Tag Archives: failure of comprehension of failure of Special Autonomy

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)

Thousands of students rally to reject Otsus Plus and provincial division

By West Papua Media editors, with local stringers

November 5, 2013

Thousands of Papuan university and high school students led demonstrations in Jayapura on November 4, firmly rejecting attempts by Jakarta to impose the revived “new, improved” version of the failed Special Autonomy package, named “Otsus Plus”.

A coalition of student organizations, collectively known as ‘Students, Youth and People’s Movement’ (Gerakan Mahasiswa, Pemuda dan Rakyat Papua (GempaR Papua) –  the acronym GempaR literally translates as “Unarmed Insurrection” or “Uproar”), also called the actions to reject Jakarta’s latest plans to divide Papua into 33 districts and three further provinces.  The movement has been started by students from seven different high schools, technical colleges and universities in Jayapura, including Cenderawasih University, UMEL MANDIRI, STIKOM, STT GKI I.S.KIJNE and the opposition to the imposition of Special Autonomy Plus.  The rally was subject to several threats of violence from Indonesian security forces, who routinely deem all gatherings on peaceful Papuan aspirations as subversive and treasonous, according to rally sources.

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The planned administrative divisions of Papuan land and districts under Otsus Plus have been widely interpreted as a colonial act by most Papuan civil society groups, according to Papuan observers, and seen as a covert method of further increasing the massive militarisation of Papua.  Each new district automatically gains its own military and policy company (150 men for each), and each further province each gains their own battalions of Military (1500 men) and Police (1200 men), further adding to the estimated 45,000 troops in Papua, the most militarised area under Indonesian occupation.

“Special Autonomy ‘Plus’ will not change (the mind of) Papuans.  Special Autonomy Plus is not a solution for indigenous Papuans. We firmly reject the plan for Autonomy Plus in Papua and West Papua, we reject it, Autonomy Plus and the New Re-districting are the same (still) killing Papuan people, not the solution to prosperity ” said Hendrik Koroto, Demonstration Coordinator and student at the Faculty of Engineering.

As is standard with any demonstration in Papua, the Indonesian police attempted at least twice to violently prevent the students from peacefully continuing on the march, shadowing the gathering with several hundred heavily armed security personnel.  The notoriously hardline Jayapura Deputy Police Chief Kiki Kurnia, again confronted the marchers in an effort to disperse them, threatening the use of heavy force on the students with a display of hardware including heavily armed police, water cannon and Barrucuda armoured assault vehicles. Intense negotiations took place for almost 15-20 minutes between organisers and Senior Police However, Jayapura Police Chief Alfred Papare agreed to allow marchers to continue their march using one lane to allow traffic to pass.

Whilst one group was negotiating with police, a large number of students unexpectedly took to the road, and several waves of students began to march on the Governor’s office, holding hands and neighbours with a tight protective formation.    Police dragged barbed wire in front of the Governor’s office and blocked the main entrance with 5 police trucks, and several other vehicles, The student and civil society gathering then occupied the forecourt of the Governor’s office for over two hours, during which time Governor Enembe agreed to meet a delegation from the student representatives.  No arrests were reported but threats were allegedly made against keynote speakers and rally organisers, according to witnesses who spoke with West Papua Media stringers.

WestPapuaMedia

 

Numerous problems in Papua since OTSUS was enacted

JUBI. 15 May 2011Since the enactment of OTSUS, the special autonomy law for Papua, a pile of problems have hit Papua. There has been no decline in the number of problems; on the contrary, they have steadily increased.Many buildings have been constructed that are of no benefit to the indigenous population. Take for instance the construction of commercial premises and the fate of Papuan businesspeople. ‘These buildings are for other people,’ said Olga Helena Hamadi, Director of the Commission for Disappearances and the Victims of violence, KontraS, on Saturday.

As for the demands for permanent business 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 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.

Furthermore, there has been no proper accounting for OTSUS funds. No procedures are in place to control the use of these funds. There is no accountability because no procedures have been put in place.

She said that all these things point to the failure of OTSUS, which has failed because no procedures have been put in place.

She said that she was making these clarifications because  of a previous news report  that OTSUS had not failed.. ‘We dont agree that OTSUS has not been a failure, because since the enactment of OSUS, a number of problems have emerged.’

Translated by TAPOL

DPRP condemned for failing to keep its promises

JUBI, 12 May 2011

DPRP never keeps its promises

The chairman of Papuan Anti Militarism Solidarity, SRPAM, Elias Petege,
has called the DPRP, the provincial legislative assembly, a body that
always breaks its promises. So no one should be surprised that many of
the people’s aspirations have not been met. He said that to this day,
the DPRP has failed to keep its promise to meet the SRPAM in order to
discuss ways of solving the violation of human rights in Dogiyai.

‘Yesterday the DPRP accepted a request by our demonstration and promised
to meet us today but they didn’t keep their promise, without explaining
why.’

Petege said that during an action that took place yesterday, 11 May,
SRPAM called on the chief of police to dismiss the chief of police in
Papua, the chief of police in Nabire and the chief of police in
Moenamani because they had done nothing to halt the gambling that is
believed to have the support of the police in Moenamani.in the
sub-district of Dogiyai.

As a result, a fight broke out between the local police and the local
community during which several members of the community were killed.

The DPRP was also called upon to immediately mediate between the two
sides in order to solve the problem. Via the intermediary of the deputy
chairman of commission A, the DPRP promised to hold a meeting with
SRPAM to discuss measures that need to be taken, but unfortunately this
turns out to have been nothing more than lip service.

In the opinion of Petege, the DPRP is simply not bothered about the
matter and has failed to respond to the aspirations of Papuan people.
The DPRP just allows human rights violations to go on happening in Papua
without lifting a finger,’ he said.

‘We feel very disappointed indeed and have lost all confidence in the
DPRP. Just imagine, we arrived at their office at 9am and stayed there
until 3pm, but there was no one at all at the office and no one there to
explain why they were absent.’

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.