Tag: human rights

DPRP member: ‘Journalists important for the Papuan people

Bintang Papua, 23 March 2012Journalists are very important for Papua
Ruben Magay

Jayapura: Without journalists, nothing would be known by the general public about the aspirations of the Papuan people, said Ruben Magay chairman of Commission A of the DPRP, the Papua Provincial Legislative Assembly.

Referring to recent demonstrations organised by the KNPB – National Committee for West Papua –  he warned that demos should avoid becoming ‘anarchistic’ and start throwing things at journalists.

‘Demonstrations to press for our aspirations are in accord with the laws in force in Indonesia but people should understand  that they must refrain from abusing or attacking journalists, as this is in violation of the ethical code of the press. A recent demonstration was held to call for a referendum, but if people resort to anarchistic behaviour, this would result in the aspirations not being made known to in public. He urged the KNPB to remember that the demos they organise should always be orderly and peaceful.. ‘They should avoid trying to force their wishes on other people,’ said Magay, who in earlier days often took part in  demonstrations himself.

He referred to Law 29/1998 on demonstrations in which it is stated that  people wishing to proclaim their aspirations and their opinions to the general  public were fully entitled to do so  and should always conform with the regulations in force.

[Abridged in translation by TAPOL]

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Unconfirmed Reports of 3 Foreigners arrested in Fak-fak, West Papua

from West Papua Media and local sources
March 24, 2012
Unconfirmed reports are circulating that three foreigners have been arrested by Indonesian police in the west coast town of Fak-fak, West Papua, for taking photographs at a demonstration on MArch 19.
Rally in Fak-Fak, March 19, 2012
The rallies, which were held across West Papua and Indonesia, were calling on United Nations Secretary general Ban ki-Moon  to advocate for West Papua and pressure Indonesia to end human rights abuses in West Papua.  The UNSG was visiting Jakarta to speak at a Defence Policy expo and hold bilateral meetings with General Susilo Bambang Yudhoyono, the President of Indonesia.
The three men, identified as two British and one Canadian citizens, were taken by police to be interrogated after they were observed by intelligence officers taking photographs at the rally on Monday.
According to local sources, local police have claimed that the arrested men did not have a permit to enter West Papua,  are “part of a foreign interference”.
Foreigners must apply for a Surat Jalan (travel permit) to visit West Papua, and must report to a local police station or military post either daily or weekly.  Foreign journalists and human rights observers are banned by Jakarta from entering the Indonesian colony.  Due to this restriction, any non-Indonesian foreigner with a camera is subjected to surveillance.
Local police in Fak-Fak have not been available for comment.

 

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Sambom: ‘Imprisonment will never silence Papuans’

JUBI, 19 March 2012
A leading Papuan human rights  activist has said that the Indonesian government will never be able to silence the Papuan struggle by putting Papuans behind bars. On the contrary, he said, it has the reverse effect by making people more determined than ever.

Sebby Sambom made these comments in an interview with JUBI in connection with the three-year sentence given to Forkorus Yaboisembut and his four colleagues last week.

‘Indonesia has neither the power nor the legal means to punish Papuans by silencing them with regard to their aspirations for an Independent Papua,’ he said.

He said that whenever Papuans take action, they are brought before the court and given a prison sentence. This is the way the government behaves which is simply unacceptable. Even though Papuans have done nothing wrong, they are thrown into prison.’

He said that any Papuan who takes action faces the prospect of being jailed. People keep on being arrested, put on trial and thrown into prison but this will never silence the Papuan people.

He went on to say that  as the number of Papuans being held behind bars goes on increasing , this will help to alert the international community to get involved in solving the Papuan issue.

‘With all these political prisoners,’ he said, ‘international support will become more positive.’

Sebby said that Forkorus  is a loyal Papuan leader who is very serious about the Papuan struggle. ‘He is doing everything he possibly can to bring an end to our sufferings,’ His attitude was very clear from the remarks he made after the verdict was announced. ‘We were pleased with the verdict and our struggle will continue,’ said Sambom.

Translated by TAPOL

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Amnesty: Indonesia – Victims still waiting for truth and justice for past human rights violations

Amnesty International

AMNESTY INTERNATIONAL
PUBLIC STATEMENTIndex: ASA 21/012/2012
24 March 2012

Indonesia: Victims still waiting for truth and justice for past human rights violations

As the world marks the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims, in Indonesia victims of serious human rights violations, including unlawful killings, rape and other crimes of sexual violence, enforced disappearance, torture and other ill-treatment continue to call for truth, justice and reparation for past crimes.

Amnesty International today urges the Indonesian Coordinating Minister for Political, Legal and Security Affairs, who is leading a team to resolve past human rights violations, to answer these calls by making the establishment of a National Truth and Reconciliation Commission a key priority.

