Tag: Impunity

AI URGENT ACTION JOURNALIST STABBED IN INDONESIA

http://www.amnesty.org/en/library/asset/ASA21/004/2011/en/af581980-0b39-4576-bfe7-d7bc77734e0d/asa210042011en.html

DOCUMENT – INDONESIA: JOURNALIST STABBED IN INDONESIA: BANJIR AMBARITA

UA: 53/11 Index: ASA 21/004/2011 Indonesia Date: 03 March 2011

 

URGENT ACTION
JOURNALIST STABBED IN InDONESIA

In the early hours of 3 March, journalist Banjir Ambarita was stabbed in the Indonesian province of Papua. He is currently in intensive care, recovering after an operation. He is at risk of further attacks and intimidation.

Banjir Ambarita is a journalist with Bintang Papua, a local newspaper, based in Jayapura, Papua province. He was stabbed at about 1 am in the morning of 3 March 2011. Banjir Ambarita was on his motorcycle heading home when the attack occurred. Reliable sources told Amnesty International that when he was in front of the Jayapura Mayor’s office, two men on a motorcycle approached him, stabbed him twice in the chest and stomach and sped off. As he began to bleed, Banjir Ambarita rode his motorcycle to the nearby police station. Police officers took him to the Marthen Indey Hospital in Aryoko, Jayapura. He had an operation on 3 March 2011 and is recovering in hospital.

Banjir Ambarita has worked in Papua province for five years and is also a regular contributor to Vivanews and The Jakarta Globe. He had recently written about two alleged rape cases involving the police. In the first case, which occurred in February 2011, four police officers and three civilians allegedly raped and tortured a 15 year old girl in Biak, Papua province. In a second case, three police officers forced a woman detainee to perform oral sex on them over a three-month period from November 2010 to January 2011 at the Jayapura police detention centre in Papua province. The three officers were reportedly only given disciplinary punishments of 21 days’ detention and a delay of their promotions. The media coverage of the second incident led to the resignation of Jayapura Police Chief Adjunct Senior Commissioner Imam Setiawan on 1 March 2011, and a report on the incident filed by the woman’s husband to the Papua branch of the National Human Rights Commission (Komnas HAM).

International human rights observers, non-governmental organizations and journalists are severely restricted in their work in Papua amid ongoing reports of serious human rights violations by the police and military.

PLEASE WRITE IMMEDIATELY in Indonesian or your own language calling on authorities in Indonesia:
  • To immediately conduct a prompt, independent and impartial investigation into the attack against Banjir Ambarita and bring the perpetrators to justice in accordance with international fair trial standards;
  • To take immediate steps to provide appropriate protection to Banjir Ambarita, according to his wishes;
  • To initiate an independent investigation into the two reported rape cases highlighted by Banjir Ambarita, and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and victims receive reparations;
  • To ensure that all human rights defenders in Papua, including local journalists, can work freely, independently and with full protection from state authorities.
PLEASE SEND APPEALS BEFORE 14 APRIL 2011 TO:
Papua Police Chief
Inspektur Jenderal Bekto Suprapto
Papua Police Chief (Kapolda)
Jl. Samratulangi No. 8 Jayapura,
Papua,
Indonesia
Fax: +62 967 531717
Salutation: Dear Kapolda
Minister of Justice and Human Rights
Mr. Patrialis Akbar
Ministry of Justice and Human Rights
Jl. H.R. Rasuna Said Kav No. 4-5
Kuningan, Jakarta Selatan 12950 Indonesia
Fax: +62 21 525 3095
Salutation: Dear Minister
Chairperson National Human Rights Commission (Komnas HAM)
Mr. Ifdhal Kasim
Chairperson National Human Rights Commission (Komnas HAM)
Jl Latuharhary
No.4 Menteng Jakarta Pusat
10310
Indonesia
Fax: +62 21 39 25 227
Salutation: Dear Ifdhal Kasim
COPIES TO: diplomatic representatives of Indonesia accredited to your country. Please check with your section office if sending appeals after the above date.

URGENT ACTION

JOURNALIST STABBED IN INDONESIA

ADDITIONAL INFORMATION

In recent years, there have been a number of cases of intimidation and attacks against human rights defenders and journalists in Indonesia.

In July 2010, Tama Satrya Langkun, a Jakarta based anti-corruption activist, was severely beaten by unknown persons in an apparent move to silence him. That same month, Ardiansyah Matra, a journalist covering corruption and illegal logging in Papua, was found dead in the province. Despite police investigations, no one has yet been held accountable for these attacks.

Amnesty International has documented how victims and witnesses in Papua have little available legal remedies to make complaints about human rights violations. In a report published in June 2009, Amnesty International highlighted weaknesses in internal and external accountability mechanisms to deal with police abuse. To date, these mechanisms have yet to be reviewed.

Please refer to the following documents for more information:

Digest: Amnesty International Papua Digest, January 2011
Document: Open letter on unchecked police abuse in Nabire district, Papua, (Index ASA 21/024/2009), 30 November 2009.
Report: Unfinished business: Police accountability in Indonesia, (Index ASA 21/013/2009), 24 June 2009.
Report: Amnesty International’s briefing to the UN Committee Against Torture, (Index ASA 21/003/2008), 15 April 2008.

UA: 53/11 Index: ASA 21/004/2011 Issue Date: 3 March 2011
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3

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.”

