Tag: Benny Giay

Urgent need for Truth and Reconciliation Commission and Human Rights Court in Papua

Press Release from LP3BHLaw 21/2001 on Special Autonomy for Papua as amended by Law 35/2008 states the following in article 46, para (1): ‘In order to strengthen unity of the people in the province of Papua, a Truth and Reconciliation Commission should be set up while Article 46 reads as follows: ‘ Within the framework of strengthening unity and unanimity, a Trth and Reconciliation shall be set up.’

‘The task of the Commission (KKR) shall be (a) to reach a clarification of Papuan history to solidify unity and unanimity of the nation within the Unitary State of the Republic of Indonesia and (b) to draft measures towards reconciliation.’

In further elucidation of Article 46, it states the need for reconciliation which shall include the acknowledgement of errors, the need for apology, the offer of forgiveness, peace, the rule of law, amnesty, rehabilitation or other alternatives  necessary to upholding the sense of justice with the community in order to uphold unity and unanimity.

In the opinion of LP3BH-Manokwari, the Association for Research, Advocacy and Development of Legal Aid,  a Commission for Truth and Reconciliation is an integral  part of the implementation of special autonomy that should as a matter of urgency be implemented the Indonesian Government and the regional government in the Land of Papua, namely the governments of Papua and West Papua.

The formation of the KKR is very urgent. There are four issues that need to be dealt with: first, the marginalisation and effective discrimination against the indigenous Papua people as a result of economic developments; political conflicts; and the mass in-migration into Papua since the 1970s.Affirmative action needs to be taken in order to empower the indigenous Papuan people.

The second problem is the failure of development, especially in education, health and economic empowerment. This requires  new paradigms directed towards development that is focussed on improving public services so as to advance the welfare of indigenous Papuans living in the kampungs.

The third issue is the contradiction between the history and political identities of Papua and Indonesia. This problem can only be resolved by means of dialogue such such happened in Aceh.

The fourth issue is the responsibility for state violence committed against Indonesian citizens in Papua. This needs reconciliation between  a human rights court and the truth; to uphold the rule of law and justice for the victims, their families and all Indonesian citizens now living in Papua.

The way to resolve the third and fourth issues  means, according LP3BH, the formation of a truth and reconciliation commission and the setting up of a human rights court in Papua. This is very urgent and pressing and requires the support both of the Indonesian Government and and the governments of the provinces of Papua and West Papua and the various legislative assemblies (DPRP and DRP PB) Why is this so? Because the  historic contradictions and the political identities between Papua and Jakarta all too frequently become the trigger for social-political conflicts  in the Land of Papua. It frequently happens that  when Papuans take action to express their political aspirations in the form of peaceful demonstrations or events held to mark the anniversary of Papuan independence day on 1 December or the anniversary of  the independence of the West Melanesian Republic on 14 December, these incidents become politicised by the state and treaed as criminal acts by the security forces (POLRI) with the arrest of activists of peaceful demonstrators who are then accused of MAKAR or of disturbing the public order and treated as a criminal act in accordance with the criminal code (KUHP).

The security forces frequently use violence amounting to human rights abuses  towards victims either in the form of physical violence or violation of their rights as guaranteed in the KUHAP – the criminal procedural code.

On the other hand, ever since the Act of Free Choice (PEPERA), gross violations of human rights  have been committed by the military against Papuan civilians who are killed, tortured or forcibly disappeared.  Anything between 500 and 1,000 Papuan civilians have been murdered, tortured, forcibly disappeared, and subjected to other forms of violence by members f the military forces (TNI) in virtually all the towns and cities  such as Jayapura, Merauke, Fakfak, Sorong, Manokwari and Biak. In Biak, a number of Papuans who work in the civil service as teachers, nurses, as well as people working for private enterprises, as well as those who worked during the Dutch period  in Serui, Nabire and Biak have been arrested and imprisoned for more than two years at the TNI naval base in Biak.

