Tag: Impunity

Open Letter to President of Indonesia on Papuan Political Prisoners

*c/o PO Box 21873
Brooklyn, NY 11202 USA
*etan@etan.org

August 16, 2010

Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail

Dear President Yudhoyono:

As Indonesia’s National Day on 17 August approaches, we the undersigned non-governmental organizations engaged in the defense of human rights in Indonesia are deeply concerned that dozens of Papuans are incarcerated in prisons in Papua and West Papua simply for having been involved in non-violent demonstrations or expressions of opinion.

In most cases, these prisoners have been sentenced under Criminal Code Articles 106 and 110 regarding “rebellion.” These articles are a legacy from the Dutch colonial era and are in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”

Moreover, Articles 106 and 110 are inconsistent with your country’s
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the
ICCPR (article 19) notes that these rights are subject to certain
restrictions “for the protection of national security and of public
order or public health or morals,” the 1995 Johannesburg Principles on
National Security, Freedom of Expression, and Access to Information
identify clear standards for application of national security
restrictions. These Principles provide that persons should not be
restrained for expressing their opinions. Governments should only take
action against such expression of views on the grounds of national
security if they can demonstrate that they would incite acts of imminent violence. The prosecution of the aforementioned Papuan political prisoners has offered no evidence of any such threat of imminent violence in association with their physical or verbal actions.

While we strongly believe that none of these prisoners should have been prosecuted in the first place, we are also deeply concerned about the disproportionately harsh sentences imposed on these political prisoners given their non-violent acts. One prisoner arrested in 2004 and charged under these articles is serving a 15-year sentence while others have been given sentences of three or four years. Moreover, there have been alarming reports of maltreatment of the prisoners by prison warders and the lack of essential medical facilities. In one case, a prisoner with a serious prostate disorder had to wait eight months before being allowed to travel to Jakarta for essential treatment recommended by the local doctor. Severe Beatings of prisoners and detainees are frequently and credibly reported.

We the undersigned have on a number of occasions welcomed the democratic progress in Indonesian since the fall of the Suharto dictatorship, inspired by the Indonesian people. We recognize that this progress had been achieved despite frequent threats by the as yet unreformed Indonesian security forces.

In view of the tradition to mark Indonesia’s National Day on 17 August
by announcing the release of prisoners and bearing in mind the
restriction on essential freedoms such as those contained in Articles
106 and 110 of the Criminal Code we respectfully call on you to mark
this year’s celebrations by:

* releasing all Papuan political prisoners, including those already
convicted and those waiting trial;

* securing the deletion of Articles 106 and 110 of the Criminal Code;

* ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.

We look forward to your response.

Sincerely,

Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/
Timor-Leste National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia /Action/ Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvölker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La?o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany

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West Papua is Indonesia’s Palestine.

West Papua is Indonesia’s Palestine.

Opinion
August 16, 2010

John Ondawame is right. West Papua is on the verge of a “total intifada” (Ben Bohane, ‘West Papua warns of intifada against Jakarta’, Sydney Morning Herald, August 7 2010). Intifada means to “shake off” in Arabic. It has become a word used to describe the desire by Palestinians to free themselves from foreign occupation. The question is what kind of intifada is and will take place in West Papua? Will it be like the recent Palestinian intifada, led by a resurgent Hamas? An uprising of fury waged through political terror. Or will it be like the 1987 Palestinian intifada, a largely unarmed insurrection?

West Papua is the Indonesia’s Palestine. Papuans consider that their land has been occupied without their consent. Freedom of expression is prohibited, foreign journalists banned, migrants continue to pour into the country, and the police and military keep a repressive lid on boiling Papuan anger. It is also a modern day Avatar. Papuans are defending their land form the exploitative practices of resource extractive industries. For the Papuans theirs is a struggle for survival.

