Tag Archives: Deadline for return of OTSUS

Warinussy: Stop ‘Otsus Plus’, reinstate original Otsus Articles 77, 78

January 31, 2014

By Yan Christian Warinussy (via Tapol)

Opinion

After reading the contents of the Draft Law (Rancangan Undang-Undang, RUU ) on Papuan Special Autonomy (recently known as ‘Otsus Plus’) – in particular the twelfth and thirteenth drafts – as a Senior Advocate and Papuan Human Rights Defender I would urge the Governor of Papua Lukas Enembe, and Governor of West Papua Abraham Octavianus Atururi, to immediately return to the mandate of Articles 77 and 78, Law No. 21/2001 on Papua Special Autonomy as amended by Law No.35/2008.

The Mandate of Article 77 No.21/2001 states: “Proposals for the amendment of this Law may be submitted by the people of the Papua Province through the MRP and DPRP to the House of People’s Representatives or the Government according to the statutory  regulations.”

While article 78 No.21/2001 reads: “The application of this Law shall be evaluated annually and for the first time at the end of the third year after this Law comes into effect.”

In my opinion, both governors should have been aware that the two draft laws that have been submitted to President Susilo Bambang Yudhoyono were not rooted in the interests of the people of Papua, in particular indigenous Papuans.

This process has come about as a result of the desire of both provincial governments to amend the Papua Special Autonomy law without meeting the legal and mandatory constitutional requirements mandated in Article 77 and the 78.

This has been exacerbated further by the lack of understanding of the Papuan People’s Consultative Assembly (Majelis Rakyat Papua, MRP) about law making procedures and processes, and the failure of the institution to act as a cultural representation of the indigenous people and struggle for their aspirations; the people have already rejected Special Autonomy as a failure and they demand a peaceful dialogue facilitated by a neutral third party.

The draft ‘Governmental Law on Special Autonomy in the Land of Papua’ has now been submitted to the President, and if eventually used to formulate an Act to replace Law No.21/2001 on Papua Special Autonomy, then it will only open the floodgates to numerous judicial review applications in the Constitutional Court.

In addition, I am certain that the House of Representatives (Dewan Perwakilan Rakyat RI) will not accept and approve the bill on the basis that the drafted Otsus Plus law fails to respect the procedures and processes required by our constitutional law.

Moreover, the Papua Special Autonomy Law was initiated by the House of Representatives in 2001; any changes to the scope of the legislation would require it to go through various stages of readings in the House of Representatives itself.

Yan Christian Warinussy is the Executive Director of LP3BH Manokwari,  Member of the Steering Committee of Foker LSM Papua, and Secretary of the Commission on Human Rights, Justice, Peace and the Integrity of Creation Working Committee, GKI Manokwari diocese.

Available online in Indonesian:

(Edited for clarity by WestPapuaMedia)

Hana Hikoyabi advised to withdraw from MRP and struggle from outside

Bintang Papua, 17 April 2011Jayapura: Now that the deadline of 14 days set for MRP member Hana Hikoyabi [to produce a clarification of her position] has passed since the swearing in of members of the new MRP, it would be better if she were to withdraw as a member of the MRP.

Political commentator Lamadi de Lamato told Bintang Papua that  she should withdraw her name as a member  rather than sit as a member of the MRP and keep having her critical remarks pounced on by the central government. According to the logic of the Indonesian state, the policies of the state must be accepted  even though they fail to take the side of the Papuan people, he said.

In his opinion, Hana should withdraw her name and wage her struggle from the outside without having to make compromises.

Many Papuans would have far greater respect for her outside the MRP than if she were a member  According to Lamadi, insisting that Hana should produce a clarification was virtually an act of terror  against an MRP member, warning her not to be critical  or consider the aspirations of the Papua people.

‘This is just like what happened under the New Order (of Suharto) and its demands for special investigations ((Litsus) towards people who were regarded as enemies of the state,’ he said.

There are many things that are going wrong in Papua; any protest  should not necessarily result in restrictions being imposed on people.

‘Hana  should not be treated like an enemy  and be forced to be loyal to whatever the state demands. Some people believe that the former chairman of the MRP Agus Alua  died because of his disagreements  with things coming from central government, but he should not be blamed for that.’

With regard to the recruitment of members of the new MRP, many people feel very disappointed. ‘The state can act as it likes, but these acts of terror should end,’ he said.

As already reported, the new MRP should have 75 members but only 73 were sworn in because two names had been struck off the list, Agus Alua and Hana Hikoyabi. It was said that if these two had delivered written statements of verification, they could both have been appointed as members of the MRP.

Interior Minister accused of exceeding his powers in excluding Hikoyabi

Bintang Papua, 14 Apil 2011
Abridged in translation by TAPOLJayapura: The statement by the interior minister, Gamawan Fauzi, that Hana S. Hikoyabi, member of the first-term MRP must deliver a clarification about her position within 14 days before being sworn in as a member of the new MRP was described  by Budi Setyanto SH as being beyond his authority and in breach of the law.

Since that person was chosen by the people, the interior minister should have sworn her in on 12 April.

If he declares that Hana does not agree with Special Autonomy (OTSUS) or with the way of recruiting of members of the MRP, this is simply a difference of opinion but the fact is that she was chosen by the Papuan people means that she clearly does not reject OTSUS because the MRP was set up because of OTSUS, and without OTSUS, there would be no MRP.

