Tag Archives: freedom of expression

Arrests in Fak-Fak as demos support IPWP, reject UP4B

from West Papua Media and local sources

Confirmed reports have emerged from Fak-Fak, on the west coast of West Papua, that at least ten demonstrators were arrested by Indonesian police on March 1.

The demonstrations were being held to reject a new body – U4PB (or Program to Accelerate Development of Papua and West Papua) – appointed by Indonesia to re-implement the failed Special Autonomy package that was to give Papuans a greater share of their own wealth.  Regular protests from Papuan civil society have rejected this new body due to its refusal to consider Papuan demands, and  recognise the failure of the existing package.

Those arrested were identified as the following:

  1. Siswanto Tigtigweria
  2. Lukas Hegemur
  3. Quartus Ndoratndorat
  4. Modestus Komber
  5. Yeheskal Hegemur
  6. Nikson Hindom
  7. Pazco Hindom
  8. Samuel Rohrohmana
  9. Amos Wagab
  10. Renol Hegemur

The protest was also held to support the February 28 launch in Canberra, Australia, of a new regional chapter of the International Parliamentarians for West Papua.  This meeting attracted Members of Parliament from Vanuatu, New Zealand, and several parties in Australia, including MPs from the Australian Government.  Demonstrations in support of IPWP were held across ten centres in West Papua.

Neither Police or local human rights sources have been able to identity the exact nature of charges against the ten detainees.  However Indonesian police historically have laid Makar (Treason) charges against Papuans attending demonstrations in support of the right of self-determination.

West Papua Media was unsuccessful in seeking comment from Police.

This is a developing story.

westpapuamedia.info

Statement from 5 Makar accused at KP3 treason trial

STATEMENT BY FIVE PAPUANS WHO WENT ON TRIAL IN JAYAPURA ON 30 JANUARY 2011[This hand-written statement is signed by the five Papuans who went on trial in Jayapura on 30 January 2012, and is translated in full by
Carmel Budiardjo, TAPOL]

Fully understanding and conscious of our basic human rights as Papuans of the negroid race, part of the Melanesian race who live in the land of the country of West Papua, inheritors from our ancestors, we herewith firmly declare  that WE FIRMLY REJECT THE TREASON TRIAL AND OTHER SUCH TRIALS that has been mounted against the five of us, and we speak on behalf our colleagues and the entire nation of the Papuan people of the Nation of West Papua.

We call for an understanding of this declaration, a declaration of independence, in accordance with the principles of PUBLIC INTERNATIONAL LAW, a law which should be lawfully accepted. And in this case, this declaration will bring us substantial  happiness if it gains the recognition of the international community.

In order to gain substantial and dignified recognition from the international community, we have requested our international team of lawyers to  notify and register  our legal status along with the question of the annexation of the TERRITORY OF THE STATE OF WEST PAPUA at the International Court, with the Secretary-General  of the United Nations, Amnesty International and all member states of the United Nations, as well as other competent authorities.

We herewith categorically state that we are not prepared to make any statements or answer any questions that are based on the laws and accusations of treason by  the Unitary State of the Republic of Indonesia, during the current trial for treason. It is very clear indeed that this is a matter between two nations and two states, that is to say, between the Papuan nation and the Indonesian nation, between the Federal State of West Papua  and the Unitary State of the Republic of Indonesia.

The following are the reasons for our rejection of the trial for treason or any such trial:

[NB: The copy of the statement which we have received jumps at this point from page 2 to page 4 which suggests that the copy we have is incomplete.]

1.    Our struggle and the struggle of those who have gone before us and the nation of West Papua  and all members of the Papuan people up to the present day is a struggle for the restoration of independence and sovereignty of the Papuan Nation as one of our most basic political rights.

2.    Bearing in mind that the Unitary State of the Republic of Indonesia annexed and continues to annex, the people and nation of the Papuan people since the TRIKORA command which was proclaimed by the former president of Indonesia, President Sukarno on 19 December 1961 in the city of Jogyakarta and which was followed up by  the Indonesian military, from 1962 to the present day, by a variety of measures aimed at preserving the annexation.

