West Papua Report October 2010

West Papua Report

October 2010

This is the 78th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN) Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary:

An historic U.S. Congressional hearing regarding West Papua revealed ongoing human rights abuse by the Indonesian military and continued impunity for those abuses and broad Papuan rejection of Jakarta’s failed policy of “special autonomy.” The hearing also cast light on a U.S. policy that appeared not to have evolved to address the deteriorating conditions in West Papua or an unreformed Indonesian military intent on resisting accountability and civilian control. Subcommittee Chairman’s Faleomavaega’s description of “slow motion genocide” set the tone of urgency that enveloped the hearing. A senior State Department’s prediction that migration and demographic trends would soon make Papuans a minority in their own land underscored that tone of urgency. A Pentagon representative cited reforms scored a decade ago to justify recent expansion of U.S. military assistance to the Indonesian military. The hearing heard a Papuan call for a Jakarta-Papuan dialogue about Papua’s political future and an end to U.S. support for an unreformed Indonesian military.

In other developments, Indonesian security forces killed two Papuans and wounded a third in Manokwari. The victims were a religious leader, his son and his wife. Non-judicial, administrative sanctions against those responsible were shockingly light. A prominent Papuan academic has welcomed the presidential decision to undertake an audit of “special autonomy” fund flow to West Papua, but lamented the reality that the funds have been unaudited over the past decade.

Contents:

Synopsis of “Historic” U.S. Congressional Hearing on West Papua

On September 22, a key U.S. Congressional subcommittee held what the body’s chairman described as an historical hearing, the first ever to be devoted to the subject of West Papua. The hearing, before the Asia, The Pacific and the Global Environment Subcommittee of the House Foreign Affairs Committee, was chaired by Representative Eni Faleomavaega, a House member whose record of concern for the plight of Papuans has long made him the leading member of Congress regarding developments in West Papua.

The lengthy September 22 hearing is summarized below in three sections: the first focuses on Chairman Faleomavaega’s opening statement, followed by a review of statements by senior representatives of the Departments of State and Defense and concludes with reporting on statements by a panel of witnesses that included Papuan and human rights and academic experts.

Chairman Faleomavaega Describes “Slow Motion Genocide in West Papua”

In his opening statement Chairman Eni Faleomavaega, noting the historic nature of the first congressional hearing that “gives voice to the people of West Papua,” spoke bluntly about the plight of Papuans that had prompted the hearing. He described Papuans as facing “slow motion genocide.” He observed that the definition of genocide under international law “accurately describes the crimes against humanity perpetuated by Indonesia’s military.” While complimentary regarding the intentions of Indonesian President Yudhoyono, he recounted in detail his own effort to visit West Papua at the invitation of the Yudhoyono administration. That visit was repeatedly impeded by action of the military.

Faleomavaega was equally blunt in his description of the U.S. role in critical diplomatic initiatives in the early 1960’s and its calculated acceptance of the 1969 annexation of West Papua by Indonesia through the “Act of Free Choice” which Chairman Faleomavaega termed the “Act of No Choice.” Faleomavaega cited declassified official U.S. documents that revealed the cynicism that shaped the U.S. approach: “documents reportedly indicate that the United States estimated that between 85 and 90 percent of Papuans were opposed to Indonesian rule and that as a result the Indonesians were incapable of winning an open referendum.” Faleomavaega said of the U.S. course: “the United States expended the hopes and dreams and the lives of some 100,000 West Papuans who consequently died as a result of Indonesian military rule.” Regarding the Indonesian annexation he added: “Although some challenge this estimate, it is indisputable fact that Indonesia has deliberately and systematically committed crimes against humanity and has yet to be held accountable.”

Faleomavaega placed current U.S. policy in the context of U.S. policy choices made in the 1960’s when the U.S. endorsed Indonesian action “in exchange for Suharto’s anti-Communist stance.” He warned that the Obama Administration’s search for allies in its “war against Islamic militancy,” should not come at the expense of the pain and killing and suffering of the people of West Papua.” The Chairman that he had yet to receive a substantive response to a June 2010 letter to the Administration signed by 50 members of Congress which urged that the Obama administration assign its highest priority to West Papua.

In describing the urgency of the situation in West Papua, Chairman Faleomavaega drew attention to demographic changes: “migration by non-Melanesian Indonesians from elsewhere in the nation appears to be a critical part of the mounting tensions. By some accounts, Melanesian Papuans will be in the minority in their own homeland by the year 2015.” He also noted the role of international corporations such as U.S.-based Freeport McMoran in bringing “shameful woe” to West Papua.

