Tag: East Timor and Indonesia Action Network

5 VIDEOS ON STRIKE AT PT FREEPORT INDONESIA, Timika, Papua

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Papuan students demonstrate outside UNCEN, Jayapura

Bintang Papua, 30 June 2011
An announcement on Thursday about the selection of students at the
state university led to a demonstration being held by students who also
blocked off the Cenderawasih university campus in Waena. The entry to
the campus was blocked off while a small bonfire was burning in the
middles of the road. The demo was organised by the chairman of the
Students Association of Tolikara, supported by students of the faculty
of law at the university.

Speeches were made and leaflets were stuck on the walls, with demands to
the rector of the university.

One of the leaflets said: ‘Why is it that year after year, indigenous
Papuans account for less than 20 percent of the total while the other 80
percent are non-Papuans?

‘We are asking the rector to account for this, bearing in mind an
earlier promise that Papuans would account for 80 percent,’ said Terius
Wakor, co-ordinator of the action. This was a promise made by the rector
of UNCEN, Prof Dr B Kambuya.

‘We indigenous Papuan students feel very disappointed about this
because the rector promised that priority would be given to indigenous
Papuans with 80 percent of the places. Yet what has happened is that
only 5 percent of the Papuans were accepted into the university.’

Another of the students, Thomas CH Syufi, who also took part in the
demo, said: ‘We as representatives of the Executive Board of the
Students, the BEM of the Faculty of Law, strongly support the views of
our colleagues.’

Following the announcement about the students who were selected, he said
that they hoped that the rector would take account of the views of the
indigenous Papuan students, in view of what the rector promised last
year. ‘We very much hope that the rector will take some action with
regard to the Papuan students who did not pass the selection test. He
suggested that there should be another round of testing for a second
group of students to be accepted to the university.

Meanwhile the deputy rector said that while no promises had been made,
there had been a commitment to increase the percentage of indigenous
Papuan students. He said that at this level (the SNMPTN), it was
difficult to have an effect on the selection of students. He told
Bintang Papua that not enough Papuans were available from the IPS, and
very few had registered with the IPA programme.

[Apologies for not knowing what these initials stand for. TAPOL]

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West Papua Report June 2011

West Papua Report
June 2011

This is the 86th 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

The daughter of prominent Papuan political prisoner Filep Karma has written about the failure of justice in West Papua. In spite of democratic progress in much of Indonesia, she notes that “the old regime dies hard in West Papua.” Amnesty International‘s annual report on human rights trends in Indonesia documents continued human rights abuse, notably in West Papua, where AI cites the poor performance of security forces. The failure of the Indonesian government to afford justice in a number of outstanding cases of security force abuse in West Papua is exemplified in a recent case in which a civilian was killed by security forces who deny responsibility. The Indonesian government’s intervention to prevent an elected member of the Papuan Peoples Council from taking her seat is only the latest example of discrimination against Papuan women. The Indonesian military appears to be reassuming a major role in providing security for the Freeport mining complex. HIV/AIDS infections in West Papua continue to rise dramatically with the Freeport mine complex town of Mimika recording the largest increase. Observers continue to comment on the failure of “special autonomy” in West Papua.

Contents:

Daughter of A Papuan Political Prisoner Calls for Justice in West Papua

Audryne Karma, daughter of Filep Karma,  one of West Papua’s most prominent political prisoners, published a May 23 opinion piece in the Wall Street Journal.

Ms .Karma, while praising the democratic advances under President Susilo Bambang Yudhoyono throughout much of Indonesia, observed that for West Papuans “the old regime dies hard. Indonesia has yet to realize the promise of democracy and human rights for all of its citizens,” she writes. After ten years of failed “special autonomy” policies, Ms. Karma writes that West Papuans were “systematically persecuted” as they sought to call attention to special autonomy’s “broken promises.”

The piece by Ms. Karma, boldly and articulately explains that in West Papua, those members of the security forces who commit torture targeting innocent Papuan civilians receive the lightest of sentences (if prosecuted at all) while Papuans who engage in peaceful protest demanding their human rights are locked up for years.

She persuasively describes the case of her own father, Filep Karma, who is serving a 15 year sentence for his peaceful protest. She describes how a notoriously biased judge sentenced her father to three times the sentence recommended by prosecutors and that his Christian faith was openly mocked in the courtroom. During his imprisonment he has suffered repeatedly at the hands of his jailers, denied urgent medical care and punished for his efforts to mediate a dispute within the prison where he is incarcerated.