However, unlike Palestine and the film Avatar, resistance to the Indonesian government’s rule has overwhelmingly been through civilian based movements. Only last month, for instance, 20,000 plus people – students, women, young people, religious leaders, NGO activists, traditional chiefs, farmers and even members of the Majelis Rakyat Papua, West Papua’s indigenous senate – all converged on the capital and occupied the provincial parliament for two days to pressure the Papuan political elite to hand back Special Autonomy, a package or policy, finance, and legislation designed to give Papuans a measure of self-rule. After ten years of broken promises and still born hopes, Papuans concluded Special Autonomy had failed. It is a news story that should have been covered by every major media outlet. But here in Australia we heard next to nothing.

Now, as Bohane writes, Papuans are feeling abandoned by their Melanesian kin. At the recent Pacific Island Forum, Vanuatu tried to raise the West Papua issue but Papua New Guinea’s political leaders blocked the discussion. Again. The Australia and New Zealand governments also failed to raise their voice for on behalf of Papuan rights. Again.

Some Papuan leaders are now talking about making the territory ungovernable through mass civilian based non-cooperation with Jakarta. How long civil resistance continues depends not only on the tactical and strategic choices made by Papuan leaders. In part it also depends on whether solidarity movements in the region, including inside Indonesia, can raise the political and economic costs so that political leaders and foreign companies feel compelled to agree to what Papuans have been demanding for years: political dialogue with Jakarta and the international community about their grievances.

Will the international community support the Papuan’s right to rise up for freedom? Or will they send the same message they sent to the Kosovo Albanians? That international intervention and the goal of independence will only come about when there is armed struggle and mass violence. Surely we can all do better than that.

Jason MacLeod

(The writer lectures in political science at the University of Queensland.)

Socrates is not afraid; DPRP should summon military command and police chief

Bintang Papua, 11 August 2010

Sokrates is not afraid

DPRP should summon military command and police chief

Jayapura: Although faced with the threat of the use of force by the police, the chairman of the Central Board of the Baptist Churches in Papua, Reverend Socrates Sofyan Yoman, is not afraid.

On the contrary, he has accused the police of lack of fairness in their law enforcement in the Land of Papua. He said that complaints about the involvement of the police and the army have been made by many other people but he is the only person to have been summoned by them.

‘I am very concerned at the unfairness of the police and their lack of professionalism,’ said Socrates in a short statement to the press..

He said that many other people have criticised the security situation in the district of Puncak Jaya but none of them have been summoned by the police. ‘In my opinion, the forces of law enforcement are acting on behalf of sponsors keen to exert pressure on me as a church leader.’

He has repeatedly said that he is ready to face any consequences and will never run away should the police use force against him.

‘If they want to come and arrest me, I am waiting for them in my office or at home. I am not going anywhere because this is my homeland,’ he said.

It is worth recalling that Yoman rejected a decision by the Constitutional Court in April this year to prohibit the delivery of several of his books to the shops, and he said quite frankly on the Kick Andi programme on Metro TV that he totally rejected this ban. The Baptist Church believes that the security forces are imprisoning justice and democracy.

He said that the Papuan Baptist Church has called on the Indonesian parliament, the DPR, to summon the military commander of West Papua and the chief of police of Papua to explain why it is that the Puncak Jaya case which has been going on since 2004 has never ended, to reveal who is behind it and who is benefiting from a case that has caused so many casualties among the people.’

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Bintang Papua, 11 August 2010

Sem Yaru not afraid of being punished

On Thursday 12 August, the court in the case against Semuel Yaru aka Sem Yar, Luther Wrai and Alex Mebri (on the wanted list) who are being tried for rebellion in conection with a peaceful demonstration and flying the Morning Star flag, is due to announce its verdict, according to a member of legal team, Gustaf Kawer.

He said that the defendant Sem Yaru has said on several occasions during the trial that he is ready to face the verdict and will comply with the court’s decision. ‘I have been confronted for years with the issue of ‘makar’ (rebellion). I am ready for whatever happens,’ he said.

Making it clear that he is not guilty, Sem Yaru said that he is not afraid of whatever happens, however harsh the sentence will be. ‘Why should I be afraid? This is a democracy and everything that I have done is in accordance with [the principles of ] democracy.’

On 16 November 2009, Sem Yaru, along with Luther Wrait and Alex Mebri mobilised the masses and produced a leaflet, as well as making other preparations for a demonstration in the forecourt of the office of the Majelis Rakyat Papua in Koraraja. On that occasion, Sem Yaru held aloft the Morning Star flag and tied it to a tree.

