Category: Urgent Action

Open Letter from ILWP to Inspektur Jenderal Drs BL Tobing Papua Police Chief

International Lawyers for West Papua

http://www.ilwp.or
secretariat@ilwp.org

Inspektur Jenderal Drs BL Tobing
Papua Police Chief
Regional Head of Police (Kapolda)
JI. Samratulangi No. 8 Jayapura
Papua

Fax: +62 967 533763
21 October 20
Dear Kapolda,

We, the International Lawyers for West Papua, respectfully seek to remind you
of your duties under international law.

It has been reported from a police source (Republika, 19 October 2011) that
approximately 600 people were arrested at the Third Papua Congress, a peaceful
assembly at which the Papuan community were gathered to discuss their future.
Other media outlets have reported that between four and seven people were
killed and many others injured after security services opened fire on the
assembly and that hundreds more were beaten before being taken into custody.

As a Police Chief you are an agent of the Indonesian State and you are bound to
obey the human rights standards set by international law, particularly the
International Covenant on Civil and Political Rights (ICCPR) which Indonesia
acceded to on 23 February 2006. We also remind you of your obligations under
the Indonesian Human Rights Act and Human Rights Courts Act.

The right to freedom of assembly is protected by Articles 21 and 22 of the
ICCPR. The right to free speech is guaranteed by Article 19 of the ICCPR. The
people of West Papua are entitled to meet and discuss freely their opinions,
including their right to self-determination and their desire for independence
and self-government. If they have been arrested for doing so, they are
prisoners of conscience and must be released immediately.

We therefore request that you immediately confirm the basis for the arrests and
ensure that all detainees that were injured during the violence have access to
medical care. We also request that you:

Comply with Articles 19, 21 and 22 of the ICCPR and release any detainees
held for engaging in peaceful assembly;
Comply with Article 7 of the ICCPR and guarantee that all of those detained
will not be tortured or otherwise ill-treated while in detention;
Comply with Article 14 of the ICCPR and allow all detainees immediate
access to a lawyer of their choosing;
Comply with Article 2 of the ICCPR in instituting a full and thorough
investigation of the extra-judicial killings and violence at the assembly in
breach of Articles 6 and 7 of the ICCPR.

Thank you for taking the time to read this letter.

Yours sincerely,

International Lawyers for West Papua

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Report by GKI on Third Papuan Congress and Declaration of Independence

[Full translation by TAPOL of the report received from KPKC, Synod of GKI, Indonesian Christian Church on 21 October 2011]THE THIRD PAPUAN CONGRESS

The Third Papuan Congress was held from 17 October and attended by Papuans from across the territory of Papua. After facing difficulties regarding the venue of the Congress, the Congress was held in the Zakheus Tunas Harapan Padang field.

On 19 October, Prokorus [normally spelt Forkorus] Yaboisembut was elected the President of West Papua and the evangelist Edison G. Waromi was elected the Prime Minister. Following the elections, Prokorus Yaboisembut read out the Declaration of a New State, the Federal State of West Papua, the symbol of the state – the Mambruk Bird, the currency – the guilder, the national anthem Hai Tanahku Papua, and the national languages, Pidgin, Indonesian Malay, local Papuan languages and English, and the geographic territory of the Papuan Federal State.

The text of the DECLARATION OF AN INDEPENDENT PAPUA **and the confirmation of the Declaration of West Papua which was read out by Prokorus Yaboisembut stated: ‘On this day, 19 October 2011, we proclaim the full independence and sovereignty  of our state’  and therefore the State of Indonesia must speedily end its occupation of Papua. All components of the leadership who were elected at the Third Papuan People’s Congress shall immediately discuss the basic principles of the State of West Papua.

Selpius Bobii, the chairman of the Third Papuan People’s Congress, declared: ‘We the people of West Papua in this highest forum declare that the proclamation of the Papuan National Committee on 19 October 1961which now marks its fiftieth anniversary, was a time when the Papuan people lived freely, during the era of the Dutch/UNTEA and we want to return to the sovereignty which once existed.’