Ms. Karma notes that her father is one of at least 130 political prisoners who suffer torture and other abuses within a penal system strongly criticized by UN and other international observers.

In a an affront to justice, Ms. Karma writes that in 2007, Indonesia’s Supreme Court struck down the sedition provisions of the Indonesian Criminal Code under which her father and many other political prisoners were prosecuted. None of the political prisoners convicted under these overturned provisions has been released.

Recalling President Obama’s November 2010 visit to Indonesia and his appeal that “every child born in this country be treated equally, whether they come from Java or Aceh; Bali or Papua,” Ms. Karma hopes that the international community would hold President Yudhoyono to this standard. “The Indonesian government cannot be an exemplar of democracy, human rights and the rule of law while it persecutes those who peacefully insist that it live up to those very aspirations.”

(Note: also see Pacific Scoop’s May 5, 2011, “Jailed Leader Filep Karma And The Fight For Papua’s Future.” a detailed and compelling analysis by renowned scholar Dr. Richard Chauvel of Victoria University in Australia.)

Amnesty International Calls Attention to Continuing Violations of Rights in Indonesia

In its annual report for 2011, released in May, Amnesty International issued a broad condemnation regarding the performance of Indonesian security forces and of the Indonesian judicial system, singling out for particular criticism their role in West Papua and Maluku:

“The security forces tortured and otherwise ill-treated detainees, and used excessive force against protesters, sometimes leading to death. No adequate accountability mechanisms were in place to ensure justice or act as an effective deterrent against police abuses. The criminal justice system remained unable to address ongoing impunity for current and past human rights violations. Restrictions on freedom of expression were severe in areas such as Papua and Maluku.”

Security forces “tortured and otherwise ill-treated detainees, particularly criminal suspects from poor and marginalized communities, and those suspected of pro-independence activities in Papua and Maluku provinces.”

Two videos which emerged during 2010 revealed “members of the police and military torturing and otherwise ill-treating Papuan men. The first video
showed Yawan Wayeni, a Papuan political activist, just before his death in August 2009.” Amnesty International observed that despite severe abdominal injuries, Wayeni “was denied medical assistance by the police.” The second video “showed Papuans being kicked and otherwise physically abused by members of the Indonesian military, and two Papuan men being tortured during interrogation.” The AI report noted also that “Indonesian officials confirmed the authenticity of both videos.”

The AI writes that “freedom of expression continued to be suppressed.” For example, Ardiansyah Matra, a journalist covering corruption and illegal logging in Papua, was found dead in the province in July. “At least 100 political activists were in prison for peacefully expressing their views in areas seeking independence such as Maluku and Papua.” AI calls attention also the case of Filep Karma (see above).

AI reports that “Impunity for past gross human rights violations in Aceh, Papua, Timor-Leste and elsewhere continued… Most past human rights violations against human rights defenders, including torture, murder and enforced disappearances, remained unsolved and those responsible were not brought to justice.“

Failure of Justice in West Papua: A Continuing Saga

The Papuan Customary Council, DAP, expressed its disappointment with the rule of law in West Papua, including the number of cases in Papua that have not been solved, according to a May 14 report in Jubi, translated by Tapol.

DAP’s Forkorus Yaboisembut expressed disappointment that “the shooting of Opinus Tabuni on August 9, 2009 on International Indigenous People’s Day in Wamena has not yet been solved.’

Yaboisembut explained that “incidents like this result in the marginalization of the Papuans. They are being exterminated in their own homeland.’

The same Jubi article reports that Markus Haluk, the secretary-general of the Association of Students of the Central Highlands, complained that “a huge number of cases in Papua have remained unsolved. He mentions the Wasior case (2001), the Biak case (1998) and the Abepura case (2000).

These complaints about fractured justice in West Papua were made as yet another case of a Papuan killed by security forces was surfacing. According to a May 18 Jakarta Post report, a dispute involving members of the Indonesian military (TNI) allegedly led to the death of Papuan Derek Adii, 26, from Manokwari regency.

The article cites a news release by the synod of the Papuan KINGMI church which “said the incident erupted as a passenger ferry was about to leave the Samubase Port in Nabire.”

The synod report claimed that Adii called on soldiers blocking access to the ferry to make way after some children had reportedly fallen and been trampled by other passengers. The offended soldiers, who were part of the Nabire Military Command, then assaulted him. “One of the soldiers, Chief Sergeant Hans Aru, drew his bayonet and stabbed Derek in the eye and he died. His body was later thrown overboard,” according to the synod.

