Tag: Indonesian National Armed Forces

West Papuans Call For Dialogue With Indonesia

(Note: West Papua Media was a participant in this conference, and a paper calling for development of Papuan media was a key part of this conference also.  Over the next fews weeks, we will be publishing a selection of observations from this conference, and a book will also be forthcoming from CPACS West Papua Project)

 

ABC News/Radio Australia
Friday, February 25, 2011

West Papuans Call For Dialogue With Indonesia

The ramifications of the fast moving events in Libya and the middle
east could be felt as far away as Papua in Indonesia, a Sydney
Conference has been told.

A movement for greater autonomy or even independence from Indonesia has been active since Papua was absorbed by the Muslim state in 1969.

It has been at times ruthlessly suppressed by successive governments
in Jakarta, fearful of the loss of national unity and rich resources.

But observers say with demands for greater democracy reverberating
around the world there might be a new willingness in Jakarta to take
on board the calls for change.

Presenter: Karon Snowdon

Speakers: Peter King, Centre for Peace and Conflict Studies, Sydney
University; Jacob Rumbiak, coordinator of the foreign office of the
West Papua National Authority; John Otto Ondawame, Vice President of
the West Papuan National Coalition for Liberation.

SNOWDON: Indonesia has faced strong resistance to its rule in Papua,
or West Papua, as it’s also known. The complaints include the appalling human rights record of the security forces, lack of development, resource stripping, cultural insensitivity and unwelcome migrants.
Often these complaints have been ignored or dealt with inadequately,
but perhaps this is changing.

KING: The political situation in Jakarta is now being driven by events
in Papua and also international reaction to what’s happening in Papua.

SNOWDON: Peter King is the convenor of the West Papua Project at the Centre for Peace and Conflict Studies at the University of Sydney,
where he spoke at an international conference on Papua.

Peter King says the government of Susilo Bambang Yudhoyono has been embarrassed by the worldwide release of the video showing Papuan men being tortured by Indonesian security.

And by the symbolic return of special autonomy to Jakarta through huge public demonstrations in June last year. Indonesia’s effort at appeasement, special autonomy has been a failure.

KING: Anybody would be encouraged by what’s gone on in the Middle
East. And the Papuans are even more mobilised than those Arab
populations were – it’s a kind of permanent Papuan mobilisation
against Jakarta. And the tactic so far of cultivating an enriched
elite of bureaucrats and politicians, which has been the main
Indonesian strategy to pacify Papuans, plus the influx of migrants
from outside Papua, that’s not going to wash in the post-Tahir Square
milieu that we’re living in.

SNOWDON: And there has been something of a breakthrough.
Jacob Rumbiak was jailed for nine years, part of the time he spent
with East Timor’s Xanana Gusmao. He returned to Jakarta for the first time this month at the invitation of the Indonesian government. He’s now an academic and the coordinator of the foreign office of the West Papua National Authority, which he calls the transitional government of an independent West Papua. He was afforded high level access over two weeks of talks in Jakarta.

RUMBIAK: Visiting Jakarta is part of how to negotiate with Jakarta
about how to build trust between Jakarta and the people of West Papua.

SNOWDON [TO RUMBIAK]: To what end, independence or just more autonomy for Papua?

RUMBIAK: The aim is based on [democracy]. Let Papuans choose. If they want to integrate with Indonesia, it’s OK, but when they want to [be] independent, that’s the right.

SNOWDON: A lack of unity in the past has set back the resistance movement. John Otto Ondawame, the vice president of the West Papuan National Coalition for Liberation based in Vanuatu says a united call for dialogue for the peaceful resolution of issues with Indonesia mean the old divisions have ended.

ONDAWAME: Papuans are united in their aspirations for political change.

SNOWDON [TO ONDAWAME]: Are the groups working together successfully now?

ONDAWAME: Yes, we’re working together both inside West Papua in the
guerilla camp in the jungle and also in the outside world to raise the
voices of the West Papuans to the international community that we are
united.

SNOWDON: And he calls on the Melanesian Spearhead Group and the
Pacific Island Forum to do more to promote reconciliation between
Indonesia and Papua.

ONDAWAME: These two bodies must stand together to address the issue of West Papua and to send a fact finding mission to investigate the human rights situation in West Papua and other related issues.

SNOWDON [TO ONDAWAME]: Given the recent case of torture case against members the Indonesian military do you see any change in Jakarta and in the president’s office towards a better deal for Papua?