The declaration of the Papuan Congress is as follows:

1.    The restoration of the Independence and Sovereignty of the Papuan people in the state of West Papua.
2.    On this day, 19 October 2011, we declare our complete Independence and Sovereignty  as the Papuan people and the state of West Papua.
3.    The establishment and enactment of the Constitution of the State of West Papua.
4.    The formation of the Government of West Papua shall come into being from the moment of the adoption of the Constitution on 19 October 2011.
5.    The Indonesian government must quickly end its occupation from the moment of the adoption of the Constitution on 19 October 2011.
6.    We propose that the Secretary-General of the United Nations and members of the UN, in particular the US Government and the Indonesian Government, should recognise and regularise governmental powers within the shortest possible time and register the state of West Papua as a member of the UN within the shortest possible time, in order to uphold human rights, democracy and just and basic rights in the world.
7.    We grant a full, official mandate  to International Parliamentarians for West Papua and International Lawyers for West Papua and supportive countries to advocate all matters with regard to the annexation of sovereignty and independence of the Papuan people and to follow this up through lawful international mechanisms or at the International Court, until such time as the full and complete transfer of power from the Unitary State of the Republic of Indonesia to the Federal Government of  West Papua which has already been established and formulated at the Third Papuan Congress in Jayapura-Portnumbay, the Papuan part of Federal State of the Republic of Papua.
8.     In the name of the Papuan people in the state of West Papua and the adoption of the Declaration of Decision No. 0012/03/10-2011 by the Third Papuan Congress, to consider and take cognisance of the general views of various components of the West Papuan people, as set forth in the reports of the commissions that were agreed at the Third Papuan Congress.
—————–

[Note: According to the observations of the KPKC of the GKI Synod, the location of the Third Papuan Congress was heavily guarded  by troops of the Indonesian army and police who were in a state of readiness, accompanied by six police armoured vehicles and trucks that were stationed outside the location of the Congress.]

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RAW FOOTAGE OF THE ATTACK ON THE PAPUAN PEOPLE’S CONGRESS

by Numbay Media — via our partners EngageMedia.org

This is raw footage of Wednesday’s attack by the Indonesian military and police on the Third Papuan People’s Congress in Jayapura. The footage shows people dancing, soldiers closing in, and gun shots. The video was shot by several observers. The last sequence was shot while the camera person was hiding from gunfire. Police have now confirmed that five people were killed in the attack – human rights groups say it was more.

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US CONGRESSMAN FALEOMAVAEGA CALLS UPON GOVERNMENT OF INDONESIA TO ASSURE SAFE AND HUMANE TREATMENT OF WEST PAPUANS IN CUSTODY AND TO WORK FOR THEIR RELEASE


Congressman Faleomavaega announced today that he has sent a letter to Ambassador Dr. Dino Patti Djalal of Indonesia raising concerns about the safety and treatment of Mr. Forkorus Yaboisembut and many others who were arrested at the recent meeting of the Papuan People’s Congress in West Papua.  It has been reported by the international media that the Indonesian Armed Forces and police have beaten and arrested hundreds of civilians who attended the meeting.

The full text of the Faleomavaega’s letter, which is copied to U.S. Ambassador Scot Marciel to Indonesia, is included below:

Dear Mr. Ambassador:

 

I am writing to request your intervention in ensuring the safety and the humane treatment of Mr. Forkorus Yaboisembut and many others who were arrested on Wednesday, October 19, 2011, at the third meeting of the Papuan People’s Congress in West Papua.

 

According to numerous media outlets, it has been reported that the Indonesian Armed Forces (TNI) fired shots during the meeting where a crowd of thousands of defenseless and unarmed civilians were engaged in peaceful political assembly.  While the crowds dispersed after the shots were fired, many West Papuans, including journalists, were attacked and apprehended by the Indonesian military and police. 

 

These are serious violations and crimes against humanity especially given that the Government of Indonesia is a signatory to both of the United Nations treaties on the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. 

 

Enclosed are photos that display the heavy military presence of the TNI and police at the meeting prior to the chaos.  Clearly, the presence of the Indonesian military was to intimidate the peaceful citizens, which is a continuation of the human rights violations by the TNI as reported in the U.S. State Department 2010 Human Rights Report.

 

Media reports also continue to circulate that Imam Setiawan, Chief Police of Jayapura Province, may have played a significant role in the attacks given his reported links to the death of a West Papuan leader, the fatal attack on a journalist reporting from West Papua, and many West Papuans attacked and killed within the past few years.     

 

I have very serious concerns in the matter and I do not condone the serious acts of violence by the TNI and police on the peaceful demonstration by unarmed civilians who were simply voicing their opinions about the failure of the Government of Indonesia to seriously implement the Special Autonomy law for West Papua.  It is obvious the actions by the TNI and police are contrary to the commitments made by President Yudhoyono to solve the issues in West Papua in a “peaceful, just, and dignified manner.”