When asked for confirmation, the Jakarta Post wrote that Nabire Military commander Lt. Col. Tatang Suyatna denied the reports. “It’s slander,” Tatang said, who claimed that the soldiers were securing the ferry while it was docking when the incident took place. He alledged that the victim was fighting with other passengers who had accused him of stealing and the victim turned on the soldiers as they separated the fight and fell to the sea by accident. The commander did allow that the victim “could have been injured when he was falling overboard.”

A conflicting military account alleged that the victim was drunk.

WPAT Comment: The failure of Indonesian authorities to pursue justice in instances when Indonesian security forces kill or maim Papuans is common place as noted by Yaboisembut and Haluk. The May 18 incident offers an illustrative example of security force impunity in matters where death and injury to Papuans transpires.

Indonesian State Interference in Papuan Woman Leader’s Election to the MRP Underscores Discrimination Against Women

A May 23 Bintang Papua report, translated by TAPOL, notes that representatives of number of women’s organizations in Papua demonstrated peacefully to protest Indonesian government blocking of the swearing in of Hana Hikoyabi to her seat in the Papuan Peoples Council, the Majelis Rakyat Papua (MRP).

The women complained that no legal justification for Hikoyabi’s suspension had been given. They demanded transparency regarding the government’s action and insisted that the selection of the chairperson of the new MRP should not take place until there were clarity about the membership of all its 75 members. The demonstrator met with the acting-chair of the MRP, Joram Wambrauw, who said that he lacked the power to take a decision on this matter but promised to pass the women’s concerns to the governor of Papua.

Separately, in a May 10 interview with the Jakarta Post, Papua Human Rights Working Network coordinator Fien Yarangga observed that the barring of Hikoyabi from the MRP was an example of Jakarta’s intimidation targeting Papuans. The Indonesian government “frequently intimidates Papua in the name of the unity and integrity of the Republic of Indonesia, even though such a stance creates a culture of fear among Papuan officials with strategic positions in regional administrations,” she says.

Fien made the remarks at a press conference in connection with the government’s rejection of Hikoyabi as a member of the Papuan People’s Assembly (MRP) for the 2011-2016 term. Fien added that “a culture of intimidation has curtailed the development of democratization in Papua.” Fien cited the Home Minister’s refusal to accept Hikoyabi as a member of the MRP after she was declared not loyal to the state ideology Pancasila and the 1945 Constitution, even though Hana had met all the requirements for the position. “There was no legal basis for this. It is more political intimidation and character assassination against Hana and even against all the Papuan people who selected Hana,” she said. Fien added that “the way taken by the Home Minister was also aimed at curbing critical Papuan women in defending their own people.

Writing in the May 1 Bintang Papua, Hikoyabi called her rejection “unlawful.”

“This places me in the difficult position of having been responsible for an act of treason – makar – whereas at the time that I nominated myself for member of the MRP from 2011 – 2016, I received an official confirmation from the local police and from the local court of law that I am well-behaved and have never been found guilty of anything or convicted of anything.”

Indonesian Military To Provide Security For Papua’s Freeport Mine

In a May 13 report published by national daily Republika, TNI Commander Suhartono told reporters that security at the massive Freeport copper and gold mine in West Papua would become a collaborative effort involving the military and police. He told the media that “TNI continues to support Polri in providing security at the vital installation, PT Freeport Indonesia.” Suhartono comments came following a meeting between TNI and police personnel in Timika, the major town in West Papua nearest the mining complex.

A separate report by Antara says that President Susilo Bambang Yudhoyono has asked the Indonesian military and police to give security guarantee to businesses and investments in Papua as part of efforts to accelerate economic development. A presidential spokesman said that the President had listened to the views of PT Freeport Indonesia regarding security, suggesting that PT Freeport welcomed and may have sought the joint TNI-police security arrangement.

The expanded military role in securing Freeport comes in the wake of repeated violence. Freeport security personnel Daniel Mansawan and Hari Siregar were killed on the key mountain road to the mine site in early April. That attack followed by only a few days an unsuccessful attack on Freeport personnel and a January 2010 attack on a convoy that injured nine. Local authorities report no progress in apprehending the perpetrators.

The killing of Mansawan in particular has raised concerns among Papuans. Mansawan was one of the few Papuans to reach a senior position on Freeport’s staff. The failure of security forces and Freeport to pursue his killers aggressively has been the source of protest by local Papuans.