Senior State Department Official Acknowledges Looming Minority Status for Papuans; Senior Defense Department Official Ignores TNI Unaccountability to Civilian Authorities and the Courts

The Administration was represented at the Hearing by senior officials from the Departments of State and Defense: Joseph Yun, Deputy Assistant Secretary (DAS) in the Bureau of East Asian Affairs and Pacific Affairs in the U.S. Department of State and Robert Scher, Deputy Assistant Secretary (DAS) for Defense for South and Southeast Asia. DAS Yun, after stating standing U.S. policy asserting respect for Indonesia’s territorial integrity and support for “special autonomy,” proceeded then to break new ground in his blunt assessment of trends and conditions in West Papua.

Responding to penetrating questions from Faleomavaega, Yun acknowledged that Papuans were on a course to become a minority in their own homeland. Yun said: “(m)y observation is that they are not yet a minority. I think the numbers show that about a 60-40 at the moment … (h)owever, clearly if this trend continues, they will be minority and probably in quite a short time.” He added that he thought Special Autonomy offered “some protection for Papuans, a lot of protections for Papuans and this is why it is important to implement those laws.” (WPAT Note: Special Autonomy does not in fact address natural migration or government-organized migration into West Papua in any meaningful way.)

Yun also expressed public U.S. concern over denial of access for journalists, international NGOs and others to West Papua and called specifically for the return of the International Committee of the Red Cross which has been banned from West Papua since 2009. In discussion with Chairman Faleomavaega following his formal statement Yun appeared to acknowledge the widely held view that the 1969 “Act of Free Choice” did not represent a genuine act of self determination. He noted: “So we do have to recognize integrity of Indonesia, its territorial integrity. But that does not mean that we should ignore history. But at the same time we cannot correct history.”

DAS Scher, speaking for the Pentagon, largely stuck closely to standard U.S. Defense Department talking points focusing less on West Papua and more on a defense of the Indonesian military. Scher sought to portray a reformed TNI but was able to cite only reforms made in the immediate wake of the 1998 overthrow of the Suharto regime and now nearly a decade old: (i.e., “formally removing the military from political affairs, establishing a clear delineation between the responsibilities of the civilian police forces and the TNI and enhancing the authority of the civilian minister of defense.”). He failed to acknowledge that the TNI retains its territorial structure through which it influences politics down to the village level; that the TNI is publicly seeking to assume anti-terror role which would intrude on police responsibility in this area or that the newly named Deputy Minister of Defense is a uniformed military official with a record of human rights violations. Scher’s assertions related to human rights training for TNI personnel and provision of human rights handbooks to TNI personnel are not new and have no proven to be effective. Such measures were in place in the 1990’s and did not prevent TNI atrocities in East Timor in 1999.

Scher also failed to address TNI unaccountability before the law for past or ongoing human rights violations or its failure to comply with Indonesian law to divest itself of its vast business empire which provides a stream of financing which enables it to remain independent of civilian control. Much of that empire is represented by legal and illegal operations in West Papua including logging, prostitution rings and extortion targeting domestic and foreign firms.

Papuans and Experts Attest to Ongoing Human Rights Violations by The Military, Reject Special Autonomy

The Hearing also heard from a panel of expert witnesses that included Papuans, a Human Rights Watch official and two leading academics specializing in Papuan affairs (see here for a list of panel members and the the transcript of their remarks).
The Papuan witnesses reflected a broad range of views. They articulated, often in personal ways, the human rights violations they, their families and Papuans more broadly have endured over four decades of Indonesian control of West Papua. Most of the Papuans told the hearing that Papuans broadly rejected “special autonomy.” In the words of one Papuan witness: “Special autonomy policy is considered by most Papuan people that it does not become Papuans policy but on the contrary it has marginalized more of Papuan people and left them deeper in the cycle of poverty.” Papuans also called for a Jakarta-Papuan dialogue in light of the failure and Papuan rejection of the “special autonomy” policy. They also urged that the U.S. suspend assistance to the Indonesian military unless and until it ended its violations of human rights in West Papua. The Human Rights Watch official notes specifically that impunity for ongoing and past human rights abuse itself constituted an abuse of human rights.

Participants noted that over decades Papuans have been denied effective political control of their own destiny and that participation in elections where candidates are selected by Jakarta-based national parties perpetuated “remote control” by Jakarta. Chairman Faleomavaega acknowledged Papuans fundamental disenfranchisement noting “(t)here’s no question as a matter of principle. Your people were denied that privilege of self- determination.” He admonished, however, that resort to arms to assert this “privilege” (sic … right) was impractical given the disparity in military power between poorly armed Papuan fighters and the TNI.

