PAPUAN CHURCHES: DECLARATION REGARDING FAILURE OF THE INDONESIAN GOVERNMENT IN GOVERNING AND DEVELOPING THE INDIGENOUS PEOPLES OF PAPUA

REGARDING FAILURE OF THE INDONESIAN GOVERNMENT IN
GOVERNING AND DEVELOPING THE INDIGENOUS PEOPLES OF
PAPUA

THEOLOGICAL DECLARATION OF CHURCHES IN PAPUA
Today on January 26th, 2011 we, Leaders of churches in the Land of Papua, along with Christian congregations, gather to declare our stance and position with regard to the state of government and its development policies pursued in the Land of Papua since annexation of Papua by the Unitary Republic of Indonesia, specifically with the introduction of the Law No. 21/2001 regarding the Special Autonomy for Papua.

As Churches, we are deeply concerned over the condition of our peoples, especially the indigenous Papuans, owners of this land, whose fate has been cornered to uncertainty amid development policies staged by the Indonesian Government in the Land of Papua. Such development policy is more characterized by physical structures/infrastructural development and to promote the interests of Indonesia in the Land of Papua.

The implementation of Special Autonomy for Papua has been inconsistent and inconsequent is a strong indication of insincerity of the Indonesian Government which led Papuans to view that OTSUS has FAILED. MRP, as a manifestation of the Special Autonomy with its members hastily selected and further exacerbated with the government’s ignorance of Ii point recommendations produced by the grand meeting of MRP (Papuan Peoples’ Assembly) itself, is therefore considered as an insult to the people of Papua, as people created in the image of God. The Churches also question the letter issued recently by the Minister of Home Affairs No, 188.341/1 l0/SJ regarding clarification pertaining to Special Regulation for Papua Province dated 13 January 2011 which further annihilate the right and existence of indigenous Papuans in their own motherland.

We see such situation as Kairos, a momentum for Churches to speak and express our stance and deep concerns in the form of the following Theological Declaration.

First, we are convinced that these processes repeat the same old process of annexation of Papua into Indonesia which is legally and culturally a flaw. The process of the Act of Free Choice (Pepera) in 1969 has been the root of problem on democracy and legality for the people of Papua. Ever since its integration into Indonesia, Papua has become a troubled territory under the authority of the Indonesian government.

Second, Papuans have undergone a ‘Silence history of suffering’ or memmoria passsionis leading to Genocide. The discourse of genocide has long been voiced by so many observers who are deeply concerned over the very existence of Papuans. The term genocide perhaps does not meet the criteria set forth by the UN, or other nations, or by Indonesia. But from our own view as victims, genocide is indeed taking place through the conditioning staged by Jakarta in the forms of ideology and development policies that are against the indigenous Papuans. Transmigration policy and unrelenting military operations are, in our view well-planned programs to eventually annihilate indigenous Papuans. Papuans are positioned as “the other” and as such warrant surveillance, control, and civilization. Papuans are not equal citizens of Indonesia. Some observers in Jakarta view this as an internal colonialism or disguised slavery against Papuans.

Third, we, churches of Papua acknowledge our own failures and sins for being silent for too long over demonic and destructive nature of the development policy and modernization on indigenous Papuans, which according to observers in Jakarta as internal colonialism and disguised slavery. Papuan churches have misarticulated the Scripture which states: “the government is the Lord’s representative on earth, worthy of respect.” Up until now, this has caused us incapable of playing our prophetic role.

Fourth, to respond to the challenges faced by Papuans, we, the churches are determined to return to our roots, to our Christian traditions, namely to the Scripture and church history. Thus, we view the sufferings of our Papuan people from the biblical perspective (Matthew 16:3b) “signs of times” and see it as theological and missiological challenges. This implies that the Lord is sending us, Papuan churches to His people who are traversing a dark history of suffering and oppression. It is therefore, as churches in Papua we want to hear to regularly raise questions and communicate with the Lord “what do you have in mind with regard to the behavior of those who indulge in disguised slavery against our people? Do you agree and applaud them?”

