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

Amnesty International

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Pulling together: Solidarity Work and western aid to the Indonesian police and military

Paper by Maire Leadbeater given at the Dynamics of Civil Engagement Conference 27 February, 2012 Southern Cross University, Queensland.
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“Dynamics of Civil Engagement Conference: Southern Cross University” Southern Cross Univeristy: 27 February, 2012
Pulling together: Solidarity Work and western aid to the Indonesian police and military.
Not long ago video of a talk given by  American investigative journalist, Alan Nairn had me transfixed in front of my computer screen.  Alan was one of the journalists who was present at the time of the Santa Cruz massacre in Dili, East Timor in 1991. The Indonesian military beat Alan severely on that day, which seems to have left him with an undying commitment to expose the crimes of the Indonesian Special Services (Kopassus) and to ferret out crucial information about American support for the Indonesian military.
I think it is worthwhile to summarise some of Alan’s analysis about East Timor’s liberation, the fall of Suharto and the power of the United States in world affairs. He sees the Santa Cruz events as pivotal.  First to remind you of what was happening in East Timor just over 20 years ago:   the Timorese resistance was trying to come to terms with a bitter let-down –they had been anticipating a parliamentary delegation from Portugal, and were gearing up to use this chance to tell their story and ask for international support.  But the delegation was cancelled.  Then on 28 October a young student Sebastiao Gomes was killed by armed militia after he sought shelter in the Motael Church.
Two weeks later on 12 November 1991 following  Sebastiao’s memorial mass,  a funeral  procession proceeded to the cemetery.  As their  numbers swelled, the emboldened participants began to unfurl pro-independence banners, and to shout ‘Viva Timor-Leste’.  They knew that what they were doing was incredibly dangerous but they proceeded anyway under the eyes of the military, and because they chose to keep going, Nairn says, history was changed.
When they reached the cemetery the military simply blocked their escape route, raised their rifles and opened live fire on the demonstrators. Soldiers chased down those who tried to escape and shot them in the back. A list of 271 victims was compiled but the full number of the dead is almost certainly higher as many ‘disappeared’.
What made this event different to all the other massacres that took place was that on this occasion the word got out and the world did take notice. New Zealand lost one of its own – a wonderful young man called Kamal Bamadhaj, an Indonesian speaker who was there  to help his fellow activists  as they met with members of the clandestine resistance.
The Santa Cruz massacre and the death of Kamal jolted the New Zealand solidarity movement and it exposed the moral bankruptcy of the New Zealand Government’s East Timor policy – in a nutshell Government sought to appear outraged at the loss of its citizen while at the same time pursuing careful diplomacy aimed at preserving good relations with Indonesia.
In the United States, as  Alan Nairn related ,  the massacre was the catalyst for the formation of the highly effective US  East Timor Action Network (ETAN)  which is still going like a ball of fire today alongside the more recent West Papua Advocacy Team (WPAT).
ETAN set about lobbying the US Congress about US military funding and within a year they had succeeded in bringing to an end the military aid under the International Military Education and Training programme (IMET).  It took a few years longer before the solidarity network was able to expose other defence funding under JCET Joint Combined Exchange and Training, but this training was also suspended in 1998, not long before Suharto’s fall from power.
In 1998 the students led mass demonstrations calling on Suharto to step down. The military did not gun them down. Why was this? Nairn is convinced based on his interviews with such figures as Admiral Sudono, Suharto’s  Security Minister,  that the Indonesian soldiers did not open fire on the students on the streets of Jakarta because they feared ‘another Dili’ . Jakarta had established that the US had a limit on its tolerance for violence. Of course it was forced to learn the lesson again a year later when its military laid siege to East Timor after it had voted for independence.
Obviously the solidarity movement can only claim a small part of the credit for East Timor’s liberation.  The political and economic upheaval in Indonesia, the growing sympathy of democratic-minded Indonesians and of course the steadfastness of the Timorese resistance must all be factored in. But if solidarity activists had not exposed western hypocrisy in training and supplying the Indonesian military with weapons,  there might have been a different outcome.
Interviewed in September 1999 at the height of the crisis in East Timor, Noam Chomsky said: ‘The US government will do something positive- more accurately it will stop doing something horribly negative – with regard to East Timor only  if public pressure makes it essential to do so by raising the social costs of continuing to abet the massacre.”
 Globally there were massive demonstrations, tens of thousands demonstrated across Australia,  human chains encircled the embassies of the UN Security Council members.   In Portugal people wore mourning white, and hundreds of Timorese and Portuguese traveled to Spain to demonstrate at the nearest Indonesian Embassy.  On 9 September traffic stopped in Lisbon, as thousands got out of their cars to stand in the road to observe a nationwide 3 minute silence.
Then President Clinton delivered his eleventh hour  ultimatum to Indonesia: end the violence or invite the international community ‘to help’.
Nairn also pointed out for an American audience,  that in the United States in the twenty-first century demonstrators do not get shot.  The United States uses its guns, drones and troops against  other countries to preserve its interests but at home a civil liberties framework usually  prevails. Demonstrators may face  tear gas or even arrest but they won’t be killed. The deaths happen elsewhere at the business end of the guns supplied by the United States.
In this part of the world I believe we also have power.  If we want to understand how important our region and our governments are to the United States, the official cables released by Wikileaks are very helpful.  We know that the ANZUS Treaty is defunct, and New Zealand will not be reversing its no nuclear warships ban, but that hasn’t really stopped ongoing defence and military cooperation between our three nations.
Instead of ANZUS meetings Australia and the US now hold AUSMIN meetings.  When Kevin Rudd hosted that meeting last year he said it marked the 60th anniversary of the ANZUS Treaty and described the meeting as ‘the premier forum for advancing Australia-US cooperation in the Asia-Pacific region and globally.’.