 

For these reasons, I am concerned about the events that have transpired and I want to be assured by the Government of Indonesia that Mr. Yaboisembut and others will be treated humanely while in custody and that you will work for their release.  I would like to meet with you sometime early next week to discuss the matter further.

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1530 21/10/2011 Updates From West Papua

By Newmatilda.com and westpapuamedia.info

CURRENT:
Arrests
Anywhere between 300 and 800 activists arrested, most released
Core group of 5 in custody at least but could be more, all feared tortured:

– Forkorus Yaboisembut – elected as leader of the broad based movement for peace and justice – possibly paralysed witnessed by another detainee
– Edison Waromi – deputy leader
– Argus Krar
– Selfius Bobii
– Dominikus Sorabut

Released
– Abraham Kareni (who’s son lives in Melbourne) with fractured skull

Charges include treason, rebellion, crimes of hatred against the state. These are colonial laws left over from the Dutch era and they carry long sentences — in some cases up to 20 years.

Police violence, dead and wounded
DFAT have confirmed four people are confirmed dead, activists claim six
People identified (all from Petapa or family of:
– Dani Kabepa
– Yakovus Sabonsaba
– Mathias Maidepa
– Martinus Siep
– Tanepi Kobeta
– One additional unidentified member of Petapa, the West Papuan paramilitary guard formed to protect Forkorus Yaboisembut, the man delegates elected as their leader.


–

Claims:
– Numerous people have been savagely beaten, many are in hiding for fear of arrest or worse
– Unverified claims people were shot at point-blank range and bundled into armoured personnel carriers and other vehicles.
– Five people at the Dian Harapan Hospital suffering several wounds: ”One is a woman, Ana Ana Adi, 41. She has got wounds at her right thigh. Pilatus Wetipo, 40, was shot in the right leg. Wiler Hobi (22) has some wounds in his head because of being beaten by the weapon, the other two have blistered wounds
– four people in Sabron Yaru wounded

  • Members of the community security force (Petapa) are arrested. Photo: West Papua Media Alerts

Reports of violence by Indonesian troops continue to emerge from West Papua. New Matilda is in contact with local sources. We’re publishing regular updates on the situation here. (Warning: graphic content)

On Thursday, New Matilda published a report on the violence at the Third People’s Congress in West Papua. Indonesia military and police opened fire on participants and took activists and leaders into custody. Reports of fatalities and injuries continue to emerge from Jayapura.

Read Alex Rayfield’s initial report here.

New Matilda is in contact with local sources and will continue to update this page as new information emerges.

UPDATE, Friday 21 October, 10am:
This is a phone interview with journalist Alex Rayfield.

“Ferry Marisan, the director of Elsham — a leading human rights organisation based in the capital, Jayapura — has said that six people are confirmed dead.

“We think that a couple of people were shot as the security forces raided the stage, and some later. There are also lots of people with gunshot wounds, some of whom are in hiding and too scared to get medical assistance.

“We’ve had multiple reports that there were 800 people in jail. Many of those have been released, but a core group is still detained, charged with a range of offences including treason, rebellion, crimes of hatred against the state. These are colonial laws left over from the Dutch era and they carry long sentences — in some cases up to 20 years.

“It’s important for people to know that [Congress] is not a radical fringe movement. It’s made up of mainstream Papuan society: academics, church leaders and senior tribal leaders. In fact the radical fringe stayed away from this event because they think it’s not radical enough. So if the Indonesian government thinks this is a minority view, they are sadly mistaken. It is a mainstream view.

“Meanwhile, we should add for Australian audiences, that the strike continues at the Freeport mine [which is part owned by Anglo-Australian company Rio Tinto]. The two events are intimately connected.”

For more information on the Freeport strikes read New Matilda’s coverage here andhere.

UPDATE Friday 21 October, 4.30PM
These photos were sent by a credible source to West Papua Media Alerts and allegedly show injuries suffered in police custody. They have not been verified by New Matilda.

Photo: West Papua Media Alerts

Photo: West Papua Media Alerts

Photo: West Papua Media Alerts

MORE INFORMATION
Listen to an interview with Elsham’s Ferry Marisan here.

Read Amesty International’s statement on the incident here.

Read an article on Australia’s foreign policy response by Greens spokesperson on West Papua, Richard di Natale, here.

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