Brutal Security Force Action in Manokwari; Responsible Officials Receive Minor Sanctions

Indonesian security forces in fired on a large group of Papuans killing two on September 15. On September 16, the security forces, personnel from Indonesia’s militarized police (Brimob), were supplemented by the Indonesian military and the U.S. and Australian-funded Detachment 88 who were brought in to secure the city as thousands of protesters remained in the street.

According to reports from local sources and media, the Brimob firing on the civilians transpired after a traffic accident. According to the local police commander, dozens of townspeople became angry when the alleged driver of the vehicle fled the scene and sought refuge in Brimob headquarters. Brimob personnel fired live ammunition at the agitated crowd, killing the two Papuans and wounding another woman severely. The authorities reported only one injury among the security forces.

Following the Brimob assault on the crowd other Brimob personnel conducted raids throughout the area, allegedly in pursuit of those involved in the melee following the traffic accident. Brimob personnel, according to the authorities, continued live weapons fire during these raids.

A distinctly different version of the violence has been provided by local Papuan sources. According to these sources, the Papuan victims of the violence was a local religious leader, his son and his wife. According to these reports, Reverend Naftali Kuan, from the GPKAI church was shot by Brimob as he sought to calm the crowd. Naftali Kuan’s son Septinus was also killed but how he died is unclear. One account claimed that he was shot roughly at the time his father was killed. A separate account claims that Septinu’s badly beaten body was found in a ravine near the Brimob headquarters on September 16. Kuan’s wife, Antomina, was badly injured by Brimob fire.

On September 25 the Senior Commander Wachyono, Papua police spokesperson, announced the outcome of an internal investigation of the incident. Wachyono revealed that those responsible for the killing of two and serious wounding of a third would receive remarkably minor sanctions: “Four of the 11 were sentenced to 21 days in custody and have had their promotions suspended, and the other seven received 14 days in custody and promotion suspensions.”

WPAT Comment: This violent episode underscores the explosive atmosphere in Manokwari. Dispatch of TNI personnel, and especially troops from the notorious Detachment 88 to Manokwari, is unlikely to defuse tensions significantly. Moreover, the Indonesian government failure to bring those Brimob personnel responsible for the killing of Papuan civilians before a court and the extraordinarily light administrative punishments lodged against the perpetrators can only add to Papuan’s sense of resentment. That resentment is stoked by the reality that Papuans engaging lawful, peaceful protest routinely are hauled before courts and assessed prison terms of ten to fifteen years.

see also: ETAN/WPAT: Suspend Training and Funding of Indonesian Police Unit Detachment 88

Leading Papuan Academic Welcomes Special Autonomy Funding Audit, Noting The Effort Is Ten Years Overdue

On September 16, the Jakarta Post published an an op-ed by Father Neles Tebay, lecturer at the Fajar Timur School of Philosophy and Theology in Abepura, Papua, endorsing an initiative by President Yudhoyono to conduct an audit of Special Autonomy funds. The audit, to be completed in 2011 would, cover the entire ten year period for which the Special Autonomy policy has been in effect.

Tebay notes the importance of the audit, observing that despite the expenditure of significant funds many Papuans live below the poverty line. Other observers have also noted the dearth of basic government services in the area of health, education, job-creation and sustainable development in West Papua.

While welcoming the audit, Tebay asks pointedly why over the ten years of Special Autonomy policy, this is the first public audit of where the billions of rupiah have gone. Tebay noted the apparent corrupt mis-channeling of funds by local administrations which have proliferated in the wake of the advent of Special Autonomy. Other credible reporting in the past has noted that some Special Autonomy funding was diverted into military coffers to finance military operation such as the widely condemned “sweeping operations” which have led to the displacement and even killing of many Papuans.

Tebay explains that among Papuans there are doubts, “based on past experiences where the government was unable to fulfill all of its promises.” He adds that these doubts have fed “a strong suspicion that the (audit) initiative was publicly announced in efforts to show that the government is responsive to the political crisis taking place in Papua.” He warns that “the government’s failure to eradicate corruption will, in turn, encourage more Papuans to raise the call for a referendum.”