3.    Our struggle is not aimed as damaging or destroying any country in the world.

4.    We do not intend to damage or destroy the Unitary State of the Republic of Indonesia.

5.    We feel that our dignity has been defiled, that our basic political  rights have been violated in our country, West Papua, which we inherited from our ancestors.

6.    No one, for whatever reason, has the right to make accusations against us or to convict us in a treason trial or any such trial. This is because we have become the subjects of our own laws  as citizens of the nation and state of the Federal Republic of West Papua.

7.    Based on the values of basic human rights, of democracy and the following universal laws:

a. The  first article in the Preamble to the1945 Constitution  of the Republic of Indonesia.
b. Article15 of the Universal Declaration of Human Rights of the United Nations adopted on 10 December, 1948.
c. Article 1, para 1 of the Covenant on Civil and Political Rights adopted as UN Resolution 2200 (xxi) which has been in force since 23 March 1976,.
d. The Declaration on Granting of Independence to Colonial Countries and Peoples in UN Resolution 1514 (xv) on 14 December 1960.
e. The basic principles of decolonisation , namely possidetis juris and the legal succession of the state to the colonial territories  of the  Dutch East Indies (Dutch Papua) since 19 October 1961.
f. ILO Convention No. 169, 1989 on the Rights of Indigenous and Tribal People.
g. The UN Declaration on the basic rights of indigenous peoples of 13 September 2007.
h. The Papuan Independence Manifesto of 19 October 1961 adopted by the Papuan National Committee.
i.  Stipulations adopted by the Grand Congress (MUBES) of the Papuan people in 2000.
j. The Eleven Recommendations of the Second  Papuan Peoples’ Congress and Indigenous Papuan People  in 2010.
k. The decisions of the Second Papuan Peoples Congress in 2000.
l.  The decisions of the Third Papuan Peoples Congress of 2011.

8.    The Statement by the Indigenous Papuan People and the Papuan people is a truth based on analytical and practical categories. The analytical category means that the indigenous P apuan people are the Papuan nation, a negroid race of the Melanesian race, located in the South Pacific. Whereas the practical category is a political statement which was enunciated in the Manifesto of Papuan Independence of the Papuan National Committee on 19 October 1961 in Hollandia, the State of West Papua.

9.     We democratically restored the independence and sovereignty of the Papuan people on 19 October 2011, at the Third Papuan Peoples  Congress with the establishment of the Federal Republic of West Papua  which was announced by the DECLARATION OF THE PAPUAN NATION IN THE STATE OF WEST PAPUA.

10.    The government of the Republic of Indonesia and the governments of all other members of the United Nations, should without discrimination recognise and respect the democratic processes of the Papuan people at the Third Papuan Peoples Congress on 19 October 2011 in the form of the Declaration of the West Papuan Nation and State.

11.     The application of the treason law against the Papuan people must be categorised as a violation of the basic and legal political rights of the Papuan nation.

We hereby call on to the Honourable Judges in this forum to annul the trial held in order to accuse us of TREASON and make similar charges against us. The solution to the independence of the Papuan nation which is our most basic political right must be sought by means of international mechanisms between the Federal Republic of West Papua and the Unitary State of the Republic of Indonesia, mediated by the United Nations.

In order to regulate the transfer  of sovereign powers from the Unitary State of the Republic of Indonesia to the Federal Republic of West Papua, we intend to initiate a new phase of cooperation  based on the principles of democracy,  justice, peace, mutual respect and dignity. As is customary between independent and sovereign nations and states on Planet Earth.

Herewith our statement of REJECTION OF THE TRIAL BEING HELD TO ACCUSE  US OF TREASON AND SIMILAR CHARGES.