Fifth, consequently we want to view this critical position of churches in Papua in expressing the grievances of Papuans in the land of Papua is an integral part of our calling to spread the good News commanded by the Holy Scripture. The Scripture and church history are our basis for action. In this mission, the church is sent to shepherd the Lord’s people, keep the image of the Lord to be free from abuse (John 10:11; 21:12, 16, 19). As shepherds, we are obliged to listen to the voices of our sheep (congregation); in this light we raise our voice because “our life boat is drowning; the candle of our people is being put off in the name of development and territorial sovereignty.”

Sixth, with regard to development policy and current government administration, we hereby declare: (a) that the Indonesian government has FAILED to promote the welfare of indigenous Papuans especially since the Special Autonomy was passed. Therefore we urge the government to immediately halt the whole process of election of members of the MRP (Papuan People’s Assembly) taking place currently and respond to the 11 point recommendation made by the MRP grand meeting; (b) and as a solution, we urge the Indonesian government to open itself and hold a dialogue with indigenous Papuans to be mediated by a neutral third party; (c) we are appalled by the attitude exhibited by indigenous Papuan state officers who are ignorant of the rights of their own people.

Seventh, we urge our Papuan communities to stand up, to work on your own salvation, and express the truth before the present tyrant state authorities, who is on a rampage of internal colonialism, ethnic cleansing (genocide), and disguised slavery against your own Nation.

Eight, to our Papuan communities, in Indonesia, and anywhere else, do pray for us in solidarity to make us stand firm in embracing today’s challenges in Papua that are full of pain and tears.

End of this declaration.

Leaders of Churches in Papua

Signed
Elly D. Doirebo M.Si
Deputy Chairperson of Synod of Evangelical Christian Church of Papua

Rev. Dr. Benny Giay
Chairperson of Synod of Papuan Christian Church

Rev. Socrates Sofyan Yoman MA
Chairperson of Fellowship Papuan Baptist Churches




			

Nurses in Papua take their complaints to governor.. and to the ALDP

Bintang Papua, 19 February 2011
Abridged in translation by TAPOL

Nurses working at the Dok II General Hospital have taken part in a
demonstration at the governor’s office, complaining that their rights
have been ignored.

‘We are working to the utmost and often doing things that doctors should
be doing in addition to our own duties. In addition to applying
catheters and giving infusions, we do laboratory work and look after
and wash the patients, as well as handling things that doctors should be
doing.’

Leni Ebe is one of more than one hundred nurses working at Dok II in
Jayapura.who are critical of the management of the hospital which they
describe as being appalling. After having made complaints to the
director of the hospital (to no avail), they took their complaints to
the governor of the province.

She spoke in particular about the incentive fee that had been promised
by the government but had not yet been paid.

Nurses in all the hospitals in Abepura as well as elsewhere in Papua are
doing their utmost, she said. ‘We were promised the incentive fee in
2009 and were eventually paid Rp 30,000 [around £2.00], which we got
only after pressing very hard for it.’

Since the enactment of the Special Autonomy law (in 2001), Papua has
been allocated substantial sums of money yet internal management
problems have led to a failure to solve problems in the hospitals,
including the failure to pay the incentive fee, which is being paid to
administrative staff. This led to the hospital personnel deciding to
take their problem to the governor.

Leni Ebe said that it had been agreed that specialist doctors and
dentists would get Rp 10 million (a month), phamacists would get Rp5
million and other medical personnel would get Rp 3m, while other staff
including nurses would get only Rp1m. ‘We have to handle so much of the
work, including that usually done by doctors. Is this is all we are
worth? It is far too little, especially for those of us who have
families to feed.’

A decision by the governor allocating the money for the whole of 2010
had not been followed through, as a result of which the nurses decided
to take their problem to the ALDP this week. Anum Siregar, director of
the ALDP, said that the failure to implement the decision was a clear
indication of the lack of any seriousness on the part of the government
to solve the problem and could lead to similar cases occurring elsewhere.