The Commission should function according to international law and standards, including the Updated Set of principles for the protection and promotion of human rights through action to combat impunity. It should not substitute the responsibility of the criminal justice system in the country to investigate and – if sufficient admissible evidence exists – prosecute those responsible for grave human rights violations and crimes under international law. All victims should be guaranteed access to full reparation including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.      In 2004, the Indonesian Parliament passed the Law on a Truth and Reconciliation Commission (No. 27/2004), which provided for the establishment of a national truth commission with powers to receive complaints, investigate grave human rights violations which occurred in the past and to make recommendations for compensation and/or rehabilitation for victims. In 2006 the Indonesian Constitutional Court struck down the law, after it ruled that an article which provided reparation for victims only after they agreed to an amnesty for the perpetrator was unconstitutional. Amnesty International welcomed this ruling, as amnesties, pardons or similar measures of impunity for the most serious crimes and human rights violations such as unlawful killings, rape and other crimes of sexual violence, enforced disappearance, torture and other ill-treatment are contrary to international law.

Almost six years later, attempts to pass a new law and enact a national truth commission have stalled. Although a new law has been drafted and is scheduled for discussion in Parliament in 2011-2014; to date there has been no progress, with Parliament failing to prioritize debate of the draft in the 2012 legislative programme. The continued failure to debate and pass a new law in Indonesia leaves many victims without an effective mechanism for truth and full and effective reparation.

In May 2011, President Susilo Bambang Yudhoyono established a multi-agency team to devise “the best format to resolve grave human rights violations that occurred in the past”. The team has so far visited victims of such violations in various part of the country, including Talangsari, Tanjong Priok and Kupang. However, it has been criticized by human rights organizations and victims’ groups for failing to develop a concrete strategy to ensure truth, justice and reparation for victims.

All victims of gross human rights violations, crimes against humanity and other crimes under international law have a right to truth. Principle 4 of the Updated Set of principles for the protection and promotion of human rights through action to combat impunity states that “[i]rrespective of any legal proceedings, victims and their families have the imprescriptible right to know the truth about the circumstances in which violations took place and, in the event of death or disappearance, the victims’ fate”.

For victims, this right involves knowing the whole truth about the violations they suffered, including the identity of the perpetrators and the causes, facts and circumstances in which such violations took place. For family members, particularly of those who were killed or disappeared, it involves establishing the fate and whereabouts of their loved ones. Whether individual or collective, the right to truth involves the public acknowledgement of victims’ suffering. Truth commissions are also an important step towards understanding the circumstances that led to past violations, learning from the past to ensure that such crimes will not be committed again, and ensuring that shared experiences are acknowledged and preserved.

In addition to a lack of action at the national level, local attempts to establish truth commissions to deal with specific cases also continue to face delays. In the provinces of Aceh and Papua, civil society organizations are pushing for the establishment of local truth commissions, which are provided for in autonomy laws governing those areas. In Aceh a draft bylaw (qanun) has been on the legislative programme since early 2011 but is yet to be debated in the Aceh regional parliament, while in Papua, to date there has been no progress.

Amnesty International calls on the provincial and central government to prioritize the establishment of local truth commissions to ensure truth, justice and full reparation for victims and their families.

Efforts to deliver truth for victims and their families must form part of a wider framework of accountability for past crimes. Amnesty International calls on the Indonesian authorities to ensure that perpetrators of serious human rights violations are brought to justice in independent courts and in proceedings which meet international standards of fairness. Victims and their families must be provided with full and effective reparation under international law.

Amnesty International further calls on the Indonesian government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance at the earliest opportunity, incorporate its provisions into domestic law and implement it in policy and practice.

Link: http://www.amnesty.org/en/library/info/ASA21/012/2012/en





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West Papua: Senator Richard Di Natale questions Foreign Minister Carr
			

				
Video of Question Time in the Australian Senate on Tuesday March 20, 2012, where Senator Di Natale questioned Foreign Minister Carr about his meeting with the Indonesian Foreign Minister.


He asked Senator Carr whether he had raised West Papua in this meeting, and if not, when the Government planned to do so.


The video includes Senator Carr’s response.

[youtube http://youtu.be/v-MD9ak3ORg]

Federal parliament yesterday (Australia)


http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2Febe16d5f-1452-4285-9104-171295b6d0c4%2F0029%22


THE SENATE

PROOF

QUESTIONS WITHOUT NOTICE

West Papua

QUESTION

Tuesday, 20 March 2012

BY AUTHORITY OF THE SENATE


PDF: http://parlinfo.aph.gov.au/parlInfo/genpdf/chamber/hansards/ebe16d5f-1452-4285-9104-171295b6d0c4/0029/hansard_frag.pdf;fileType=application%2Fpdf







Senator DI NATALE (Victoria) (14:52): Mr President, my question is to the Minister for Foreign Affairs, Senator Bob Carr. Minister, last week you met with your counterpart from Indonesia.


