News from Papua: Police will persist in summoning Sokrates; Police urged to stop summoning Sokrates; Lawyers speak out about Sokrates case

Bintang Papua, 19 August 2010

Abridged in translation

Police will continue to summon Sokrates
The police force in Papua have said that they will persist in summoning
Duma Sokrates Yoman to appear for interrogation, in connection with his
allegation that the incidents in Puncak Jaya are part of a business
project of the army and the police (TNI/Polri).

Sokrates Yoman is president of the Fellowship of Baptist Churches in Papua.

The chief of police in Papua now says that his patience is exhausted and
they regard him as a witness. ‘In two or three days,’ said the Wachyono,
head of public relations of the police, ‘we will summon him as a
witness, instead of just asking him for clarifications,’ he said.

Yoman Sokrates has twice been invited by the police to give
clarifications about the events in Puncak Jaya and his charges that the
TNI/Polri are engaged in business activities in Puncak Jaya. After his
failure to respond to two summonses, he will be summoned as a witness,
on the basis of article 112 of the criminal code which states that
anyone summoned as a witness or as the accused is under obligation to
appear. If he still refuses to appear, he will be sent an official order
to appear. ‘This is what the law states and is not just what the police
are saying,’ said Wachyono.

As has been reported earlier, Sokrates Yoman has been accused of trying
to ‘corner’ the army and the police in connection with a series of
shootings against civilians in Puncak Jaya that have been going on since
2004.

Earlier reports in Bintang Papua stated that Sokrates Yoman declared
that he was undaunted by the police summons. He said that many people
have spoken out about the situation in Puncak Jaya but, ironically, he
was the only person to have been summoned by the police. He accused the
police of behaving unfairly and unprofessionally. ‘It is my belief that
the law enforcement agencies are acting on the orders of a sponsor who
are keen to exert pressure on me as a church leader,’ said Sokrates.

He was quoted as saying that he was ready to face the consequences and
would never run away. I will remain in my office or at home because this
is our homeland.’

Sokrates has called on the legislative assembly in Papua, the DPRP, to
summon the military commander of Papua and the chief of police of Papua
to explain what they have been doing and what their strategy is
regarding the situation in Puncak Jaya which has been going on for six
years.

‘We need to know who are the brains behind this and who stands to gain
from incidents that have resulted in many victims among the ordinary people.

——————————-

Police urged to stop summoning Sokrates
Bintang Papua 12 August 2010

The police summons to Sokrates and the failure to resolve the prolonged
conflict in Puncak Jaya has attracted the attention of the churches,
which are now calling for a national dialogue as the only way to resolve
the never-ending conflict.

On 12 August, a meeting held at the office of the Synod of the GKI was
attended by the leaders of all the main churches, Rev Miriono-Krey,
chair of the Synod of the GKI, Rev. Lipius Biniluk, chair of the Kingmi
Church in the Land of Papua, Dr Rev. Benny Giay, of the Fellowship of
Baptist Churches in Papua, Rev. Andreas Kogoya, and the Bishop of
Jayapura, Leo Laba Lajar.

The meeting reached agreement on several statements expressing their
concern with a number of cases in the Land of Papua and especially in
Puncak Jaya.

The church leaders called for a national dialogue to be held as soon as
possible to find a solution to all the problems in Papua on the basis
of the princiiples of justice, dignity and humanitarianism, mediated by
a neutral third party. The churches stated that they would consistently
and firmly fight for the rights of God’s people, in accordance with the
teachings of Jesus Christ.

The churches called on the governor of the province of Papua, church
leaders throughout the land of Papua, the Papuan Customary Council
(DAP), the Papuan People Assembly (MRP), the Papuan Legislative
Assmbly, DPRP, the military command of Papua and the chief of police of
Papua to enter into dialogue, facilitated by the church.

The church leaders also urged the chief of police to stop summoning
Sokrates Yoman, the president of the Fellowship of Baptist Churches.
They also called on the people living in the district of Puncak Jaya and
on the people throughout the Land of Papua to remain calm in face of the
on-going tragedy in the Land of Papua.

The DPRP and the MRP were urged to open their eyes and ears to the
series of shootings that have been occurring in the district of Puncak
Jaya and to summon the governor of the province of Papua as the civil
authority in Papua, the Papua chief of police and the military commander
as those responsible for the security situation to explain the many
incidents of violence that have been occurring in Puncak Jaya up to the
present.