From  the  Wikileaks cables  you can trace New Zealand’s secretive restoration of defence and intelligence ties  over 2008 and 2009 and also how US officials upped the pressure as they prepared for  an AUSMIN meeting.
So we are definitely part of the same club, even if New Zealand’s actual military and intelligence contribution to the US led may seem small in comparison with Australia.  We are part of the Five Eyes or UKUSA  intelligence community and we  have our own satellite  spy base at Waihopai, an integral part of the global intelligence network feeding intelligence to the US National Security Agency (NSA).
Indonesia has had an important place in US strategic plans since Suharto took power in 1965. From that time Indonesia opened up its economy to western investment. US spokespeople talk about the importance of the constructive partnership with the country which has the world’s largest  Muslim population, holding it up as an example of moderate Islam and a supporter in  combating terrorism and extremism.  Indonesia a leading member of the ASEAN group of pro-western nations, and key to US plans to extend its presence in the Asia-Pacific. Now that the cold war is over ASEAN is no longer a bulwark against communist expansion, but it is still held up a political, economic and security counterbalance to the influence of China
It is of course also true that Indonesia offers New Zealand and Australia  important trade and investment opportunities.  Indonesia ranks as New Zealand’s eighth largest export market, mainly for our meat and dairy products. We have  signed an agreement with Indonesia called  a Trade and Investment Framework and we import products such as crude oil and timber from Indonesia  The balance of trade is in our favour.  New Zealand’s Super Fund and some other Crown Financial Institutes invest in Freeport McMoran and in Rio Tinto, Freeport’s joint venture partner.
It isn’t easy to persuade our Governments to put at risk these kinds of perceived or real advantages, but as Alan Nairn pointed out it can be done.  The fact that we are closely allied with the United States imposes constraints on our Governments, but they don’t always dance to America’s tune. The most obvious and important New Zealand example being our 1985 refusal to accept port visits from nuclear capable warships.
If  Australia or New Zealand did take a stand – whether supporting a referendum,  a mediated dialogue process or  suspending their defence ties,  it would have a significant impact.
When I read letters from the New Zealand or Australian Foreign Minister it is clear that they are following a similar script.  These are the phrases that appear in the letters received by our respective solidarity groups:
 ‘The Australian Government has long supported Indonesia’s territorial integrity, including its sovereignty over the Papua provinces.’  ‘The New Zealand Government is committed to the peaceful development of Papua as part of Indonesia, where the human rights of all citizens are respected and upheld.’ And there is usually a reference to support for ‘the full implementation of the 2001 Special Autonomy Law’.
New Zealand ‘upholds human rights’ by ‘quiet diplomacy’ and ‘constructive engagement’ through aid.  In bilateral meetings behind closed doors New Zealand Ministers raise human rights concerns with their Indonesian counterparts. These exchanges can be pointed, but frequently they are amount to little more than ritual expressions that require minimal response from the Indonesian side.  At its worst this ‘quiet diplomacy’ is a blatant exercise in collusion
This hasn’t gone unnoticed in West Papua.
 Forkorus Yaboisembut, was appointed President of the ‘Republic of West Papua’ at the October 19 Congress and now he and four colleagues are on trial for makar or treason.  He is scathing of this  refusal of the countries like Australia and New Zealand to confront the issue of self-determination, suggesting that a focus on human rights alone is  to define the Papuan people as ‘merely the colonial possession of a foreign power’.
The Indonesian authorities impose tight restrictions on media visits to West Papua, but a new kind of citizen journalism is now asserting itself.and the  real state of affairs is becoming better known. ‘You tube’ videos circulate after atrocities to tell the story as no words can.  Shocking videos circulated after  the events on October 19 when the Jayapura Congress was forcibly dispersed by the security forces. A visiting West Papuan leader showed footage to some of our parliamentarians recently – I thought they would be appalled by the sight of heavily armed police opening fire from aloft their armoured vehicles, but they were also shaken at the sight of civilians being rounded up and forced into crouching postures as they were herded into the middle of the soccer field.
  Those events were closely followed by an 8000 strong strike at the Freeport McMoran mine, during which two of the striking workers were killed by the security forces.  The news of the strike spread round the world through union and occupy movement circles.  In New Zealand a popular glossy magazine, Metro, devoted a long features article to the story of the mine, the strike and New Zealand’s investment in it.   In August last year  Australian academics and media exposed leaked Kopassus documents  detailing  the network of spies and informers that support Indonesia’s iron control.
Gradually Indonesia’s  giant agribusiness proposal for the Merauke district is also becoming known.  The Indonesian President has grand ambitions for the up to 1.6 million hectares project which he hopes will feed Indonesia, and then feed the world. The proposed crops such as corn sugar, rice and palm oil will destroy the fragile ecology, displace the local people and bring vast numbers of new migrant. Indigenous West Papuans are already believed to be a minority in their own land, so it is hardly surprising if a sense of now or never desperation is driving this latest wave of activism.
Are we managing to lever any change?
It is hard to believe that the officials in the Foreign Affairs and Defence Ministries of Australia and New Zealand have not given some thought to the possibility that a West Papua is at boiling point and that their  uncritical support for Indonesia may blow up in their faces.  After all they were caught wrong-footed by the firestorm in East Timor in 1999.
I have witnessed a few tiny cracks in the last year:
When the Pacific Island Forum  met in Auckland New Zealand activists were joined by West Papuan leaders and supportive MPs from the Mana and Green Parties. We ensured that the West Papua issue was under the noses of the Forum Heads of Government. The  UN Secretary-General Ban Ki Moon was a guest at the Forum and addressed a public meeting during his time in Auckland. Subsequently a journalist questioned him about our very visible West Papua lobby.  He came dangerously close to talking about self-determination:  ‘whether you are an independent state or a non-self-governing territory or whatever, the human rights is inalienable and a fundamental principle of the United Nations’.  He subsequently clarified that he did not state that West Papua should be placed on the agenda of the Decolonisation Committee,  any such call would not be his to make as that was a matter for  Member States.
