Tag: civil resistance

AMNESTY INTERNATIONAL: End criminalization of peaceful political activities in Maluku

AMNESTY INTERNATIONAL
Public statement

AI Index: ASA 21/017/2010
19 August 2010

INDONESIA: End criminalization of peaceful political activities in Maluku

The decision to charge at least 22 political activists in Maluku for “rebellion” once again highlights the failure of the Indonesian government to distinguish between armed groups and peaceful political activists. Amnesty International urges the Indonesian government to release immediately and unconditionally the activists, who are all men, if they have been arrested solely for their peaceful political activities.

On 13 August 2010 the Maluku police announced that they were planning to charge the political activists with “rebellion” against the state (makar) under Articles 106 and 110 of Indonesia’s Criminal Code (KUHP, Kitab Undang-Undang Hukum Pidana). The police pointed to evidence which included possession of dozens of “Benang Raja” flags, a symbol of the South Maluku independence; Republic of South Maluku (RMS) membership cards; and photos and stickers of the independence flag.

According to local sources, the activists were planning to use the visit of Indonesia’s President, Susilo Bambang Yudhoyono, to Maluku in early August as an opportunity to disseminate materials related to alleged human rights violations there, including posters calling for the release of political prisoners in Maluku arrested for their peaceful political activism.

Amnesty International is also concerned about their safety in custody, as detained political activists are known to have been tortured and ill-treated in Maluku. The authorities must ensure that the men are allowed access to legal counsel of their choosing, their families and any medical treatment that they may require.

Background

The Republic of South Maluku (RMS), an armed pro-independence movement, officially ended in Maluku with the execution of its leader by the Indonesian authorities in 1966. However, some villagers continue to raise the “Benang Raja” flag there as a peaceful political act of protest against the central government.

Amnesty International has documented dozens of arrests in past years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Maluku and Papua.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or other political solutions.

The rights to free expression, opinion and peaceful assembly are guaranteed under the Indonesian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. While the Indonesian government has the duty and the right to protect life and to maintain public order within its jurisdiction, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

In June 2007, 22 political activists in Maluku province were arrested for unfurling the “Benang Raja” flag while performing a traditional “Cakalele” dance in front of the President. After their performance, the police, particularly the anti-terrorist unit Detachment-88, detained all 22 of the dancers. They were tortured or otherwise ill-treated, charged with “rebellion” under Articles 106 and 110 of the Indonesia Criminal Code and are serving sentences of between seven and 20 years’ imprisonment. Amnesty International considers them to be prisoners of conscience. A twenty-third dancer, also a prisoner of conscience, was arrested in June 2008 and sentenced to four years’ imprisonment in March 2009.

ENDS/

Public Document
****************************************
For more information please contact Amnesty International’s press office in London, UK, on +44 20 7413 5566 or press@amnesty.org

Amnesty International, 1 Easton St., London WC1X 0DW, http://www.amnesty.org
For latest human rights news view http://news.amnesty.org

—

News from Papua: Filep Karma refuses offer of remission; Census time: huge increase in population of Papua

Articles from Bintang Papua, 17 August 2010
Abridged in translation

While prisoners everywhere will await anxiously for the moment when they
may receive remission of their sentence, this is not the case with a
prisoner charged with ‘makar’ (treason).

Filep Karma (who is serving a 15-year sentence) has once again rejected
the government’s offer of a remission. He made his decision known in a
two-page letter addressed to the minister for law and human rights,
Patrialis Akhar.

At a place in the prison where he was able to make contact with
journalists, he said that he rejects all offers of remission.

‘I consider that I am not guilty of anything. The mere expression of my
democratic rights is not allowed. Yet, in Jakarta, when someone sticks a
photo of the president on the backside of a buffalo, this is not
considered to be a crime.’

He said he would also refuse any offer of clemency.

In the opening paragraph of his letter copies of which are addressed to
26 other addressees including the Indonesian president and Amnesty
International, he said:

‘I, the undersigned, declare in full consciousness of what I am doing
and free from any pressure from any quarter, that I have rejected the
efforts by the government since 2005 to grant me remission by the
department of law and human rights and I shall do so into the
foreseeable future for as long as I continue to have the status of
political prisoner conferred by the Republic of Indonesia.’

He went on to say that this was being done as an act of protect against
all manner of actions by the authoritiesof the Republic of Indonesia in
violation of the Pancasila philosophy and the 1945 Constitution.

As is known, the national day 17 August is always an occasion for the
authorities to grant remission, and on this occasion, it included the
release of fourteen convicted prisoners being held in Abepura Prison
while 115 prisoners were granted remissions of between two and six months.