Thereupon he was arrested by the police and charged under Article 106 of the Criminal Code for rebellion and under Article 110 for incitement.

Komnas HAM calls on security forces to halt military operations in Puncak Jaya

Bintang Papua, 11 August 2010

Komnas HAM calls on security forces to halt military operations in Puncak Jaya

The Papuan branch of the National Human Rights Commission (Komnas HAM) has called on the police and the army to immediately end their military operations in Puncak Jaya district because they will never solve the root of the problems in the area.

The Komnas HAM statement was made public at its office in Jayapura by deputy chairman Mathius Murib on Wednesday.

He said that from 17 August 2004 up to August 2010 the inhabitants of Puncak Jaya have lived in a constant state of trauma because of reports that dozens of people as well as members of the security forces have been shot dead and murdered in Puncak Jaya. ‘As a result, the people there are traumatised and unable to carry on with their activities, with some of them leaving the area in search of tranquillity elsewhere.’

Murib said that in order to avoid further casualties, the police and the army (Polri/TNI) should immediately stop all operations to hunt people down in Puncak Jaya district and consider other ways of resolving the problems there.

‘We believe that force of arms or other forms of violence will never resolve these problems and will only lead to yet more problems and more casualties.’

He also urged the civilian population in the area to remain calm and consolidate their efforts so as to be able to function normally, and to avoid being provoked by issues coming from irresponsible elements.

Murib said that Komnas HAM will be urging the district chief of Puncak Jaya as well as civil society, in particular the church, to draft a comprehensive account of developments during the current year.

He said that the role of the church was important because church mediation has been able to solve a number of problems in the Land of Papua, and moreover those involved in the conflict were all members of the church.

The Komnas HAM team which has just returned from Puncak Jaya has also called on senior police officers in Puncak Jaya to initiate legal proceedings against all those persons or groups deemed to be involved in the Puncak Jaya case from 2004 up to 2010.

‘The Puncak Jaya case is not a new case and thereforre all individuals or groups involved in the case for the past six years should be brought to account in accordance with the laws in Indonesia,’ said Murib, who has just returned from Puncak Jaya where he conducted investigations.

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Journalist's death overshadows launch of Papua food project

TAPOL and DTE press release

Journalist’s death overshadows launch of Papua food project

11 August 2010 – The death of a local journalist has increased concerns about a giant food estate launched today in Merauke, Southeastern Papua by Indonesia’s Minister of Agriculture.

TAPOL and Down to Earth, the International Campaign for Ecological Justice in Indonesia are calling for a moratorium on the food project, known as MIFEE (Merauke Integrated Food and Energy Estate) until independent assessments of the political, economic, socio-cultural, environmental and gender impacts of the project have been undertaken.

The suspicious death of the journalist, Ardiansyah Matra’is, in late July, following threats against him, has been linked to his coverage of this week’s local elections for the district head in Merauke.

Other journalists have also been threatened in what appears to have been a concerted campaign to stifle free expression ahead of the elections. Current district head, Johannes Gluba-Gebze, has been instrumental in planning and promoting the food project.

“The potential adverse impacts of MIFEE for the local population are massive such that full transparency and accountability are required. A free media is essential to ensuring effective democratic oversight of the project,” say TAPOL and Down to Earth who are closely monitoring the project.

“President Susilo Bambang Yudhyono’s ambition to ‘feed Indonesia then feed the world’ may come at the expense of many Papuans, and could add to wider frustrations about the lack of political, social and economic autonomy in Papua,” they add.

The project is likely to contribute to the marginalisation of indigenous Papuans by taking over the customary-owned land and resources which provide their livelihoods. It is also likely to exacerbate existing human rights grievances, and accelerate environmental deforestation and degradation.

“The enhanced security presence likely to be associated with MIFEE will increase tensions and add to the vulnerability of Merauke’s inhabitants, especially as Indonesia’s notorious Kopassus special forces are active in the area”, warn TAPOL and Down to Earth.