The New Zealand Foreign Minister,  Murray McCully is being forced to confront the West Papua issue more often.   In August 2010 a very graphic video depiction of the torture of two Papuan farmers was circulating just as Mr McCully was scheduled to meet in Jakarta with his counterpart Marty Natalegawa, so questions were asked. At the time of the Forum, Mr McCully did not make time to meet West Papuan representatives personally but he did instruct his officials to meet with John Ondawame and Rex Rumakiek, and I understand a similar meeting with West Papuan representatives also took place in New York.
I am hoping that this might be an echo of the small shift to acceptance of dialogue or constructive communication on the part of the Indonesian President, Susilo Bambang Yudhoyono.  The President’s meetings with outspoken Church leaders in recent months seems a potentially  hopeful sign, and will have been noted by western governments.
Over the past twelve years that IHRC has been working on West Papua we have tried hard to find the points of leverage that might prompt our Government take effective West Papua action.  Obviously we have not made any amazing breakthroughs, and disappointingly there have steps backward such as the Government’s restoration of military training ties in early 2007.  But I think there is some evidence at the very least that officials and politicians are worried., and perhaps we can again draw some lessons from  our history of activism on East Timor.
When I probed back through declassified government documents relating to East Timor I found that the officials had been weighing up what we activists were doing and saying.  I was surprised to find that we had had more influence than we knew at the time.
To give one example, in March 1995 a military training visit of five Indonesian officers was postponed as the NZ Defence Attache explained:
‘The reason for the postponement is due to increasing interest among the New Zealand public over recent matters in East Timor.  In addition to general public interest in all regional and international affairs there is in New Zealand a small but sophisticated and well co-ordinated lobby, sympathetic to the claims of East Timorese exiles, who seek any opportunity to generate anti-Indonesian feeling.  It was therefore thought unwise to risk exposing the visitors to the possibility of becoming the focus of media campaigns, demonstrations, petitions etc. at this time.’
Deputy Secretary of Foreign Affairs Neil Walter held a damage control meeting with the Indonesian Ambassador and wrote:
On military contacts/exchanges/exercises, I said this was a matter on which both sides needed to work closely together…It wouldn’t do the relationship any good to present the anti-Indonesian school of thought with large tailor-made pegs on which to hang further protests. Careful management was needed.
So I want to focus finally on New Zealand’s direct relationship with the Indonesian security forces.:  the training support we offer to the Indonesian military and a Pilot  training programme to the police in West Papua.
New Zealand’s  military training for Indonesia largely consists of bilateral officer exchanges:  each year an Indonesian officer attends the NZDF Command and Staff College to participate in the Senior Staff Course while New Zealand Defence Force officers  attend courses in Indonesia.   Recently there has been mention of  New Zealand increasing its  defence ties with Indonesia by extending  the training currently offered to Indonesian officers and hosting higher level visits of Indonesian personnel. Our Government defends this programme on the grounds that engagement with the Indonesian military will promote positive reform, but there is no evidence to support this claim.  On the other hand the record shows that New Zealand officials and  the New Zealand Minister of Defence at the time (Phil Goff) took the initiative to get the defence relationship resumed, because they considered that this would be in New Zealand’s interests.
A New Zealand Defence Attache commented before defence ties were reestablished: ‘at the moment the New Zealand Indonesia  relationship resembled a ‘three-legged stool’  with one leg (ie the defence aspect) missing.  In spite of the many reforms that had taken place in recent years, the TNI was still a major force in Indonesian life; without engagement with TNI we could not hope to build a full relationship.’
As far as I know the New Zealand’s  police training does not involve improving the lethal  or the punitive skills of the officers involved.  In fact the community policing model is all about conflict avoidance and working with communities, a positive model of police work.   The problem with this training is that we are talking about engaging with the forces of repression. While I believe many of those involved in providing the training sincerely hope their efforts will benefit the West Papuan people and Indonesian civilians, there is limited objective evidence to support this outcome. The risk is always that the New Zealand aid will be co-opted to support  Indonesia’s anti-self-determination agenda.  After studying the documentation, including reports released under the Official Information Act I believe that this is happening..
The West Papua project: ‘Community Policing: Conflict Resolution in Papua and West Papua provinces’ had ambitious aims: ‘ The project’s purpose was described as enhancing adherence to human rights standards by the INP in the two Papua provinces. ‘ The primary objective  of the Project was to contribute to changing the military mind-set of the INP.  Anticipated outcomes of the Project were described as ( i) improving human rights (ii) improving security; and (iii) reducing poverty.’
The project began following a request from the Police Area  Commander General Tommy Yacobus,  in Jayapura in 2006,  . Early in 2007 thirty two West Papuan police (only 10 of them indigenous Papuans) attended a workshop in Jayapura at which participants were told how New Zealand police try to build community relations and anticipate and prevent conflict.
The Ministry memos reveal  that Jayapura Police Chief had instructions from the National Police Chief to ‘get back the confidence of the community’  following the March 2006 riots.   The Police Chief, told the Second Secretary that he wanted to increase the percentage of indigenous Papuans within POLDA Papua which was currently at 4%.,
In late 2010, New Zealand Embassy officials were advised (the name of the Indonesian official they met has been blacked out) that some 1500 Papuan police were recruited in  2009.   This would help, the New Zealanders were told, ‘in increasing the effectiveness of policing because of the importance of good information and an understanding of adapt (customary) law and traditions.  Police also had a network of informants in every village which allowed for reports of trouble to flow through to Wamena, despite the isolation of many communities, poor roads and absence of communications infrastructure in many areas.’