In addition, properties have been unlawfully and forcibly seized from homes and shops belonging to Chinese inhabitants by members of the armed forces, it being alleged that  they are assets owned by the OPM, which is used as justification. The civilian community in the Land of Papua have themselves felt how  the Indonesian military security forces  entered people’s homes and seized people’s belongings such as transistor radios, tinned food and drinks from The Netherlands All these things were confiscated by the Indonesian military apparatus in 1969 and taken off to Java.

All this has left feelings of bitterness and hatred among the civilian population in the Land of Papua going back many years, which are still being felt today. This is what the Rev. Benny Giay calls Memoria Pasionis.

According to the LP3BH, these matters should have been settled many years ago in accordace with international standards and basic human rights principles.

The LP3BH therefore makes the following demands:

1.    The Indonesian Government should pay attention to the political need to immediately set up a Commission of Truth and Reconciliation in implementation of Law 21/2001, as well as set up a human rights court in Papua.

2.   The provincial governments in Papua and West Papua  should immediately introduce regulations with regard to  the creation of the KKR, its composition, location, and its mode of operation as well as its funding.

3. The DPRP and the DPR PB should take the initiative and play a key role in efforts to set up the KKR and the human rights court in Papua as the  way to solve the social-political conflicts which have continued to persist  from 1969 up to the present day., which should be continued into the future but which have until now been regarded as matters of no importance, and about which nothing has at yet been done to comply with universal legal standards  and basic human rights.

Manokwari, 27 May 2011

LP3BH,
Yan Christian Warinussy, SH

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Benny Giay shocked by death of Agus Alua, calls for MRP inauguration to be postponed

JUBI, 9 Apil, 2011

The chairman of the Synod of the KINGMI Church Papua, Dr Benny Giay said that the sudden death of Agus Alue Alua has come as a great shock not only to his family but to all West Papuans.

Agus Alua, the rector of the Theology College of Philosophy and
Theology, was a member of the last Majelis Rakyat Papua and his death occurred just as the second MRP was about to be sworn in, against the background of much controversy. [It is known too that although Agua Alua had been proposed as a member of the new MRP, his name was excluded under pressure from the government.]

‘Because the Indonesian government saw Agus Alua as a threat, they were not happy about him being a member of the new MPR. In the midst of all this, he died which has shocked us all,’ said Dr Giay.

He said that Agus Alua’s views were known to be opposed by the
government who regarded him as a separatist, which is why they did not want him to be chosen as a member of the new MRP.

Asked about what may have led to his death, Giay said he had frequently come under pressure from many sides, sometimes through messages on his cell phone or through direct terror threats.

All this is very likely to have been because of the decision adopted by the MRP at a meeting in 2010 when they adopted eleven recommendations, one of which called for a referendum in Papua about the status of Papua.

He said that the death of Agus should be seen as a crime against the basic rights of the Papuan people and aganst their rejection of special autonomy.

Dr Giay said that despite his death, the government was going ahead
with the inuguration of the new MRP although many were calling for this to be postponed, at the very least until after the period of mourning for the loss of Agus Alua.

He also called for all those who have been appointed to the new MRP to boycott the inauguration. He was hoping in particular that all 40
members from the Central Highlands would boycott the inauguration, out of respect for Agus Alua who was also from the Central Highlands.

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Papuan churches call for dialogue mediated by third party

Bintang Papua, 11 March 2011

The leaders of a number of churches in Papua have called on the central government to hold a dialogue with indigenous Papuans, stressing that it should be mediated by a neutral third party and held without conditions.

A press release issued by Rev. Benny Giay of the KINGMI Church, Rev
Socratez Sofyan Yoman of the Alliance of Baptist Churches in Papua and the deputy chairman of the GKI Synod, Drs Elly D. Doirebo said:

We church leaders in Papua hereby announce to our congregations and to the general public that we have informed the central government about our rejection of OTSUS (Special Autonomy law) for two consecutive weeks (13-18 February and 28 Feb-3 March). We need to convey a number of important facts as follows:

First, the failure of OTSUS has been acknowledged not only by the
Papuan people but also by the executive and legislature of the central
government, as well as by foreign diplomats and civil society figures
who we met in Indonesia who have been paying close attention to the
development of the Papuan people.

