Oksibil community challenge police in provincial election boycott: allow our free expression or let us fill your prison

January 20, 2013
West Papua Media
Oksibil, Papua (in red square)
Oksibil, Star Mountains, Papua (in red square)
A  January 19 demonstration of over 500 people asserting Papuan rights to freedom of expression defied a police ban on gatherings in the remote town of Oksibil, in the Pegunungan Bintang (Star Mountains) Regency, close to the Papua New Guinea border.  Challenging police to arrest over 500 people, the protest also announced a boycott of provincial gubernatorial elections being held in the regency until January 29.
Credible local sources reported to West Papua Media that local Papuan people had been frustrated with ongoing restrictions on independent Papuan political expression, and were asserting their human rights to free expression despite the risk of arrest.
“(We are here) to express the community’s opinion through a statement from the indigenous community of Papua, in regards to the matter of the blocking of the planned visit by the U.N Special Rapporteur on the Promotion and Protection of the Right of Freedom of Expression and Opinion, Mr Frank La Rue, to Indonesia from 14-26 January 2012 which relates to the the decisions of the Human Rights Committee 107 and 108 at the U.N Session in Geneva,” a spokesperson for the local rights group West Papuan Interest Association told West Papua Media via email.
The sources also reported that the gathering was angered by the Regency police chief’s ban on public free expression, and so withdrew their consent and participation to the notoriously corrupt and divisive Indonesian imposed provincial gubernatorial election process.

The WPIA spokesperson told West Papua Media on Saturday afternoon via SMS that a large (but unspecified number) of police were physically blocking the demonstration from occurring, despite the rights to Freedom of Expression being guaranteed in both Indonesian law and also Special Autonomy legislation.

“The WPIA had sent a letter to the Head of Police in Pegunungan Bintang regarding the matter of the above peaceful gathering and advising them it would be carried out at Oksing-sing (in Pegunungan Bintang) on 23 January 2013, and that the group would remain in one location, nor would not disturb the proper order of public affairs or public activities, and would not be breaking any rules,” said the WPIA spokesperson.
“However the Head of Police in Pegunungan Bintang gave a letter in response saying they would not authorise the gathering,” said the spokesperson.
According to witnesses though, the gathered people were determined to go ahead with the planned action.   Speakers said that if the action was prevented from occurring, the entire crowd of over 500 people would go immediately with the WPIA Organiser to the Pegunungan Bintang Police Headquarters.
“They would demand that the Police detain every one of them in the prison until 29 January 2013 after the general Election for the Provincial Governor, and then release them after that,” the WPIA spokesperson told West Papua Media.
Police reportedly backed down after this, though West Papua Media has not as yet been able to independently verify this.
Oksibil historically only has sporadic public events of political free expression, and remote area expressions of political dissent have usually been met with brutality.  For the police to not forcefully disperse a gathering is exceptionally uncommon.
The demonstration self-dispersed without reported incident, and no reports have been received as yet about any reprisal actions from police.
West Papua Media

Again, families question TNI legal processes after November shooting of Pastor Frederika Metalmeti

by Oktovianus Pogau
January 7, 2013
Merauke, Papua: Anis Jambormase, a family member of female pastor Frederika Metalmeti (38 years old), is questioning the legal process against the shooting of their child in Boven Digoel, Papua, on 21 November 2012.
https://i0.wp.com/suarapapua.com/wp-content/uploads/2012/11/TNI-AD-Kontingen-Lomba-Tembak-AARM-ASEAN.jpg
“We still have hope Danrem (KomanDan Korem or Battalion level Commander) 174/ATW from Merauke and the Commander XVII from Cenderwasih will close the legal proceedings.”
When contacted by Suara Papua (suarapapua.com) on 7 January 2013, a statement was delivered by Jambormase in Tanah Merah, Digoel, Papua.
According to Jambormase, through Danrem 174/ATW Merauke, the TNI has confirmed one of the shooters was from the military.  Accordingly, the TNI has pledged to fire any corrupt officers.
“Our family will continue to wait for the trial to take place in the Supreme Military Court in Jayapura”, said Jambormase.
Sadis, Pendeta di Papua Ditembak
Meanwhile, when contacted by the media this afternoon, Lieutenant Inf Jansen Simanjuntak from Cenderwasih, claimed all suspects had already been handed over to the military in Mahmil (Mahkamah Militer or Courts-Martial / Military Court).
Speaking on the telephone, “The military in Mahmil are currently going through the files.  If they’re satisfied, the trial will be held in the near future”.
According to Kependam, since the beginning of the trial, the Commander vowed to proceed with the case.  Any individual members who commit such acts will be severely punished.
“We ask for the family to believe in the Commander’s promise, he is not messing around with this case, the legal proceeding will take place”, said Lieutenan Inf Jansen Simanjuntak.
As reported in the media (Ironis, Dua Oknum Anggota TNI Tembak Mati Pendeta) on 21 November 2012, two people shot dead female priest Frederika Metalmeti close to the police headquarters in Tanah Merah, Digoel.
A hospital official who had conducted an autopsy on one of the victims said gunshot wounds and bruises were found on the body.
There were three shots to the body: the head, the left chest and right arm.  Sharp tools had caused bruises and cuts on the face.
When the national Commission on Human Rights met Commander XVII Major General Zebua Christian from the Cenderawasih military on 30 November 2012, he promised to severely punch rogue member of the military, and that a dismissal process will be considered.
(Translated by West Papua Media volunteer translators)