Background and issues
MIFEE is a collection of commercial plantations, planned to cover 1.6 million hectares. The project is being promoted as a means of stabilizing Indonesia’s food security. It has received support from the Government of Indonesia, and Merauke has been designated a national ‘Special Economic Zone’ (SEZ) in order to attract the US$8.6 billion of investment needed for the project. Over 30 investors from Indonesia, Japan, China, Singapore, Korea and the Middle East have expressed an interest in MIFEE,[1] Their involvement appears to be part of a global trend to make money by buying up lands abroad for food production.

Tens of thousands more workers and economic migrants, mostly from outside Papua, are expected to settle in Merauke and the surrounding areas. The indigenous people of Merauke have already felt the impact of transmigration programmes, first implemented under Dutch colonial rule and continued under Indonesia’s Suharto regime. Population growth, changes in population demographics and the further loss of land and resources as a result of MIFFE could have a devastating and irreversible impact on the livelihoods of the local population, especially indigenous Papuans.

The huge number of newcomers may strain Merauke’s underdeveloped services and further marginalise an already minority indigenous population. The commercialisation of land and takeover of indigenous Papuans’ land will affect the livelihoods of Papuans and could prevent the transfer of knowledge, culture and language from one generation to the next.

Sustained local knowledge of tribal boundaries, land rights, land use, customary law and taboos are all dependent on having access to land and respect for traditional rights over the land. If MIFEE goes ahead, indigenous people will be faced with new boundaries and non-traditional crops such as oil palm, rice, sugar cane, corn and soyabean.

There has been strong opposition to MIFEE from local NGOs such as SKP-KAM, FokerLSM, SORPATOM and AMAN.[2] However, the death of Ardiansyah Matra’is and campaign of terror against journalists have closed down the space for criticism. These groups have emphasised on-going concerns about targeted surveillance and intimidation of NGOs and journalists. In 2009, a joint report by the Indonesian environmental NGO Telapak and the UK’s Environmental Investigation Agency (EIA) stated that ‘irregular groups allied to [Johannes Gluba] Gebze’ operate in Merauke and ‘work in unison with the state security forces to monitor and intimidate any dissenters in the region.’

The security strategy for MIFEE is unclear, as is the resulting direct and indirect impact on the local population. Merauke is located near the Indonesia-Papua New Guinea (PNG) border and is already a highly militarized area. A 2009 Human Rights Watch report details abuses committed by Kopassus, who have close ties with Gebze.

In other parts of Papua where natural resources are being exploited, state security forces are routinely employed to protect commercial assets. There has often been an expansion in these areas of the sex and alcohol industries, which are run by migrants or the police and military themselves. The potential impact on the population’s health is made clear by FokerLSM which reports that Merauke has the highest number of HIV/AIDS cases after Mimika district, where the giant mining company Freeport operates.

The scale of MIFEE raises major environmental and ecological concerns. The conversion of protected forest for agricultural use seems likely, despite both Indonesia’s Forestry Minister and the Coordinating Minister for the Economy stating otherwise.

Widespread licensed deforestation in Merauke would contradict the Government of Indonesia’s commitment to reduce green-house gas emissions by 26% by 2020. It also raises questions over a recent billion dollar REDD (Reducing Emissions from Deforestation and Forest Degradation) agreement with the Government of Norway to preserve Indonesia’s rainforests, in particular in Papua.

ENDS

Contact: Paul Barber (TAPOL) on +44 1420 80153 or +44 7747 301 739 or Carolyn Marr (DTE) on +44 16977 46266

[1] Medco Group; Artha Graha Network; PT Bangun Cipta Sarana; Comexindo International; Sumber Alam Sutra; Korindo; PT Rajawali Nusantara Indonesia; Sinar Mas; PT Kertas Nusantara; Mitsubishi (Japan); Wilmar (Singapore); LG International (Korea).
[2] Office for Justice and Peace of the Archdicese of Merauke (SKP-KAM); Papua NGOs Cooperation Forum (FokerLSM); Solidarity for Papuans (SORPATOM); The Indigenous People’s Alliance of Indonesia (AMAN)

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