KNPB: Police Chief’s Statement Has No Legal Basis

April 3,2012

by Arnold Belau for SuaraPapua.com

PAPUAN, Jayapura — The statement made by the Papua Regional Police Chief via the Deputy Regional Police Chief Brig.-Gen. Police Paulus Waterpauw in several media outlets on Tuesday (3/4), requesting that the Chair of West Papua National Committee (KNPB – Komite Nasional Papua Barat) Buchtar Tabuni take responsibility for protest action that was organized by KNPB on Monday (2/4), is evaluted to be without sound legal basis, and very premature.

 

This position was affirmed by KNPB (Vice-)Chair I, Mako Tabuni, who issued a statement to journalists at Prima Garden Café, Tuesday (3/4) in Abepura, Jayapura, Papua. In his statement, Mako clarified a few issues underlying KNPB’s rejection of the Police Chief’s reaction, given that from the start the Papua Regional Police failed to issue a letter acknowledging receipt of the notice for the action that was submitted by KNPB well in advance of the day of the demonstration.

“Papua Regional Police refused and did not issue a a Notice Receipt Letter, whereas we organized a peaceful demonstration featuring Papuan arts and culture, without violating the law of the Unitary Republic of Indonesia (NKRI – Negara Kesatuan Republik Indonesia), said Mako to journalists.

“Arrows and spears are part of the Papuan nation’s cultural toolkit, and even this was clearly stated in our notice letter to the Regional Police, so how does it make sense for them to see demonstrators carry these objects and then to ask KNPB to take responsibility?” said Mako.

According to Mako, since decades ago the legal system of NKRI has occupied the Papuan nation, and this is a form of modern colonization which the Papuan people know and understand.

For this reason, Mako continued, KNPB is legally guaranteed the right to demand a referendum in the land of Papua, because the presence of the Indonesian government in Papua does not accord with international principles and standards from a standpoint of law, human rights and democracy.

Because, continued Mako, “From 1961 to 1969 the status of the territory of Papua was included in the United Nations’ decolonization category”.

Mako also denied that by calling the Chair of KNPB the mass actions in Papua will be stopped.

“Go ahead and call the Chair of KNPB, or even decide not to issue a demonstration permit to KPNB, but we will still mediate the people of West Papua to convey their demands and actions by other means”, stated Mako who has in the past been a political prisoner.

Mako also regretted the coverage in a number of mass media outlets, which is consistently biased in its perspective, and always judges each demo action negatively.
“Coverage like that harms KNPB, and harms the people of West Papua, so we invite media in Papua to show some consideration”, asserted Mako hopefully.

Previously, yesterday, Monday (2/4) a mass of thousands responded to the KNPB call for a peaceful demo action to show support for the Nieuw Guinea Raad conference and launching of the Netherlands branch of IPWP (International Parliamentarians for West Papua) which took place Wednesday (5/4).

This event was coordinated by the Free Papua activist in Britain, Benny Wenda, and a group of international lawyers who are members of IPWP, with a number of Netherlands Parliament members in attendance.

ARNOLD BELAU

Buchtar Tabuni will be held responsible for demos calling for a referendum

Bintang Papua,
2 April 2012

Jayapura: Instead of holding one demonstration as had been planned by the the KNPB (National Committee for West Papua), they held two demonstrations in two different places. One took place in Taman Imbi while the other took place in Abepura. The deputy police chief, Brig.General Waterpauw said that they would hold Buchtar Tabuni responsible for these demonstrations. ‘The police will hold Buchtar Tabuni responsible for this because he was the co-ordinator of the demonstration held by  the KNPB which proceeded in violation of the agreement that they would only hold one demonstration in one place, in Taman Imbi,’ said Waterpauw.

He said that thousands of KNPB supporters had taken part in the demos in two places. In addition, he said, they were carrying a variety of weapons such as arrows, knives and spears, which had spread fear among the people.

Asked whether he intended to summon Tabuni, he said this was not yet clear but the matter would be attended to as quickly as possible.

The demos caused traffic jams as many main roads in the town centre were closed off.