The failure of the Special Autonomy to address fundamental needs for Papuans over the past decade was repeatedly noted in testimony before a September 22 hearing of the U.S. Congress’s Subcommittee on Asian, Pacific and Global affairs (see separate report above). Notwithstanding this failure and ignoring the reality that Papuans have overwhelmingly rejected the policy, U.S. Government officials testifying at the hearing continued to defer concrete action to address problems in West Papua in favor of steps aimed at improving the moribund policy.
http://etan.org/issues/wpapua/2010/1010wpap.htm

KNPB to continue to press for a referendum – plus comment

KNPB will continue to press for Referendum

Bintang Papua, 30 September 2010

Jayapura: The spokesman  of the Komite Nasional Papua Barat – National Committee of West Papua, Mako Tabuni, speaking at a press conference, said that political dynamics were moving fast at present at a time when calls for a referendum are spreading throughout  Papua. In a democracy, this is an issue that must be accepted by the Indonesian state and the Indonesian people, together with the Papuan people.

The KNPB, as a national medium of the views of the Papuan people will continue to press for a referendum as the final solution to resolve the political status of West Papua, because this can resolve all the problems in Papua and it represents the best possible solution for the Papuan people. Without a referendum, the Papuan people’s problems will never be resolved.

He said that since Indonesia calls itself a democratic state based on the Pancasila, it can surely understand why the Papuan people are calling for a referendum. Many human rights abuses have been committed in the past and have persisted for 48 years, during which time the military forces have directly or indirectly caused great suffering for the Papuan people.

With the issue of a referendum having become so heated, the KNPB will continue to struggle for this demand.

With regard to the hearing held recently (in Washington)  which was attended by a number of Papuan leaders, including the chairman of DAP, Forkorus Yoboisembu, Herman Awom and others,  nothing has been forthcoming from the US suggesting that it does not support a referendum.

Mako Tabuni said that he is still awaiting reports about the activities of Papuans such as Nicolas Messet and Albert Yoku who were also present at the congressional hearing, nor has there been any official report regarding the results of the hearings. [Note: Verbatim reports of all the discussion have been widely circulated.]

Regarding telephone communications that have been reported by irresponsible elements that have been reported by the media in Jayapura to the effect that the issue of referendum has been rejected, these are quite untrue and provocative, because there has been no official announcement from the US Congress to the effect that a referendum is unacceptable.

Even if that were the case, the KNPB and the  Papuan people will continue to struggle for their political demand because this is their right, and it is a matter that cannot be determined by the Indonesian elite.

[Comment:  If the KNBP says that it is waiting for the decision of the US Congress in response to the call for a referendum, this reflects a misunderstanding of how the US congressional hearing mechanism works. The hearing was itself an unprecedented event, the first time that a US congressional body held a public discussion on the question of West Papua. The verbatim reports of the hearing, including all the testimonies and the discussions between the chairman of the Asia-Pacific sub-committee and members of the audience have been widely circulated, as well as the views of the US government. Everything is in the public domain. The US Congress itself cannot be expected to make a statement on an issue that was discussed by one of its sub-committees.

It now depends on organisations like the KNPB which support the call for a referendum in West Papua to translate these documents into Indonesian so that they become widely known in West Papua and Indonesia. By doing this, they can strengthen support for a referendum in Indonesia and internationally while at the same time revealing the strength of feeling about the issue to the Indonesian government. Arguably, the sudden decision of the SBY government to dispatch a large team of ministers to West Papua for the purposes of making an  ‘evaluation’ is a sign that the government is beginning to understand the strength of feeling and support for the West Papuan people’s demand.  TAPOL]

Opening Statement of Chairman Eni Faleomavaega at West Papua hearing

COMMITTEE ON FOREIGN AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
WASHINGTON, D.C. 20515

SUBCOMMITTEE ON ASIA, THE PACIFIC AND THE GLOBAL ENVIRONMENT
ENI F.H. FALEOMAVAEGA (D-AS)
CHAIRMAN

STATEMENT OF
THE HONORABLE ENI F.H. FALEOMAVAEGA
BEFORE THE SUBCOMMITTE

“Crimes Against Humanity: When Will Indonesia’s Military Be Held
Accountable for Deliberate and Systematic Abuses in West Papua?”

September 22, 2010

To my knowledge, today’s hearing is historic.  This hearing is the
first hearing ever held in the U.S. Congress that gives voice to the
people of West Papua.

Since 1969, the people of West Papua have been deliberately and
systematically subjected to slow-motion genocide by Indonesian
military forces yet Indonesia declares that the issue is an internal
matter while the U.S. Department of State “recognizes and respects the
territorial integrity of Indonesia.”  The truth is, this is no issue
of territorial integrity or an internal matter, and the record is
clear on this point.

West Papua was a former Dutch colony for some 100 years just as East
Timor was a former Portuguese colony just as Indonesia was a former
colony of the Netherlands.  Because of its status as a former colony,
East Timor achieved its independence from Indonesia in 2002 through a
referendum sanctioned by the United Nations (UN), despite Indonesia’s
serious objections over East Timor’s right to self-determination.