A number of government functionaries who we met at the centre have
blamed government leaders in the Land of Papua as being responsible for the failure of OTSUS.

We do not believe that this is true. The failure of OTSUS reflects the
lack of political will and seriousness on the part of the central
government to do anything to promote the development of the Papuan
people. We made this clear in the Theological Declaration of Papuan
Churches on 26 January 2011 when we said that the central government has failed to promote the development and welfare of the indigenous Papuan people.

Second, bearing in mind that all sides recognise that OTSUS has failed, we continue to urge the government at the centre as well as in the Land of Papua to immediately announce that the swearing in of a second-term MRP will be abandoned because it lacks aspiration and has no firm legal basis. We regard the efforts now being made by the central and regional governments to set up a second-term MRP as arrogant and as a move to force through their will which can only intensify the conflicts between the Papuan people and the Indonesian Government.

Third, we continue to be guided by the people of the Lord who continue to urge the Indonesian government to hold a dialogue with the Papuan people facilitated by a neutral third party, without conditions.

We are well aware that the government of President Susilo Bambang
Yudhoyono was successful in the dialogue it held with the Acehnese
people and that the same can be achieved with the Papuan people.

Dialogue is the most dignified, peaceful and democratic way which has
been widely accepted by the international community as the model for the resolution of conflicts that have occurred in other parts of the country.

Fourth, we reject the creation of UP4B, the Unit for Accelerating
Development in Papua and West Papua, as well as all talk about
‘Constructive Communications’, the aim of which is to conceal the
failure of OTSUS and to obscure the Papuan people’s demand for dialogue.

There should be prior consultation with the Papuan people about all
measures taken by the state for Papua which should be the result of
agreement between the government and the Papuan people.

Fifth, We reject all acts of intimidation and violence perpetrated by
the state in order to silence freedom of expression and democracy in the Land of Papua, such as the stabbing of the journalist Banjir Ambarita.

We therefore urge the police to carry out a thorough investigation of
that stabbing incident and to proceed with the case through legal
channels, in order to give the victim as well as the community in
general in the Land of Papua a sense of peace and justice.

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PAPUAN CHURCHES: DECLARATION REGARDING FAILURE OF THE INDONESIAN GOVERNMENT IN GOVERNING AND DEVELOPING THE INDIGENOUS PEOPLES OF PAPUA

REGARDING FAILURE OF THE INDONESIAN GOVERNMENT IN
GOVERNING AND DEVELOPING THE INDIGENOUS PEOPLES OF
PAPUA

THEOLOGICAL DECLARATION OF CHURCHES IN PAPUA
Today on January 26th, 2011 we, Leaders of churches in the Land of Papua, along with Christian congregations, gather to declare our stance and position with regard to the state of government and its development policies pursued in the Land of Papua since annexation of Papua by the Unitary Republic of Indonesia, specifically with the introduction of the Law No. 21/2001 regarding the Special Autonomy for Papua.

As Churches, we are deeply concerned over the condition of our peoples, especially the indigenous Papuans, owners of this land, whose fate has been cornered to uncertainty amid development policies staged by the Indonesian Government in the Land of Papua. Such development policy is more characterized by physical structures/infrastructural development and to promote the interests of Indonesia in the Land of Papua.

The implementation of Special Autonomy for Papua has been inconsistent and inconsequent is a strong indication of insincerity of the Indonesian Government which led Papuans to view that OTSUS has FAILED. MRP, as a manifestation of the Special Autonomy with its members hastily selected and further exacerbated with the government’s ignorance of Ii point recommendations produced by the grand meeting of MRP (Papuan Peoples’ Assembly) itself, is therefore considered as an insult to the people of Papua, as people created in the image of God. The Churches also question the letter issued recently by the Minister of Home Affairs No, 188.341/1 l0/SJ regarding clarification pertaining to Special Regulation for Papua Province dated 13 January 2011 which further annihilate the right and existence of indigenous Papuans in their own motherland.