Thousands of supporters of the KNPB held a demonstration in front of the post office in Abepura as well as near the traffic lights by the Abepura police office on Monday, 2 April. The demonstrators called for a referendum and urged the Indonesian government to recognise the Federal State of West Papua. The demonstrators also welcomed the establishment of International Parliamentarians for West Papua by Benny Wenda, a Papua who has  been living for a long time in The Netherlands. The IPWP will be formally set up in a parliament to support the Papuan struggle and for West Papua to secede from the Indonesian Republic.

[The report then goes into great detail about how the demonstrations proceeded in different parts of the city.]

Speaking to the crowds, Buchtar Tabuni said: ‘This demonstration is an action to express the KNPB’s support for the establishment of the IPWP in The Netherlands.’ He apologised to shopkeepers who had closed their shops along the roads where the demonstrations took place.

The chairman of the KNPB  also explained that  they were wearing traditional dress and carrying traditional weapons to show to other people (ie non-Papuans) that we have our own identity.

‘Today, the West Papuan people will determine their own future which is why the KNPB has held a peaceful demonstrations with our own cultural attributes and in support of the establishment of the IPWP.’ He went on to say that  the Regional People’s Parliament had set up commissions  and said that the most effective weapon of all was the strength of the West Papuan people to confront the colonial power, the state of Indonesia.

‘The  Papuan people have set up their own political institutions and have asked the government of the Netherlands to place the issue onto the agenda of the United Nations.

He said that West Papua will get its freedom and this must be recognised by the international community so that we, the Papuan people, can determine our own future on the basis of one principle: it is better for us to be struck down  in defending the people of West Papua than being struck down at the hands of Indonesia, the colonial power.

He said that West Papua had been incorporated  into the Republic of Indonesia in a process that violated international standards, in conflict with the principles of the rule of law and international human rights. The countries responsible for this were the USA, The Netherlands and Indonesia as well as the United Nations, in pursuance of their own economic and political interests.

‘This is why were firmly declare that the West Papuan people will devote all their energies to holding a referendum , to establish political institutions that  conform with the wishes of the people of West Papua and we call on the Dutch government to speedily take the issue back to the United Nations.’

[The report then gave the names of 21 local Papuan organisations (PRD) the chair-persons of which had signed the statement issued by Buchtar Tabuni and said that all the leaders of the KNPB took part in demonstration.]

Meanwhile units of the police and Brimob in armoured vehicles and armed with a variety of weapons stood on guard in various points places near the DPRP office and in Taman Imbi.

Many people left their offices for home earlier than usual and discussions were taking place between members  members of the DPRP.

Hundreds of people had blocked the roads causing big traffic jams .

[Abridged  translation by TAPOL of a very long article that appeared in Bintang Papua.]

Thousands cram gravesite of Theys to support IPWP

West Papua flag

March 8, 2012

by West Papua Media with local sources

Several thousand people crammed the grave site of murdered independence hero Ondofolo Theys Eluay on March 7, to hear resolutions from the Pacific regional Feb 29 launch in Canberra of the International Parliamentarians for West Papua (IPWP).

Organised by the West Papua National Committee (KNPB), the gathering passed without hindrance by security forces, despite reports from participants that several heavily armed units of the Indonesian army and police were shadowing the mass of demonstrators as they conducted a converging Long March from the Waena UNCEN student dormitories, Abepura, Kotaraja, Kamkey and surrounding areas.

The gravesite of the revered Chief, the former Papuan Presidium leader assassinated by Indonesian Kopassus officers in 2001, is the traditional site for mass rallies for self-determination in West Papua, guaranteed access to the land in perpetuity by the family of Theys Eluay.  Indonesian-owned businesses and commercial development is gradually surrounding the gravesite amidst a perceived strategy by Indonesian authorities to block access to what has become a sacred site to West Papuan people.

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The Voice of Papua independent media reported KNPB spokesman Buchtar Tabuni telling the gathered crowd that “all the people of Papua and Papuan students in Australia have joined in the launch event in Australia for IPWP-Pacific, and have come to talk about self-determination for the people of West Papua.”

“Whatever the risks, we are the children of West Papua, would bet ourselves to this struggle.  This is how it is in our land of West Papua,” said Buchtar.