The remissions were granted in a ceremony led by the law and human
rights minister and the deputy governor of Papua, Alex Hasegam when the
remission letter was given to each of the prisoners in question.

On the same occasion, one prisoner, Filep Karma, who was neatly
dressed, managed to come forward holding a morning star flag in his
hand. But this had nothing to do with being granted remission; it was to
move a sack of garbage to a truck.

—————————–

Huge increase in population of Papua

The population of the province of Papua has now reached 2,851,999, which
represents a far greater percentage increase than the national increase
of 1.49 percent.

[The report in BPapua refers throughout to the ‘province of Papua’,
presumably meaning this this does not include what is now the province
of West Papua.]

This was announced by the head of the Statistics Bureau of the province
of Papua who said that this was still a provisional announcement
because there would be further announcements about the composition of
the population including ethnicity, migration as well as the number of
births and deaths.

Another official of the bureau said that the huge increase was partly
due to having started from a low base, so the percentage increase
appears to be very high. In addition, he said, the census in 2000 was
far from being complete because the political situation at the time was
very tense, with on-going demands for a referendum and independence for
Papua, with the result that some districts were unable to carry out the
census.

He said that the number of males was in excess of the number of females,
with a recorded difference of 13 percent.

The place with the greatest densisty is Jayapura with 278 persons per
square kilometre followed by Biak with 58 persons per square kilometre..
Mamberamo has the lowest density of all, with only one person per square
kilometre.

[Comment: We can only await the promise of more detailed information
about the ethnic composition of the population, bearing in mind the
reported regular arrival of in-migrants from other parts of Indonesia.
It could very well be that the point has been reached at which Papuans
now account for a minority of the inhabitants, a trend that can only
increase with the recent launch of the MIFEE project in Merauke. TAPOL]

AIIA ACCESS 'West Papua's Search for Self-Determination' – Dr Scott Burchill and Herman Wainggai

http://blip.tv/file/4012065

Enjoy the viewing of parts 1 & 2 of the AIIA ACCESS ‘West Papua’s Search for Self-Determination’

Many thanks again to Dr Scott Burchill and Herman Wainggai for speaking, and of course the AIIA Victoria for hosting this event amid the diplomatic controversy.


Dr Scott Burchill


Herman Wainggai, WPNA

Part 1 | Part 2
At this Australian Institute of International Affairs event – which Indonesian Government officials tried to stop – political commentator and academic Dr Scott Burchill and West Papuan organiser Herman Wanggai talk about West Papua’s fight for self-determination.
The Indonesian province of West Papua has witnessed a struggle between Indonesian security forces and West Papuan resistance fighters since the 1960s. Tensions remain high today because of the cultural distinctiveness of the Melanesian Papuans, repression by the Indonesian military which observers have likened to the force once used against the East Timorese, and the richness of the province’s resources base. Burchill argues that Australia’s lack of concern is an ongoing effect of the Jakarta lobby’s discredited argument about the fragility of Indonesian territorial integrity, which continues to trump human rights concerns.
Melbourne, August 2010

Vanuatu's sellout to Indonesia disappoints West Papua at PIF

Opinion

August 17, 2010

Peter Woods

The conclusion of the Pacific Islands Forum has left a great sense of disappointment. There was every reason to think that Vanuatu would be the prominent voice in the forum for the West Papuan demand for a seat at the table. As recent as June 19 the Vanuatu Parliament passed a motion to bring the matter of West Papua to the UN this year.

All the public reports leading up to the forum, and the private assurances to the lobbying being done by the Vanuatu Free West Papua Association even up to the Prime Minister, gave every indication that West Papua  would be high on the agenda, and even that the representative West Papua delegates would at least be given observer status.

In his opening speech, incoming forum chairman Vanuatu Prime Minister Edward Nipake Natapei, said: ‘‘We need to be talking much more about how we can bring hope to the Pacific citizens who are struggling to find employment; who are without political freedom . . .’’

What happened? Nothing. Silence. No delegate raised any matter publicly concerning West Papua. All the talk was that politically, the matter of Fiji dominated, and that this shut down any further debate about West Papua. Three questions arise from this: Is this the real reason why West Papua was not promoted? If not what was the reason? Does this failure mean that Vanuatu’s sponsorship is now a lost cause for the West Papuan independence movement?

The real reason West Papua became the elephant in the room at the forum is that Natapei is obviously under great pressure from foreign powers — especially Australia, Papua New Guinea and Indonesia. Australia continues to advocate the territorial integrity of the Indonesian republic and the necessity of Special Autonomy working for West Papua. Australia is also the major development donor for the country, and that must come with some loyalty tag.