In particular the chief of police should say what the police have been
doing to reveal those responsible for the terror shootings in that
district. The National Human Rights Commission representative office in
Papua should set up an independent team to investigate to discover the
people behind all this, and to produce accurate data in the interests of
law enforcement and for justice and truth.

——————————

Lawyers speak out about the Sokrates case
Bintang 13 August 2010

A number of lawyers have expressed their opinions about the police
summons to Sokrates Yoman, head of the Fellowship of Baptist Churches.
The fact that the police have made statements in the media has attracted
their attention.

According to the lawyer Gustaf R. Kawer, if Sokrates is regarded as a
witness, that means that there must also be a defendant. The police may
summon him up to three times and if he fails to appear, then force may
be used in accordance with the law.

If Sokrates is believed to be in any way connected to the accused, this
must be based on initial evidence. There should be two witnesses as well
as the necessary evidence. It is not correct for the police simply to
say something in the media and then go ahead and arrest Sokrates.

If it is simply about a statement made by Sokrates in the press, he is
protected by the law on the press. ‘According to the press law, when a
journalist publishes his comments, he should be confronted by the person
against whom the charge was made. Once the institution that has been
charged has used its right of reply, the matter should be regarded as
closed.’

If the matter results in defamation of the person in question, said
Kawer, it is premature of the police and means that they are acting
unprofessionally. They are simply reacting to something while at the
same time showing that they cannot accept criticism.

Speaking along similar lines as Kawer, Johannis Maturbongs, the
coordinator of Kontras, said that the army and the police should accept
the remarks made by Sokrates as a form of control from civil society.
‘The police summons was premature because all that Sokrates was doing
was exerting control on behalf of civil society regarding the events
that have been occurring in Puncak Jaya.since 2004.

What has been happening is highly regrettable because there have been
casualties not only among members of the security forces but also a
considerable number of casualties among the ordinary people. The events
there have been quite extraordinary yet the police have failed to
perform their function which is to discover the perpetrators. It is as
though the police are using the words of Soktrates as proof against
those responsible. ‘They are not treating Sokrates as a community
leader and church leader who is feeling deeply concerned about the
situation.’

Johanis also said it is the duty of the National Human Rights
Commission, KomnasHAM, in Papua as as well in Jakarta to respond.

‘It is up to Komnas HAM to thoroughly investigate what has been
happening in Puncak Jaya because there have been many civilian casualties.’

AMNESTY INTERNATIONAL: End criminalization of peaceful political activities in Maluku

AMNESTY INTERNATIONAL
Public statement

AI Index: ASA 21/017/2010
19 August 2010

INDONESIA: End criminalization of peaceful political activities in Maluku

The decision to charge at least 22 political activists in Maluku for “rebellion” once again highlights the failure of the Indonesian government to distinguish between armed groups and peaceful political activists. Amnesty International urges the Indonesian government to release immediately and unconditionally the activists, who are all men, if they have been arrested solely for their peaceful political activities.

On 13 August 2010 the Maluku police announced that they were planning to charge the political activists with “rebellion” against the state (makar) under Articles 106 and 110 of Indonesia’s Criminal Code (KUHP, Kitab Undang-Undang Hukum Pidana). The police pointed to evidence which included possession of dozens of “Benang Raja” flags, a symbol of the South Maluku independence; Republic of South Maluku (RMS) membership cards; and photos and stickers of the independence flag.

According to local sources, the activists were planning to use the visit of Indonesia’s President, Susilo Bambang Yudhoyono, to Maluku in early August as an opportunity to disseminate materials related to alleged human rights violations there, including posters calling for the release of political prisoners in Maluku arrested for their peaceful political activism.

Amnesty International is also concerned about their safety in custody, as detained political activists are known to have been tortured and ill-treated in Maluku. The authorities must ensure that the men are allowed access to legal counsel of their choosing, their families and any medical treatment that they may require.

Background

The Republic of South Maluku (RMS), an armed pro-independence movement, officially ended in Maluku with the execution of its leader by the Indonesian authorities in 1966. However, some villagers continue to raise the “Benang Raja” flag there as a peaceful political act of protest against the central government.

Amnesty International has documented dozens of arrests in past years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Maluku and Papua.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or other political solutions.

