SBS Radio – Torres Strait weapon smuggling claims

The police commander of Papua New Guinea’s Western Province says high-powered weapons are regularly being smuggled into the country from Australia’s Torres Strait in exchange for drugs.

Commander Peter Philip says he has raised the issue as a member of the bilateral council administering the Torres Strait Treaty between the two countries, but little has been done.

Last week a man was sentenced to 18 months prison in PNG for trying to bring three rifles and ammunition from Saibai Island to the Western Province capital of Daru.

Only a few kilometres of water separate some Torres Strait islands from PNG.

Police commander Peter Philip says the weapons are in big demand in PNG’s Highland provinces, where marijuana is grown in large quantities.

But he told Queensland correspondent, Stefan Armbruster, PNG police don’t have the resources control the trade.

CLICK ON THE LINK TO HEAR FULL INTERVIEW

http://www.sbs.com.au/podcasts/Podcasts/world-view/episode/146087/Torres-Strait-\weapon-smuggling-claims

West Papuans Call For Dialogue With Indonesia

(Note: West Papua Media was a participant in this conference, and a paper calling for development of Papuan media was a key part of this conference also.  Over the next fews weeks, we will be publishing a selection of observations from this conference, and a book will also be forthcoming from CPACS West Papua Project)

 

ABC News/Radio Australia
Friday, February 25, 2011

West Papuans Call For Dialogue With Indonesia

The ramifications of the fast moving events in Libya and the middle
east could be felt as far away as Papua in Indonesia, a Sydney
Conference has been told.

A movement for greater autonomy or even independence from Indonesia has been active since Papua was absorbed by the Muslim state in 1969.

It has been at times ruthlessly suppressed by successive governments
in Jakarta, fearful of the loss of national unity and rich resources.

But observers say with demands for greater democracy reverberating
around the world there might be a new willingness in Jakarta to take
on board the calls for change.

Presenter: Karon Snowdon

Speakers: Peter King, Centre for Peace and Conflict Studies, Sydney
University; Jacob Rumbiak, coordinator of the foreign office of the
West Papua National Authority; John Otto Ondawame, Vice President of
the West Papuan National Coalition for Liberation.

SNOWDON: Indonesia has faced strong resistance to its rule in Papua,
or West Papua, as it’s also known. The complaints include the appalling human rights record of the security forces, lack of development, resource stripping, cultural insensitivity and unwelcome migrants.
Often these complaints have been ignored or dealt with inadequately,
but perhaps this is changing.

KING: The political situation in Jakarta is now being driven by events
in Papua and also international reaction to what’s happening in Papua.

SNOWDON: Peter King is the convenor of the West Papua Project at the Centre for Peace and Conflict Studies at the University of Sydney,
where he spoke at an international conference on Papua.

Peter King says the government of Susilo Bambang Yudhoyono has been embarrassed by the worldwide release of the video showing Papuan men being tortured by Indonesian security.

And by the symbolic return of special autonomy to Jakarta through huge public demonstrations in June last year. Indonesia’s effort at appeasement, special autonomy has been a failure.

KING: Anybody would be encouraged by what’s gone on in the Middle
East. And the Papuans are even more mobilised than those Arab
populations were – it’s a kind of permanent Papuan mobilisation
against Jakarta. And the tactic so far of cultivating an enriched
elite of bureaucrats and politicians, which has been the main
Indonesian strategy to pacify Papuans, plus the influx of migrants
from outside Papua, that’s not going to wash in the post-Tahir Square
milieu that we’re living in.

SNOWDON: And there has been something of a breakthrough.
Jacob Rumbiak was jailed for nine years, part of the time he spent
with East Timor’s Xanana Gusmao. He returned to Jakarta for the first time this month at the invitation of the Indonesian government. He’s now an academic and the coordinator of the foreign office of the West Papua National Authority, which he calls the transitional government of an independent West Papua. He was afforded high level access over two weeks of talks in Jakarta.