It is not surprising that West Papuans don’t always welcome the recruitment of indigenous police officers.  I am told that the Police have a rigorous interrogation process for potential recruits which ensures that anyone joining up must deny or hide any connection however remote to those who support independence.
The records show, that  the Community Policing Initiative had an impact on the Wellington-Jakarta relationship.  By September 2008 when New Zealand Embassy representatives visited West Papua they found that Community Policing Initiative had ‘emerged as the centerpiece of New Zealand’s engagement in Papua and West Papua.’
: “In the past Embassy visits to the two provinces have been confined to information gathering.  This time it was very different – we had something concrete to offer. That was reflected in the warm reception accorded to us. The NZAID-funded, NZ Police Community Policing (CP) project is now the centerpiece of New Zealand’s constructive engagement approach with Indonesia on the Papua issue.  It demonstrates New Zealand is serious in its desire to make a real difference on the ground in the two provinces.”
In fact the Indonesian officials were so pleased with the New Zealanders that an  article about the visit appeared in the Papua Pos  headed Selandia Baru Menentang OPM or New Zealand opposes OPM.   New Zealand officials reassured their hosts  that they did not support separatism, but the write up took things a step further. The diplomats wryly recorded later that the article misrepresented the discussions, and their ‘alleged commendation of TNI’.
In 2010 the New Zealand Police commissioned an independent review of its Community Policing programme.  When I combed through the lengthy report, I had a growing sense of unease.  The first criteria evaluated was ‘strategic relevance’  and the project matched up well, since ‘it is supporting the decentralization efforts  of central government through autonomy laws (Otsus).’
‘The Project has strengthened the relationship between the Indonesian and New Zealand police:  NZ Police is the only foreign agency that has been permitted to deliver CP training in Papua and West Papua provinces, and NZ Police is the only foreign agency permitted to use serving NZ Police Officers for Project activities in these provinces.’   But who benefits from this close relationship?
The evaluation team  struggled with assessing the effectiveness of the project, partly for reasons to do with the lack of before and after data.  But they cite a few ‘solid examples’:
“an INP officer said he had employed the skills and approach taught by NZ Police during the training to resolve political unrest in his area, where Papuan nationalists were planning to raise the morning star (the applicable sentence for doing so is 25 years imprisonment).  The fact that the training provided a practical tool to assist the INP officer to successfully resolve this issue is a highly effective result for the Project.’
There is nothing to suggest that the NZ Police discussed the right to free expression,  let alone any suggestion that they even considered that ‘nationalists’ might have a legitimate claim to genuine self-determination.
The report also looked at risk management and addressed the possibility of personal security risk for the NZ trainers ‘given political stirrings on the ground in Indonesian Papua’ and the ‘risk that NGOs might criticise the Project if training were followed by  INP-perpetrated human rights abuses.’    The report says that these risks did not materialise.
This is a bit disappointing since the Indonesia  Human Rights Committee has been raising concerns about the police training project since 2008.  Our statements have become stronger as we have learnt more about the project.  We tie our criticism to human rights reports and other evidence of ongoing police brutality in West Papua, but we concede that we don’t have any evidence that an officer who has participated in New Zealand training has been implicated in a documented instance of abuse.
 More recently, Green MP Catherine Delahunty has also voiced her concerns: ‘the road to hell can be paved with good intentions. These policemen appeared to have no context for operating in West Päpua, their focus was on crimes like robbery and alcohol and they made no comment on the lack of democratic freedoms or the need for the West Papuan police to stop colluding with the military in the human rights abuses’
When I visited West Papua in late 2010 I made a point of talking about the police programme,  and especially among younger activists, the response to the training was decidedly negative.   New Zealand Embassy representatives were in West Papua around the same time, and they also met with civil society representatives,  as well as the Governor of Papua, politicians and  UN officials. They highlighted the ‘community policing project as a flagship in the province.’  It seems the diplomats did hear some negative feedback about the actions of the police in West Papua and New Zealand engagement, but they rated the overall response to the project as positive.
 At the moment, despite the earlier hype, and talk of a second phase,  the Community Policing Project has been on pause for two years. From my point of view this is good news. I am just hoping it is because of concerns about violence in West Papua and not because the New Zealand aid budget is being pared down.
I should emphasise that I support  New Zealand  expenditure on humanitarian aid in West Papua, in fact one of my objections to the military and police training is that it probably edges out constructive programmes.  New Zealand offers post-graduate scholarships to up to 50 Indonesian applicants each year.  The scheme prioritises students from Eastern Indonesia including West Papua.  But a response to a parliamentary question reveals that only  two indigenous Papuans were granted post-graduate scholarships in the 2007-2010 period.
I want to emulate Alan Nairn by finishing on a positive note. I believe he is right, solidarity actions can be effective even if we don’t know in advance which actions will be effective.  There is a strong case for solidarity work focused on ending military ties and I believe we should widen that to include the police training programmes.
At the elite level Australia, New Zealand, the United States, Britain  and Indonesia  are tied together in a range of intelligence and defence networks.  I believe we could all increase our efficiency and our effectiveness if we did more to work on joint campaigns, and if we shared more research information with each other
Over the years many Papuan leaders have raised the possibility that New Zealand could help to facilitate a peace dialogue for West Papua – drawing on the successful process mediated by New Zealand which helped to resolve the crisis in Bougainville.   We weren’t really a neutral party with respect to that conflict either,  but we were able to be effective and that also gives me some hope.
Leadbeater, M. (2006). Negligent neighbour : New Zealand’s complicity in the invasion and occupation of Timor-Leste. Nelson, N.Z., Craig Potton Publishing.