The rights to free expression, opinion and peaceful assembly are guaranteed under the Indonesian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. While the Indonesian government has the duty and the right to protect life and to maintain public order within its jurisdiction, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

In June 2007, 22 political activists in Maluku province were arrested for unfurling the “Benang Raja” flag while performing a traditional “Cakalele” dance in front of the President. After their performance, the police, particularly the anti-terrorist unit Detachment-88, detained all 22 of the dancers. They were tortured or otherwise ill-treated, charged with “rebellion” under Articles 106 and 110 of the Indonesia Criminal Code and are serving sentences of between seven and 20 years’ imprisonment. Amnesty International considers them to be prisoners of conscience. A twenty-third dancer, also a prisoner of conscience, was arrested in June 2008 and sentenced to four years’ imprisonment in March 2009.

ENDS/

Public Document
****************************************
For more information please contact Amnesty International’s press office in London, UK, on +44 20 7413 5566 or press@amnesty.org

Amnesty International, 1 Easton St., London WC1X 0DW, http://www.amnesty.org
For latest human rights news view http://news.amnesty.org

News from Papua: Filep Karma refuses offer of remission; Census time: huge increase in population of Papua

Articles from Bintang Papua, 17 August 2010
Abridged in translation

While prisoners everywhere will await anxiously for the moment when they
may receive remission of their sentence, this is not the case with a
prisoner charged with ‘makar’ (treason).

Filep Karma (who is serving a 15-year sentence) has once again rejected
the government’s offer of a remission. He made his decision known in a
two-page letter addressed to the minister for law and human rights,
Patrialis Akhar.

At a place in the prison where he was able to make contact with
journalists, he said that he rejects all offers of remission.

‘I consider that I am not guilty of anything. The mere expression of my
democratic rights is not allowed. Yet, in Jakarta, when someone sticks a
photo of the president on the backside of a buffalo, this is not
considered to be a crime.’

He said he would also refuse any offer of clemency.

In the opening paragraph of his letter copies of which are addressed to
26 other addressees including the Indonesian president and Amnesty
International, he said:

‘I, the undersigned, declare in full consciousness of what I am doing
and free from any pressure from any quarter, that I have rejected the
efforts by the government since 2005 to grant me remission by the
department of law and human rights and I shall do so into the
foreseeable future for as long as I continue to have the status of
political prisoner conferred by the Republic of Indonesia.’

He went on to say that this was being done as an act of protect against
all manner of actions by the authoritiesof the Republic of Indonesia in
violation of the Pancasila philosophy and the 1945 Constitution.

As is known, the national day 17 August is always an occasion for the
authorities to grant remission, and on this occasion, it included the
release of fourteen convicted prisoners being held in Abepura Prison
while 115 prisoners were granted remissions of between two and six months.

The remissions were granted in a ceremony led by the law and human
rights minister and the deputy governor of Papua, Alex Hasegam when the
remission letter was given to each of the prisoners in question.

On the same occasion, one prisoner, Filep Karma, who was neatly
dressed, managed to come forward holding a morning star flag in his
hand. But this had nothing to do with being granted remission; it was to
move a sack of garbage to a truck.

—————————–

Huge increase in population of Papua

The population of the province of Papua has now reached 2,851,999, which
represents a far greater percentage increase than the national increase
of 1.49 percent.

[The report in BPapua refers throughout to the ‘province of Papua’,
presumably meaning this this does not include what is now the province
of West Papua.]

This was announced by the head of the Statistics Bureau of the province
of Papua who said that this was still a provisional announcement
because there would be further announcements about the composition of
the population including ethnicity, migration as well as the number of
births and deaths.

Another official of the bureau said that the huge increase was partly
due to having started from a low base, so the percentage increase
appears to be very high. In addition, he said, the census in 2000 was
far from being complete because the political situation at the time was
very tense, with on-going demands for a referendum and independence for
Papua, with the result that some districts were unable to carry out the
census.

He said that the number of males was in excess of the number of females,
with a recorded difference of 13 percent.

The place with the greatest densisty is Jayapura with 278 persons per
square kilometre followed by Biak with 58 persons per square kilometre..
Mamberamo has the lowest density of all, with only one person per square
kilometre.

[Comment: We can only await the promise of more detailed information
about the ethnic composition of the population, bearing in mind the
reported regular arrival of in-migrants from other parts of Indonesia.
It could very well be that the point has been reached at which Papuans
now account for a minority of the inhabitants, a trend that can only
increase with the recent launch of the MIFEE project in Merauke. TAPOL]

AIIA ACCESS 'West Papua's Search for Self-Determination' – Dr Scott Burchill and Herman Wainggai

http://blip.tv/file/4012065

Enjoy the viewing of parts 1 & 2 of the AIIA ACCESS ‘West Papua’s Search for Self-Determination’

Many thanks again to Dr Scott Burchill and Herman Wainggai for speaking, and of course the AIIA Victoria for hosting this event amid the diplomatic controversy.