Jayapura, 30 January 2012

Signed:

1. Forkorus Yaboisembut, President of the Federal State of West Papua.
2. Edison G. Waromi, SH, Prime Minister of the Federal State of West Papua.
3. Agust M. Sananai Kraar, SIP,human rights activist/staff
4. Selpius Bobii, activist/staff
5. Dominikus Subarat, activist/staff

Makar accused reject charges, and Indonesian jurisdiction over Papua in adjourned trial (Photo Report)

January 31, 2012

By Nick Chesterfield from West Papua Media with local sources

(Jayapura) The treason trial against the leaders of the Third Papuan People’s Congress in Jayapura was adjourned on Monday until February 8, after a short hearing that Indonesian authorities moved at the last moment preventing many supporters from attending.

The five defendants, President of the Federated Republic of West Papua (FRWP)  Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut and Agus Sananay were charged with makar or treason under Article 106 of KUHP (the Indonesian Criminal Code) for their declaration of an independent West Papua at the close of the Third Papuan People’s Congress on October 19 last year.

Papuan leaders accused of treason on trial in Jayapura, January 30, 2012

The historic Congress was violently broken up by Indonesian security forces using live fire and excessive violence, with at least seven people killed, hundreds beaten and tortured, despite official permission for the event to be held.  Indonesian security officers involved were given minor disciplinary sanction, with most perpetrators of violence enjoying complete impunity despite footage of the Indonesian security force violence being broadcast internationally.

Initial reports from witnesses inside the trial early in the day claimed that the team of judges argued with the defence legal team about the need to know the political position of the defendant’s, despite the fact that in a treason trial this would be self-evident.  Yaboisembut and Waromi then fundamentally rejected the charges against them, arguing that their actions were not treason“.

Forkorus Yobeisembut (Jakarta Globe)

According to Forkorus as reported by the Jakarta Post, “What we have been doing is seeking our own independence. Thus, we have cheated no one,”.  Forkorus argued that Indonesian occupation of his homeland was the real issue, and that ”this problem is not the problem of separatism and rebellion or treason”.  Both Forkorus and Waromi said that the issue of Papua should be tried in international courts as the Indonesian state did not have jurisdiction over Papua.

Forkorus Yaboisembut (Jakarta Globe)

in a short statement sent to West Papua Media, the defendant’s legal team said that the judge asked Forkorus and the accused understood the indictment.  “He answered that, yes, he understood what the prosecutors read but did not understand the charges of treason against them.”

“Forkorus then asked for time to read a statement to the assembly to process the rejection of the  law, (the request of) which was then approved by a judge.   Our attorneys will do the rebuttal (exception) to the indictment dated 8th February 2012,” according to the legal team led by Hamadi.

(Photo: Efraim Joteni)

Bintang Papua reported that another one of the lawyers for the accused, Gustaf Kawer,said that up to 32 lawyers from across Papua and Indonesia had offered pro-bono defence of the treason accused.  He said: ‘I am convinced that  the large number of lawyers who are attracted by the case is a good sign  of interest in the need to find a solution to the problem of Papua.’

Forkorus Yaboisembut and Edison Waromi media interview after trial.(Photo: Efraim Joteni)

The Panel of Judges hearing the trial are Chairman of the Jayapura District Court of Class IA, Jayapura, Papua, Jack John Octovianus, SH. MH,;  assisted by I Ketut Nyoman S, SH. MH. Syor Mambrasar, SH. MH. Orpah Marthina, SH. and Willem Marco Erari, SH.

Outside the court hearing, almost 400 hundred heavily armed riot police and a similar number of Army and Kopassus personnel were guarding the courthouse venue from dawn (0600) with close to a dozen armoured assault vehicles, mounted with heavy machine guns, according to participants.

Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)

Participants in the protest claimed to West Papua Media via SMS that security forces were acting in a heavy-handed manner, describing their actions as “wild and aggressive”.    “This display of armour  makes thousands of ordinary people in Jayapura traumatized and afraid to come to action,” said Jack Wainggai, the spokesman for the Prime Minister of the FRWP, Edison Waromi, on trial for treason today.  Organisers had aimed for several thousand people to attend, but amid heavy  Indonesian security that discouraged solidarity protests by West Papuan supporters of the defendants, only 500-600 braved the heavy armour and “state intimidation” outside the court.

Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Brimob outside makar trial (Photo: West Papua Media)
Brimob outside makar trial (Photo: West Papua Media)
one of almost a dozen armoured vehicles securing outside court venue Jan 30 2012 Jayapura (Photo: West Papua Media)

Despite promises by Indonesian authorities that the trials would be open, the presiding judges secretly started proceedings at 8.30 am before supporter could arrive.   In a press statement before the trial, Bintang Papua reported that Olga Hamadi of Kontras Papua said, “The five men will face charges under Article 106 of the Criminal Code for subversion. Based on past experience, there are concerns regarding security during the trial which will be open to the public, meaning that anyone wishing to attend the trial will be able to do so.”  Hamadi urged all present to restrain themselves and ensure that conditions surrounding the trial are conducive.

Speculation has mounted amongst local observers that the trial may be moved from Jayapura to metropolitan Indonesia to reduce any potential political flashpoint it will cause amongst pro-independence forces in Papua, with the prosecutor’s office formally warning of such a move should unrest occur.   Conversely though, any shift would create more opportunities for international observers to be present at the trial, a basic condition called for by the defence and international human rights monitors.

After the adjournment, the few hundred that did attend were able to disperse peacefully without an Indonesian security force crackdown, but tension still remains high in Jayapura as armed troops are still deployed on the streets the following day.

Elsewhere in Papua, solidarity actions were held with the treason trials against the Congress leaders.   In Manokwari, orations were held calling for international peacekeepers to be deployed to protect West Papuan people from Indonesian state violence.  Calls were also made in Manokwari  for neutral international mediators for dialogue between Jakarta and the Federated Republic of West Papua.

Westpapuamedia.info

AHRC: PAPUA: Medical workers criminally charged for protests over their income

August 30, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-150-2011

30 August 2011
———————————————————————
INDONESIA: Medical workers criminally charged for protests over their income

ISSUES: Freedom of Expression, Fabrication of Charges, Labour Rights
——————————————————————–
Dear friends,

AHRC-UAC-150-2011-01.jpgThe Jayapura regional police in West Papua have charged eight medical workers with incitement and objectionable acts following their peaceful protest against regulation 141/2010 by the provincial governor. The regulation deprives the Jayapura hospital’s medical workers of certain payments. An earlier request to meet and discuss the situation was ignored by the governor. Moreover, the medical workers were reported to the Jayapura regional police for violating criminal law with their protest. The AHRC sees the fabrication of these charges as a violation of the workers freedom of expression. Peaceful protesters have frequently been criminally charged for incitement or disobedience in West Papua and other parts of Indonesia. (photo: workers in front of the house of representatives in Papua, source: ALDP)

CASE NARRATIVE:

The AHRC has received information from KontraS, the Commission for the Disappeared and Victims of Violence, regarding the fabrication of charges against workers who had conducted a peaceful protest. The medical workers serving in the Jayapura District Hospital have been receiving an incentive bonus since 2005. In 2010, the governor of Papua decided to alter this incentive.

When news reached them of the possible change the workers feared that they would lose this payment and made requests for a meeting with the governor which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue take place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital.

AHRC-UAC-150-2011-02.jpgThis meeting resulted in an agreement regarding the amount of the incentive payment. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, in an abrupt about face, on 30 December 2010, the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. (photo: workers at the regional police correctional facility, source: ALDP)

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

AHRC-UAC-150-03-2011.jpgOn 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients. (photo: workers receive letter regarding leave on bail from a lawyer, source: ALDP)

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

The AHRC is concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest. Criminal charges against peaceful protesters have increased in Papua and West Papua in recent years and several political protesters were convicted with prison sentences.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to drop the charges against the eight medical workers of the Jayapura hospital.

Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for strong interventions.