WPAT Comment: In the recent past, the Indonesian police had been assigned the role of protecting PT Freeport with the option of seeking TNI assistance as conditions warranted. This new arrangement, which comes on the heels of renewed violence targeting Freeport personnel in the past two months would appear to restore the TNI security role of previous years when the TNI had come under strong criticism over what many saw as extortion of PT Freeport with cash flowing from Freeport to senior TNI personnel.

HIV/AIDS Infections Rise Sharply in Papua with Area Near Freeport Leading The Trend

A May 6 report in Banjir Ambarita says that the number of people living with HIV/AIDS in Papua and West Papua has risen more than 30 percent to over 17,000 in just four months as compared to 13,000 in August of 2010.

Kostan Karma, head of the Papua AIDS Prevention Commission (KPA), told the media “that the spike in infections was very worrying, and blamed it on the prevalence of unprotected sex.” He said that if the number of people living with the virus rose to one percent of the population of both provinces — which the 2010 census put at 2.8 million — the KPA would begin imposing mandatory testing for all new mothers in the region. He explained that this would at least help identify infected newborns, who could then get early treatment.

Kostan said that Mimika, adjacent to the PT Freeport copper and gold mining complex had shown the highest increase and overall number of infections.

The Papua AIDS Prevention Commission blamed the proliferation of new districts over the past 10 years as a factor for the spread of the virus.

“What’s happened is that there’s been more money spreading around, which encourages people to break with the traditional way of life and adopt a more modern lifestyle, including sexual promiscuity,” Kostan said. “What we’re trying to do is get churches to spread the message to get people to stop having casual sex, or if they must, to at least use a condom.”

WPAT Comment: Single male workers recruited by Freeport from outside West Papua to work at the mining complex have long fueled prostitution, gambling and alcohol and drug abuse in Mimika. This illicit activity operates under the protection of security forces in the area.

More Observers Comment on The Failure of Special Autonomy

An article in the May 15 issue of Jubi underscores the continuing unhappiness of Papuans with the “special autonomy” law (OTSUS). Olga Helena Hamadi, Director of the Commission for Disappearances and the Victims of Violence (KontraS) told the media that since the enactment of special autonomy, West Papua has been beset with problems. She noted that many buildings have been constructed that are of no benefit to the indigenous population, for example, the construction of commercial premises. ‘These buildings are for other people,’ (i.e., migrants) she said.

“As for the demands for permanent premises for Papuan businessmen, they are still struggling for this to happen. Their future is still very much in the air. The kind of premises they have been calling for have not been built by the government. The premises that have been built do not last long even though they have been calling for this since 2004, she said.”

OTSUS makes provision for a Commission of Truth and Reconciliation to be set up but all that has happened since OTSUS, she says, has been the creation of a National Human Rights Commission which “means that human rights violations, acts of violence and shootings are only dealt with by the Komnas HAM. The result is that many cases have got stuck, some of which got no farther than a court hearing. There has been no follow-up.”

Also, there has been no proper accounting for OTSUS funds. “There is no accountability because no procedures have been put in place,” she added,

All of this point to the failure of OTSUS.

For its part, the May 14 Jakarta Post carried a report by Nethy Dharma Somba that focused on problems with the special autonomy law. The article notes that the chairman of the special autonomy evaluation committee at the Papuan legislative council, Weynand Watori, told a forum in Jayapura that an evaluation on special autonomy implementation was needed to avoid both the failure of special autonomy and to address the continued poverty suffered by most Papuans.

He noted that special autonomy was designed to help improve education, health, economy and infrastructure for indigenous Papuans. In August 2005, Papuans held a rally at which they asserted that special had failed to bring prosperity to the people. Rallies were also held in July 2010 where protesters called on the legislative council to revoke special autonomy.

The forum agreed that an evaluation of the implementation of special autonomy was needed by involving all stakeholders with the council’s special committee as facilitator. Cenderawasih University in Jayapura and the Papua University in Manokwari, should be entrusted to prepare the right evaluation method.

Back issues of West Papua Report

http://www.etan.org/issues/wpapua/2011/1106wpap.htm

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New NGO in Papua set up to scrutinise investments

JUBI, 4 March 2011

A new NGO, called Lembaga Investasi Proyek Kemanusiaan (LIPK) – the Institute for Humanitarian Investment Projects – has been set up to scrutinise all new companies intending to operate in Papua. The chairman of the NGO is Manase Ugedy Degey.