Yalimo uni students questions over 96 Civil Service applicants admitted without test

Tabloid Jubi

By Eveerth Joumilena

January 6, 2013


Jayapura – University students from Yalimo question the acceptance of 96 Civil Servant Candidates (CPNS) by the local government of Yalimo. The candidates will be included in job training in Wamena. “However they didn’t sit a test and they didn’t register,” said Simon Walilo, Chairman of Yalimo’s student body in Jayapura, at a press conference in Prima Garden, Abepura on Saturday (5/1).

 According to Simon, the university students from Yalimo asked the local government to address this pro-actively, because problems like this shouldn’t be allowed to happen again. “We also ask the employees who have allowed this to happen to be punished in accordance with the law,” said Simon, who was accompanied by other students.

Simon also regrets there are officials who are unfit to perform their work and function in running government, thus inhibiting development in Yalimo. “Students and community members hope for positive development in Yalimo, so they have to see the potential, and officials who have the skills and work in the field, must use these [skills] to support more positive changes,” he explained.

A press release has been distributed detailing that on the 2nd January 2013 the District of Yalimo was tarred by donations from several local government offices. The head of the Care Team for Development Yamino, Ny. Stevina Kawer, as well as Field Co-ordinator, headed an action in which hundreds of people participated and donated to a variety of offices.

This action was supported by the Head of the Regional Employment Agency Yalimo (BKD) and is an indication of introversion and political interests. According to an announcement by Media Cenderawasih Pos on the 29th March 2011, 96 CPNS applicants were admitted from a total number of 394 applicants who passed the tests fairly. So the aforementioned organisation has violated procedures for acceptance into CPNS nationally.

In Wamena on the 3-26 December 2012, the number of job training applicants was 490, up from the 2010/2011 figures of 394 applicants. This also needs to be seriously questioned. BKD has just given SK CP on the 20th November 2012, urging employees to do the job training. Another question must be asked, what’s the cause of this urgency?

The press release also stated there was evidence to suggest 90 people hadn’t completed the requirements, hadn’t sat a test, and no names were announced in the Cenderawasih Pos.

But these people were appointed unilaterally by BKD to become CPNS, then involved only in the last stage to undergo the CPNS job training in 2010/2011. In the 2011 CPNS intake there were 96 people accepted without sitting a test, so the university students have been interested in questioning these donations.

Meanwhile, the head of the Coalition of Concerned Students for Development, Yalimo, Leo Himan, added that this occurrence was strange and implausible because 96 trainees were admitted without a test. “They can go ahead with the job training without sitting a test or even registering, and yet this is a national process, so to us it’s really strange.”

The group also supports donations beginning from January 2013, because this issue can be seen as local governments looking at the problems occurring in development. The press release also included the names of participants who were accepted into CPNS without a test.

Also relating to this issue, the group asked the local government to discontinue regional and provincial expansion, as the current areas are unable to control or manage their communities.

“No more expansion, including on a provincial level, because these areas on their own aren’t yet capable of self-management. We want change, but as it is, this will hinder development and progress,” said Leo.