DAP rejects transmigration

JUBI, 21 February, 2011

DAP rejects transmigration

The chairman of DAP, the Papuan Traditional Council, has called on the
Indonesian government to be more judicious about plans to send yet more transmigrants to Papua.

Forkorus Yaboisembut said that plans by the Transmigration Department to move more transmigrants into Papua was a matter of great concern.

‘I very much hope that Papua will not yet again be the target for more
transmigrants because this is turning the Papuan people into a minority in their own homeland.’

He went on to say that sending more transmigrants in Papua was creating many more problems. In addition to turning local communities into minorities, it is also fostering feelings of jealousy because the
majority of people who run businesses and own plenty of capital are
those who have come from other parts of Indonesia.

Transmigration is also resulting in local Papuan cultures being swamped
by cultures from outside.

The government has announced that it has allocated Rp 600 billion to
cover the cost of bringing more transmigrants to Papua from other
parts of the country. The new transmigration programme is scheduled to continue until 2014.

INDONESIA: Widespread impunity in Papua aggravating tensions

 

Date: 22 February 2011 03:15:24 CET

FOR IMMEDIATE RELEASE
February 22, 2011
ALRC-CWS-16-06-2011

Language(s): English only

HUMAN RIGHTS COUNCIL
Sixteenth session, Agenda Item 4, General Debate

A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status

INDONESIA: Widespread impunity in Papua aggravating tensions

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 stigmatise them, subjecting them to abuse.

Autonomy law rejected

The State has failed to provide justice and remedies and to bring prosperity and equality to Papua through the Special Autonomy Law, despite it being Indonesia’s most resource-rich region. Demonstrations in Jayapura, the capital of the Papuan province, have repeatedly rejected the Special Autonomy Law of 2001, with many civil society speakers having labelled it as being a failure. The autonomy parliament in July 2010 issued a decree formally rejecting the law and demanding a referendum on the political status of the autonomy region. The law was rejected mainly due to it having failed to deliver on any of the key demands of indigenous Papuans since its enactment. These include economic aspects but security and the need for protection against discrimination and human rights violations also figure highly.

The repeated calls by Papuan politicians, church and other civil society leaders for a dialogue between Papua and Jakarta have not been responded to by the government. Given the ongoing grave human rights violations by Indonesian security forces and the deteriorating relations between Papua and Jakarta, the ALRC is concerned that the situation of human rights risks declining seriously in the coming period, unless Indonesia takes meaningful action to address its role in the worsening situation. To be credible in doing this, the Indonesian government and military must ensure that human rights violations are halted and impunity is shown to be being dismantled, with justice being served and reparation being provided to victims.

Torture and impunity — a symbol of abuse and injustice

In the high-profile torture case mentioned above, which remains emblematic of the situation of human rights in Papua at present, Mr. Tuanliwor Kiwo, an indigenous Papuan man, was arbitrarily detained and tortured in May/June2010 by the Indonesian military. Mr. Kiwo was arrested at the Kwanggok Nalime TNI post near Yogorini village on his way from Tingginambut towards Mulia, Papua, Indonesia. During two days of detention, Mr. Kiwo was subjected to several serious forms of torture including burning, beatings and other forms of violence, resulting in serious injuries and Mr. Kiwo falling unconscious. He was able to escape in the morning of the third day. Mr. Kiwo is currently in hiding for security reasons but has given a detailed testimony of his torture in a video recording.1

While cases of torture are often reported from Papua, this case received significant international attention after video footage of the torture2 was published by the Asian Human Rights Commission (AHRC) in October 2010. As a result of the significant public pressure concerning this case, three members of the military were tried in a military tribunal for disobeying their superior’s order to release the victim and were sentenced to between nine and twelve months imprisonment. The ALRC is concerned that the charge and punishment in this case are not commensurate with the gravity of the violation that severe torture represents. Furthermore, the victim has not been provided with any form of remedy. Despite its high profile nature, this case speaks to the Indonesian system’s inability to address torture as a serious crime and human rights violation, and its failure to provide adequate reparation to victims. In less visible cases, even less can be expected, and impunity typically prevails.