Degey said: ‘When a new company wants to come here, we will investigate the investments involved to ascertain whether they are beneficial to the people or not and whether they are beneficial to the traditional owners of the land where the company intends to operate.’

He said that the LIPK will not be political but will focus its attention
on new companies intending to invest in Papua. It will focus attention
on helping the development of the communities, he said The company’s obligation shall be regularly scrutinised on the basis of frequent investigations.

‘We will seek to make the communities a part of the policy of the
company in question. This is because many of the companies that are now operating in Papua have been very disruptive for the people.’

He said that the LIPK will work closely together with academics in order
to carry out joint investigations. ‘We intend to publicise the NGO’s
activities in tertiary institutions, in order to conduct investigations
with them.’

According to data gathered by JUBI, the LIPK will focus its attention
on companies wanting to invest in natural resources as well as companies
wanting to invest in human capacity building..This means that it will be
focusing on a wide range of investments, he said.

Companies involved in natural resources will include agriculture,
plantations, irrigation and water management, mining, marine projects,
fishing, industrial projects, and cattle breeding. ‘We will at all times
undertake our investigations on the basis of the likely benefits for the
citizens themselves.’

The LIPK was founded by notary public act in May 2005. It has been set
up in accordance with government regulation No 18/1986.

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West Papua Report March 2011

http://www.etan.org/issues/wpapua/2011/1103wpap.htm

West Papua Report

March 2011

This is the 83rd 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:

Newly obtained video footage reveals Indonesian security forces, including U.S. and Australian-backed Detachment 88 personnel, brutality in operations in West Papua’s Central Highlands. Indonesian NGOs and prominent Papuans have faulted President Yudhoyono’s newly announced approach to dialogue with Papuans with criticism of Jakarta’s failure to end human rights violations and impunity by security forces as a basis for dialogue. Papuans criticized Jakarta’s selection of a limited range of Papuans as dialogue partners and have urged a role for international mediators. A prominent West African leader has announced support for West Papua’s self-determination. The chair of the Papuan Peoples Council (DAP) denounced the Indonesian government’s policy of transmigration. The Asian Legal Resource Center has appealed to the UN Human Rights Council to address continued security force abuse of human rights in West Papua. A Papuan political prisoner who is gong blind as a result of an attack by a prison warder needs urgent care. A report from within West Papua details land grabs by the Indonesian military and “developers” which have targeted Papuans in the Sorong area.  Hamish McDonald considers Papuans’ struggle for self-determination in the light of recent similar successful examples within the international community.

Contents:

New Video Footage Reveals Indonesian Military Brutality

Video footage released in early February reveals previously unseen Indonesian military brutality against Papuan civilians in Kapeso in 2009. The footage was released by West Papua Media and can be viewed here: http://www.youtube.com/watch?v=VD0eFA4scTo

The video shows the late May 2009 raid on the Kapeso airstrip in the village of Kampung Bagusa in Mamberamo regency by troops from Indonesia’s elite police counter-terrorism unit Detachment 88  as well as other security personnel from BRIMOB and other units. Detachment 88 was created at behest of the U.S. government and receives significant U.S. and Australian Government funding and training assistance.

The footage, filmed by a Detachment 88 officer on his mobile phone, shows the immediate aftermath of a raid to retake the airfield which had been occupied for several weeks by a small armed group and a large number of villagers. The bodies of at least five dead are visible on the ground and sporadic gunfire is clearly heard. It appears that the footage was taken well after the killing took place. Footage depicting security personnel taking cover behind desks appears to have been staged to suggest the conflict was continuing.

Disturbing scenes at the end of the footage appear to show two Papuan children tied up and being forced at gunpoint to crawl along the floor by the Indonesian military. The footage continues to show them in apparent pain while the soldiers taunt them. In another scene troops are shown firing at civilians cowering in adjacent brush.

Indonesian authorities have not investigated events surrounding the Kapeso occupation and shooting of civilians by security forces.

West Papua media commented that such footage of brutal Indonesian security force actions, amounting to  ‘trophy footage,’ is rampant among troops operating in the region.

For all media enquiries please contact Nick Chesterfield at West Papua Media on wpmedia_admin@riseup.net or +61409268978

In September 2010, East Timor and Indonesia Action Network (ETAN) and West Papua Advocacy Team (WPAT) called for suspension of U.S. aid to Detachment 88 “pending review of charges leveled against the unit for systemic human rights violations, including use of torture.”

