Amnesty: ‘Slap on the wrist’ for police violence in Papua is accountability failure

These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, or for the use of excessive and unnecessary force against a peaceful gathering.

Sam Zarifi, Amnesty International’s Director for the Asia-Pacific
Wed, 23/11/2011

 

The fact that eight Indonesian police officers involved in a violent crackdown on a peaceful gathering that left three dead have only been given written warnings, is a failure of human rights accountability, Amnesty International said today.The warnings were given after an internal disciplinary hearing on 22 November found that the officers violated the police Disciplinary Code.On the afternoon of 19 October 2011, police and military units violently dispersed peaceful participants of the Third Papuan People’s Congress, a nationalist gathering being held in Abepura, Papua province.

The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were later found near the Congress area.

“These written warnings are a slap on the wrist.  They do not provide accountability for the deaths of three people, nor for the use of excessive and unnecessary force against a peaceful gathering,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director.

Some 300 participants were arbitrarily arrested and ill-treated at the end of the Congress. Most were released the following day but six have been charged and are currently awaiting trial.

Amnesty International has called on the authorities to act on the findings of the Indonesian National Human Rights Commission (Komnas HAM) that rights violations were committed by security forces, and to prosecute those responsible.

“Even though the Indonesian authorities have a responsibility to prosecute human rights violators, this is yet another example of how in Indonesia, human rights crimes committed by police officers never reach civilian courts, but are dealt with through inhouse disciplinary hearings,” said Sam Zarifi.

“Internal disciplinary procedures are for dealing with minor offences, not serious human rights violations.”

Amnesty International also urges the Indonesian authorities to set up an independent police complaints mechanism to deal with human rights violations by police officers.

Current bodies such as the National Police Commission or the National Human Rights Commission do not have the powers to deal effectively with complaints about police abuses, nor to provide reparations to victims.

A Komnas HAM investigation team found a range of human rights violations were allegedly committed by the Indonesian security forces on 19 October, including opening fire on the peaceful Papuan gathering and beating and kicking participants.

It was reported on 7 November that the President’s office had rejected the Komnas HAM findings, stating that the police were still handling the case.

On 22 November, an internal police disciplinary hearing in Jayapura, Papua found the former Jayapura Police Chief Iman Setiawan guilty of violating the Disciplinary Code for “his inability to co-ordinate police officers under his command”.

Seven police officers from Jayapura City were also found guilty of violating the code for not “protecting and servicing the community with the best of their ability” and “degrading the honour and dignity of the state and the police”. They were all each given a written warning.

The disciplinary hearings for the seven police officers were reportedly held behind closed doors.

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West Papua: How to lose a country

November 23, 2011

by Jason Macleod

with This Blog Harms at Crikey

When Julia Gillard meet Indonesian President Susilo Bambang Yudhuyono in Bali on the weekend West Papua barely got a mention. Although the text messages inside West Papua went into overdrive with the rumour that the reason Australia and the United States were stationing 2,500 U.S Marines in Darwin was to prepare for military intervention in West Papua.

I told my friends in West Papua it wasn’t true.

But then I got thinking. Actually Australia is doing a lot to help Indonesia loosen their grip on the troubled territory. Not by design of course. But the effect is much the same as if the Government suddenly adopted a radical pro-independence policy.

Confused? Let me explain.

Last month the Indonesian police and military fired live rounds into an unarmed crowd of civilians in West Papua, killing five. The Army and Police then tried to make out that it wasn’t them, that what had taken place was a coup by the Papuan Liberation Army; that it was the Papuans who were doing the shooting. Yudhuyono tried to sell Obama and Gillard a version of that story in Bali on the weekend. That might have washed twenty years ago but in this age of social media and smart phones it is much more difficult to hide the evidence.

Since the killing of five Papuans on October 19, the wounding of scores more and the arrest of six Papuan leaders, international media coverage of West Papua has spiked and Indonesia’s international standing has taken a beating. The Army, Police and President’s denials and attempts at cover-up have not helped the government’s reputation.