We see such situation as Kairos, a momentum for Churches to speak and express our stance and deep concerns in the form of the following Theological Declaration.

First, we are convinced that these processes repeat the same old process of annexation of Papua into Indonesia which is legally and culturally a flaw. The process of the Act of Free Choice (Pepera) in 1969 has been the root of problem on democracy and legality for the people of Papua. Ever since its integration into Indonesia, Papua has become a troubled territory under the authority of the Indonesian government.

Second, Papuans have undergone a ‘Silence history of suffering’ or memmoria passsionis leading to Genocide. The discourse of genocide has long been voiced by so many observers who are deeply concerned over the very existence of Papuans. The term genocide perhaps does not meet the criteria set forth by the UN, or other nations, or by Indonesia. But from our own view as victims, genocide is indeed taking place through the conditioning staged by Jakarta in the forms of ideology and development policies that are against the indigenous Papuans. Transmigration policy and unrelenting military operations are, in our view well-planned programs to eventually annihilate indigenous Papuans. Papuans are positioned as “the other” and as such warrant surveillance, control, and civilization. Papuans are not equal citizens of Indonesia. Some observers in Jakarta view this as an internal colonialism or disguised slavery against Papuans.

Third, we, churches of Papua acknowledge our own failures and sins for being silent for too long over demonic and destructive nature of the development policy and modernization on indigenous Papuans, which according to observers in Jakarta as internal colonialism and disguised slavery. Papuan churches have misarticulated the Scripture which states: “the government is the Lord’s representative on earth, worthy of respect.” Up until now, this has caused us incapable of playing our prophetic role.

Fourth, to respond to the challenges faced by Papuans, we, the churches are determined to return to our roots, to our Christian traditions, namely to the Scripture and church history. Thus, we view the sufferings of our Papuan people from the biblical perspective (Matthew 16:3b) “signs of times” and see it as theological and missiological challenges. This implies that the Lord is sending us, Papuan churches to His people who are traversing a dark history of suffering and oppression. It is therefore, as churches in Papua we want to hear to regularly raise questions and communicate with the Lord “what do you have in mind with regard to the behavior of those who indulge in disguised slavery against our people? Do you agree and applaud them?”

Fifth, consequently we want to view this critical position of churches in Papua in expressing the grievances of Papuans in the land of Papua is an integral part of our calling to spread the good News commanded by the Holy Scripture. The Scripture and church history are our basis for action. In this mission, the church is sent to shepherd the Lord’s people, keep the image of the Lord to be free from abuse (John 10:11; 21:12, 16, 19). As shepherds, we are obliged to listen to the voices of our sheep (congregation); in this light we raise our voice because “our life boat is drowning; the candle of our people is being put off in the name of development and territorial sovereignty.”

Sixth, with regard to development policy and current government administration, we hereby declare: (a) that the Indonesian government has FAILED to promote the welfare of indigenous Papuans especially since the Special Autonomy was passed. Therefore we urge the government to immediately halt the whole process of election of members of the MRP (Papuan People’s Assembly) taking place currently and respond to the 11 point recommendation made by the MRP grand meeting; (b) and as a solution, we urge the Indonesian government to open itself and hold a dialogue with indigenous Papuans to be mediated by a neutral third party; (c) we are appalled by the attitude exhibited by indigenous Papuan state officers who are ignorant of the rights of their own people.

Seventh, we urge our Papuan communities to stand up, to work on your own salvation, and express the truth before the present tyrant state authorities, who is on a rampage of internal colonialism, ethnic cleansing (genocide), and disguised slavery against your own Nation.

Eight, to our Papuan communities, in Indonesia, and anywhere else, do pray for us in solidarity to make us stand firm in embracing today’s challenges in Papua that are full of pain and tears.