Government’s “Dialogue” Approach with Papuans Faulted

The “Alliance for Papua” on February 25 issued a press statement that critiqued a government plan for dialogue with Papuans. The statement called on the government to better synchronize its plans for the dialogue with the reality of politics in Papua.  (See below for composition of this NGO alliance.)

The initial government approach calls for two presidential assistants to engage in dialogue with Papuans who would be represented by the Papuan branch of  the National Human Rights Commission (Komnas HAM), the Papuan People’s Council (MRP), and the churches. The two presidential assistants are Bambang Darmono and Farid Husein.

The Alliance for Papua urged that the government to create appropriate conditions for dialogue by undertaking to “consistently protect and comply with the basic rights of the Papua people by ensuring that there is no repetition of violations of Papuan human rights.” The alliance also urged that the government review the presence of the TNI security forces and the undercover security operations “that continue to occur.”

According to the alliance, the government also should not proceed with the election of members of the MRP (Majelis Rakyat Papua, Papuan People’s Council). The MRP is an institution that was mandated by Papua’s special autonomy law (OTSUS). The vast majority of the Papuan people have declared that OTSUS has failed “because it has not taken sides with, given protection to, empowered and fulfilled the basic rights of the indigenous Papuan people.”

The alliance points out that the government has nevertheless pressed ahead with the election of a second-term MRP in 15 districts of Papua. The second-term MRP is due to be sworn into office soon. The alliance objects to proceeding with the seating of the MRP because the election of MRP members “has not been transparent and has failed to comply with the [mandated] electoral stages.”  The alliance also contends that the counting of the votes has been deeply fraudulent.

The alliance argues that seating the fraudulently elected MRP members “will only reinforce the Papuan people’s sense of  disappointment towards a government that lacks any understanding and has shown no respect for local Papuan feelings.”

For his part, the outgoing chairperson of the MRP, Forkorus Yoboisembut criticized the government approach to dialogue by arguing that those Papuan groups that the government has announced as dialogue partners are not representative of the people because they don’t fully understand the Papuan problem. He contended that the government approach to dialogue would amount to the government talking to itself ” because they are  all within the same system, and this would solve nothing.” He urged instead that the dialogue be with DAP (Dewan Adat Papua, Papuan Traditional Council)  , the Papuan resistance (OPM), the Papuan parliament, and other Papuan groups.

Separately, the executive director of LP3BH,Yan Christian Warinussy said a neutral party should mediate the Jakarta-Papua talks,  He suggested an international group such as the Henri Dunant Centre or a foreign country with experience in handling conflict resolution, including Aceh.

WPAT Note:  The Alliance for Papua in Jakarta was set up as an expression of solidarity with humanitarianism, in support of fellow human beings in their struggle for justice and truth. The Alliance includes KontraS, ANBTI, IKOHI, Imparsial, Foker LSM Papua, Setara Institute, HRWG, Komnas Perempuan, FNMPP, IPPMAUS, Forum Papua Kalimantan, PGI, Walhi, JIRA, LBH Pers.

West African Leader Supports Papuan Self Determination

WestPan, Canada’s West Papua Action Network, reports that the President of Senegal Abdoulaye Wade has become the first African leader to publicly back West Papua’s bid for self determination, stating that “West Papua is now an issue for all black Africans.”

His comments came in late January during a conference in Senegal’s capital Dakar, attended by Benny Wenda, a West Papuan activist who was granted political asylum by the British Government in 2003. Benny Wenda addressed the audience, telling them about the situation in his homeland. Following his address Wenda presented the President with a Papuan headdress, and was warmly embraced by him. The President then addressed the audience, urging all African nations to take attention to the West Papua issue and do whatever they can to help.

In 1969, when Indonesia, with the backing of the United States, sought UN approval for its annexation of West Papua through the fraudulent “Act of Free Choice,” it encountered significant resistance in West Africa where the memories of colonialism were still strong.

Papuan People’s Council Condemns Transmigration as Harmful to Local People

Responding to a report that the government plans to send more transmigrants to Papua, the chair of Dewan Adat Papua (Papuan People’s Council) Forkorus Yoboisembut https://lists.riseup.net/www/arc/reg.westpapua/2011-02/msg00051.html asserted that continuation of transmigration would transform the Papuan people into a minority in their own lands and trigger conflicts.  “‘As the representative of the adat (traditional) people in Papua, I reject the transmigration program which fails to safeguard the position of the local people,” he said.