The killings have also generated outrage and division within Indonesia. And October 19 was not an isolated incident. A series of shocking acts of torture of Papuans by the Indonesian military have been captured on video and recently released. And when I speak of outrage I am not talking about protests from human rights groups. National legislators from a range of Indonesian political parties have begun to publicly criticise the Indonesian military, police and even the President over the government’s policy, or lack of it, in West Papua. Even the cautious Indonesian Bishop’s Conference urged Indonesian President Susilo Bambang Yudhuyono to hold a third party mediated dialogue without delay.

Indonesian critics recognise that the political crisis in West Papua is spiralling out of control and that the central government and the security forces are making things worse. Indonesian journalist Bramantyo Prijosusilo writing in the Jakarta Globe went as far as saying that the “powerful forces bent on forcing Papuans to separate from Indonesia are none other than the central government, especially its military and police force.”

He has a point. West Papua teeters on the brink of open rebellion. After the shooting on October 19 one student previously uninvolved with politics told me “if the police and military thought they could shoot us dead like animals and we would somehow stop pressing for freedom, they are wrong. We don’t care about the military; we don’t care about the police. We are not afraid anymore.” Days later he was on the streets along with 3,000 other Papuans calling for a referendum.

This is not just about political insurrection. The economy is on the brink as well.

Consider the massive Freeport/Rio Tinto gold and copper mine. Eight thousand mine workers there have been on strike since July. Freeport’s pipeline has been cut in more than 20 places, the company has been unable to deliver on its contracts, the local government in Mimika which depends on revenue from the mine to supply services is cash strapped, and Freeport itself is losing billions.

That could mean Australian jobs are affected. Over 800 Australian companies supply the mine through Cairns and Darwin. The Australian owned company International Purveying Incorporated sends everything from Toyota’s, heavy mining equipment, and frozen beef dinners to Freeport every few days.

How long shareholders and investors will put up with heavy loses and adverse economic risk is any ones guess. But it won’t be forever. And it is not just Freeport / Rio Tinto that is in the firing line. BP, Clive Palmer’s nickel businesses in Raja Ampat, and logging interests are all the target of a torrent of anger from landowners. CEOs like Palmer and Freeport’s Bob Moffet may not ask the Indonesian government to negotiate with Papuans demanding political freedoms but sooner or later shareholders and investors will demand just that.

So how is the Australian government responding to these shifting power dynamics? Well that is the problem. They are not. The government’s position is the same as it has always been: continued support for the Indonesian military / police unhinged from any tangible improvements in human rights such as guarantees of free speech, release of political prisoners or moves towards supporting political dialogue.

No matter what side of the political fence you sit this is not smart policy.

For years Papuans have been telling our leaders that Special Autonomy had failed, that the Freeport mine was a source of conflict, and that the military and police were killing them. Just in case we were not paying attention they described the situation as “slow motion genocide”.

So for those realists out there who think an independent West Papua would be a mistake, here’s some free policy advice: stop funding the armed group splitting Indonesia apart.

Giving a blank cheque to the Indonesian military while there is continued suppression of political freedoms in West Papua is the surest way for Australia to help Indonesia lose a country.

It seems the Australian government might be eager to usher in freedom in West Papua after all.

 

Sweepings by security forces in Paniai spread anxiety among the civilian population

JUBI, 17 November 2011

The deployment of army and police forces including Brimob has spread anxiety and fear among the people in Paniai during the past week.

‘We haven’t left our homes for the past week, people are being questioned by the army as well as the police along a number of roads,’ said one person who lives in the area. ‘We have done nothing wrong but they have been going from house to house and this has made us very afraid.’

Following the searches in the houses of ordinary people, the military in Paniai confiscated bows and arrows, axes, knives and other sharp things belonging to the local people. The Justice and Peace Secretariat (SKP) in Dekenat, Timika, reported that not only had sharp implements been confiscated. ‘People’s homes have been searched very roughly indeed. In some cases, doors and windows have been badly damaged. This is very strange indeed because there are no problems with the local people so why are they behaving like this,’ said Father Oktopianus Pekei, co-ordinator of SKP Dekenat.

Some of the homes that have been badly damaged are in Kampung Kogekotu, Gakouda, Madi and elsewhere in the area. ‘The destruction has been encouraged by Brimob, Kelapa 2 Unit, Jakarta,’ he said, referring to the fact that there has been an increase in the number of Brimob troops deployed in the area in the past week.