West Papua Report March 2012

West Papua flag


This is the 95th 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://www.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: A proposed U.S. sale of assault helicopters to the Indonesian military (TNI) would augment the military’s capacity to conduct “sweeping operations” against Papuans, especially against villagers who have for years suffered indiscriminate military attacks. The West Papua Advocacy Team (WPAT), in comment, calls on the U.S. Congress to block this sale. Indonesian authorities continue to block efforts of respected international non-governmental organizations to work in West Papua. The international media freedom advocacy organization, Reporters without Borders, is calling on the Indonesian government to end its repression of journalist activity in West Papua. WPAT notes that impeding NGO activities in West Papua and restricting media are part of a deliberate government policy aimed at obscuring Jakarta’s repression in the region. The policy, developed by the Suharto dictatorship, continues. Papuans, demonstrating peacefully, rejected Jakarta’s latest plan to salvage its “special autonomy” policy and demanded a referendum. Jakarta’s trial of Papuan leader Forkorus Yaboisembut and others for organizing the Papuan Third National Congress (October 16-19, 2011) is off to a rocky start as prosecution witnesses prove ineffective in documenting the government’s case. The World Council of Churches has issued a “wake up call” to the international community regarding growing tension and rights abuse in West Papua. International Parliamentarians for West Papua launched its Australian-Pacific branch.

Contents

* Sale of U.S. Military Helicopters to Indonesian Military Endangers on Papuan Civilians
* Indonesian Authorities Stiff Arms NGO Efforts to Work in West Papua
* International Media Freedom Group Raises Alarm About Repression of Journalists in West Papua
* Papuans Reject Central Government Unit Established to Salvage Special Autonomy
* Jakarta Case Against Papuans Peacefully Calling for Papuans Right to Self Determination Encounters Problems
* World Council of Churches Issues “Wake Up Call” to The International Community
* Australian-Pacific Branch of International Parliamentarians for West Papua

As this report was being prepared pressure on the legal team defending the Papuans involved in the Papuan Third National Congress has increased. A particular target is lawyer Gustav Kawer. TAPOL has issued the following plea which WPAT strongly endorses:

On Wednesday, March 5, call +62 967 532640 and ask to speak to the Head of the Prosecutor’s Office Imanuel Zebua, or his representative. There should be somebody there who speaks English, but if not it shouldn’t be a big problem – as long as the name and the concern come across that should have some impact.



