amnesty International
INDONESIA: AUTHORITIES REFUSE PRISONER MEDICAL CARE

UA: 251/11 Index: ASA 21/025/2011 Indonesia Date: 19 August 2011

Papuan political prisoner Kimanus Wenda is in urgent need of medical treatment. He has a tumour in his stomach, and needs to be transferred to a hospital to undergo an operation. Prison authorities have refused to pay for his transport and medical costs.

Kimanus Wenda is being held at the Nabire prison in Papua province, Indonesia. He has a tumour in his stomach and is constantly vomiting. Prison doctors have confirmed that he needs an operation; however, Nabire does not have the necessary medical facilities available. Kimanus Wenda needs to be transferred to Jayapura, also in Papua province, where he can receive the medical treatment he urgently requires. His family and lawyer have requested that he be transferred to Jayapura but the Nabire prison authorities have refused to cover the cost of his transport and medical treatment. Under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, all medical costs for treatment of a prisoner at a hospital must be borne by the state.

Kimanus Wenda has been ill-treated in detention in the past. During his arrest and interrogation in April 2003, he was reportedly tortured or otherwise ill-treated by military officers, who beat, kicked and stamped on him. On 25 May 2011 Kimanus Wenda was beaten by prison guards after he and another political prisoner, Linus Heluka, attempted to file a complaint about a prison officer who had insulted a Papuan prisoner. At least four prison guards beat Kimanus Wenda with a thick piece of rubber and kicked him. The guards also hit Linus Heluka on the head and hand. Linus Heluka was then put in an isolation cell for two weeks.

Please write immediately in English, Indonesian or your own language urging the authorities to:

  • Ensure that Kimanus Wenda receives full and immediate access to the proper medical treatment he requires;
  • Allow Kimanus Wenda to travel to Jayapura to receive urgent medical care as recommended;
  • Cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations;
  • Immediately conduct an independent and impartial investigation into all allegations of torture or other ill-treatment by prison guards in Papua and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and
  • Ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 3 OCTOBER 2011 TO:

Head of Nabire Prison

Arif Rachman
Lapas Klas IIb Nabire, Jl. Padat Karya,
Nabire 98801, Papua, Indonesia
Fax: +62 984 24721
Salutation: Dear Arif Rachman

Head of the Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37
Kotaraja – Jayapura 99117, Papua, Indonesia
>Fax +62 967 586112
Salutation: Dear Daniel Biantong

And copies to:

Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights
Jl. Veteran No. 11
Jakarta Pusat, Indonesia
Fax: +62 21 384 1711

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date

URGENT ACTION Authorities refuse PRISONER medical care

ADDITIONAL INFORMATION

In April 2003 Kimanus Wenda was accused of attacking a military warehouse in Wamena, Papua province, an accusation which he denies. According to his lawyers, he was arbitrarily detained at the barracks of the Wamena District Military Command 1702 by the military and police and initially denied access to a lawyer. There, he was reportedly tortured or otherwise ill-treated by military officers, including being beaten with a piece of wood, kicked on his chest, stamped on, and dragged around with a piece of rope around his neck. According to Kimanus Wenda, the ill-treatment continued while the police were interrogating him. A translator was not provided during the police interrogation, even though Kimanus Wenda did not speak Indonesian. He was forced to sign a confession he could not read. In January 2004 he was sentenced to 20 years’ imprisonment for “rebellion” under Articles 106 and 110 of the Indonesian Criminal Code. He continues to suffer physically on account of the ill-treatment he experienced in 2003.

In December 2005 Kimanus Wenda was transferred to Gunung Sari prison in Makassar, South Sulawesi, thousands of miles from his family in Papua. While he was there he was forced to sleep on a cement floor. In January 2008 he was transferred to Biak prison, Papua and then to Nabire prison.

The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medial treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Furthermore, Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment.Amnesty International believes the denial of medical care to Kimanus Wenda could amount to cruel, inhuman or degrading treatment.