RUMBIAK: Visiting Jakarta is part of how to negotiate with Jakarta
about how to build trust between Jakarta and the people of West Papua.

SNOWDON [TO RUMBIAK]: To what end, independence or just more autonomy for Papua?

RUMBIAK: The aim is based on [democracy]. Let Papuans choose. If they want to integrate with Indonesia, it’s OK, but when they want to [be] independent, that’s the right.

SNOWDON: A lack of unity in the past has set back the resistance movement. John Otto Ondawame, the vice president of the West Papuan National Coalition for Liberation based in Vanuatu says a united call for dialogue for the peaceful resolution of issues with Indonesia mean the old divisions have ended.

ONDAWAME: Papuans are united in their aspirations for political change.

SNOWDON [TO ONDAWAME]: Are the groups working together successfully now?

ONDAWAME: Yes, we’re working together both inside West Papua in the
guerilla camp in the jungle and also in the outside world to raise the
voices of the West Papuans to the international community that we are
united.

SNOWDON: And he calls on the Melanesian Spearhead Group and the
Pacific Island Forum to do more to promote reconciliation between
Indonesia and Papua.

ONDAWAME: These two bodies must stand together to address the issue of West Papua and to send a fact finding mission to investigate the human rights situation in West Papua and other related issues.

SNOWDON [TO ONDAWAME]: Given the recent case of torture case against members the Indonesian military do you see any change in Jakarta and in the president’s office towards a better deal for Papua?

ONDAWAME: The culture of torture [by the] military has continued for
the past 54 years after occupation.

SNOWDON: Is there no improvement?

ONDAWAME: No improvement at all.

Kampung inhabitants need more medical personnel

JUBI, 22 February 2011

Kampung inhabitants need more medical personnel

People living in Mosso kampung, district of Muaratami have urged the
Health Service to increase the number of medical personnel available to kampung dwellers because it is very inadequate at present.

‘We need help from the medical service because we are getting complaints every day from patients about the lack of medical facilities,’ said Charle Wetapoa, an official.

He said that the lack of personnel had been a problem for years, with
the result that people living in the kampung are finding it difficult to
get the medical assistance they need. He said that there were only two people working at the clinic in the kampung

He said that they have called on the Health Service in Jayapura to
prioritise medical personnel for Mosso this year , which would help
improve the conditions of the people in the kampung, especially with
regard to their health.

The Mosso kampung is part of the administrative district of Jayapura
Municipality but is located at a great distance from other kampungs in
the same district, meaning that it is very difficult for the people to
get the service they need. There are altogether 45 people living in the
kampung.

[COMMENT: This is happening in a territory like Papua that is providing
revenues for the Indonesian state coffers from the hugely profitable
mining operations of Freeport copper-and-gold mine. TAPOL

INDONESIA: Widespread impunity in Papua aggravating tensions

 

Date: 22 February 2011 03:15:24 CET

FOR IMMEDIATE RELEASE
February 22, 2011
ALRC-CWS-16-06-2011

Language(s): English only

HUMAN RIGHTS COUNCIL
Sixteenth session, Agenda Item 4, General Debate

A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status

INDONESIA: Widespread impunity in Papua aggravating tensions

The Asian Legal Resource Centre (ALRC) is seriously concerned by ongoing, widespread human rights violations and violent acts being committed by the Indonesian security forces in the Papuan highlands in Indonesia. Impunity typically accompanies even the most serious abuses, as shown by the lack of effective remedies in a case of severe torture that the ALRC has documented recently. Despite institutional reforms in Indonesia, effective accountability for human rights violations in Papua is lacking, resulting in impunity that then engenders further atrocities.

Impunity and the sense of injustice that it engenders in society are having a strong impact on social stability and cohesion in Papua. Repression, discrimination and human rights violations by the Indonesian security forces are adding to tensions. Papuans reportedly feel like second-class citizens in Indonesia, even within Papua itself, and face discrimination, poverty and injustice as a result. The military arbitrarily suspect Papuans of being linked with rebel groups and stigmatise them, subjecting them to abuse.

