Papuans enjoy none of the benefits from Freeport operations

JUBI, 2 April, 2011 

According to John Kabey, the chairman of KADIN, Indonesia’s Trade and Industry Chamber, Freeport uses all its corporate social responsibility funds for its own security needs.

‘They use it all to finance infrastructure for the security of their operations, including payments to the Indonesian armed forces,’ he said.

He was speaking to a group of Indonesian ministers to report on the results of a KADIN seminar.

He used the same occasion to declare that  Freeport operations in Papua for the past more than thirty yeara have nothing to improve the living conditions of the  Papuan people. He said that Freeport operations have only led to  friction and conflict between the  Papuan people because  the various clans with rights to the land used by Freeport are still in onflict with each other.

Kabey said that the central government should not use Freeport as an economic resource, in particular because the financial benefits from the company all flow to the central government while those living in the vicinity of the company enjoy none of the benefits.

[COMMENT: The copper and gold reserves currently being mined by Freeport are deemed to be the largest reserves in the world, while Freeport’s operations have transformed a huge mountain into a deep crater and tailings have poisoned the nearby rivers, depriving Papuans who once lived in the area of the basic source of their livelihoods. TAPOL]

Charges against two Papuan defendants at variance with other court documents; also, statement by Warinussy

JUBI, 31 March 2011 

The formal indictment presented in court against Mecky Bleskadit and Dance Yenu who are facing the charge of unfurling the 14-star flag  in Manokwari last December is at variance with the verbatim report submitted to the court by the police.

A member of the legal team of the defendants, Simon Richard Banundi, said that the charge sheet  does not reflect the contents of the interrogation report which provides a chronological account of the police arrest and they intend to make a formal complaint about this when they submit their demurer (eksepsi) at the next hearing of the case on 5 April.

Banundi said that the two defendants were facing charges under Article 106  of the criminal code for makar and they are also accused of being separatists. The charge sheet also makes reference to Articles 107 and 110 for alleged provocation of a large number of people. After the indictment was read out, the hearing was adjourned and will continue on 5 April.

Yan Christian  Warinussy, co-ordinator of the defence team, later told the press that  when submitting their demurer, he would deal at length with the continuance in force of the makar article and the other articles used in the charge sheet. These articles are being used to silence Papuan activists whenever they give expression to their aspirations and can even result in their ending up behind bars.

The two defendants along with five others were involved in an incident when they unfurled the 14-star flag to commemorate the anniversary of the declaration of West Melanesian independence on 14 December 2010 in Manokwari, West Papua.

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In a statement issued on the following day, the co-ordinator the defence team, Yan Christian Warinussy said that even though articles 102, 106, 108 and 110 can be described as being ‘karet’ (highly flexible), they have been used since the days of President Sukarno and up to the present era of reformasi. to silence people holding  views contradictory to those in power and are still being used by elements within the judiciary and including the police, against people calling for democracy in the Land of Papua as well as in Maluku and Aceh.

He said that the activities that had been undertaken by the two defendants last December had led to charges of makar whereas what they had done should not be seen as makar or separatism. Makar should be seen as an act involving armed violence  or violence. Can the expression of people’s aspirations  such as unfurling the 14-star flag or the Morning Star flag (kejora), or singing the song, Hai Tanahku Papua be branded as makar or separatist?

The government should stop using these articles and there should be a judicial review and an end should be put to using these articles to silence democratic actions in the Land of Papua.

A movement must be launched to call for a judicial review of the makar article must secure the support of all components of society as well as the local governments of Papua and West Papua.

Call for judicial review of makar article

JUBI, 31March 2011 

‘Makar’ should be tested before Constitutional Court

Yan Christian Warinussy, the executive director of LP3BH, the Instituteof Research, Analysis and Development for Legal Aid, has called on the Dewan Adat Papua, the Papuan Customary Council, to submit the ‘makar‘ -subversion – article in the Indonesian Criminal Code/KUHP to the Constitutional Court for a judicial review.

‘I call on DAP together with the Papuan people to seek a judicial review of the makar article before the Constitutional Court because it  is no longer appropriate for such a law to remain in force in a democratic country like Indonesia. ‘Other democratic states around the world don’t have such a law,’ he said, ‘because it is so out-of-date.’

He said that this should be recognised by all components of Papuan society, including DAP and should be tested by a judicial review.’

If this article continues to remain in force, the police will be able to make use of it to arrest Papuan activists when they give expression to their political aspirations to the government. This includes rejecting the special autonomy law and calling for dialogue as the way to resolve the Papuan issue and various other problems in Papua.’

This article can also be used by prosecutors and judges to convict Papuan civilians and activists when raising problems that they confront. ‘In my opinion, this article will continue to be used  to round up and imprison indigenous Papuans whenever they give voice to their aspirations.

He said that the police continue to use articles 106 and 107 of the criminal code on subversion and incitement to detain Papuan activists whenever they raise any problems in Papua, he said.

Tunisia… Egypt… Libya… Let’s look closer to home

by Daniel Scoullar

originally appeared at http://www.onlineopinion.com.au

The mass uprisings in Tunisia, Egypt, Libya and other nearby countries have put despotic rulers, human rights abuses and self-determination into our nightly news bulletins and daily conversations in a way that happens very rarely.

The seemingly contagious way these movements for freedom have spread from country to country makes them particularly fascinating, but there is another reason why they have captured the public imagination. It’s because Australians recognise the ‘fair go’ principle, which can also be put in terms of the human right for every person to be safe from harm, to have control over their lives and to have a say in how their country’s run – regardless of whether they live in Bundoora or Benghazi.