Name: Kimanus Wenda
Gender m/f: M

UA: 251/11 Index: ASA 21/025/2011 Issue Date: 19 August 2011

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Freedom Now Welcomes Call of 26 Members of U.S. House for Release of Papuan Filep Karma

Freedom Now

FOR IMMEDIATE RELEASE 

August 22, 2011

Contact: Fred Fedynyshyn
+1 202-637-6461

FREEDOM NOW WELCOMES CALL OF 26 MEMBERS OF U.S. HOUSEFOR RELEASE OF RENOWNED HUMAN RIGHTS ADVOCATE FILEP KARMA

Today, a bipartisan group of 26 members of the United States House of Representatives, led by Reps. Joseph Pitts (R-PA) and James Moran (D-VA) requested that President Susilo Bambang Yudhoyono of Indonesia release Papuan human-rights advocate Filep Karma. In the letter, attached, the Representatives declared:

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly imprisoned political activists on unlawful grounds…. We urge your government to uphold its commitments to international law and to its own domestic law and immediately and unconditionally release Mr. Karma.

Other signatories to the letter included members of the House’s Committee on Foreign Affairs, Chris Smith (R-NJ), Dana Rohrabacher (R-CA), and Eni Faleomavaega (D-AS); and co-chairs of the Tom Lantos Human Rights Commission, Jim McGovern (D-MA) and Frank Wolf (R-VA).

Freedom Now attorney Sachi Jepson stated: “We, along with an international community of supporters, are heartened by the House’s efforts to restore justice and health to Mr. Karma. We sincerely hope the Government of Indonesia will bring an end to Mr. Karma’s unlawful detention and that he can return to his family at long last.”

Mr. Filep Karma, 52, is a prominent Papuan political activist and former Indonesian civil servant who is serving a fifteen-year prison sentence for his peaceful human rights advocacy. He was arrested on December 1, 2004, for organizing and participating in a ceremony at Trikora Field in Abepura, Papua, where hundreds gathered to raise the Papuan Morning Star flag and celebrate the anniversary of the 1961 Papuan declaration of independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was charged with treason and sentenced to fifteen years in prison. His wrongful arrest, detention, and trial violate Indonesian law and Indonesian obligations under international law. Mr. Karma is an inspirational leader of nonviolent human rights advocacy­currently suffering respiratory infections and abdominal pains while being denied medical attention.

Freedom Now welcomes the support of these Representatives and joins them in calling on President Yudhoyono to release Mr. Karma and urging the Indonesian government to comply with its commitments under international law and its own constitution.

###1776 K Street, NW, 8th Floor • Washington, D.C. 20006 • +1 (202) 223-3733 • www.freedom-now.org Our mission is to free prisoners of conscience through focused legal, political and public relations advocacy efforts.

 

—-

Congress of the United States
Washington, DC 20515

August 19, 2011

Dr. H Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
Indonesia

Your Excellency:

As Members of the House of Representatives of the United States Congress, we write asking your government to release Filep Samuel Karma, a Papuan political activist and former civil servant, who has been unlawfully and arbitrarily detained since 2004.

Mr. Karma is a prominent non-violent Papuan political activist. He is currently serving a 15- year prison sentence following his raising of the Papuan Morning Star flag at a 2004 political rally celebrating the 1961 Papuan declaration of independence from Dutch rule. U.S. policy towards Indonesia supports the advancement of universal human rights and the fair and nondiscriminatory treatment of all people, which includes the peoples of Papua and West Papua. As a strategic partner, we remain concerned that your government meet its fundamental obligations to  protect the rights of its people, as respect for human rights strengthens democracy.

Mr. Karma’s trial violated international standards of due process of law. For example, the judge made several plain statements indicating a bias against Mr. Karma. Additionally, Mr. Karma’s appeal was rejected on unfounded procedural grounds. And during his incarceration, he has suffered degrading and inhumane treatment, including the denial of necessary medical treatment. Recently, Mr. Karma has been placed in an isolation cell that is causing respiratory problems and has been denied adequate food and water. Additionally, Indonesian authorities have repeatedly threatened to move Mr. Karma to Nusa Kambangan Prison, which reputedly has the worst prison conditions in Papua.