SKP also regretted the arrogant behaviour of the Indonesian military. ‘Why is it that equipment used in people’s households, things for chopping up vegetables in the kitchen, or for building new homes, or for cutting down wood to burn in their houses are all being confiscated?’

Father Pekei said that the church would make public its support for the concerns of the people. ‘When things like this happen, the church cannot stay silent. This is all about the people’s right to life, the family and the vulnerable people in our society. This is the voice of the church,’ he said.

Longing for Merdeka by Melissa McLeary

‘Longing for Merdeka’ is about the desire of the people of West Papua to gain independence from Indonesia. The film focuses on Herman Wainggai who escaped to Australia with 42 Papuan refugees on a traditional canoe. Since settling in Australia he continues to campaign for the self-determination of his people.

[vimeo http://vimeo.com/32299332]

Prof. Ikrar Nusa Bhakti: Papua has become a Military Training Ground

JUBI, 10 November 2011

Papua has become a Military Training Ground

The senior Indonesian political commentator, Professor Ikrar Nusa Bhakti, said that the Indonesian military is keen to defend Papua as a military training ground. This is because, apart from Aceh, Papua is the only other natural place that is suitable for this purpose.

‘If Papua goes on being defended for this purpose, it is quite immoral,’ he said during a discussion at the Tembaga Hotel in Timika.

‘My reasoning is quite simple, because this not only turns the Papuans into enemies of the military or police but also provides the opportunity for outsiders to conduct what people refer to as humanitarian intervention. This could start with their just levelling criticisms but if things get “too ferocious”, the responsibility to protect principle can be used by these external forces.

‘And do you know what responsibility to protect means? It can easily be used as a shield for countries like the US or European countries to go ahead and do whatever they like in a country which they regard as being attractive economically or politically.’

Other countries where this has happened were, he said, Libya, Iraq, Afghanistan and Egypt. So, the problem is: why has the government allowed the process to happen and not do what any government ought to be doing?

All this, he said, makes him, as a political commentator, ask whether it is not too hasty to accuse the OPM of being behind everything that is occurring in connection with Freeport. ‘It is also going too far for the Minister-Coordinator for Legal, Political and Security Affairs to say that the only one who can reach a solution for the land of Papua is God Almighty!’ That is to say, if this quotation in Metro TV and TV One is indeed correct. ‘Why is this so? According to me, the Minister-Coordinator should stop doing this. Why? Because, as I have already said, although the Papuan question is quite complex, it is not really all that difficult! In other words, there’s no need for all this shooting – bang, bang, bang – to happen because if we invite them (the Papuans) to hold talks, that is exactly what they want, isn’t it?’

Professor Ikrar then drew attention to the views of some Papuan leaders such as the minister of shipping, Freddy Numberi who has urged everyone not to regard the question of NKRI as being ‘harga mati’ (the bottom line).

Ikrar went on to say that Numberi is not the only one; there is also Professor Dr Yuwono Sudarsono, the former minister of defence who once said that NKRI is not something ‘indisputable’. Independence for the Papuan people is not ‘harga mati’ but ‘harga hidup’, in other words something that can be negotiated. ‘If Papuans have ever said that independence is ‘harga mati’, I cannot understand why the central government just follows suit.’

According to Prof. Ikrar, in politics there is no such thing as ‘harga mati’. Why do people also talk about a bargaining position’. This applies too to all those political experts who are to be heard in discussions on television.

This is why Prof. Ikrar who has on several occasions been asked for his opinion about the Papuan question, has said that he supports what Dr. Neles Tebay, the (Papuan) writer, has said who has proposed dialogue as the way to solve the Papuan problem.

Ikrar went on to say that Dr Tebay has spoken about the three components who bear arms, calling on them to put an end to their activities which are only causing difficulties for the people in Papua.But this means that on the side of the people, they need to reach agreement among themselves about who will be the
spokesperson for the Papuan people. ‘Don’t do what happened in the case of a peace seminar that was once held, which led to the appointment of all people from abroad.’

‘I think that the government should also open the way for dialogue because at the first stage, there will surely be some people who keep on shouting,’ Prof. Ikrar said in conclusion.

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