In contrast, in 1962 the United States pressured the Dutch to turn
over control of West Papua to the United Nations.  Under the
U.S.-brokered deal, Indonesia was to “make arrangements with the
assistance and participation of the United Nations” to give Papuans an
opportunity to determine whether they wished to become part of
Indonesia or not.

In what became known as the Act of No Choice carried out in 1969, 1025
West Papua elders under heavy military surveillance were selected to
vote on behalf of 809,327 West Papuans regarding the territory’s
political status.  In spite of serious violations of the UN Charter
and no broad-based referendum, West Papua was forced to become a part
of Indonesia by the barrel of a gun.
According to the Congressional Research Service (CRS), “declassified
documents released in July 2004 indicate that the United States
supported Indonesia’s take-over of Papua in the lead up to the 1969
Act of Free Choice even as it was understood that such a move was
likely unpopular with Papuans. The documents reportedly indicate that
the United States estimated that between 85% and 90% of Papuans were
opposed to Indonesian rule and that as a result the Indonesians were
incapable of winning an open referendum at the time of Papua’s
transition from Dutch colonial rule. Such steps were evidently
considered necessary to maintain the support of Suharto’s Indonesia
during the Cold War.”

Bluntly put, in exchange for Suharto’s anti-communist stance, the
United States expended the hopes and dreams and lives of some 100,000
Papuans who consequently died as a result of Indonesian military rule.
 Although some challenge this estimate it is an indisputable fact that
Indonesia has deliberately and systematically committed crimes against
humanity and has yet to be held accountable.

While I have expressed my concern that there is strong indication that
the Indonesian government has committed genocide against the Papuans,
I am disappointed that the U.S. Department of State requested that I
omit the word ‘genocide’ in the initial title I put forward for this
hearing.  The State Department requested a change in title based on
the assertion that ‘genocide’ is a legal term.

Article 2 of the 1948 United Nations Convention on the Prevention and
Punishment of the Crime of Genocide (CPPCG) defines genocide as "any
of the following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group: killing members
of the group; causing serious bodily or mental harm to members of the
group; deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in
part; imposing measures intended to prevent births within the group;
forcibly transferring children of the group to another group.”

This definition of genocide under international law accurately
describes the crimes against humanity perpetrated by Indonesia’s
military, whether the U.S. State Department agrees or not.  But given
U.S. complicity, it is little wonder that every Administration wishes
to distance itself from this ugliness.

As Joseph Conrad wrote in his book The Heart of Darkness, “The
conquest of the earth, which mostly means the taking it away from
those who have a different complexion or slightly flatter noses than
ourselves, is not a pretty thing when you look into it too much.”

When you look into it too much, nothing about Indonesia’s ruthless
brutality or U.S. complicity is a pretty thing.  In 2007, I led a
Congressional Delegation (CODEL) to Indonesia on the personal promise
of President SBY and Vice President Kalla that I would be granted 5
days to visit Biak, Manokwari, and, most importantly, Jayapura, in
support of efforts to implement special autonomy that was approved by
the government of Indonesia since 2001.

However, while enroute to Jakarta, I received word that the Indonesian
government would only grant 3 days for my visit.  Upon my arrival on
November 25, 2007, I was informed that I would be granted only 1 day
and that I would not be allowed to visit Jayapura.  As it played out,
I was granted 2 hours in Biak and 10 minutes in Manokwari.

In Biak, I met with Governor Suebu, and other traditional, religious
and local leaders hand-selected by the government.  Other Papuans,
like Chief Tom Beanal and Mr. Willie Mandowen were detained by the
military until my office interceded.  U.S. Ambassador Cameron Hume and
I also had to make our way through a military barricade because
Indonesia military forces (TNI) had blocked Papuans from meeting with
me.  For the record, I am submitting photos showing the excessive
presence of military force.

       In Manokwari, the military presence was even worse.  Prior to my
arrival in Manokwari, I was told that I would be meeting with the
Governor only to learn upon my arrival that he was in China and had
been there for the past 5 days.  Ten minutes later, I was put on a
plane while the TNI, in full riot gear, forcefully kept the Papuans
from meaningful dialogue.  At this time, I would like to share with my
colleagues some video tape of my visit in 2007.

