Charges against two Papuan defendants at variance with other court documents; also, statement by Warinussy

JUBI, 31 March 2011 

The formal indictment presented in court against Mecky Bleskadit and Dance Yenu who are facing the charge of unfurling the 14-star flag  in Manokwari last December is at variance with the verbatim report submitted to the court by the police.

A member of the legal team of the defendants, Simon Richard Banundi, said that the charge sheet  does not reflect the contents of the interrogation report which provides a chronological account of the police arrest and they intend to make a formal complaint about this when they submit their demurer (eksepsi) at the next hearing of the case on 5 April.

Banundi said that the two defendants were facing charges under Article 106  of the criminal code for makar and they are also accused of being separatists. The charge sheet also makes reference to Articles 107 and 110 for alleged provocation of a large number of people. After the indictment was read out, the hearing was adjourned and will continue on 5 April.

Yan Christian  Warinussy, co-ordinator of the defence team, later told the press that  when submitting their demurer, he would deal at length with the continuance in force of the makar article and the other articles used in the charge sheet. These articles are being used to silence Papuan activists whenever they give expression to their aspirations and can even result in their ending up behind bars.

The two defendants along with five others were involved in an incident when they unfurled the 14-star flag to commemorate the anniversary of the declaration of West Melanesian independence on 14 December 2010 in Manokwari, West Papua.

————–

In a statement issued on the following day, the co-ordinator the defence team, Yan Christian Warinussy said that even though articles 102, 106, 108 and 110 can be described as being ‘karet’ (highly flexible), they have been used since the days of President Sukarno and up to the present era of reformasi. to silence people holding  views contradictory to those in power and are still being used by elements within the judiciary and including the police, against people calling for democracy in the Land of Papua as well as in Maluku and Aceh.

He said that the activities that had been undertaken by the two defendants last December had led to charges of makar whereas what they had done should not be seen as makar or separatism. Makar should be seen as an act involving armed violence  or violence. Can the expression of people’s aspirations  such as unfurling the 14-star flag or the Morning Star flag (kejora), or singing the song, Hai Tanahku Papua be branded as makar or separatist?

The government should stop using these articles and there should be a judicial review and an end should be put to using these articles to silence democratic actions in the Land of Papua.

A movement must be launched to call for a judicial review of the makar article must secure the support of all components of society as well as the local governments of Papua and West Papua.

Call for judicial review of makar article

JUBI, 31March 2011 

‘Makar’ should be tested before Constitutional Court

Yan Christian Warinussy, the executive director of LP3BH, the Instituteof Research, Analysis and Development for Legal Aid, has called on the Dewan Adat Papua, the Papuan Customary Council, to submit the ‘makar‘ -subversion – article in the Indonesian Criminal Code/KUHP to the Constitutional Court for a judicial review.

‘I call on DAP together with the Papuan people to seek a judicial review of the makar article before the Constitutional Court because it  is no longer appropriate for such a law to remain in force in a democratic country like Indonesia. ‘Other democratic states around the world don’t have such a law,’ he said, ‘because it is so out-of-date.’

He said that this should be recognised by all components of Papuan society, including DAP and should be tested by a judicial review.’

If this article continues to remain in force, the police will be able to make use of it to arrest Papuan activists when they give expression to their political aspirations to the government. This includes rejecting the special autonomy law and calling for dialogue as the way to resolve the Papuan issue and various other problems in Papua.’

This article can also be used by prosecutors and judges to convict Papuan civilians and activists when raising problems that they confront. ‘In my opinion, this article will continue to be used  to round up and imprison indigenous Papuans whenever they give voice to their aspirations.

He said that the police continue to use articles 106 and 107 of the criminal code on subversion and incitement to detain Papuan activists whenever they raise any problems in Papua, he said.

Tunisia… Egypt… Libya… Let’s look closer to home

by Daniel Scoullar

originally appeared at http://www.onlineopinion.com.au

The mass uprisings in Tunisia, Egypt, Libya and other nearby countries have put despotic rulers, human rights abuses and self-determination into our nightly news bulletins and daily conversations in a way that happens very rarely.

The seemingly contagious way these movements for freedom have spread from country to country makes them particularly fascinating, but there is another reason why they have captured the public imagination. It’s because Australians recognise the ‘fair go’ principle, which can also be put in terms of the human right for every person to be safe from harm, to have control over their lives and to have a say in how their country’s run – regardless of whether they live in Bundoora or Benghazi.