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly  imprisoned political activists on unlawful grounds. Indeed, Mr. Karma’s case was cited in the United States State Department 2009 Human Rights Report as an example of Indonesia’s detention of political prisoners. Accordingly, Mr. Karma’s release would be a welcome indication of the Government of Indonesia’s otherwise robust commitment to  democracy and human rights.

We urge your government uphold its commitments to international law and to its own domestic law and immediately and  unconditionally release Mr. Karma.

Sincerely,

Joseph R. Pitts
James P. Moran

Frank R. Wolf
James McGovern
Jim McDermott
Christopher Smith
Heath Shuler
Steve Cohen
Chellie Pingree
Henry A. Waxman
Tammy Baldwin
Edolphus Towns
Carolyn B. Maloney
Lloyd Doggett
Michael M. Honda
Bob Filner
Janice D. Schakowsky
Thaddeus McCotter
Barney Frank
Steven R. Rothman
Jesse L. Jackson, Jr.
Sam Farr
Dana Rohrabacher
Edward J. Markey
Maurice D. Hinchey
Eni F.H. Faleomavaega

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MIFEE project violates human rights: Joint press release

Joint Press Release,

14 August 2011

Walhi, Pusaka, Sajogyo Institute, Sorpatom, Papuan NGOs Working Group, Sawit Watch, Aman, Huma,  JKPP, KPA, Kontras, Green Peace Indonesia, DtE

MIFEE Project Violates Human Rights

[Translated by TAPOL]

One year after the MIFEE (Merauke Integrated Food and Energy Estate) Project was launched by the central government, the situation of the people in Merauke  has become a matter of grave concern.  The indigenous Malind  people and the inhabitants in Merauke in general have been threatened and marginalised as a result of the conversion of their land and their ancestral forests by the MIFEE Project.

Research undertaken by Pusaka, called  ‘MIFEE does not reflect the aspirations of the Malind people’ drew the conclusion that the MIFEE Project was launched as the illegitimate offspring of the global food crisis for Food, Feed, Fuel and Climate Change (3F and 2C).  MIFEE is called the ‘illegitimate offspring’ because it is not a solution that serves the interests of the majority of the people but is the result of a conspiracy between capitalists and the government in search of economic rent side by side with cramped living conditions for the majority of the people. In the words of Emillianus Ola Kleden, a researcher for Pusaka Foundation, the MIFEE programme will have a number of negative impacts on the social and cultural fabric, the demographics, the social and economic conditions and the environment of the people. These negative impacts  will also worsen the living conditions of many groups living in the areas affected by the project.

Laksmi A Savitri, a researcher for the Sajogyo Institute, came across facts showing that MIFEE is a development model which makes no provision for improving the living standards  of the indigenous people in Merauke and is only focussed on the accumulation of corporate profits. There are three reasons for this, according to Laksmi:  firstly, it fails to respect the concept of land and identity  which is inseparable from the identity and dignity of the Malind people; secondly, it fails to understand the close links between the Malind people’s system of living and the natural resources and the forests, and assumes that the loss of forestry resources will be replaced by opportunities to work as day labourers for the companies; and thirdly, it pays no attention to the process of meaningful social transformation for the Malind people towards a better life in ways and forms that are defined by the Malind people themselves.

According to Billy Metemko, chairman of Sorpatom Merauke, the Merauke Project  has already caused significant damage  to  the social structure of the customary groups who have lost land where they are able to look for food and fulfil their social  needs, like what has happened in Zanegi Kampung in the operational area of PT Medco or Domande Kampung in the operational area of PT Rajawali and Nakias Kampung in the operational area of PT Dongin Prabhawa.  The destruction of these forests has resulted in the destruction of traditional symbols, the source of their livelihood, while in the longer term, it will lead to the wholesale destruction and extermination of traditional communities in Merauke.