Sale of U.S. Military Helicopters to Indonesian Military Endangers Papuan Civilians

Indonesia’s Deputy Minister of Defense Sjafrie Sjamsoeddin told Antara that Indonesia intends to buy eight AH-64 Apache helicopters from the United States. The sale of the AH-64 helicopters to the Indonesian military (TNI) poses a direct threat to Papuan civilians who have been the target of TNI assaults for many years. TNI “sweep operations,” including one currently underway in the Central Highlands region, include attacks on villages and the destruction of homes, churches and public buildings. These TNI assaults, purportedly aimed at eliminating the poorly armed Papuan resistance, force innocent villagers from their homes. The Papuans either flee to neighboring villages or into the surrounding forests where many die cut off from access to their gardens, shelter and medical care.

The AH-64 is designed for air to ground attack. It comes with a night vision system and is armed with chain gun M230 30mm. It also is equipped with rocket pods.

These aircraft will substantially augment the TNI’s capacity to prosecute its sweep operations in West Papua and will almost certainly lead to much higher cost to the civilian populations long victimized by such operations. The U.S. Congress must be notified of major weapons sales and can object to them.

WPAT Comment: Provision of these helicopters to the Indonesian military would significantly expand its capacity to extend its notorious sweep operations into remote areas that are now effectively beyond the reach of TNI ground forces. A U.S. decision to dramatically enhance the range and effectiveness of TNI sweeps would cast the United States in the role of an enabler and collaborator in military operations targeting civilians. The U.S. Congress can and should block the sale of this weapons system to the Indonesian military.)

Indonesian Authorities Stiff Arms NGO Efforts to Work in West Papua

Employing bureaucratic subterfuge, including manipulation of visa requirements and refusal to issue travel permits, the Indonesian central government has prevented respected international non-governmental organizations from monitoring human rights developments in West Papua, providing protection for Papuan human rights workers and even from affording humanitarian services. In 2009, Jakarta forced the International Committee of the Red Cross to close its offices in West Papua.

In late 2010, Peace Brigades International (PBI), an organization devoted to protecting human rights advocates around the world, ended its activities in West Papua following years of dealing with visa obstacles thrown in its path by Jakarta. PBI’s good faith effort to negotiate an arrangement whereby it would staff an office in West Papua with Indonesian personnel failed.

The Dutch humanitarian organization Cordaid was also forced to end its activities in West Papua. A July 2010 directive from the Indonesian government ended the agency’s decades old work in the area of social development and economic empowerment for the poor. Indonesian authorities refused permission for Australia’s Caritas to place its personnel in West Papua. A recent Oxfam project in West Papua, intended to empower women, has operated under constraints imposed by Jakarta including refusal to allow non-Indonesian consultants of the organization associated with the project to travel to West Papua.

International Media Freedom Group Raises Alarm About Repression of Journalists in West Papua

Reporters Without Borders (RSF) on February 10 called on the Indonesian government to ensure press freedom after a series of media freedom violations in West Papua.

Darma Sahlan, a journalist working for the weekly Monitor Medan, was found dead in a ditch in the village of Lawe Dua in Aceh province on February 5. RSF urged “the authorities to do everything possible to shed light on his death, and to not rule out the possibility that he was murdered in connection with his work.” The victim’s wife told local media (Serambi Indonesia) that her husband had had a heated phone conversation about one of his stories with someone a month before. An autopsy showed he had sustained a blow to the head from a blunt object and injuries to the face. Skid marks were also found near the body.

“They must also do what is necessary to guarantee the safety of journalists and freedom of information. We are very worried by the problems for journalists throughout the country and in West Papua in particular,” RSF said.

The group also also criticized the February 8 arrest in West Papua of Czech journalist Petr Zamecnik for taking photos of a pro-independence demonstration in Manokwari town in Papua region. The Czech reporter was subsequently deported. The demonstration protested the trail of prominent Papuans for their role in the peaceful convening of the “Third Papuan National Congress, October 16-19” (see report on the trial below). Photos of that demonstration from a separate source (see http://etan.org/issues/wpapua/2012/1203wpap.htm#photo ) reveal a peaceful, colorful demonstration. Indonesia imposes strict visa regulations on foreign visitors to Papua and tight restrictions on foreign journalists looking to report from the region. In 2010, two French journalists were deported from Papua for filming a peaceful demonstration outside government-approved areas.

Reporters Without Borders ranks Indonesia 146th out of 179 countries in its latest Press Freedom Index.

WPAT Comment: Pressure on international NGO’s attempting to work in West Papua (see above), in conjunction with the pressure on international journalists, are key to Jakarta’s continuing strategy, developed under the Suharto dictatorship, to prevent the world from witnessing its repressive policies in West Papua.

