Category: Statement

Statement by LP3BH on the Need for Dialogue between Papua and Indonesia

Statement by the Executive Director of LP3BH
31 July, 2013LP3BH-Manokwari, an organisation which advocates human rights for the people of the Land of Papua, strongly supports the move which has been taken by the MRP (Papuan People’s Council)  to call for peaceful dialogue between Papua and Indonesia.

This move is very much in accord with Law 21/2001 on Special Autonomy for the Province of Papua which grants full powers to  the MRP  as the cultural representative of the indigenous Papuan people.

It is crucially important for the dialogue to take place in 2013 because this is the best way  to secure a peaceful and dignified solution to the conflict and the many substantial problems in the Land of Papua.

A number of leaders of countries such as the UK,  the USA, New Zealand, Australia and several European countries, as well as the United Nations, have also called on the Government  of Indonesia to agree to a peaceful dialogue as the way to resolve the problems in Papua. Bearing all this in mind, the LP3BH believes that  there are strong reasons for the Government  of Indonesia under the leadership of President Susilo Bambang Yudhoyono to  provide the space for such a dialogue to take place.

Moreover, it is unconstitutional for the Ministry of the Interior and other government ministries in Jakarta to press for an evaluation of of the Special Autonomy Law as this is in violation of Articles 77 and 78 on the evaluation or amendment of the law.

The LP3BH once again  expresses full support for the moves by the MRP for Papua and West Papua  for the holding of a dialogue between Papua and Indonesia  and various people’s representative bodies bodies such  the DPR-Papua and the DPR-West Papua to support such a move.

Peace

Yan Christian Warinussy,

Executive Director of the LP3BH

[Translated by TAPOL]

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YCW: Police officers in Sorong are human rights criminals in Papua

Statement by Yan Christian Warinussy, Executive Director of LP3BH-Manokwari issued on 11 May 2013Intensive investigations have been conducted by volunteers and investigators of   LP3BH-Manokwari into the shooting incident  on 30 April in Aimas, Sorong which is believed to have been committed by members of the police force in Sorong and members of the TNI (Indonesian Army). Two civilians, Abner Malagwak, 22 years old, and Thomas Blesya, 22 years old, were killed during the incident.

During these investigations, the LP3BH found strong evidence suggesting that the police and the TNI had acted in violation of the law when they opened fire without warning on Papuan civilians. The shooting should be classified as a gross violation of human rights as stipulated in Article  7, Law 26/2000 on human rights courts, that is to say, as a crime against humanity.

We found concrete evidence to show that the police chief of Sorong and the Deputy Police chief of Sorong should be called to account  as the two officers who led  the operation which had been described by as an operation for dialogue but during which they used firearms.

The two police officers should be classified as Human Rights Criminals whose actions resulted in the death of two civilians while another civilian, Mrs Salomina Klaiban, later died of her wounds after being taken to hospital.

These two senior  police officers in Sorong  should be regarded as Human Rights Criminals who must be called to account in a court of law. It is therefore highly appropriate for the two police officers to be dismissed so to ensure that they can be called to account under the law as stipulated in Indonesia’s Human Rights Law and the Human Rights Courts

In connection with the commencement of investigations into the treason case in the name of Isak Klaiban and his colleagues at police headquarters in  Sorong, the Manokwari LP3BH, as a legal advocacy organisation, urges the National Human Rights Commission (Komnas HAM) of the Republic of Indonesia to conduct  pro justitia  investigations of the two police officers mentioned above  as well as the troops who were involved in the action, including the military commander (DANDIM) who led the TNI operation during this highly regrettable incident.

 

Translated by Tapol.org

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After 15 years of reformasi, repression in Papua is putting more people behind bars

Press Statement  from NAPAS

May 13, 2013

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.