End of this declaration.

Leaders of Churches in Papua

Signed
Elly D. Doirebo M.Si
Deputy Chairperson of Synod of Evangelical Christian Church of Papua

Rev. Dr. Benny Giay
Chairperson of Synod of Papuan Christian Church

Rev. Socrates Sofyan Yoman MA
Chairperson of Fellowship Papuan Baptist Churches



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Selection of MRP members should stop, say church leaders
			

				
Abridged in translation by TAPOL


Bintang Papua,11 January 2011


Given the growing concern about the implementation of Special Autonomy

(OTSUS) as reflected in the decisions of the Grand Assembly of the MRP

and the Papuan Indigenous People held on 9-10 June 2010, several church

leaders  have called on the Indonesian president, the governors of the

provinces of Papua and West Papua and the chairmen of the provincial

legislative assemblies to halt the process of selecting members of the

MRP (Majelis Rakyat Papua – Papuan People’s Assembly) until such time as

there are clear answers to the eleven recommendations that were

submitted to the provincial assembly (DPRP) on 18 June 2010, according

to a joint communique by the churches  The signatories  include the head

of the Evangelical Church, the GKI, Rev. Jemima Krey, the head of the

Kingmi church, Rev. Benny Giay, Rev. Socrates Yoman and the head of the

Pentacostal Church, Rev. Tonny Infandi.


The assembly held in June 2010 which was facilitated by the MRP was an

official forum representing the voice of the Papuan people, well within

the framework of the rule of law in Indonesia. On that occasion, the

Papuan people clearly expressed the view that  the OTSUS Law 21/2001 had

failed to result in any improvements in the living conditions of the

Papuan people which is why the Papuan people had returned the law to

Jakarta.


The handing back of the law to the two provincial assemblies occurred in

Jayapura and Manokwari on 18 June 2010, when a deadline of one month was

set for members of the asemblies  to hold plenary sessions to respond to

the people’s aspirations, but since that time, neither of the assemblies

had adopted any measures to respond to these demands.


The impression is that the the central government as well as the

provincial assemblies  are not in any way interested in taking any

action to improve the implementation of OTSUS, which is in direct

contradiction with the wishes of the  Papuan people.


The situation has been further aggravated by  current moves to set up a

new MRP, a body that has now been rejected by the Papuan people.


There is even the  impression that the central government via the

intermediary of the  United Agency of the Papuan Provinces, is about to

create a ‘puppet MRP’ within the framework of the OTSUS law that will be

incapable of granting protection and upholding the basis rights of the

indigenous Papuan people.


Church leaders regard the creation of such an MRP as being in serious

violation of the dignity of the Papuan people. The church leaders

therefore state the following:


Firstly, we respect the aspirations of the indigenous Papuan people as

declared in the decisions of the Grand Assembly on 9 -10 June 2010, that

OTSUS has failed and has been returned to the central government.


Secondly, that the central government and the provincial assemblies

should immediately stop all moves to  select members of the MRP until

such time as there are concrete responses to the results of the Grand

Assembly that were made public on 16 June 2010.


Thirdly, we call upon the governors of the Papuan  provinces to stop

ignoring the aspirations of the Papuan people and to sit down with the

people to hold comprehensive talks about Papuan aspirations in rejection

of OTSUS, democratically and in a spirit of justice.


Fourthly, we call on the central government to enter in dialogue with

the Papuan people so as to bring to an end the protracted legal and

political uncertainty  which has brought despair to the Papuan people

who we lead in this Land of Papua.


Fifthly, we reject all attempts or formulations that  spread confusion

about the demand for dialogue between the  Papuan people and the

government of Indonesia which has for many years been expressed by the

Papuan people.


Sixthly,  we urge the Indonesian government to stop all forms of

intimidation and terror and other repressive measures  that are aimed at

stifling critical opinions  from our community regarding development

that is now under way in the Land of Papua which has failed to respect

the interests of the common people.


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