       After this experience and upon my return to Washington, I wrote to
President SBY expressing my disappointment but Jakarta never responded
to my letter of December 12, 2007.  On March 5, 2008, Chairman Donald
Payne of the Foreign Affairs Subcommittee on Africa joined with me in
sending another letter to President SBY which expressed our deep
concern about Indonesia’s misuse of military force.  We included
photographs and a DVD of my experience while in Biak and Manokwari.
Again, Jakarta did not bother to reply.

       On March 5, 2008, Chairman Payne and I also wrote to U.S. Secretary
of Defense Robert Gates and included a copy of our letter to President
SBY as well as the DVD and photographs.  Despite the serious concerns
we raised about Indonesia’s failure to live up to its promises to
allow Members of Congress access to Jayapura and our request to
restrict funding to train Indonesia’s military forces, his reply of
April 2, 2008 was trite and indifferent, as if West Papua is of no
consequence.  He concluded his letter by erroneously stating, “TNI
performance on human rights has improved dramatically.”  Copies of
these letters as well as the photographs and DVD are included for the
record.

Copies of our materials which we sent on March 6, 2008 to the House
Committee on Foreign Affairs, the Senate Committee on Foreign
Relations, the House and Senate Appropriations Subcommittees on State
and Foreign Operations, the House Appropriations Subcommittee on
Defense, and the Congressional Black Caucus are also included.

       In March 2005, Chairman Payne and I wrote to Secretary General Kofi
Annan asking for a review of the United Nations’ conduct in West
Papua.  35 other Members of Congress from the Congressional Black
Caucus signed the joint letter and I am also submitting this letter
for the record.

       This year, Chairman Payne and I once more spearheaded an effort
calling upon President Obama to deal fairly with the people of West
Papua and to meet with the Team of 100 indigenous Papuan leaders
during his upcoming visit to Indonesia.  Although our letter of June
9, 2010 was signed by 50 Members of the U.S. Congress, the U.S.
Department of State could not be bothered to send us a thoughtful
reply.  Instead, we received a dismissive letter of August 11, 2010
signed by the Assistant Secretary of Legislative Affairs rather than
the U.S. Secretary of State which sends a clear signal that this
Administration may not be any different than any other in its response
to addressing our grave concerns about West Papua.  As a matter of
record, I am including these letters.

Also, I am including a video that due to its sensitive subject matter
I cannot and will not show.  The video depicts the violent murder of a
Papuan who was killed and gutted by the Indonesian Special Police
Corp, or Brigade Mobil (BRIMOB), while the victim was still alive and
pleading for someone to kill him in order to put him out of his
misery.  This isn’t the only murder.  The late Papuan leader Theys
Hiyo Eluay was also savagely murdered, and the list of lost lives goes
on and on.

As Chairman of this Subcommittee, I have been very, very patient.
Yes, I realize the importance of the U.S.-Indonesia relationship.
Indonesia is the most populous Muslim-majority nation in the world and
the U.S. has a strong interest in reaching out to the Islamic world.
But our own struggle against Islamist militancy should not come at the
expense of the pain and killing and suffering of the people of West
Papua.  This is not the America I know.

       We can and must do better.  In his statement before the UN against
Apartheid, Nelson Mandela said, “It will forever remain an accusation
and challenge to all men and women of conscience that it took so long
as it has before all of us stood up to say enough is enough.”  This is
how I feel about West Papua.

It is my sincere hope that today’s hearing will help us find a way
forward.  So far, Indonesia has failed miserably to implement Special
Autonomy and, as a result, there is a sense of growing frustration
among the Papuans, and rightfully so.  According to CRS, “migration by
non-Melanesian Indonesians from elsewhere in the nation appears to be
a critical part of the mounting tensions.  By some accounts Melanesian
Papuans will be in the minority in their homeland by 2015.”

       While there is so much more I want to say about the commercial
exploitation of West Papua’s renowned mineral wealth which includes
vast reserves of gold, copper, nickel, oil and gas and Freeport USA’s
own shameful role in this exploitation, I will address these issues in
my questioning of our witnesses.

       In conclusion, I want to thank Edmund McWilliams, a retired U.S.
Senior Foreign Service Officer, who has been a long-time advocate for
the people of West Papua.  Mr. McWilliams was unable to be with us
today but he has submitted testimony for the record which will be
included.

       I also want to welcome our Papuan leaders who have flown at
considerable expense to testify before this Subcommittee.  I presume
none flew at the expense of the Indonesian government but we will find
out during these proceedings.  Most of the Papuan leaders who are with
us today have lived the struggle.  Others have only recently returned
after living in Sweden for some 38 years.  They have since returned
home and reclaimed Indonesian citizenship but I am unclear as to their
role in a struggle they have given up or never fully lived.  I hope we
will be provided an explanation.