(Translated by West Papua Media volunteer translators)

MIFEE: Latest News Reports

via AWASMifee

January 7, 2013

Representatives of the Lembaga Masyarakat Adat (Customary People’s Association), together with other people affected by the MIFEE mega-agriculture project, made a visit to Papuan provincial capital Jayapura just before Christmas. In meetings with Papuan media, they explained the new problems local communities in the Merauke Area are facing as different companies rush to develop oil palm and sugar cane plantations.

Here is a selection of articles published in local media Tabloid Jubi and Alliance for Democracy In Papua(ALDP).  Amongst the issues the delegation raises are the companies’ broken promises about the facilities they said they would provide or the compensation for the land, pollution, lack of information about the legal status of the land and coercive behaviour from the military that back up the companies.
When they have accepted work in exchange for giving up their forests, wages have been too low to provide for daily needs. They also ask for all company permits to be revoked, as local people have not been involved in decisions about development.

Company’s promise to build education facilities were lies.

Source: http://www.aldp-papua.com/?p=8009

A company’s promise to build health and education facilities for local land owners around its investment site in Muting, Elkobel and Ulilin districts in Merauke Regency, has still not come to fruition.  “It was all lies, we’ve waited until now but there has been no answer. Blueprints have been drawn up, but they remain no more than sketches,” said the head of the Malind Bian Customary People’s Association (Lembaga Masyarakat Adat LMA), Sebastianus Ndiken in Jayapura last Friday.

According to him, when the company was informing the indigenous clans that own the land in Muting District of its plans some time ago, they had promised employment and also to improve education, including giving scholarships to local youth. “We have already asked when this will be, but the company has said not yet, we have no idea when it will actually happen, but they have been operating on our land for some time,” he said.

Mr. Ndiken related that one of the companies operating in Muting is PT Agriprima Cipta Persada (ACP) After about four months of operation, we are starting to see logging of the people’s forests in the area. “Look, here’s the plans I’ve brought with me. It shows plans for a school. The plans are well-drawn, but the school has never materialised,” he repeated.

Amongst the big companies that are developing oil-palm plantations in Merauke are PT Korindo Tunas Sawaerma, PT Bio Inti Agrindo, PT Berkat Cipta Abadi and PT Papua Agro Lestari.

When they move in, the companies say they are only borrowing the land on a 35 year contract, and after that it will return to its owners. “We believed that. But now we have found out that one oil palm company, PT Bio Inti Agrindo, has already obtained a permit for commercial use (HGU). We realised that in principle, HGU rights mean that after 35 years of commercial use the land will be returned to the state. To us this means that the company has failed to settle the issue of our customary rights as the true owners of the land”, he explained.

He is asking for the company to immediately fulfil it’s promises. “We don’t want problems, don’t let what happened in Mesuji occur in the land of Malind Anim. [awasMIFEE note: at least nine farmers, maybe more, have been killed in clashes with oil palm companies in the Mesuji area of Sumatra in the last two years]. We want progress, but progress that doesn’t deceive the people”, he concluded.

The most recent data from the Merauke government was that 10 of the 46 companies with investment plans were actively pursuing their operations in early 2012.

The project location is the local indigenous people’s only source of wood, animals and staple foods. Merauke Regency covers 4.7 million hectares, of which 95.3 percent is classified as forest.

Customary People’s Association wants big companies out of Merauke.
Source: http://www.aldp-papua.com/?p=8004

The Malind Bian Customary People’s Association (LMA) has requested the government to revoke and cancel all location permits of companies in the plantation sector in Merauke Regency, including oil palm.

“We have witnessed ourselves how companies are felling our customary forests that we have always protected and looked after. Destroying the forest has also caused the loss of several varieties of traditional medicine,” said the head of the Malind Bian LMA Sebastianus Ndiken on Friday.

He told of how it is becoming increasingly difficult for people to find sago, animals to hunt, materials for traditional clothing and other traditional items that had previously been found easily in the forest. For them, the damage to the customary forest is also the loss of the Malind Anim culture.

“Companies come to the village but never give us full, clear and true information. The company also doesn’t involve indigenous people and landowners from the outset. Similarly, information about regulations and permits is not given openly,  clearly and in detail, including information about the potential impacts to our  customary land that could arise from those company permits”, he said.