Forkorus’s statement came after media reports that the central government has allocated Rp 600 billion to pay for the transmigration of people from Indonesia to a number of so-called “under-populated”  places in the Indonesian archipelago, including Papua. https://lists.riseup.net/www/arc/reg.westpapua/2011-02/msg00068.html

“I hope the central government will consider this matter carefully because the transmigration program to Papua has already resulted in the marginalization of the indigenous people in the context of (so-called) development work,” Forkorus stated.

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 migrant lifestyles, he explained, intensifies the marginalization of the local people.

In addition, because the government has lavished attention on the transmigrants, feelings of envy emerge.

Forkorus also noted that Papuans’  marginalization in their own homeland is evidenced by the cat that vast majority of those now running the economy are non-Papuans.  Forkorus added that Papuans are not yet able to compete with the newcomers in economic affairs.

(WPAT Comment:  Papuans rank at the bottom in Indonesia in terms of central government provision of health care, education services and employment creation. In the province of West Kalimantan, decades of central government driven “transmigration” has transformed the indigenous Dayak into a minority in their homeland and led to conflicts, particularly with Madurese transmigrants, along the lines of Forkorus’s concerns. The policy, abandoned during the Suharto dictatorship due to international condemnation, has been resumed under the Yudhoyono administration despite criticism that it is tantamount to ethnic cleansing.)

Human Rights Council Hears Urgent Appeal Regarding Human Rights Abuse in West Papua

On February 22, the Human Rights Council heard an urgent plea from the Asian Legal Resource Center (ALRC) regarding worsening human rights abuse in West Papua and the impunity accorded perpetrators of that abuse. The statement said in part:

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 stigmatize them, subjecting them to abuse.

The ALRC statement recounts two of the more flagrant examples of abuse and impunity where military personnel were videoed beating and torturing Papuan civilians (see West Papua Report December 2010). Those prosecuted for this received minimal sentences. The ALRC statement comments:

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.

The statement underscores the inadequacy of the Indonesian military and civilian court systems for addressing the continuing abuses:

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…

The ALRC urgently calls for remedial action by the Indonesian government:

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 also recommended that the Indonesian government undertake steps to reduce tensions and address outstanding injustice:

…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.

The ALRC underscored the role and responsibility of the international community in addressing the ongoing abuses and impunity:

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.

Note: The Asian Legal Resource Centre is an independent regional non-governmental organization holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organization 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.

Journalist Organization Chief Calls for Reporting on Human Rights in West Papua

The chair of the the Papua chapter Alliance of Independent Journalists (AJI) speaking in Jayapura, urged the press in Papua to regularly monitor cases of human rights violations in Papua, according to a report published in February 11 JUBI and translated by TAPOL.

AJI’s Victor Mambor emphasized the importance of the media reporting the human rights situation in Papua saying this can help reduce acts of repression against the civilian population.

He added that many reports about human rights in Papua were only available from NGOs active in the field, and these were frequently quoted in reports that appear in the media. He stressed the importance in ensuring  that these reports are accurate and credible. Journalists should provide the appropriate  references to make it easier for others to investigate the violations that occur.

WPAT Comment:  Reporting on human rights violations in West Papua, particularly in instances where the TNI or police were involved, pose risks for journalists. Manokwari area reporter Ardiansyah Matra was murdered in July 2010 following his investigative reporting regarding police and military coercion targeting civilians in the development of the MIFEE plantation project in Manokwari. AJI has been active in following up on this case. Government restrictions placed on foreign journalists and NGO personnel impede their access to West Papua and reporting on human rights in the region.

Papuan Political Prisoner Denied Adequate Medical Treatment

New concerns have been raised about the inadequate medical treatment afforded Papuan prisoners of conscience Ferdinand Pakage. He is going blind following a beating by prison authorities in 2010.

Peneas Lokbere, chair of SKPHP HAM Papua (Solidarity for the Victims of Human Rights Violations in Papua), told JUBI that his organization is continuing to press for medical treatment for Ferdinand Pakage.  “We will continue to fight for treatment after he was struck in the eye by an official of the Abepura Prison. This caused his eye to bleed and he is now not able to see any more with this eye” said Lokbere.