       For now, I recognize my good friend, the Ranking Member, for any
opening statement he may wish to make.

Testimonies at US Congress hearings on West Papua

September 22, 2010

Crimes Against Humanity: When Will Indonesia’s Military Be Held Accountable for Deliberate and Systematic Abuses in West Papua?

Subcommittee on Asia, the Pacific and the Global Environment

Statements available for download are hyperlinked:

Mr. Joseph Y. Yun Deputy Assistant Secretary Bureau of East Asian and Pacific Affairs U.S. Department of State

Mr. Robert Scher Deputy Assistant Secretary of Defense for South and Southeast Asia Asian and Pacific Security Affairs U.S. Department of Defense 

Pieter Drooglever, Ph.D. Professor Emeritus Institute of Netherlands History

Mr. Octovianus Mote Founder, West Papua Action Network President, Papua Resource Center

Mr. Henkie Rumbewas

Mr. Nicholas Simeone Messet West Papua, Independent Group Supporting Special Autonomy as Part of the Republic of Indonesia

Mr. Salamon Maurits Yumame Head of FORDEM (The Democratic Forum)

S. Eben Kirksey, Ph.D. Visiting Assistant Professor The Graduate Center The City University of New York

Sophie Richardson, Ph.D. Asia Advocacy Director Human Rights Watch

US CONGRESS: The Status of Papua, Statement by US STATE Dep

LIVE

watch hearing at http://www.hcfa.house.gov/

http://www.state.gov/p/eap/rls/rm/2010/09/147551.htm

September 22, 2010

Crimes Against Humanity: When Will Indonesia’s Military Be Held Accountable for Deliberate and Systematic Abuses in West Papua? US CONGRESS Subcommittee on Asia, the Pacific and the Global Environment

Joe Yun
Deputy Assistant Secretary for East Asian and Pacific Affairs
Statement Before the House Foreign Affairs Committee Subcommittee on Asia, the Pacific and the Global Environment
Washington, DC
September 22, 2010

Chairman Faleomavaega, Mr. Manzullo, and Members of the Subcommittee, thank you for inviting me to testify today on the situation in Papua.

U.S. Policy

Developments affecting Papua, which includes the Indonesian provinces of Papua and West Papua, are closely followed by the Department of State and represent an important aspect of our overall relations with Indonesia. The United States recognizes and respects the territorial integrity of Indonesia within its current borders and does not support or condone separatism in Papua, or in any other part of the country. At the same time, we strongly support respect for universal human rights within Indonesia, including the right of peaceful assembly, free expression of political views, and the fair and non-discriminatory treatment of ethnic Papuans within Indonesia.
Within this context, we have consistently encouraged the Indonesian government to work with the indigenous Papuan population to address their grievances, resolve conflicts peacefully, and support development and good governance in the Papuan provinces. The Administration believes the full implementation of the 2001 Special Autonomy Law for Papua, which emerged as part of Indonesia’s democratic transition, would help resolve long-standing grievances. We continue to encourage the Indonesian government to work with Papuan authorities to discuss ways to empower Papuans and further implement the Special Autonomy provisions, which grant greater authority to Papuans to administer their own affairs.
Human Rights

Advancing human rights is one of our primary foreign policy objectives not only in Indonesia, but also throughout the world. We believe that respect for human rights helps to strengthen democracy. We want to see the right of peaceful, free expression of political views and freedom of association observed throughout the world, including in Papua.

We monitor allegations of human rights violations in Papua and West Papua, and we report on them in the annual Country Report on Human Rights. With the growth of democracy over the past decade in Indonesia, there has been substantial improvement in respect for human rights, although there remain credible concerns about human rights violations. The improvement includes Papua, although, as our annual reporting has documented, there continues to be some credible allegations of abuse. We regularly engage the Government of Indonesia on the importance of respect for human rights by security forces, and we continue to emphasize our strong support for an open and transparent legal system to look into any claims of excessive use of force. We also urge them to increase accountability for past human rights abuses. We deplore violence committed by armed groups, including in Papua, against civilians and government security forces.

It is critical that independent and objective observers have unrestricted access to Papua in order to monitor developments. At present, Indonesian journalists, nongovernmental organizations (NGOs), and Indonesian citizens may travel freely to Papua and West Papua. However, the Indonesian government requires that foreign journalists, NGOs, diplomats, and parliamentarians obtain permission to visit Papua. We continue to encourage the Indonesian government to give these groups, including the International Committee of the Red Cross, full and unfettered access to Papua and West Papua.

Papuans are Indonesian citizens and are free to travel to other parts of Indonesia.