Jakarta, 1 May 2013

National Papua Solidarity (NAPA)

Zely Ariane. Co-ordinator

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Sugar company Rajawali is destroying forest without permission in Malind district

by Ank @ Pusaka (Heritage) Foundation to empower community rights

15 April 2013

Merauke, Papua: Without the knowledge or consent of local landowners in Kampung Onggari, Malind district, Merauke, two subsidiaries of the Rajawali Group, PT Karya Bumi Papua and PT Cenderawasi Jaya Mandiri, are destroying ancestral forest, evicting areas of importance and swamps belonging to the people. It is believed that this has been occurring since the end of 2012.

Stephanus Gebze, a well-known figure and leader of one of the landowning clans in Kampung Onggari revealed that, “the Malind people of Kampung Onggari have never sat down and discussed this together, nor have we agreed to give permission or surrender our land to the Rajawali company”.

In 2010, the Rajawali company presented its project plans at the Malind district office, in Kampung Kaiburse, but community members from Onggari who were present stated their opposition to the company’s operations in Onggari, as they needed the forests and swamps to be able to support future generations of villagers. In 2011, Rajawali built a church in Onggari, but the people never agreed to give their forests and swamps over to the company. “We accepted the help to build the church as a contribution to us in Onggari. We cannot be coaxed into giving up our land just because a church was built for us”, said Paulinus Balagaize.

Several local people have already surveyed the site where clearing has taken place, known as Tiptidek, Kopti and Kandiput. They have found that their forests and swampland, known as Deg, Palee, Bob, have already been flattened. “These are the places we go hunting, fishing, collect wood and medicines. There are animal habitats and burial grounds of the Malind ancestors. The company has destroyed them all”, said Stephanus Mahuze, another prominent member of the Onggari community. expressing his disappointment with Rajawali for clearing the forest without permission.

The Onggari village government and other community leaders met with the leader of the Malind District, Martinus Dwiharjo, on Thursday 11th April 2013. They complained about how Rajawali was clearing the forest without permission. “This is harassment, and a violation of our traditional rights as Marind people”, said Stephanus Gebze.

The community is demanding that Rajawali’s activities are stopped until settlement is reached according to Marind customary law. There must be compensation for all the various losses the people suffer,  including for grasses and other plants and disruption to animal life. The community wishes that these problems can be resolved peacefully and according to the Marind people’s traditional mechanisms.

Martinus Dwiharjo said that he had no knowledge that Rajawali had been clearing people’s land in Onggari. Martinus has offered to facilitate a meeting to resolve the issue with Rajawali as soon as possible, on
Tuesday 16th April 2013. Martinus also wishes to lend his support to resolve any questions about the location of the boundary between land belonging to the clans of Kampung Onggari and Domande. The majority of Kampung Domande’s land has already been given over to Rajawali.

Who knows how often Rajawali has overstepped the line? In November 2012, the people of Kampung Domande, Malind district, imposed a penalty on Rajawali according to their customary laws because the company had
cleared land on the Sanggayas burial ground. Fransiskus Kaize, the village head, explained this penalty consisted of a seven million rupiah fine, one pig and twelve kava plants. The Sanggayas Burial ground has
now been cordoned off with a coconut leaf fence to show that it is forbidden to destroy the surrouding areas.

When a company clears forest without permission, it is grabbing land, insulting indigenous traditions and breaking the law. It is only right that the Malind people of Onggari take action to uphold their customary law against such companies.

Source:
http://pusaka.or.id/2013/04/perusahaan-tebu-rajawali-membongkar-hutan-tanpa-ijin-di-distrik-malind.html

Available in English at https://awasmifee.potager.org/?p=334

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STATE VIOLENCE WHICH PARALYSES COMMUNITIES IS INTENSIFYING IN THE LAND OF PAPUA: Press Release by KINGMI Church and Papuan Alliance of Baptist Churches

PRESS RELEASE

LEADERSHIP WORKING FORUM OF PAPUAN CHURCHES

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The unlawful murder of Mako Musa Tabuni, first chairman of the NKPB on 14 July 2012 in Perumnas, Jayapura.
  6. 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.
  7. 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.
  8. The torture and murder of Yawan Wayeni on 13 August 2009 by the police chief in Serui, AKBP Imam Setiawan.
  9. 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:

Socratez Sofyan Yoman

End of translation by TAPOL

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