There has never been full involvement of all clans in the process of informing about plans, consultation and verification of which clans own which land, Mr. Ndiken continued. The company only talks to the clan chiefs and community leaders, including district government officials, so the customary lands can be evicted and destroyed. The kind of involvement the LMA would like to see would include attending the process of compiling environmental impact assessments, and consultations and evaluations about those environmental impact assessments.

“The LMA which is comprised of representatives of indigenous communities, has frankly not been involved. Neither have landowners whose land has not yet been evicted and destroyed. This means that not all our desires and aspirations have been properly conveyed”, he said.

According to him, the government, which should have a duty and obligation to protect, respect and advance the people’s rights, is not on the side of the indigenous landowners.

Amongst the large companies operating in the oil palm sector in Merauke are PT Korindo Tunas Sawaerma, PT Bio Inti Agrindo, PT Berkat Cipta Abadi and PT Papua Agro Lestari.

When the companies moved in, the government said that customary land would only be borrowed for 35 years and then returned to its owners. “We believed that. But now we have been told that one oil palm company operating on our land, PT Bio Inti Agrindo, has obtained a permit giving the company commercial use rights (HGU). We realised that in principle, HGU rights mean that land is returned to the state after 35 years of commercial use. To us this means that the company has failed to settle the issue of our customary rights as the true owners of the land”, he
explained.

He also said that this means that the company has deliberately deceived and disregarded the people and erased their customary rights by gaining agreement for commercial use rights. “So we must make clear that if the company wishes to continue using customary land then it must ask for our agreement as landowners and must ensure that the land will be returned to the clans that are the customary landowners once the company’s tenure is finished”, Mr Ndiken said.

He said that the LMA is also demanding the immediate cancellation of all location permits on customary land. The companies must also take responsibility for restoring the forest and giving compensation to people along the Bian river as far as Kaptel. “The government also needs to take action and start tackling the disruption and environmental pollution that the company’s activities have caused.

Yeinan People Reject Oil Palm Company
Source: http://tabloidjubi.com/?p=7652

The Yeinan ethnic group in Merauke Regency, Papua, reject the oil palm company which wishes to operate in their area. This oil palm company is part of the Wilmar Group.

A Yeinan man, David Dagjiay, said to reporters in Abepura on Friday (21/12) that he was currently negotiating with PT Wilmar Group that are trying to start an oil palm plantation in the Yeinan area. “We are still trying to agree some trade-off where we could agree to the company’s presence. On the whole people reject oil palm companies”, he said.

PT. Wilmar Group plans to plant 40,000 hectares with oil palm. However, until now they have not commenced clearing because local landowners have not agreed to surrender their lands. According to David, the Yeinan people inhabit six villages: Poo, Torai, Erambu, Kweel, Bupul and Tanas.  “Out of these six villages, two have agreed to release their land to the company. The other four have not yet agreed”, he stated.

The people don’t want to be lied to. The Malind people have learnt from the  experience of oil palm companies already operating on Malind Anim lands in Merauke. Now they (the Malind Anim people, which includes the Yeinan), are suffering as a consequence of oil palm. They have lost their livelihoods. It is difficult to hunt deer in a forest when the trees have all been cut down by the company. People can also not consume river water nearby because it is contaminated by waste from the oil palm company.

David stated that there was already one company operating in Yeinan, PT Hardaya, which is planting sugarcane. “For us, one company is enough, no need for any more. We accepted the sugar cane company because sugar cane does not need a long time to grow. Oil palm on the other hand, needs a long time. Then it depletes the land leaving it barren and dry”, he said.

State Security Forces are still backing up companies in Merauke.
Source: http://www.aldp-papua.com/?p=8037

To secure logging areas in Merauke Regency, several companies are using the services of Indonesian state security forces.

“And that’s been kept secret, and we want to let people know that. They are involved from the moment when plans are first presented to the people right up until the development starts in the field”, said Paustinus Ndiken, the Secretary of Malind Bian Customary People’s Association in Jayapura.

According to him, the involvement of security forces personnel has meant that it has been easier for the companies to persuade people to surrender their land. “There have been times when they have also been there asking the people to give their land over to the companies, a prominent community member was once even beaten up while the company was presenting its plans. The situation was tense at that moment, I don’t know why, and then a customary leader was suddenly struck by a member of the security forces”, he stated.

He added that the people didn’t agree with police or military intervention in the process of discussions to transfer land rights. “If they want to keep the area secure, fair enough, but don’t get involved in this process – that’s the business of  customary landowners, the government and the companies and no-one else”, he said.