Demographic Shifts

Migration from other parts of Indonesia has increased the number of non-Papuan residents to about 40 percent of the current population in Papua and West Papua. The total population of both provinces is 2.4 million, of which 900,000 are migrants. Past government-sponsored transmigration programs, which moved households from more densely populated areas to less populated regions, account for part of the influx. The majority of the population shift has resulted from natural migration trends from Indonesia’s large population centers to Papua where there is relatively low population density. Some Papuans have voiced concerns that the migrants have interfered with their traditional ways of life, land usage, and economic opportunities.

Economic Development

Although the region is rich in natural resources, including gold, copper, natural gas, and timber, Papua lags behind other parts of Indonesia in some key development indicators. Poverty is widespread in Papua and Papua has the lowest level of adult literacy in Indonesia at 74 percent. The region also has a disproportionately high number of HIV/AIDS cases compared with the rest of Indonesia and high rates of infant and maternal mortality.

According to the World Bank, the two greatest challenges to economic development are Papua’s topography and climate—great distances between towns, steep mountains, swampy lowlands, fragile soils, and heavy seasonal rainfall—and its social structure—low population density and cultural fragmentation.

Special Autonomy

Indonesia’s parliament in 2001 granted Special Autonomy to Papua, which, along with Aceh, was one of the two areas in Indonesia that harbored high-profile separatist movements. This law devolved to provincial and local authorities all government functions outside of five national competencies; defense, foreign affairs, religious affairs, justice, and monetary/fiscal policy.

The Special Autonomy Law has not been fully implemented in Papua. Implementation has been delayed due to lack of implementing regulations. In addition, the provincial governments have lacked the capacity to take on certain key responsibilities and some central government ministries have yet to cede their authorities. Although full implementation of Special Autonomy has not yet been realized, Indonesian government officials point to increased funding to Papua, which has totaled Rp 27 trillion or approximately US$3 billion in the past nine years, higher per capita than any other area in Indonesia. The Special Autonomy Law created the Papuan People’s Council (MRP) to protect Papuan culture. Recently, the MRP rejected Special Autonomy, symbolically handing Special Autonomy back to Indonesian authorities. This action had no practical legal effect, but it did highlight the need for increased dialogue between Papua and Jakarta to resolve the region’s outstanding differences.

We continue to encourage the Indonesian government and the provincial governments of Papua and West Papua to fully implement the Special Autonomy Law. This would include the promulgation of implementing regulations for all provisions of the law, central government action to ensure that provincial or local laws take precedence in areas of delegated authority, and actions to increase the capacity for development and good governance. We believe that full implementation would help to address Papuans’ grievances against the central government. Dialogue between central authorities and the indigenous Papuan population could facilitate full implementation of Special Autonomy, and result in actions that would support development and boost good governance in Papua.

U.S. Assistance

The United States is working in partnership with the government of Indonesia and the provincial governments of Papua and West Papua to find ways to address the key developmental challenges of Papua, including increasing good governance, access to quality healthcare and education, and protecting the environment. The United States Agency for International Development (USAID) implements programs in Papua to foster improvements in these sectors with activities that total $­­­­11.6 million, or 7 percent of USAID’s budget for Indonesia for fiscal year 2010.

In addition to USAID programs, the Department of State also brings Papuans to the United States for thematic engagement on issues such as resource distribution. Our Fulbright programs have had over 22 grantees from Papua. We also partner with the private sector to leverage resources. For example, in a public-private partnership, the Fulbright-Freeport Scholarship Program has funded 18 individuals from Papua for study in the United States.

Embassy Jakarta maintains a vigorous schedule of engagement with Papua and West Papua. U.S. Mission officers routinely travel to the provinces. Ambassador Marciel, who arrived at post in mid-August, plans to travel to Papua soon after he presents his credentials to the Indonesian government. Officers maintain a wide base of contacts concerning Papua, including central and provincial government officials, human rights activists, military and police personnel, traditional and religious leaders, and NGO staff. In addition to official meetings, Embassy officers conduct regular public outreach in Papua and West Papua.

Conclusion

In closing, I would like to emphasize that Papua plays an important role in our sustained engagement with the Government of Indonesia. While Indonesia’s overall human rights situation has improved along with the country’s rapid democratic development, we are concerned by allegations of human rights violations in Papua and continuously monitor the situation there. We urge increased dialogue between the central government and Papuan leaders and the full implementation of the Special Autonomy Law. We will continue to provide assistance to build a strong economic and social foundation in Papua.

Thank you for giving me the opportunity to testify before you today. I am pleased to answer your questions.

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