Papuans Reject Central Government Unit Established to Salvage Special Autonomy

Papuans demonstrated in opposition to the creation of a special unit intended to implement Jakarta’s failed “Special Autonomy” policy. Papuans have widely rejected the policy after a decade of failed implementation. The special unit, the Papua and West Papua Development Acceleration Unit (UP4B), was the target of Papuan students demonstrations. UP4B has the backing of President Yudhoyono. (For discussion of this Unit, its purpose and leadership, see the West Papua Report for November 2011.)

Demonstrations were organized by Papuan students studying in Makassar, South Sulawesi, and in Jayapura (Port Nambay), the capital of Papua province. The students in Makassar, according to a Jakarta Post story contended that the new unit would not solve problems, but only create new ones, in part by providing opportunities for corruption as has the “Special Autonomy” policy itself. The February 20 Makassar demonstration was organized by the Student Solidarity Forum for Papuan People. The students reportedly called for a tri-partite dialogue to address problems in Papua to involving the central government, the Papuan people and Amnesty International.

Meanwhile, thousands of Papuans in Jayapura on February 21 also called for the disbanding of the UP4B unit in a demonstration before the Papua Peoples Assembly (MRP) building. The demonstrators in Jayapura, like the Papuans in Makassar the day before also rejected “Special Autonomy” but added a call for a referendum on West Papua’s political future.

Jakarta Case Against Papuans Peacefully Calling for Papuans Right to Self Determination Encounters Problems

The trial of Forkorus Yaboisembut and four others who organized the October 16-19, 2011 Third Papuan National Congress is increasingly lurching toward a juridical farce. The public prosecutor announced that he would pose criminal charges against Gustaf Kawar, one of the defendants’ principal lawyers.

The prosecutor appears to be reacting to an incident on February 24 in which Kawar rebuffed the prosecutor’s attempts to interfere with the defense team’s cross examination of police witnesses. The defense team confronted the police witnesses with various facts, including that the meeting had proceeded peacefully and that police had severely mistreated Papuans who had attended the Congress.

Earlier in the trail, the police whom the prosecution produced as witnesses proved to be less than effective. Six of these witnesses were unable to answer questions from the chief persecutor regarding the declaration regarding Papuan independence that was allegedly read out at the end of the conference nor could they say whether the five defendants had been involved in a criminal conspiracy to set up the Federal Republic of West Papua.

One of the witnesses who had been summoned was a member of the Papuan People’s Assembly (MRP). Due to his membership in that body he was disallowed as a prosecution witness. The defense team successfully argued that inasmuch as the MRP is a cultural, and since the trial was related to the political aspirations of the Papuan people, that MRP member’s appearance might cause a conflict between the MRP and the Papuan people.

According to a lengthy report of the hearing in Bintang Papua, the police witnesses appeared not to know the defendants and were unaware of the declaration by Forkorus calling for the re-establishment of the Federal Republic of West Papua. According to Bintang Papua, the first witness, member of the Jayapura City police force, admitted that he did not know the identity of one of the accused, Agustinus Sananay Kraar.

World Council of Churches Issues “Wake Up Call” to the International Community

The World Council of Churches (WCC) Executive Committee recently issued a statement expressing concern over the escalation of violence in Tanah Papua (West Papua). The organization urged the Indonesian authorities to stop the killings of civilians at the hands of armed forces and protect the rights of Papuan people.

The statement highlights that the “tragic escalation in tension once again poses a wake-up call to Indonesia and the international community.” It insists that the “grievances of the Papuan people must be addressed without further delay.”

The report described how Papuans has suffered economic deprivation since the times of the Suharto dictatorship which developed a policy of “transmigration” whereby non-Papuans were transferred from other islands into West Papua,rendering Papuans a minority in their own land.

“Over the past several years the Papuan people have been demanding freedom of expression and the right to self determination, but the demands for their legitimate rights have been continuously suppressed by the Indonesian authorities,” reads the statement.

The statement called the churches to “provide long term accompaniment and also to be engaged in advocacy on peace and security for all Papuans in their struggle for the right to life and right to dignity.”

The statement was released during a WCC Executive Committee meeting in Bossey, Switzerland, which took place from 14 to 17 February.

Australian-Pacific Branch of International Parliamentarians for West Papua

The Australian Green Party, February 28, hosted the launch of the Australia-Pacific chapter of the International Parliamentarians for West Papua (IPWP). The event took place in the Parliament House in Canberra and was attended by some members of the ruling Australia Labor Party. Their participation drew criticism of the Labor Party leadership. Acting Foreign Minister Craig Emerson had urged Labor parliamentarians not to attend. One Labor member of Parliament, Laurie Ferguson, who defied Emerson’s advice by attending the launch, called Emerson’s urgings as “unprecedented, ridiculous and ill-informed.”

He called the launch “overdue,” adding “We’re talking about a country where people get 15 years in jail for raising a flag, where on all common analyses of Indonesian society it is the second worst province in regards to longevity of people’s life, child, infant mortality, income levels.” Ferguson said that there are about 60 West Papuans being held as political prisoners and described allegations of heavy militarization of the province.