The rallies dispersed peacefully without incident.

 

AHRC: Authorities refuse to treat political prisoner with tumour

January 27, 2012

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-008-2012

ISSUES: Indigenous people; inhuman and degrading treatment; prison conditions

The Asian Human Rights Commission (AHRC) has received information regarding the condition of Kimanus Wenda, a political prisoner at Nabire prison, Papua, who has a tumor in his stomach and must be operated on. Although Indonesian law clearly notes that it is the state’s obligation to provide medical fees, the Papua legal and human rights department is refusing to pay for Mr. Wenda’s surgery due to a lack of funds. Moreover, the goverment is now claiming that Mr. Wenda does not require surgery, although local activists found the opposite to be true.

CASE NARRATIVE:

According to the information received from KontraS, ALDP and SKPHP, on April 4, 2003, at around 1am, there was a burglary at 1702/ Jayawijaya Wamena military district staff headquarters armory.

Eight perpetrators were arrested in connection to this theft: Yafrai Murib, Numbungga Telenggen, Enos Lokobal, Linus Hiluka, Kanius Murib, Kimanus Wenda, Des Wenda and Mikael Haselo. On January 15, 2004, according to the verdict declared by the Wamena district court, all the victims were found guilty for rebellion under articles 106 and 110 of the Criminal Code. Yafrai Murib and Numbungga Telenggen were sentenced to lifetime imprisonment, while the others were sentenced to 20 years imprisonment. Civil society considers this verdict to not be based on legal facts.

Since 2010, Mr. Wenda has had a tumor in his stomach and is constantly vomiting. He informed the health staff at Nabire prison but was not given any adequate response. On February 2, 2011, the Nabire hospital issued a reference letter regarding Mr. Wenda’s sickness and the need for him to be operated at Jayapura hospital. Two days later, Mr. Wenda’s legal counsel sent a medical leave letter to the head of Papua’s regional office of law and human rights and the head of Nabire prison, but received no response. On September 19, SKPHP met the head of Papua legal and human rights department but the department said it has no money and thus cannot pay for Mr. Wenda’s operation. This violates Indonesian law under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, which states that it is a state obligation to provide medical fees and treatment. While civil society is now gathering funds to pay for the operation in Jayapura hospital, it is not yet enough.

Furthermore, on December 16, at the hearings between KontraS and the ministry of law and human rights, the staff of Nabire prison said that based on their report and the statement of the prison chief, Mr. Wenda was seen playing volley ball in prison and therefore his stomach tumour is not dangerous and does not need to be operated in Jayapura hospital. However, on December 21, when local activists brought Mr. Wenda to be examined at Nabire hospital, John, the surgery doctor who examined Mr. Wenda, stated that the tumour is severe and should be operated as soon as possible. The government denial to treat Mr. Wenda has resulted in much civil society concern about his safety.

ADDITIONAL INFORMATION:
The AHRC has recorded that political prisoners, especially in Papua, face ill-treatment and torture in prison, as in the case of Fendinand Pakage, who was tortured by a Abepura prison officer in 2008, resulting in permanent damage to his right eye, and in the case of Buchtar Tabuni in 2009, also beaten and tortured by a Abepura prison officer. Political prisoners’ rights are bare fulfilled, especially the right to health, as seen by Filep Karma, who was neglected at Dok II Jayapura hospital although his ureter should be operated.

Furthermore, on August 28, 2007, Mikael Haselo, a political prisoner arrested and charged in the same case as Mr. Wenda, died after being treated at Bayangkara hospital, Makasar, South Sulawesi, due to the complication of some diseases, such as cough, enteritis, bronchitis and lung inflammation.

for suggested actions please visit http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-008-2012

Buchtar Tabuni released from prison

Buchar Tabuni was released from Abepura prison on August 17 in Jayapura, West Papua. He was imprisoned after taking part in a peaceful demonstration in October 2008 supporting the launch of the International Parliamentarians for West Papua (IPWP) in the UK Parliament.

Many other political prisoners remain in prison, including Filep Karma, serving 15 years for raising the banned Morning Star flag.

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More to come.

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