Autonomy law rejected

The State has failed to provide justice and remedies and to bring prosperity and equality to Papua through the Special Autonomy Law, despite it being Indonesia’s most resource-rich region. Demonstrations in Jayapura, the capital of the Papuan province, have repeatedly rejected the Special Autonomy Law of 2001, with many civil society speakers having labelled it as being a failure. The autonomy parliament in July 2010 issued a decree formally rejecting the law and demanding a referendum on the political status of the autonomy region. The law was rejected mainly due to it having failed to deliver on any of the key demands of indigenous Papuans since its enactment. These include economic aspects but security and the need for protection against discrimination and human rights violations also figure highly.

The repeated calls by Papuan politicians, church and other civil society leaders for a dialogue between Papua and Jakarta have not been responded to by the government. Given the ongoing grave human rights violations by Indonesian security forces and the deteriorating relations between Papua and Jakarta, the ALRC is concerned that the situation of human rights risks declining seriously in the coming period, unless Indonesia takes meaningful action to address its role in the worsening situation. To be credible in doing this, the Indonesian government and military must ensure that human rights violations are halted and impunity is shown to be being dismantled, with justice being served and reparation being provided to victims.

Torture and impunity — a symbol of abuse and injustice

In the high-profile torture case mentioned above, which remains emblematic of the situation of human rights in Papua at present, Mr. Tuanliwor Kiwo, an indigenous Papuan man, was arbitrarily detained and tortured in May/June2010 by the Indonesian military. Mr. Kiwo was arrested at the Kwanggok Nalime TNI post near Yogorini village on his way from Tingginambut towards Mulia, Papua, Indonesia. During two days of detention, Mr. Kiwo was subjected to several serious forms of torture including burning, beatings and other forms of violence, resulting in serious injuries and Mr. Kiwo falling unconscious. He was able to escape in the morning of the third day. Mr. Kiwo is currently in hiding for security reasons but has given a detailed testimony of his torture in a video recording.1

While cases of torture are often reported from Papua, this case received significant international attention after video footage of the torture2 was published by the Asian Human Rights Commission (AHRC) in October 2010. As a result of the significant public pressure concerning this case, three members of the military were tried in a military tribunal for disobeying their superior’s order to release the victim and were sentenced to between nine and twelve months imprisonment. The ALRC is concerned that the charge and punishment in this case are not commensurate with the gravity of the violation that severe torture represents. Furthermore, the victim has not been provided with any form of remedy. Despite its high profile nature, this case speaks to the Indonesian system’s inability to address torture as a serious crime and human rights violation, and its failure to provide adequate reparation to victims. In less visible cases, even less can be expected, and impunity typically prevails.

In another case of violence by members of the military in the March 2010, that was also published in October 2010, the perpetrators have received sentences of an equally disproportionately low nature. Three solders from the Indonesian military’s Pam Rahwan Yonif 753/Arga Vira Tama squad, based in Nabire, Papua, were given a five-month imprisonment sentence by the military court III/19, Cenderawasih military command in Jayapura in November 2010, for having kicked and beaten arrested indigenous Papuans whom they suspected of involvement in separatist activities. The names of the convicted officers are Chief Pvt Sahminan Husain Lubis, Second Pvt Joko Sulistiono and Second Pvt Dwi Purwanto. Military judge Lt. Col. Adil Karokaro explained in the verdict that the defendants had breached the Indonesian military’s code of conduct by torturing the residents.

The government of Indonesia continues to deny the widespread use of violence by the Indonesian military in Papua, and alleges that these violations are rare and isolated, individual cases. However, the ALRC continues to receive further cases of violence against indigenous Papuans, including killings by the police and military, arbitrary arrests, the burning of houses and killing of livestock, which point to a widespread pattern of the use of violence, as well as a policy of intimidation by the Indonesian military.