Back issues of West Papua Report

6

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



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SMH: A Worm Inside the New Indonesia
			

				
FYI – Media Information


[With reflections on West Papuan situation.]


The Sydney Morning Herald

February 26, 2011


A Worm Inside the New Indonesia


by HAMISH McDONALD


WITH popular uprisings turfing out rulers in Tunisia, Egypt and perhaps elsewhere in the Arab world, a lot of analysts have focused on fears of ”contagion” in other regions, notably on China’s censorship of news reports about the protest wave in the Middle East.


Yet the Middle East event that might have the most far-reaching effect is not the awakening of the Arab ”street” against authoritarian rulers, but the vote in a United Nations supervised referendum a month earlier.


The largely African people in the south of Sudan voted overwhelming to secede from their Arab-dominated country and form a new nation – a result accepted by the Khartoum government and its main foreign backers, including China.


This has followed the declaration of independence from Serbia by Kosovo in 2008 that was accepted by most of the world and approved by the International Court of Justice, and Russia’s unilateral recognition of Georgia’s South Ossetia and Abkhazia as sovereign states soon afterwards in retaliation. It has left respect for the ”territorial integrity” of states and post-colonial boundaries somewhat tattered.


Already the example is being applied to an intractable issue right on Australia’s border and forming the touchiest part of what many see as our most important foreign relationship – the question of West Papua, the western half of New Guinea now part of Indonesia.


As Akihisa Matsuno, a professor at Osaka University, pointed out this week in a conference at Sydney University’s Institute of Peace and Conflict Studies, South Sudan and Kosovo take West Papua out of the usual context of debate about the rights and wrongs of its decolonisation from Dutch rule in 1962 and ”act of free choice” under Indonesian control in 1969.


Kosovo’s independence was a case of ”remedial secession”: no states claimed the Kosovars had a right to self-determination, there was just no prospect of its peaceful reintegration back into Serbia or the rump Yugoslavia. Protection of people in Kosovo had more weight than Serbia’s territorial integrity.


Sudan became independent in 1956 from British rule, but has been in civil war most of the time since, with a 2005 peace agreement finally conceding a referendum. This suggests lack of integration between territories ruled by the same colonial power can justify a separate state, Matsuno said. ”This means that colonial boundaries are not as absolute as usually assumed.”


Indonesia itself went down this path in 1999 by insisting, for its domestic political reasons, that East Timor’s vote in 1999 was not a delayed act of self-determination that should have been taken just after the Portuguese left in 1975, but a ”popular consultation” with the result put into effect by Indonesia’s legislature. This amounted to conceding a right of secession to its provinces, Matsuno said.


West Papua’s act of free choice was seen as a farce from the beginning. As the historians Pieter Drooglever in Holland and John Saltford in Britain have documented, monitors were kicked out of the territory by the Indonesians in the seven-year interval between the Dutch departure and the ”act” – which was a unanimous public vote by an assembly of 1022 handpicked, bribed and intimidated Papuans in favour of integration with Indonesia.


Revolt has simmered and broken out sporadically ever since. Canberra’s relations with Jakarta went into crisis in 2006 when 43 Papuan independence activists and family members crossed the Torres Strait by motor canoe and requested political asylum.


Richard Chauvel, an Indonesia scholar at Melbourne’s Victoria University, told the conference Jakarta feels Papuan independence is not seen as the threat it was a decade ago when a ”Papuan spring” of breakaway sentiment and protest followed East Timor’s departure. The territory has been broken into two provinces so far, and numerous district governments, Papuan separatists fragmented, and no state bar Vanuatu is questioning Indonesian sovereignty (though the US Congress last September held its first committee hearing on West Papua).


Yet Chauvel says West Papua has become an ”Achilles’ heel” for a democratising Indonesia over the last 10 years. ”Papua is Indonesia’s last and most intractable regional conflict,” he said. ”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.”


President Susilo Bambang Yudhoyono called the recently reported

torture cases ”incidents” by low-level soldiers, not the result of high-up instructions. Chauvel says he is probably correct: ”A more likely explanation is that instructions were not necessary. These acts reflected a deeply ingrained institutional culture of violence in the way members of the security forces interact with Papuans.”


Matsuno argues that South Sudan makes Indonesia’s post-colonial claim to West Papua more shaky, since it too had racial, religious and other differences to the rest of the country and had been administered separately within the former Netherlands East Indies. A ”more moral question” behind self-determination is coming to the fore, he said, the factor of ”failure” in governing.


The Japanese scholar sees echoes of East Timor in the late 1980s, when even foreign policy ”realists” started recognising the failure of Indonesian rule on the ground: serious human rights abuses, foreign media shut out, migrants flooding in, local leaders turning away from government, a younger generation educated in the Indonesian system refusing to identify themselves as Indonesians.


”These young people were increasingly vocal and continued to expose the ‘unsustainability’ of the system,” Matsuno said. ”Indeed the unsustainability of the situation in West Papua seems to be a truth. Only it takes some more time for the world to realise the truth.”


No one expects any outside power to intervene. But as we are seeing in the Arab despotisms, 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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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.


—————————–


Asian Human Rights Commission

#701A Westley Square,

48 Hoi Yuen Road, Kwun Tong, Kowloon,

Hongkong S.A.R.

Tel: +(852) – 2698-6339

Fax: +(852) – 2698-6367


URL: humanrights.asia

twitter/youtube/facebook: humanrightsasia








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