Honourable senators interjecting—


The PRESIDENT: Order!


Senator Bob Brown: I rise on a point of order. As you know, it is impossible to hear Senator Di Natale up this end of the chamber. I am sure that the minister cannot hear the question, so he will not be able to answer.


The PRESIDENT: Senator Brown, that is a valid point of order. I had called for order. I had called, in particular, two members of the Senate to order so that Senator Di Natale can be heard.


Senator DI NATALE: I might begin again. My question is for the Minister for Foreign Affairs, Senator Bob Carr. Minister, last week you met with your counterpart from Indonesia, Marty Natalegawa, and the defence ministers of both nations. Can you inform the Senate as to whether the issue of West Papua was raised as part of those discussions? If not, when do you plan to raise the issue of West Papua with the Indonesian government?


Senator BOB CARR (New South Wales—Minister for Foreign Affairs) (14:53): Mr President, it was raised. First of all it was raised by me, when I assured the Indonesian foreign minister that Australia—both sides of Australian politics—fully recognised Indonesian sovereignty over the Papuan provinces. I reminded him that that was recognised in the Lombok treaty, signed by the Howard government with Indonesia in 2006. I underlined that I understood the case that all the governments of the world recognise Indonesian sovereignty. It would be a reckless Australian indeed who wanted to associate himself with a small separatist group which threatens the territorial integrity of Indonesia and that would produce a reaction among Indonesians towards this country. It would be reckless indeed.


I can say this: the Indonesian foreign minister nominated to me the responsiveness of the Indonesian government to oft-expressed Australian concerns about human rights in Papua. Before I could raise the subject, as I was fully intending to, the Indonesian foreign minister nominated that they have a clear responsibility to see that their sovereignty is upheld in respect of human rights standards. I was impressed by that. It reflects the fact that the previous Australian governments—I know it is the case with this Labor government and I assume it is the case with a coalition government—have raised these concerns with Indonesians, and it reflects the fact that Indonesians have listened.


I again would warn any member of the Senate against foolishly talking up references to separatism in respect of the Papuan provinces. That is reckless and it is not in Australia’s interests.


Senator DI NATALE (Victoria) (14:55): Mr President, I ask a supplementary question. It does relate to the Lombok treaty and I need to remind the foreign minister—I understand he is new in his role—that the Joint Standing Committee on Treaties report of 6 December made a bipartisan recommendation:


The Committee recommends that the Australian Government encourage the Indonesian Government to allow greater access for the media and human rights monitors in Papua.


If this is still the government’s position, what has Senator Carr done to further this aim?


Senator BOB CARR (New South Wales—Minister for Foreign Affairs) (14:56): I can assure the Senate that the Australian embassy in Jakarta will continue to raise matters of human rights in respect of the Papuan provinces, and will do so in respect of the recent sentencing of five men in Papua province to three years imprisonment for subversion. Australia has a strong and consistent record of upholding the right of persons peacefully to express their political views freely. Australian officials in Jakarta will raise our concerns over these sentences. But we will do so as a friend of Indonesia, absolutely explicit and unabashed about asserting Indonesian sovereignty over the Papuan provinces. The Lombok treaty—I refer again to the fact that the Lombok treaty was signed in November 2006, coming into force in 2008—is based on such a recognition: support for the sovereignty, territorial integrity, national unity and political independence of each other. Similar language is used in the preamble.


Senator DI NATALE (Victoria) (14:57): Mr President, I ask a further supplementary question, which also relates to the JSCOT report, which I remind the foreign minister is about what the Australian government, not the Indonesian government, has agreed to do. Recommendation 2 says:


… increase transparency in defence cooperation agreements to provide assurance that Australian resources do not directly or indirectly support human rights abuses in Indonesia.


Again I ask the foreign minister: what steps will you take in your role as foreign minister to ensure this recommendation is applied and that transparency of Australia’s role— (Time expired)


Senator BOB CARR (New South Wales—Minister for Foreign Affairs) (14:58): In those full and frank exchanges last Thursday with our Indonesian counterparts, the defence minister and I canvassed Papua and the Indonesian foreign minister referred again to the progress being made by Indonesia in shifting responsibility for law and order in the Papuan provinces from the military to the police. President Yudhoyono—a great friend of Australia’s, by the way—has committed his government to raising the living standards of the people of Papua and reinvigorating special autonomy. Australia believes that this is the best path—the best means—to achieving a safe and prosperous future for the Papuan people. We will give support through our aid programs. We are the biggest aid donor to Indonesia, and a recognition of that is reflected in the Lowy Institute poll, which I recommend members of the Senate read, which says that Australia is held in high standing by the people of Indonesia. We will continue to work on these great tasks.


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