Human rights violations and other crimes committed against civilians by members of the military are still only tried by military courts, which lack independence, transparency, a comprehensive penal code incorporating human rights norms, and a system of punishments that are proportional to the severity of the crimes committed. A military tribunal is not able to hold perpetrators of torture accountable in line with international law standards. Such tribunals cannot invoke any military regulations that prohibit the use of torture. Therefore, perpetrators cannot be tried for committing torture and no remedies can therefore be provided to victims.

Furthermore, the country’s penal code does not include torture as a crime. This means that members of the police that commit torture remain immune from criminal prosecution. Indonesia is therefore failing to comply with its obligations under the Convention Against Torture. Indonesia ratified the Convention against Torture in 1998, but the use of torture is still widespread and systematic, as cases received and documented by the ALRC attest. The promised review of the penal code has been delayed for years despite recommendations made to the government of Indonesia, which it accepted, during the Universal Periodic Review in this regard.

From a human rights perspective, it is vital for Indonesia to immediately begin to take credible action to tackle impunity and be seen to be tackling it in an effective way. Jakarta must ensure that the security forces halt the use of excessive force and violence-based strategies in dealing with security-related issues in Papua. Allegations of human rights violations must be investigated and any lacuna in legislation and due process must be addressed. For example, torture must be criminalized in line with Indonesia’s international obligations under the Convention Against Torture. Military personnel who are alleged to be responsible for human rights violations against civilians must be tried in civilian courts.

The ALRC invites the Special Rapporteur on the independence of judges and lawyers to recommend institutional reforms to the government of Indonesia to ensure that members of the military are held accountable by independent courts that uphold human rights and constitutional values and ensure that these are made available to legislators in Indonesia.

The ALRC also requests that the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment follow up with the Indonesian government to ensure the full implementation of the recommendations made to Indonesia during the UPR review regarding the review of the penal code and the full criminalisation of torture.

Furthermore, the ALRC urges the Indonesian government to heed the call for dialogue made by the Papuan indigenous community and avoid a further deterioration of the conflict in Papua. Finally, the ALRC calls on the Indonesian government to release all Papuan political prisoners, in order to show its commitment to a new path towards peace, security and human rights in Papua.

——–

Footnotes:

1 http://www.youtube.com/watch?v=eX5CuZhFFCI
2 http://humanrightsasia.blip.tv/file/4446942/

# # #

About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.

International Human Rights Day 2010 – Download our pre-print PDF version of the annual reports here.

—————————–

Asian Human Rights Commission
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Hongkong S.A.R.
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367

URL: humanrights.asia
twitter/youtube/facebook: humanrightsasia

DAP: Transmigration harmful to local people

JUBI,16 February 2011

Responding to a report that the government plans to send more
transmigrants to Papua, the chairman of DAP, Dewan Adat Papua, Forkorus Yoboisembut said this was a serious matter because it would turn the Papuan people into a minority, as well as triggering conflict.

‘As the representative of the adat (traditional) people in Papua, I
reject the transmigration programme which fails to safeguard the
position of the local people,’ he said. It is reported that the government has allocated Rp 600 billion to pay for the transmigration of people from Indonesia to a number of places in Indonesia regarded as being ‘under-populated’, including Papua.

‘I hope the central government will consider this matter carefully
because the transmigration programme to Papua has already resulted in the marginalisation of the indigenous people at a time when a lot of
development work is going on.’

Forkorus said that the location of transmigrants in many places in
Papua has made it difficult for the local communities to preserve
their own culture and lifestyles. Development of more luxurious
lifestyles intensifies the marginalisation of the little folk. In addition, with the government’s attention being focused on the transmigrants, feelings of envy emerge because the local people do not get the same degree of attention.

He also said that the transmigration programme under way in Papua
undermines Papuans’ sense of being masters in their own homeland because the vast majority of those now running the economy are non-Papuans. Papuans are not yet able to compete with the newcomers in economic affairs and this is something the government needs to give serious attention to.

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