ONDAWAME: The culture of torture [by the] military has continued for
the past 54 years after occupation.

SNOWDON: Is there no improvement?

ONDAWAME: No improvement at all.

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Papua New Guinea Raises Concerns Over Arms Smuggling At Indonesian Border

Media Information:

(Note: West Papua Media and illegal arms smuggling investigators have long raised this issue with the PNG and Australian governments, however, evidence collected from the ground has implicated INdonesian military sources, not West Papuan opposition sources. The reporting in this piece is disingenuous and misleading by lumping this together with Operation Sunset Merona, implying that West Papuan refugees were involved in weapons smuggling. This has never been the case. Widespread research has documented a pathway of Indonesian military officers exchanging weapons for Marijuana with Raskol gangs from the PNG highlands, and with Indonesian officials in PNG openly flooding the country with small arms via illegal logging networks. Please contact West Papua Media for more background).

BBC Monitoring Asia Pacific
February 21, 2011

Papua New Guinea Raises Concerns Over Arms Smuggling At Indonesian Border

Text of report by Papua New Guinea newspaper The National website on 21
February

[Article by Isaac Nicholas: ‘Weapons smuggling a concern’]

Western law enforcement authorities have raised concerns about arms
smuggling into the province from Australia and Indonesia, saying it is
a threat to national security.

Provincial Police Commander Peter Philip said his men had confiscated
arms ranging from high-powered semi-automatic weapons to small arms
and shotguns.

He also raised concerns that Operation Sunset Merona refugees had been flown into East Arwin refugee camp without consultations with
provincial authorities, adding that the flight of more than 50 refugees by the PNGDF Casa aircraft into Kiunga was causing further strain on the limited resources in the province.

Philip said the frequency of illegal gun smuggling was higher than
what was happening up at the West Sepik border.

Ningerum Prison acting Commander Wini Nemo also raised similar
concerns that the extra people on the ground would also put pressure
on the jail holding capacity of 30 inmates, adding that the jail was
already over-crowded.

Similar sentiments were conveyed to Correctional Services Minister
Tony Aimo during a visit to the North Fly township of Kiunga last
week.

Provincial Magistrate Patrick Monouluk said arms smuggling was a
concern for authorities which lacked the capacity to police the vast
border province.

Last week, Monouluk sentenced a man to 18 months imprisonment for
smuggling arms and ammunition. Simon Somo Harquart from Mapos Village, Buang, in Morobe, was arrested by police when he attempted to move three firearms from Saibai Island in the Torres Strait into Daru.
Acting on a tip-off, police confiscated a .22 squibman rifle, 303
rifle, self-loading rifle and more than 150 rounds of ammunition.
Monouluk found him guilty and after sentencing, Harquart was
transferred to Bomana Jail outside Port Moresby.

Aimo admitted that arms smuggling and free movement of people across
the border of Indonesia and Australia was a major security concern and
he would raise the issue through reporting to the National Executive
Council to extend the operations from West Sepik to Western.

“We are sitting on a time bomb. There is exchange of guns and drugs
along this Western border which Waigani does not know about,” Aimo
said.

“It is very fragile and a threat to our national security.”

Source: The National website, Port Moresby, in English 21 Feb 11

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INDONESIA: Widespread impunity in Papua aggravating tensions

 

Date: 22 February 2011 03:15:24 CET

FOR IMMEDIATE RELEASE
February 22, 2011
ALRC-CWS-16-06-2011

Language(s): English only

HUMAN RIGHTS COUNCIL
Sixteenth session, Agenda Item 4, General Debate

A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status

INDONESIA: Widespread impunity in Papua aggravating tensions

The Asian Legal Resource Centre (ALRC) is seriously concerned by ongoing, widespread human rights violations and violent acts being committed by the Indonesian security forces in the Papuan highlands in Indonesia. Impunity typically accompanies even the most serious abuses, as shown by the lack of effective remedies in a case of severe torture that the ALRC has documented recently. Despite institutional reforms in Indonesia, effective accountability for human rights violations in Papua is lacking, resulting in impunity that then engenders further atrocities.

Impunity and the sense of injustice that it engenders in society are having a strong impact on social stability and cohesion in Papua. Repression, discrimination and human rights violations by the Indonesian security forces are adding to tensions. Papuans reportedly feel like second-class citizens in Indonesia, even within Papua itself, and face discrimination, poverty and injustice as a result. The military arbitrarily suspect Papuans of being linked with rebel groups and stigmatise them, subjecting them to abuse.