Budi said that the interior minister’s statement is against the law.

A member of the first MRP, Simon Simunapendi, said that the failure to swear in Hana Hikoyabi was because she had been told to produce a clarification with regard to the grand assembly held from 7-10 June 2010 and reveals a misunderstanding  about the role of that assembly because Law 21/2001  Article 20  makes it clear that members of the MRP must promote the aspirations of the Papuan people. Bearing in mind that these aspirations were expressed by representations of 254 ethnic groups  who had come together to express their aspirations, it meant that Agus Alue Alua and Hana Hikoyabi were duty-bound to present these aspirations to the DPRP.

They were only acting in accordance with the provisions of the MRP, expressing the wishes of 254 ethnic groups, and there was no other motive for what they did.
.
Since the news that Hana Hikoyabi had not been sworn in as a member of the MRP, no one has been able to make contact with her, including people from the media. The failure to swear her is seen as being directly connected to the many actions rejecting OTSUS that have taken place since the beginning of 2011.

The decisions taken at the grand assembly in June 2010 were not the product of the MRP and the individual members of the MRP cannot be held personally responsible for those decisions.

MRP member Hanna Hikoyabi given 14 days to clarify her political position

Bintang Papua, 14 April 2011Abridged in translation by TAPOL

Hanna Hikoyabi is given 14 days  to clarify her political position of rejecting OTSUS

There were two persons whose swearing in as members of the new MRP did not take place, when the Indonesian interior minister Gamawan Fauzi swore in the members of the new MRP on 12 April. Of the 75 members, only 73 were sworn in.

One was Agus Alue Alua whose death was announced some days ago. The other was Hanna Salomina Hikoyabi. With regard to Ms Hikoyabi, she has been told by the interior minister that she must provide a ‘clarification’ within fourteen days before her membership of the MRP can be accepted. If she fails to provide this, another woman will take her seat in the MRP.

Didi Agus who is the acting head of the Unified Nation of the People of the Province of Papua refused to explain what conditions she would have to comply with nor why her swearing in was being delayed. But in an indirect fashion, he implied that it was connected with widespread actions rejecting special autonomy which took place during the run up to  the appointment of members of the new MRP in the early months of 2011.

Besides calling for the ‘return’ of OTSUS, they  also called for a dialogue between the Papuan people and Indonesia, mediated by a third party. These demands were drawn up at a mass assembly of Papuans that took place from 7 – 10 June 2010, which was held at the offices of the MRP. According to Didi, this could not be seen s a decision of the MRP and not all members were being held responsible for the decisions.

In a previous meeting that took place recently  between the minister of the interior and the governor of Papua in Jakarta,  it was stated that some candidates for the new MRP had constantly been talking about the ‘disintegration’  of the nation, whereas according to presidential regulation (PP) 54, 2004,  members of the MRP  must be loyal to the  Pancasila and to the Indonesian Constitution as a Unitary State.

If these problems were being raised, it would not only be Hanna Hikoyabi whose membership should be considered but others too who  also took part in the June 2010 meeting.

Deadline of 22 March for DPRP to return OTSUS

Bintang Papua, 8 March 2011

[Abridged in translation,]

Several hundred people attended a demonstration in Jayapura on Tuesday 8 March, mostly from the Central Highlands Students Association, urging the provincial legislative assembly, the DPRP, to convene a special session to declare that OTSUS (the special autonomy law) has failed and that it should be sent back to the central government at the latest by 22 March this year.

The demo coordinator Selpius Bobii said that OTSUS had been a complete failure, it should be repealed and the MRP should be disbanded. The government should respond without delay to the eleven recommendations made last June and foreign countries should stop providing money to support OTSUS.

The churches should withdraw their members from the second-term MRP now eing formed. He also called for a halt to all investments in Papua which are exploiting its national resources, including Freeport, MIFEE, the Degeweo mining company, Ilaga and PLTA construction works.

There was also a call to the Pope in the Vatican and the World Council
of Churches in Geneva to pay attention to the serious problems in West Papua in order to save the people from annihilation. The Papuan people and supporters abroad should organise large demonstrations from 22 to 24 March, calling on the executive and legislatures in Papua and West Papua to return OTSUS to Jakarta.

A spokesman for the National Committee of West Papua, KNPB, called on the younger generation of Papuans to show the world that they want freedom. ‘Since Papua became part of Indonesia, there has only been bloodshed, oppression and killings everywhere in Papua,’ he said. Other speakers spoke in the same vein.

Some members and leaders of the DPRP met representatives of the
demonstrators afterwards.

The chairman of Commission A of the DPRP, Ruben Magai said that the
blame for the failure of OTSUS rests with the executive and that the
DPRP has no powers to take decisions to affect the situation.

The demonstrators also took their demands to the governor of the province.

Selpius Bobii also read out a statement saying that they would boycott
the elections now under way for mayor and governor if the national
parliament does not respond to these aspirations. They also threatened to occupy the office of the governor if these demands continue to be ignored. He said that they would wait till 4 April, at which time they would occupy the governor’s office, a statement that was responded to very enthusiastically by the demonstrators.