The launch was welcomed in West Papua. In Biak, demonstrators carried the banned morning star flag and signs in English welcoming the launch. They called the 1969 “Act of Free Choice,” the fraudulent exercise through which Indonesia annexed West Papua, “illegal.” Demonstrators also peacefully took to the streets in Jayapura and in Timika where demonstrators flew the flags of Australia, New Zealand and Vanuatu.

In Fak Fak, at least ten Papuans were arrested on March 1 after peaceful February 28 demonstrations welcoming the formation of the IPWP chapter in Australia. The demonstrators also reportedly protested the formation of the U4PB (see above).

Back issues of West Papua Report

Full March 2012 report with graphics is here: http://etan.org/issues/wpapua/2012/1203wpap.htm

LP3BH: Military Intelligence Operations are still underway in Papua

Statement by Yan Christian Warinussy, Executive-Director of LP3BH,  Papua[Translated by TAPOL]

The appointment and deployment of Major-General Mohammad Erwin Syafitri (former deputy chief of BAIS, Indonesia’s joint strategic intelligence  agency) as commander of KODAM XVII Cenderawasih Papua is clear proof that the Land of Papua is still an area of operations of Indonesian military intelligence.

As a result, the top leadership of the military territorial command in this region has been placed under the command of a leader who has a background in intelligence or at the very least a history of involvement in Indonesia’s intelligence agency.

This is important in order to protect the collaboration between military activities or security and intelligence which acts as the front line for gathering information and deploying security forces in the area.

It is important to point out that in the opinion of human rights activists in Papua, the Land of Papua is still isolated from the international community, bearing in mind that access to the area has been made difficult for several humanitarian and human rights institutions such as the International Committee of the Red Cross and Peace Brigades International, as a result of which they have closed their offices in Papua and left Indonesia in November last year.

The same goes too with regard to the presence of international observers as well as foreign journalists. And for the past five years, it has been difficult for foreign diplomats based in Jakarta to gain access to Papua. This situation  has come about because of the powerful influence of the Indonesian army – TNI – and the Indonesian police, so as to make it more difficult for international observation of developments with regard to the rule of law and basic human rights in the Land of Papua.

As a human rights defender in the Land of Papua, I see a close connection with  the upsurge in demands being made by the Papuan people  to the Indonesian government to find a solution to a number of problems by means of a Papua-Indonesia dialogue, as an important theme which is continually being confronted by certain elements, such as the TNI and the Indonesian police, both of whom have their own vested interests in the Land of Papua.

Bearing in mind that President Susilo Bambang Yudhoyono stated on 9 November 2011 that he is ready to enter into dialogue with all forces in the Land of Papua, I have not yet seen  any response to this from TNI or from the Indonesian police, to indicate whether they agree with this or indeed whether they support the wishes of the President.

Although in this connection, the military commander and the chief of police of Papua said in their presentations to the Papuan Peace Conference on 5-7 July 2011 that they too support dialogue as the way to solve the conflict in the Land of Papua.

I believe that the Indonesian army and police must clearly reveal their attitude towards the question of dialogue.which is what the vast majority of Papuans support, along with their non-Papuan brothers here in Papua. Even the central government in Jakarta is supporting this, which is clear from the fact that President SBY  has appointed Deputy President Boediono to take the lead in efforts to prepare the way for this Papua-Indonesia dialogue.

The idea of dialogue has moreover won positive support from a number of countries around the world, including the USA, Australia, Germany, the UK and the European Union, all of whom are close allies of Indonesia and support the territorial integrity  of the Republic of Indonesia.

6 February 2012

AHRC: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-005-2012
26 January 2012
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INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity
ISSUES: Freedom of assembly; indigenous people; torture; military violence; police negligence
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Dear friends,
The Asian Human Rights Commission (AHRC) has learnt that on 2 November 2011, seven commanding officers of the Kurulu military sub-district command (danramil Kurulu), arrested and ill-treated three local activists and nine Umpagalo villagers in Kurulu, Papua. This incident occurred without any command letter of authorization, following allegations of rebel activities. The AHRC noted that in Papua, people are frequently victimised based on arbitrary allegations of rebellion, and subsequently tortured. (photo: Kurulu victim)
CASE NARRATIVE:
A Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).
After the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and allegedly examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies. (photo: wounds of beatings and stabbing)
The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.
Meanwhile, the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases of military trials, which are not open to the public, the sentences are merely a light punishment, such as a transfer, which is inadequate given the seriousness of the human rights violations committed. Therefore, the TNI jointly with the National Human Rights Commission (Komnas HAM) should send an independent investigation team to transparently resolve this case, as well as ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians. (photo: Kurulu victim)
ADDITIONAL INFORMATION:Torture is used in a widespread way by the police and military against indigenous Papuans, notably on persons suspected of supporting independence movements. Such suspicions are often leveled arbitrarily against members of the indigenous community and result in stigmatisation. This case is a clear example of this pattern.
Furthermore, according to the law on military courts, members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality.

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