In turn, many of us would also be surprised to hear that we have state sponsored violence and political exclusion much closer to home. They would be further surprised to hear these abuses are taking place within Indonesia, a case study for positive social, economic and political reform.

Despite holidaying in Bali, seeing Jakarta on the news or even watching a wildlife documentary shot in the Sumatran jungle, you could be excused for never having heard of West Papua. It comprises the western half of the island of New Guinea (the eastern half belongs to Papua New Guinea) and a collection of small islands.

West Papua’s landscape is one of tropical islands, coconut strewn beaches, impenetrable rain forests and rugged snow capped mountain peaks. It is home to around three million people, including some of the last remaining humans still untouched by the modern world.

West Papua’s modern history is marked by exploitation and resilience. Colonial explorers claimed it as Dutch territory in the 1600s, the Japanese and Americans made it a key battleground of World War II and the newly independent Indonesian nation invaded and forcibly occupied the territory in 1962, just 13 years before they would do the same in East Timor.

In the 50 years since then, West Papua has been ruled as a country-apart within Indonesia. This is somewhat ironic given West Papua is physically, culturally and historically separate from the rest of Indonesia. Its traditional ties run east and south to Papua New Guinea, Melanesia, northern Australia and the Pacific.

Where military and police abuses were curtailed elsewhere, they were encouraged in West Papua. While ‘unity in diversity’ was the national motto, West Papuan traditional culture was violently suppressed and almost a million ‘transmigrants’ were shipped in and given the reigns of local government and the economy. Even as the post-Suharto human rights reforms resulted in greater freedom of speech for those in Jakarta, incarceration or death are still the standard penalties for raising the Morning Star flag in West Papua. An estimated 100,000 local people have been killed during the occupation.

In 2007 I travelled from East Timor through Indonesia, West Papua and Papua New Guinea on my way back to Australia. My lasting memories are of friendly West Papuans inviting me into their homes to practice English with their children and heavily armed military personnel/police stopping me in the street for seemingly random questioning. When I returned to Melbourne, I met members of the West Papuan refugee community here and learned more about the extent of the abuses taking place in their homeland.

A recent example captured on video and shared on the internet, shows two Papuan men being cruelly tortured by security forces, including one having his genitals burnt. Other examples include activists being shot at demonstrations – or just disappearing. Local prisons are full of political prisoners who have committed no crime other than raising their voice.

It is also important to differentiate this critique of state sponsored human rights abuses and a lack of self-determination from a more general attack on Indonesia as a nation or its culture.

As someone who speaks Indonesian moderately well and has lived and travelled in the region, I know first hand the beautiful diversity within Indonesia’s awe inspiring 17,500 island archipelago. The majority of its 240 million people are not disputing their place in this nation state and democratic, social, economic and political progress continues in most areas.

Nevertheless, acknowledging Indonesia’s strengths is not the same as writing a blank cheque to the worst elements within its military and government. After 24 years of silence, Australia finally found the moral and political strength to take a stand on behalf of the East Timorese people and this is what is needed again, not just from our Prime Minister Julia Gillard, but from other world leaders within our region and right across the globe.

We all know that international diplomacy can be a dirty business where economic and political interests take precedence over doing what is right. We should acknowledge that it is politics and economics that are the key barriers blocking the Australian government from advocating on behalf of the West Papuan people. There is no easy villain such as Muammar Gaddafi to hold up as a symbol of evil. It’s more complicated than that.

International diplomacy can also be a powerful force for improving lives. While East Timor remains poor, I didn’t meet a single person there who wanted to go back to Indonesian rule. Australia is a regional leader, particularly in the areas of good governance and human rights protection, and we should not shy away from this role. We have the power to make a difference in West Papua and, in turn, we carry the corresponding responsibility to do so.

If we simply cast our gaze to distant parts of the world, where people are paying with their lives for basic freedoms, we will overlook those closer to home paying with their own lives for those same freedoms.