Since 2010, Sawit Watch and the Justice and Peace Commission of the Diocese of Merauke (SKP-Merauke) have held a number of meetings in kampungs along the border region between Indonesia and Papua New Guinea in South Papua and have discovered that land has been allocated for palm oil plantations on a massive scale. In the district of Merauke, at least 380,887 hectares have been allocated to ten companies, and 320,000 hectares in the district of Boven Digoel where licences have been issued to eight palm oil plantation companies. Opening up the land to palm oil plantations  on such a large scale has resulted in forest areas in the south of Papua having been turned into mono-cultural  plantations  leading to ecological destruction and the permanent and irreversible loss of its vitally important diversity. The presence of traditional communities  and indigenous Papuan people whose lives still depend on the forests will eventually be uprooted and marginalised as a consequence of development schemes that fail to take account of local wisdom and culture.

Bearing these conditions in mind, civil society in Indonesia has warned the Indonesian government and parliament, the DPR RI, that this project is more harmful than beneficial. Nevertheless the government  seems to have refused to listen to reports about the destruction of the environment, the food culture of the traditional communities and their life spaces and the destruction of Merauke’s forests. Sorpatom (Solidarity of Papuan People Rejecting MIFEE) has on numerous occasions organised activities to reject the  presence of MIFEE. Komali (the Community of Traditional Communities) wrote to the Indonesian president last year expressing the same views about MIFEE.

A field visit to Merauke by the environmental NGO WALHI in June 2011 discovered that during the course of the past year, at least one hundred thousand hectares of natural forest in Merauke have been cleared, including sago hamlets which protected food security  at all times, regardless of the season, and are very adaptable to changes in the climate. The marshlands are threatened  by drought, as a result of which  fish, birds  and deer  that have provided the local people with their source of protein will find it increasingly difficult to enjoy the necessary living space. Eventually, the Economic, Social and Cultural (ECOSOC)  rights will become ever more inaccessible to protection and provision by the state. Berry N. Forqan, the national executive director of WALHI, has stated that it is reasonable to say that the Indonesian government should be regarded as having caused the violation of basic human rights with the MIFEE Project.

Sinal Blegur, a member of the Working Group of NGOs in Papua, said that the violation of these ECOSOC rights will ultimately lead to the violation of  civil and political rights because MIFEE could potentially pave the way for the security forces  to enter the region on a massive scale to protect the operations of the companies.

In view of the above, dozens of local, national and international NGOs  have in the past month jointly produced a report to be submitted  to the Special Rapporteur of the UN on the Right to Food, drawing attention to threats to the right to food  of the traditional communities in Merauke. According to Abet Nego Tarigan, executive director of Sawit Watch, 22 NGOs  have so far signed  this document, representing the traditional communities in Merauke who are the victims or potential victims of the MIFEE Project The report has also been sent to the Committee on the Elimination of Racial Discrimination at the Office of the UN High Commissioner for Human Rights, and the Committee on Economic, Social and Cultural Rights  of the Human Rights Treaties Division.

This means that all civil society organisations which are concerned with the rights and living space for indigenous Papuan people should call on the government to immediately halt all MIFEE activities and Food Estates in general  in Indonesia that are  damaging the environment and forcing the  removal of traditional communities from their traditional land  and areas which they manage. The national, provincial and district governments must stop granting location licences  to companies and hold an inclusive dialogue, in which the Malind people are central, to discuss the allocation of land, the provision of space and development capital for agriculture, in conformity with social transformation that can bring the Malind people self-reliance and dignity.

All this is intended to ensure that similar operations that have resulted in the massive destruction of the environment which have occurred in Sumatra, Java, Kalimantan and Sulawesi  should not be repeated in Papua.

Contacts:

Islah, Manager   of the Water and Food Campaign, WALHI;

Frangky Samperante, Director of Psaka;

A Karlo Nainggolan, staff member of Advocacy, Policy and Legal Defence, Sawit Watch;

Laksmi Savitri, Sajogyo Institute;

Sinal Blegur, member of the Working Group of NGOs in Papua.