In another case of violence by members of the military in the March 2010, that was also published in October 2010, the perpetrators have received sentences of an equally disproportionately low nature. Three solders from the Indonesian military’s Pam Rahwan Yonif 753/Arga Vira Tama squad, based in Nabire, Papua, were given a five-month imprisonment sentence by the military court III/19, Cenderawasih military command in Jayapura in November 2010, for having kicked and beaten arrested indigenous Papuans whom they suspected of involvement in separatist activities. The names of the convicted officers are Chief Pvt Sahminan Husain Lubis, Second Pvt Joko Sulistiono and Second Pvt Dwi Purwanto. Military judge Lt. Col. Adil Karokaro explained in the verdict that the defendants had breached the Indonesian military’s code of conduct by torturing the residents.

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.

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, as cases received and documented by the ALRC attest. The promised review of the penal code has been delayed for years despite recommendations made to the government of Indonesia, which it accepted, during the Universal Periodic Review in this regard.

From a human rights perspective, it is vital for Indonesia to immediately begin to take credible action to tackle impunity and be seen to be tackling it in an effective way. 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 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.

Furthermore, 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.

——–

Footnotes:

1 http://www.youtube.com/watch?v=eX5CuZhFFCI
2 http://humanrightsasia.blip.tv/file/4446942/

# # #

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

International Human Rights Day 2010 – Download our pre-print PDF version of the annual reports here.

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Asian Human Rights Commission
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Hongkong S.A.R.
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URL: humanrights.asia
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Human rights situation raised with US diplomat visiting Papua

Bintang Papua, 16 February 2011

HUMAN RIGHTS SITUATION REPORTED TO US DIPLOMAT

Biak: The traditional Papuan community in Biak reported the current
social and political situation in Papua to the first secretary for
political affairs at the US embassy, Melanie Higgins, when she visited
the office of DAP (Dewan Adat Papua) in Biak. Their representatives drew attention in particular to the human rights situation and the
deteriorating welfare since the enactment of the Special Autonomy Law (OTSUS) which had led to the failure of OTSUS.

The issue that came to the fore was that for the Papuan people the
solution was merdeka – independence. ‘This poured forth from the hearts of the indigenous people during their meeting with the US diplomat on Wednesday. They said that this would be the best solution for the accumulation of problems in Papua,’ said Yan Pieter Yarangga, chairman of DAP in Biak-Supiori, following his meeting with Higgins.

He said that the visit by Melanie Higgins was consistence with the US
decision to evaluate OTSUS in Papua. She was able to hear how OTSUS had been implemented in the ten years since its enactment.

Besides talking about the failure of OTSUS, they raised some specific
cases, such as the beating of a civilian by a member of the security
forces (TNI) over a land dispute regarding land being held by the Air
Force.

They also talked about such matters as history, the development process and the growing number of poor Papuans. Women who were present spoke about the growing number of HIV/AIDS victims in Biak and everywhere in Papua.

‘We talked about many serious problems which were an indication of
genocide. ‘But we very much regret the fact that according to the US
there is no genocide in Papua,’ said the chairman of the local DAP.

He said that the indigenous people of Papua nevertheless warmly
appreciated the visit by Melanie Higgins and the present position of the US, and understood their US support for NKRI (Unitary State of the
Republic of Indonesia.).

‘But they should realise that we will not retreat and will continue to
struggle until we reach a solution for the political status for the
people of Papua and hope that Melanie Higgins will pass on the views of the indigenous Papuan people to the US government, in so that they would be passed on to the central government in Jakarta for them to take steps in favour of a comprehensive solution of the Papuan problem.’

‘Actually, there were many problems to raise with her but time was
short, so we came to the conclusion that we should raise a number of
basic indicators about problems of a very substantial nature.’

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