PDP leader on dialogue: Don’t forget the OPM

[Slightly abridged in translation by TAPOL]

Bintang Papua, 27 March 2011

Jayapura: Thaha Alhamid, secretary general of  Papuan Presidium Council, (PDP),has welcomed the initiative taken by the Papuan Peace Network, the JDP, to seek to solve the Papuan problem by means of a Jakarta-Papua dialogue, and says this should include all the leaders of the struggle for Papuan independence, here in the Land of Papua as well as abroad. He was responding to a report in Saturday’s issue of Bintang Papua’s report regarding the initiative taken by Pastor Neles Tebay regarding dialogue.

But he said that the failure to include representatives of TPN/OPM in the JDP was a serious matter, bearing in mind that the OPM is still struggling in the forests of Papua. ‘I realise that there are problems of communication but that doesn’t mean that they should not be represented in the JDP.’ He said he was sure that the JDP would deal with this, bearing in  mind the fact that the TPN/OPM was present at the Grand Papuan Congress in 2001.

He said that the TPN/OPM consists of a considerable number  of groups but this does not mean that it should be excluded. Moreover there was once a UN resolution which made the point that geographical problems should not result in the exclusion of any communities. ‘I am sure that by means of a process of communication, the TPN/OPM will be represented in the  dialogue.’

He said that all sides should understand that dialogue or peaceful struggle has been the agreed platform of the Papuan people since the time of the IInd Papuan Congress when it was  decided that the Papuan struggle must be pursued by peaceful means and this means prioritising dialogue.

‘What we should focus on is not war but dialogue or peaceful struggle,’ he said.

He said that he welcomed the network, the communications, the role of civil society and the good initiative taken by LIPI, the Indonesian Institute of Sciences, to press for  dialogue He also recognised that it will not be easy.

In the first place, there needs to  be an internal Papuan dialogue, which should include all Papuans, including those  who are in the forssts, those who are living abroad or wherever they may be, for they are all entitled to have their say regarding the question of dialogue.

Secondly, for all those Papuans here in the Land of  Papua, there’s no need to consider what their background is because all Papuans have the right to say what they think the dialogue should discuss.

In the third place, the JDP has entered into communication with various groups at home as well as abroad in order to start preparing for the dialogue process, and  have agreed to a joint approach towards the central government in Jakarta.

‘If we intend to move towards the process of dialogue, bridges will need to be built  even if this brings in voices of people who are in favour or against, as all this must be part of the discussion. I am convinced that the JDP is not in any way subordinated to the central government; they are all leaders of civil society who are trying to find a middle way. Dialogue with those everywhere in the world is something that all of us should appreciate,’ he said.

AJI Papua Presses Police About Lack of Progress Over Stabbing

Media information FYI

The Jakarta Globe
Sunday, March 27, 2011

AJI Papua Presses Police About Lack of Progress Over Stabbing

The Papua chapter of the Alliance of Independent Journalists has
expressed frustration with the sluggish pace of police investigations
into the stabbing of local journalist Banjir Ambarita.

“The investigation is taking too long, that is why we are monitoring
the case closely,” said Viktor Mambor, chairman of the Papuan branch
of the alliance also known as the AJI. “We are going to do something
to pressure the police, like hold a protest rally.”

“The new [Papua] police chief was once in Densus [the National
>Police’s counterterrorism unit], investigating a case like this should
be easier than capturing terrorists,” he said.

Banjir, a freelance reporter and contributor to the Jakarta Globe, was
attacked in Jayapura by two men on a motorcycle as he was riding his
own motorcycle home shortly after midnight on March 3.

The Jayapura Police’s detective unit questioned Banjir on Friday, more
than three weeks after the stabbing. “Because Banjar Ambarita’s
condition has improved, we formally asked him for information in
relation to the stabbing,” said First Adj. Insp. Widodo, an officer in
the unit. “A total of 37 questions were posed and were answered well.

“We have already questioned five witnesses, but we have yet to find a
lead,” he added.

Viktor said the AJI appreciated the police’s efforts but said: “Even
though they are working quite well in carrying out their job, this does not guarantee that they are taking the case seriously.”

Poengky Indarty, director of external relations at rights group Imparsial, said that as a defender of human rights in Papua, it was
vital that Banjir be protected.

“Until today, the perpetrators responsible for the violence have not
been identified,” she said. “We urge the Papuan Police to make every
effort to catch the offenders and legally process them.”

She said Banjir had provided police with information to make a sketch
of his attackers. “We want them to investigate based on this sketch
and look into police officers who may be involved in the case,” she
said.
Nurfika Osman

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