Autonomy law rejected

The State has failed to provide justice and remedies and to bring prosperity and equality to Papua through the Special Autonomy Law, despite it being Indonesia’s most resource-rich region. Demonstrations in Jayapura, the capital of the Papuan province, have repeatedly rejected the Special Autonomy Law of 2001, with many civil society speakers having labelled it as being a failure. The autonomy parliament in July 2010 issued a decree formally rejecting the law and demanding a referendum on the political status of the autonomy region. The law was rejected mainly due to it having failed to deliver on any of the key demands of indigenous Papuans since its enactment. These include economic aspects but security and the need for protection against discrimination and human rights violations also figure highly.

The repeated calls by Papuan politicians, church and other civil society leaders for a dialogue between Papua and Jakarta have not been responded to by the government. Given the ongoing grave human rights violations by Indonesian security forces and the deteriorating relations between Papua and Jakarta, the ALRC is concerned that the situation of human rights risks declining seriously in the coming period, unless Indonesia takes meaningful action to address its role in the worsening situation. To be credible in doing this, the Indonesian government and military must ensure that human rights violations are halted and impunity is shown to be being dismantled, with justice being served and reparation being provided to victims.

Torture and impunity — a symbol of abuse and injustice

In the high-profile torture case mentioned above, which remains emblematic of the situation of human rights in Papua at present, Mr. Tuanliwor Kiwo, an indigenous Papuan man, was arbitrarily detained and tortured in May/June2010 by the Indonesian military. Mr. Kiwo was arrested at the Kwanggok Nalime TNI post near Yogorini village on his way from Tingginambut towards Mulia, Papua, Indonesia. During two days of detention, Mr. Kiwo was subjected to several serious forms of torture including burning, beatings and other forms of violence, resulting in serious injuries and Mr. Kiwo falling unconscious. He was able to escape in the morning of the third day. Mr. Kiwo is currently in hiding for security reasons but has given a detailed testimony of his torture in a video recording.1

While cases of torture are often reported from Papua, this case received significant international attention after video footage of the torture2 was published by the Asian Human Rights Commission (AHRC) in October 2010. As a result of the significant public pressure concerning this case, three members of the military were tried in a military tribunal for disobeying their superior’s order to release the victim and were sentenced to between nine and twelve months imprisonment. The ALRC is concerned that the charge and punishment in this case are not commensurate with the gravity of the violation that severe torture represents. Furthermore, the victim has not been provided with any form of remedy. Despite its high profile nature, this case speaks to the Indonesian system’s inability to address torture as a serious crime and human rights violation, and its failure to provide adequate reparation to victims. In less visible cases, even less can be expected, and impunity typically prevails.

In another case of violence by members of the military in the March 2010, that was also published in October 2010, the perpetrators have received sentences of an equally disproportionately low nature. Three solders from the Indonesian military’s Pam Rahwan Yonif 753/Arga Vira Tama squad, based in Nabire, Papua, were given a five-month imprisonment sentence by the military court III/19, Cenderawasih military command in Jayapura in November 2010, for having kicked and beaten arrested indigenous Papuans whom they suspected of involvement in separatist activities. The names of the convicted officers are Chief Pvt Sahminan Husain Lubis, Second Pvt Joko Sulistiono and Second Pvt Dwi Purwanto. Military judge Lt. Col. Adil Karokaro explained in the verdict that the defendants had breached the Indonesian military’s code of conduct by torturing the residents.

The government of Indonesia continues to deny the widespread use of violence by the Indonesian military in Papua, and alleges that these violations are rare and isolated, individual cases. However, the ALRC continues to receive further cases of violence against indigenous Papuans, including killings by the police and military, arbitrary arrests, the burning of houses and killing of livestock, which point to a widespread pattern of the use of violence, as well as a policy of intimidation by the Indonesian military.

Human rights violations and other crimes committed against civilians by members of the military are still only tried by military courts, which lack independence, transparency, a comprehensive penal code incorporating human rights norms, and a system of punishments that are proportional to the severity of the crimes committed. A military tribunal is not able to hold perpetrators of torture accountable in line with international law standards. Such tribunals cannot invoke any military regulations that prohibit the use of torture. Therefore, perpetrators cannot be tried for committing torture and no remedies can therefore be provided to victims.