The head of the Malind Bian LMA, Sebastianus Ndiken said that the companies had contracted their land at low prices. In 2007, land was released for 50,000 rupiah per hectare ($6), later it rose to 70,000 Rupiah ($8) and is now 350,000 rupiah per hectare ($40). “We are being very strongly affected. We demand the price rise to 5,000,000 rupiah per hectare ($600). But the company doesn’t agree”, he related.

He also said that the companies had promised to build health and education facilities. “But these agreements have not been met, promises are still just promises”, he said.

David Dagijay, a Yeinan man from Merauke, said that the Malind Anim people do not want to be lied to. “We doubt that the company will ever build a school. Meanwhile, the land contract lasts for 35 years. Don’t let it become the company’s property after that”, he concluded.

The Yeinan area includes Toray, Poo, Erambu, Tanas and Kweel villages.  Yeinan is part of the larger Malind Anim ethnic group.

Workers Frustrated because wages are insufficient.
Source: http://www.aldp-papua.com/?p=8047

Hundreds of employees of PT Berkat Cipta Abadi in Merauke are frustrated because the company is not paying a fair wage for the work they are doing.  Employees are working for a daily wage of 62,000 Rupiah ($6.40).

“That is extremely low, while we are working in the heat. We ask for wages to rise to 80,000 or 100,000 rupiah a day”, said Melkias Masik-Basik, an employee of Berkat Cipta Abadi, in Jayapura.

He said that he has been working in the tree nursery for six months, without being absent a single day. “But it’s physical work. Yeah, this is money we would use for our daily needs”, said the 27-year-old man.

According to him, the company should pay the wages that have been established by law. Only receiving 60,000 a day means that Melkias gets on average 1.8 Million Rupiah a month ($190). If compared with what the company management recieves, it is far less. “That’s what is so frustrating for us, we want a raise”, he said.

PT Berkat Cipta Abadi (BCA) is involved in the oil palm plantation business. Apart from BCA, PT Korindo Tunas Sawaerma, PT Bio Inti Agrindo and PT Papua Agro Lestari are also operational. For Example PT Korindo puts thousands of people to work on oil palm plantations covering tens of thousands of hectares. Korindo is a joint venture between Korea and Indonesia which controls land between Boven Digoel and Merauke Regencies [awasMIFEE note: PT Berkat Cipta Abadi is also a subsidiary company of Korindo].

Neles Tuwong, an activist with the Justice and Peace Secretariat of Merauke Diocese adds that it is the company’s responsibility to provide security for its workers. “This on its own is a problem which must be overcome. I believe that landowners should be getting a bigger share”.

KNPB members unable to attend trial of Buchtar Tabuni

 

JUBI, 18 July 2012The first hearing in the trial of Buchtar Tabuni, chairman of the KNPB, the National Committee of West Papua took place but none of the thousands of members of the KNPB were present to give their support to the accused.

They were probably absent because of the circulation of text messages  and terror phone calls, giving them reason to believe that they would be included on the DPO, the  ‘wanted persons’ list and would be arrested and they didn’t want their names to be made public.

One man from the central highlands who did not want to give his name said that not all the members of the organisation were known to the police. ‘We dont want to have our names included on the ‘wanted’ list. Had we attended the trial, this would have helped.them..

He said that the absence of KNPB members at any of the trial hearings  would mean that the police succeeded in dampening the militancy of the KNPB.

But others who attended the trial said that the absence of KNPB members was a sign of who supports their struggle and who doesn’t support it. ‘It  proves,’ said one person, ‘who are the real friends and who are people who just want to take part in activities.’

But another person said that the KNPB members  were not prepared to take the risk of facing fabricated charges. They were protecting themselves by not attending the trial. ‘They probably don’t want to be charged with all manner of things,’ he said.

The police guard round the courthouse for the Buchtar trial was not as tight as the guard that was mounted when Forkorus Yaboisembut was on trial, when Brimob troops were guarding the courthouse. Nor were there as many people attending the trial of Buchtar as had attended the trial of Forkorus.

[Translated by TAPOL]

[Comment: Following the brutal murder on 16 June of Mako Tabuni, a leader of the KNPB, members of the organisation certainly could not take the risk of attending any trial that would put them in danger of suffering the same fate. TAPOL]

 

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