SAMPLE LETTER:

Dear _____,

INDONESIA: Medical workers criminally charged for protests over their wages

Name of the victim: Leni Ebe, Popi Mauri, Stevi Siahaya, Luthrinu, Siska Mandosir, Yolanda Inauri, Dolita Ataruri, Imbenay
Alleged perpetrator: Papua regional police
Time of incident: 12-15 March 2011
Place of incident: Papua regional police headquarter

I am writing to express my serious concern over the charges of incitement and objectionable acts against Leni Ebe, Popi Mauri and several others.

According to reports from KontraS, the Commission for the Disappeared and Victims of Violence, the medical workers serving in the Jayapura District Hospital have been criminally charged for their participation in a peaceful protest against a new regulation of the governor of Papua depriving them of some payments.

Fearing that they would lose this payment when news reached them of the possible change the workers made requests for a meeting with the governor, which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue took place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital. This meeting resulted in an agreement regarding the amount of the incentive. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, on 30 December 2010, in an abrupt about face the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. The reasoning given for this new resolution was that the payment of the incentive would create duplication of budget.

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

On 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients.

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

I am concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest and urge you to ensure that the charges against the eight members of the medical staff be dropped. I hope that the provincial administration could show more openness to dialogue and would commit to ensure that no person will be criminally charged for participating in a peaceful protest as such charges present a violation of every person’s right to freedom of expression as enshrined in Indonesian and international law.

I am kindly urging for your intervention into this case.

Yours sincerely,

———————

PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of INDONESIA
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA

Tel: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. Minister of Home Affair of Republic of Indonesia
Jl. Merdeka Utara No. 7 Jakarta 10110
INDONESIA

Tel: +62 21 3450058, 3842222
Fax : +62 21 3831193

3. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20
Komplek PTIK
South Jakarta
INDONESIA

Tel: +62 21 739 2352
Fax: +62 21 739 2317

4. Head of Indonesian Police
Markas Besar Kepolisian INDONESIA
Jl. Trunojoyo No. 3
Kebayoran Baru
Jakarta 12110
INDONESIA

Tel:+62 21 3848537, 7260306, 7218010
Fax :+62 21 7220669
Email : info@polri.go.id

5. The Head of House of Representative of Papua
(Ketua Dewan Perwakilan Rakyat Papua)
Jl. Dr. Sam Ratulangi No.2
Jayapura, Papua
INDONESIA

Tel: +62 967 533580
Fax:: +62 967 533691

6. Barnabas Suebu
The Governor of Papua
Jl. Soa Siu Dok
Jayapura, Papua
INDONESIA

Tel: +62 967 537523
Fax: +62 967 531847, 531853

7. Head of Police Area Headquarters Jayapura, Papua province
Polda Papua
Jl. Samratulangi No. 8 Jayapura
INDONESIA

Tel: + 62 967 531014
Fax: +62 967 533763

8. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA

Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail : info@komnas.go.id

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-150-2011
Countries :
Issues :

9 people arrested for displaying West Papua flag face lengthy prison sentences

Article from AFP

Nine people have been arrested after displaying the West Papua flag in Indonesia’s remote Papua province.

Eight men and a woman unfurled the banned “Morning Star” flag on Saturday in a village in Jayawijaya district, local police chief I Gede Sumerta Jaya said.

“We arrested nine people and they’re being investigated. They had raised the Morning Star flag. We found the flag and a wooden pole,” he told AFP.

“They’re likely to be named suspects on charges of plotting against the state,” he added.

Anyone convicted of displaying separatist symbols faces possible life sentence in Indonesia, a sprawling archipelago with a history of secessionist rebellions.

Indonesia won sovereignty over Papua, a former Dutch colony on the western half of New Guinea island, in 1969 after a vote among a select group of Papuans widely seen as a sham.

Many Papuans accuse Indonesia’s military of violating human rights in the province and complain that the bulk of earnings from its rich natural resources flow to Jakarta.