PNG, together with Solomon Islands, supports Fiji, contrary to Vanuatu who is taking the Australian/New Zealand stance. Indonesia, for its part, is increasingly muscling into the Pacific – it just supplied Vanuatu with new uniforms for its police force, and increased its presence from the usual six to 48 members at the most recent forum. These came in two waves, on August 1 and August 5, the last delegation including a West Papuan, Dr Felix Wainggai, an adviser to Indonesian President Susilo Bambang  Yudhoyono on development on East Indonesia.

This probably proved too much fire-power for the Vanuatu PM, who afterwards on radio claimed that his silence on West Papua was due to procedural matters to do with the Melanesian Spearhead Group.

Another angle on Vanuatu’s silence may have to do with the internal or external manifestations of the West Papuan independence groups themselves. A delegate to the PIF told Jacob Rumbiak, foreign affairs spokesman for the West Papuan National Authority (WPNA) and myself that the perception from inside the Vanuatu Foreign Office is that the West Papuan independence movement is still divided.

The reality on the ground, however, is that there is a growing consensus from among the majority of activist groups, and more importantly between the Presidium and the WPNA — the transitional government increasingly recognised across West Papua as a credible political next-step to the current frameworks within West Papua.

The ire has been raised, however, of the pro-West Papua council of chiefs and various members of the coalition. They see this as a cave-in and Natapei and his government may not last.

All may not be lost then regarding Vanuatu’s advocacy role for its Melanesian fellow countrymen in West Papua. PIF 2010 may prove a Pyrhhic victory for the countries leaning on Vanuatu. The groundswell of opposition is rising within Vanuatu.  This will either galvanise the Natapei government or replace it with a coalition really dedicated to proceed on the West Papuan issue. Vanuatu’s reluctant neighbours could indeed end up with a little mouse that is roaring in the Pacific.

Peter Woods spent five years in West Papua from 1978 to 1983.

Open Letter to President of Indonesia on Papuan Political Prisoners

*c/o PO Box 21873
Brooklyn, NY 11202 USA
*etan@etan.org

August 16, 2010

Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail

Dear President Yudhoyono:

As Indonesia’s National Day on 17 August approaches, we the undersigned non-governmental organizations engaged in the defense of human rights in Indonesia are deeply concerned that dozens of Papuans are incarcerated in prisons in Papua and West Papua simply for having been involved in non-violent demonstrations or expressions of opinion.

In most cases, these prisoners have been sentenced under Criminal Code Articles 106 and 110 regarding “rebellion.” These articles are a legacy from the Dutch colonial era and are in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”

Moreover, Articles 106 and 110 are inconsistent with your country’s
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the
ICCPR (article 19) notes that these rights are subject to certain
restrictions “for the protection of national security and of public
order or public health or morals,” the 1995 Johannesburg Principles on
National Security, Freedom of Expression, and Access to Information
identify clear standards for application of national security
restrictions. These Principles provide that persons should not be
restrained for expressing their opinions. Governments should only take
action against such expression of views on the grounds of national
security if they can demonstrate that they would incite acts of imminent violence. The prosecution of the aforementioned Papuan political prisoners has offered no evidence of any such threat of imminent violence in association with their physical or verbal actions.

While we strongly believe that none of these prisoners should have been prosecuted in the first place, we are also deeply concerned about the disproportionately harsh sentences imposed on these political prisoners given their non-violent acts. One prisoner arrested in 2004 and charged under these articles is serving a 15-year sentence while others have been given sentences of three or four years. Moreover, there have been alarming reports of maltreatment of the prisoners by prison warders and the lack of essential medical facilities. In one case, a prisoner with a serious prostate disorder had to wait eight months before being allowed to travel to Jakarta for essential treatment recommended by the local doctor. Severe Beatings of prisoners and detainees are frequently and credibly reported.

We the undersigned have on a number of occasions welcomed the democratic progress in Indonesian since the fall of the Suharto dictatorship, inspired by the Indonesian people. We recognize that this progress had been achieved despite frequent threats by the as yet unreformed Indonesian security forces.

In view of the tradition to mark Indonesia’s National Day on 17 August
by announcing the release of prisoners and bearing in mind the
restriction on essential freedoms such as those contained in Articles
106 and 110 of the Criminal Code we respectfully call on you to mark
this year’s celebrations by:

* releasing all Papuan political prisoners, including those already
convicted and those waiting trial;

* securing the deletion of Articles 106 and 110 of the Criminal Code;

* ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.

We look forward to your response.

Sincerely,

Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/
Timor-Leste National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia /Action/ Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvölker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La?o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany

0

Create a website or blog at WordPress.com

Up ↑