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ALDB: On 17 August, Freedom for Papua?

17 AUGUST STATEMENT BY ALDP, ALLIANCE FOR DEMOCRACY IN PAPUA

Since the beginning of August 2011, Papuan people have been confronted
by a series of violent actions, which have occurred one after the other.
On some occasions, activities in the community have stopped altogether
then its back to normal, with people going to their offices, to the
market, to school and to places of worship. There is hardly anywhere
that can be said to be safe. No one seems to be sure that Jayapura is safe.

Since 1 August, nothing has been normal. Shots were fired at vehicles on
11 and 15 August in Abe Pantai. On 16 August at crack of dawn, flags
were flown and there were attacks against civilians in BTN Tanah Hitam
Soon afterwards, people were chased while there were armed clashes from
5.30am till 11am. There was panic and children were sent home from
school. No one could guarantee that these acts of violence would end
some time soon.

Police and army have been seen driving in patrol vehicles on the
streets, while soldiers have been seen in cars or walking in the street
with rifles at the ready. Apart from all this, unknown people have been
mobilised in public places, not in great numbers but such things have
never happened before.

Armed violence in Papua has been occurring not only in places like
Puncak Jaya or around the Freeport mine but also in Jayapura, especially
in Abepura, Tanah Hitam, Nafri and its surroundings.Violence has even
come close to our homes. One colleague said: ‘Be careful when leaving
home because you could become a victim because these sporadic actions
are being targeted against anyone in order to spread fear.’

People are afraid that these acts of violence are aimed at creating the
conditions for a major incident that is about to occur. The thing to be
avoided at all costs is for these acts of provocation to lead to a
horizontal conflict.

The location of the incidents and the close sequence of the events has
spread fear among people, with strange ideas spreading because those
responsible are still roaming freely even though operations have been
launched.

‘It’s all a question of politics,’ said a driver in Arso13 who had a bad
personal experience because of the event on 1 August in Nafri. He had
passed through Nafri one hour earlier on his way to market and was also
taking his sick brother to Jayapura for treatment. Another trader said:
‘Why is it so difficult to catch the perpetrators when the incidents
occurred near a garden or in a residential area?’

These two people may not be able to analyse these events but what they
are saying is representative of the thoughts of people who simply do not
understand why ordinary people can be the target of acts of violence.
When they speak like this, it means that they want the government to
deal with the problems being faced by their fellow citizens. These
people are not just a statistic; they are an important component for
creating peace in Papua. They are calling on the government to do
something serious to protect its citizens.

During investigations by a joint team set up by the army and the police
consisting of about 300 people, the police identified nineteen people
who will be charged for the Nafri incident on 1 August, based on a
document that was discovered when they were hunting a group in the Nafri
mountains which is alleged to be the place where members of the TNP/OPM
led by Danny Kogoya are active. He is also alleged to have been
responsible for the Nafri incident in November 2010. Those who were
responsible must have been very clever indeed because those incidents
occurred in a very public place and within a very short period.

Whatever is being done to solve these cases of violence in Papua is a
great mystery. Even in the case of incidents that occurred in an open
place like Nafri, the perpetrators have not yet been caught .Things are
much more problematic in places like Tingginambut in Puncak Jaya. All
this is a great challenge to the capability of the police. In other
parts of the country, they have been praised for their ability to combat
terrorism with support from various international agencies. But what is
happening in Papua is a paradox..

Can we be sure about the way the police are handling these acts of
violence here in Papua? Are they themselves confident of their ability
to deal with these acts of violence? They need maximum support to ensure
that the results of their investigations will lead to formal proceedings
in a court of law.

17 August is the 66th anniversary of Indonesian independence. The
red-and-white flag will be flying everywhere to mark the day of
independence, but in our hearts there is nothing but fear. It is the
responsibility of the civil government to deal with all these acts of
violence in Papua instead of busying themselves all the time with the
election of the governor. Without realising it, their authority is
simply reduced to concerns about their political interests while
reproducing provocations that lead to acts of violence.

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