In turn, many of us would also be surprised to hear that we have state sponsored violence and political exclusion much closer to home. They would be further surprised to hear these abuses are taking place within Indonesia, a case study for positive social, economic and political reform.

Despite holidaying in Bali, seeing Jakarta on the news or even watching a wildlife documentary shot in the Sumatran jungle, you could be excused for never having heard of West Papua. It comprises the western half of the island of New Guinea (the eastern half belongs to Papua New Guinea) and a collection of small islands.

West Papua’s landscape is one of tropical islands, coconut strewn beaches, impenetrable rain forests and rugged snow capped mountain peaks. It is home to around three million people, including some of the last remaining humans still untouched by the modern world.

West Papua’s modern history is marked by exploitation and resilience. Colonial explorers claimed it as Dutch territory in the 1600s, the Japanese and Americans made it a key battleground of World War II and the newly independent Indonesian nation invaded and forcibly occupied the territory in 1962, just 13 years before they would do the same in East Timor.

In the 50 years since then, West Papua has been ruled as a country-apart within Indonesia. This is somewhat ironic given West Papua is physically, culturally and historically separate from the rest of Indonesia. Its traditional ties run east and south to Papua New Guinea, Melanesia, northern Australia and the Pacific.

Where military and police abuses were curtailed elsewhere, they were encouraged in West Papua. While ‘unity in diversity’ was the national motto, West Papuan traditional culture was violently suppressed and almost a million ‘transmigrants’ were shipped in and given the reigns of local government and the economy. Even as the post-Suharto human rights reforms resulted in greater freedom of speech for those in Jakarta, incarceration or death are still the standard penalties for raising the Morning Star flag in West Papua. An estimated 100,000 local people have been killed during the occupation.

In 2007 I travelled from East Timor through Indonesia, West Papua and Papua New Guinea on my way back to Australia. My lasting memories are of friendly West Papuans inviting me into their homes to practice English with their children and heavily armed military personnel/police stopping me in the street for seemingly random questioning. When I returned to Melbourne, I met members of the West Papuan refugee community here and learned more about the extent of the abuses taking place in their homeland.

A recent example captured on video and shared on the internet, shows two Papuan men being cruelly tortured by security forces, including one having his genitals burnt. Other examples include activists being shot at demonstrations – or just disappearing. Local prisons are full of political prisoners who have committed no crime other than raising their voice.

It is also important to differentiate this critique of state sponsored human rights abuses and a lack of self-determination from a more general attack on Indonesia as a nation or its culture.

As someone who speaks Indonesian moderately well and has lived and travelled in the region, I know first hand the beautiful diversity within Indonesia’s awe inspiring 17,500 island archipelago. The majority of its 240 million people are not disputing their place in this nation state and democratic, social, economic and political progress continues in most areas.

Nevertheless, acknowledging Indonesia’s strengths is not the same as writing a blank cheque to the worst elements within its military and government. After 24 years of silence, Australia finally found the moral and political strength to take a stand on behalf of the East Timorese people and this is what is needed again, not just from our Prime Minister Julia Gillard, but from other world leaders within our region and right across the globe.

We all know that international diplomacy can be a dirty business where economic and political interests take precedence over doing what is right. We should acknowledge that it is politics and economics that are the key barriers blocking the Australian government from advocating on behalf of the West Papuan people. There is no easy villain such as Muammar Gaddafi to hold up as a symbol of evil. It’s more complicated than that.

International diplomacy can also be a powerful force for improving lives. While East Timor remains poor, I didn’t meet a single person there who wanted to go back to Indonesian rule. Australia is a regional leader, particularly in the areas of good governance and human rights protection, and we should not shy away from this role. We have the power to make a difference in West Papua and, in turn, we carry the corresponding responsibility to do so.

If we simply cast our gaze to distant parts of the world, where people are paying with their lives for basic freedoms, we will overlook those closer to home paying with their own lives for those same freedoms.

PRP calls for release of nurses

JUBI, 29 March 2011

PRP calls for release of nurses

In a statement issued today, the Working People’s Association, the PRP, has called for the release of nurses arrested in Abepura, West Papua.

‘When working people demand a decent living, the neo-liberal regime
responds by arresting them.This is happening everywhere in Indonesia and on this occasion in Jayapura. Nurses working at DokII General Hospital have been under arrest for calling for the payment of incentives which they have been demanding since January 2010,’ said the PRP.

According to the PRP, this criminalisation of working people for demanding better living conditions is happening not only in Papua.
Working people elsewhere in Indonesia are also experiencing the same
thing. This is being done in order to silence the demands of the working people and to thwart the rights of working people to organise themselves.

It went on to say that union busting is happening on a grand scale
across the country, a sign that the the neo-liberal regime is scared
when working people organise themselves and demand their rights.
Measures to thwart the right of assembly and the right to organise or
even to organise demonstrations in happening in many parts of the
country, such as for example the district of Bintan.

The statement which is signed by the national chairman and the
secretary-general of the PRP makes the following demands:

1. Release the DokII nurses who have been arrested by the police because they organised a strike.Charging them with incitement is pure fantasy on the part of the police.

2. Working people throughout Indonesia should resist these efforts to
silence trade unions and organisations.

3. New forces need to be built by all sections of the working people in
Indonesia in opposition to the neo-liberal regime.

4. Capitalism and neo-liberalism have failed to improve the living
conditions of the people. Only socialism can bring prosperity to the people.

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