Furthermore, the country’s penal code does not include torture as a crime. This means that members of the police that commit torture remain immune from criminal prosecution. Indonesia is therefore failing to comply with its obligations under the Convention Against Torture. Indonesia ratified the Convention against Torture in 1998, but the use of torture is still widespread and systematic, as cases received and documented by the ALRC attest. The promised review of the penal code has been delayed for years despite recommendations made to the government of Indonesia, which it accepted, during the Universal Periodic Review in this regard.

From a human rights perspective, it is vital for Indonesia to immediately begin to take credible action to tackle impunity and be seen to be tackling it in an effective way. Jakarta must ensure that the security forces halt the use of excessive force and violence-based strategies in dealing with security-related issues in Papua. Allegations of human rights violations must be investigated and any lacuna in legislation and due process must be addressed. For example, torture must be criminalized in line with Indonesia’s international obligations under the Convention Against Torture. Military personnel who are alleged to be responsible for human rights violations against civilians must be tried in civilian courts.

The ALRC invites the Special Rapporteur on the independence of judges and lawyers to recommend institutional reforms to the government of Indonesia to ensure that members of the military are held accountable by independent courts that uphold human rights and constitutional values and ensure that these are made available to legislators in Indonesia.

The ALRC also requests that the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment follow up with the Indonesian government to ensure the full implementation of the recommendations made to Indonesia during the UPR review regarding the review of the penal code and the full criminalisation of torture.

Furthermore, the ALRC urges the Indonesian government to heed the call for dialogue made by the Papuan indigenous community and avoid a further deterioration of the conflict in Papua. Finally, the ALRC calls on the Indonesian government to release all Papuan political prisoners, in order to show its commitment to a new path towards peace, security and human rights in Papua.

——–

Footnotes:

1 http://www.youtube.com/watch?v=eX5CuZhFFCI
2 http://humanrightsasia.blip.tv/file/4446942/

# # #

About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.

International Human Rights Day 2010 – Download our pre-print PDF version of the annual reports here.

—————————–

Asian Human Rights Commission
#701A Westley Square,
48 Hoi Yuen Road, Kwun Tong, Kowloon,
Hongkong S.A.R.
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367

URL: humanrights.asia
twitter/youtube/facebook: humanrightsasia

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Police urged to say who shot Miron Wetipo

JUBI: 17 February 2011

A lawyer in Jayapura, Gustaf Kawer, has called on the police to be transparent and explain what happened to Miron Wetipo, who was being held in the Abepura Prison. He was shot dead by the police/TNI and Densus 88 during a sweeping operation and searches being undertaken by BTN Puskopad (an army unit).

‘The police must be transparent and explain publicly what happened to Miron Wetipo. All the more so since Miron was not the person who was behind the shooting in Nafri. The police should tell his family and the general public what happened,’ said Gustaf Kawer. He also said that it was important for the name of the peron responsible for the shooting to be made public so as not to cast suspicion on the whole of the police force.

‘They must have the courage to say who it was in the security forces who shot Wetipo. They cannot ignore this case because it involves a violation of human rights that must be resolved,’ he said.

Miron Wetipo was shot dead by forces of the police/TNI and Densus 88 while they were on sweeping operations and were searching the home in the location of BTN, Puskopad, in the district of Abepura, Jayapura, Papua. He was also thought to be a leader of the OPM and was involved in the shooting that occurred inNafri Kampung on Sunday, 27 November 2010.

[The article includes a photo of a poster saying: ‘Who is it who murdered Miron Wetipo’.

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Prisoners’s lawyer concerned about health of her client in Nabire Prison

JUBI, 15 February 2011
Latifa Anum Siregar, the lawyer acting for the prisoner, Kimanus Wenda, has written to the authorities calling for her client to be moved from Nabire Prison to Jayapura in order to receive the medical attention he needs.
She said that he is suffering from a tumour. She said she had written to the provincial office of the law and human rights ministry on 4 February when she explained that Kimanus Wenda had been undergoing treatment for a long time, facilitated by the medical personnel in Nabire Prison who have now said that he must be operated on at the earliest opportunity.

However because of the lack of medical equipment available in Nabire and for family reasons, Kimanus Wenda should be moved to Jayapura where he would have the support of his family and a lawyer during medication and the operation. She has asked the Nabire Hospital to issue a letter calling for him to receive medical treatment and to be operated on in Jayapura.

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