SKPHP is working with Pakage’s family to press the prison authorities to speed up medical attention to his condition. Lokbere explained that his organization has been demanding treatment for Pakage since last year, when they sought permission for him to go to Jakarta where treatment is available. However, according to Lokbere, Prison Director Liberti Sitinjak refused permission for any transfer of Pakage out of West Papua. Lokbere noted that in 2010, Pakage was told by a doctor at the West Papua General Hospital in Dok II say that he needed to have an operation in Jakarta. The doctor said that his eye was badly damaged and that even if he does get medication in Jakarta, he will continue to be blind.

Pakage was assaulted by prison warders Alberth Toam, Victor Apono and Gustaf Rumaikewi while in detention in Abepura. Toam struck the blow that injured Pakage’s eye. None of the warders has been held responsible for this assault. Pakage is now held in custody with common criminals, including those convicted of violent crimes.

Military and Military-Backed “Developers” Seize Papuan Lands

A Sorong-area leader has illegally transferred Papuan tribal lands to the Indonesian military (TNI) and to non-Papuans. The transferred land is vitally important, affording resources that are key to Papuan survival. Victims include Papuans belonging to various clans and tribes including the Osok, Mambringofok Idik and Fadan peoples in Klamono and Semugu and Kalaibin among others. The TNI has employed terror and intimidation targeting local Papuans to enforce the land transfers. The land sites are located along the Sorong to Klamono road at kilometer markers 16, 38 and 49 in the western end of the territory.

The military and non-Papuan developers will exploit the land for military base construction and oil palm plantation development.  Specifically, local District Chief (Regent) Stefanus Malak provided land to the navy at km 16  and to the army at Km 38 to build a bases (the latter land belongs to the Semugu clan).  Land was also transferred to the TNI, without tribal consent, at Km 49. This site will be used by the TNI to develop a palm oil plantation.

Seizure of land by the TNI, especially through use of force, violates various international obligations undertaken by Indonesia including the UN Declaration on the Rights of Indigenous People Article 30:

“1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a  relevant public interest or otherwise freely agreed to or requested by the indigenous peoples concerned.

“2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.”

Analysis Considers Papuan Self-Determination Struggle in Context of Similar Recent Successful Efforts

The Sydney Morning Herald on February 26 published an analysis comparing Papua’s struggle for self-determination with some recent anti-colonial struggles. “A Worm Inside the New Indonesia” by veteran journalist Hamish McDonald draws on the experiences of south Sudan and Kosovo, two emerging nation states as potential models for West Papua. McDonald, former Foreign Editor of the Herald with extensive experience in Indonesia, concludes that these developments have had the effect of rendering “respect for the territorial integrity of states and post-colonial boundaries somewhat tattered.”

Indonesia has long insisted that the international community affirmatively express public recognition of its “territorial integrity” in the context of West Papua. Similarly, Indonesia  once demanded international recognition of its territorial integrity to include its annexation of East Timor, though with less success.

McDonald cites Akihisa Matsuno of Osaka University as suggesting that between Kosovo and southern Sudan, the later would appear to offer a more applicable precedent for West Papua. Sudan became independent in 1956 from British rule, but has been in civil war most of the time since. A 2005 peace agreement finally conceded a referendum on independence by the south. This suggests to Matsuno that a lack of integration between territories ruled by the same colonial power can justify a separate state. McDonald writes that ”this means that colonial boundaries are not as absolute as usually assumed.”

There is a broad international consensus that the 1969 Indonesian annexation of West Papua was in violation of its UN mandate to administer the territory and entailed a transparently fraudulent referendum, the “Act of Free Choice.”  McDonald writes that  Richard Chauvel, an Indonesia scholar at Melbourne’s Victoria University, described West Papua as Indonesia’s ”Achilles’ heel” and the conference. Chauvel argued that, notwithstanding Indonesia’s democratic progress since the fall of the Suharto dictatorship, West Papua remains “Indonesia’s last and most intractable regional conflict.” As such, Chauvel contends,  ”Papua has become a battleground between a ‘new’ and an ‘old’ Indonesia. The ‘old’ Indonesia considers that its soldiers torturing fellow Indonesians in a most barbaric manner is an ‘incident’. The ‘new’ Indonesia aspires to the ideals of its founders in working towards becoming a progressive, outward-looking, cosmopolitan, multi-ethnic and multi-faith society.”

McDonald concludes that, as demonstrated by the ongoing developments in the Middle East, “the new media make it harder and harder to draw a veil over suppression. In the Indonesia that is opening up, the exception of West Papua will become more glaring.”

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