Dr Scott Burchill


Herman Wainggai, WPNA

Part 1 | Part 2
At this Australian Institute of International Affairs event – which Indonesian Government officials tried to stop – political commentator and academic Dr Scott Burchill and West Papuan organiser Herman Wanggai talk about West Papua’s fight for self-determination.
The Indonesian province of West Papua has witnessed a struggle between Indonesian security forces and West Papuan resistance fighters since the 1960s. Tensions remain high today because of the cultural distinctiveness of the Melanesian Papuans, repression by the Indonesian military which observers have likened to the force once used against the East Timorese, and the richness of the province’s resources base. Burchill argues that Australia’s lack of concern is an ongoing effect of the Jakarta lobby’s discredited argument about the fragility of Indonesian territorial integrity, which continues to trump human rights concerns.
Melbourne, August 2010

Vanuatu's sellout to Indonesia disappoints West Papua at PIF

Opinion

August 17, 2010

Peter Woods

The conclusion of the Pacific Islands Forum has left a great sense of disappointment. There was every reason to think that Vanuatu would be the prominent voice in the forum for the West Papuan demand for a seat at the table. As recent as June 19 the Vanuatu Parliament passed a motion to bring the matter of West Papua to the UN this year.

All the public reports leading up to the forum, and the private assurances to the lobbying being done by the Vanuatu Free West Papua Association even up to the Prime Minister, gave every indication that West Papua  would be high on the agenda, and even that the representative West Papua delegates would at least be given observer status.

In his opening speech, incoming forum chairman Vanuatu Prime Minister Edward Nipake Natapei, said: ‘‘We need to be talking much more about how we can bring hope to the Pacific citizens who are struggling to find employment; who are without political freedom . . .’’

What happened? Nothing. Silence. No delegate raised any matter publicly concerning West Papua. All the talk was that politically, the matter of Fiji dominated, and that this shut down any further debate about West Papua. Three questions arise from this: Is this the real reason why West Papua was not promoted? If not what was the reason? Does this failure mean that Vanuatu’s sponsorship is now a lost cause for the West Papuan independence movement?

The real reason West Papua became the elephant in the room at the forum is that Natapei is obviously under great pressure from foreign powers — especially Australia, Papua New Guinea and Indonesia. Australia continues to advocate the territorial integrity of the Indonesian republic and the necessity of Special Autonomy working for West Papua. Australia is also the major development donor for the country, and that must come with some loyalty tag.

PNG, together with Solomon Islands, supports Fiji, contrary to Vanuatu who is taking the Australian/New Zealand stance. Indonesia, for its part, is increasingly muscling into the Pacific – it just supplied Vanuatu with new uniforms for its police force, and increased its presence from the usual six to 48 members at the most recent forum. These came in two waves, on August 1 and August 5, the last delegation including a West Papuan, Dr Felix Wainggai, an adviser to Indonesian President Susilo Bambang  Yudhoyono on development on East Indonesia.

This probably proved too much fire-power for the Vanuatu PM, who afterwards on radio claimed that his silence on West Papua was due to procedural matters to do with the Melanesian Spearhead Group.

Another angle on Vanuatu’s silence may have to do with the internal or external manifestations of the West Papuan independence groups themselves. A delegate to the PIF told Jacob Rumbiak, foreign affairs spokesman for the West Papuan National Authority (WPNA) and myself that the perception from inside the Vanuatu Foreign Office is that the West Papuan independence movement is still divided.

The reality on the ground, however, is that there is a growing consensus from among the majority of activist groups, and more importantly between the Presidium and the WPNA — the transitional government increasingly recognised across West Papua as a credible political next-step to the current frameworks within West Papua.

The ire has been raised, however, of the pro-West Papua council of chiefs and various members of the coalition. They see this as a cave-in and Natapei and his government may not last.

All may not be lost then regarding Vanuatu’s advocacy role for its Melanesian fellow countrymen in West Papua. PIF 2010 may prove a Pyrhhic victory for the countries leaning on Vanuatu. The groundswell of opposition is rising within Vanuatu.  This will either galvanise the Natapei government or replace it with a coalition really dedicated to proceed on the West Papuan issue. Vanuatu’s reluctant neighbours could indeed end up with a little mouse that is roaring in the Pacific.

Peter Woods spent five years in West Papua from 1978 to 1983.

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