Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

http://www.fidh.org/Recent-outbursts-of-violence

Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

 

Paris-Jakarta-Bangkok, 21 September 2011. The recent spike in violent incidents in Papua in July and August underscore the urgent need for Jakarta to re-assess its military approach to solve the situation of unrest in the region and to place the respect for human rights at the heart of conflict resolution policies and practices, said the Asian Forum for Human Rights and Development (FORUM-ASIA), the Commission for the Disappeared and Victims of Violence (KontraS), the Indonesian Human Rights Monitor (Imparsial) and the International Federation for Human Rights (FIDH) today.

 

Kontras recorded at least ten violent clashes between 5 July to 3 August, 2011[1], involving members of the state security forces and local armed groups. Civilians were injured and killed in some of these clashes. Thirteen Papuans were arrested by the police on 31 August in Kampung Nafri, Abepura, for allegedly causing unrest during a religious ceremony. There were also allegations that these 13 individuals were involved in a shooting incident on 3 August, in which three civilians and one TNI soldier were killed. However, local rights groups pointed out that the police made the arrests without properly investigating and substantiating these allegations. These detainees were reportedly tortured while in police custody.

“Freedoms of expression, association and assembly are routinely violated in Papua, which seriously fuels tensions. Besides, gross human rights abuses, such as acts of torture, remain unaccounted for.” said Poengky Indarti, Executive Director of Imparsial.

“While the use of violence to achieve political and other goals is unacceptable, the heavy military presence and the military-centered approach by Jakarta to Papua’s demand for autonomy serve to sideline human rights and do not provide a viable and peaceful solution to the conflict,” said Souhayr Belhassen, FIDH President.

Another element of Jakarta’s security-centered approach is the strict restriction to access to Papua. As a result, peaceful activities of civil society groups and human rights actors operating in Papua are known to be under extensive surveillance by the Indonesian military. This form of intimidation goes against the United Nations Declaration on the Right and Responsibility of Individuals, Groups or Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and oversteps the lawful limit of intelligence gathering. Internal documents of the Indonesian military recently obtained and publicized by the media revealed both the extent of this kind of surveillance and the military authorities’ mistrust towards peaceful civil society and human rights activities, which they perceive as a threat to national security.

“Monitoring human rights work is seen by the military as threatening to national security and this bodess ill for the safety of human rights defenders and other peaceful activists in Papua, as they could bear the brunt of harassment and physical intimidation by state security forces under the pretext of fighting separatism,” said Yap Swee Seng, Executive Director of FORUM-ASIA.

Some of the activists and individuals named in the leaked military documents have already faced arrest, detention, and intimidation, such as independence activists Filep Karma and Buchtar Tabuni, who were both arrested and convicted for their role in organizing peaceful demonstrations during which the Morning Star flag, a banned symbol, was raised.

A recent report released by Imparsial estimates that there are more than 14,000 military personnel deployed to Papua. The report identifies the key features of such a military-centered approach by the central government, including the continuous military operations in Papua without adequate parliamentary oversight, deployment of a large number of non-organic troops to Papua, and the addition of new territorial command structure in the region.

In sum, accountability for human rights abuses perpetrated by state security forces is still lacking in Papua. In addition, in the few rare cases in which perpetrators were brought to court, they were either acquitted or convicted on lesser charges that do not reflect the gravity of their crimes, such as acts of torture.

The four organizations call on the Indonesian government to:

  • Instruct its military to immediately cease all unlawful surveillance activities in Papua and revise its current draft intelligence bill by incorporating recommendations by civil society and bringing it into line with the Indonesian Constitution and Criminal Procedure Code, as well as international human rights law;
  • Take steps to reduce the heavy presence of non-organic military personnel and their involvement in civil administration in Papua and seriously implement security sector reform;
  • Fully and credibly investigate all past and new allegations of human rights abuses, especially those perpetrated by state security forces, and promptly bring perpetrators to justice;
  • Strengthen civilian oversight and rigorous parliamentary scrutiny of military policies, operations and budget; and
  • Respect the role of human rights defenders and ensure unfettered access to Papua by civil society groups and actors, including foreign and domestic journalists and independent human rights monitors.

[1] The documented violent incidents occurred in Kampong Kalome, Tingginambut district, Puncak Jaya (5 July and 12 July); Mulia, Puncak Jaya (13 July and 21 July); Timika, Mimika (30 July); Illga district, Puncak (30-31 July); Kampung Nafri, Abepura (1 August and 3 August); and Mulia, Puncak Jaya/Wamena (3 August). See documentation by KontraS: http://www.kontras.org/index.php?hal=siaran_pers&id=1339.

Australian SAS/Kopassus Joint Exercise launched

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http://www.thejakartapost.com/news/2011/09/09/ri-aussie-special-forces-launch-joint-exercise.html

RI, Aussie special forces launch joint exercise
The Jakarta Post
JAKARTA: The Indonesian Army Special Forces (Kopassus) is currently conducting a two-week joint training exercise with the Australian Special Operations Command (SOCOMD) in the Thousand Islands regency, north of Jakarta.

Members of the special forces from both countries will take part in exercises, including live fire training and marine terrorism prevention, tempointeraktif.com reported Thursday.

Kopassus commander Maj. Gen. Lodewijk F. Paulus officially opened the joint exercise on Tuesday at the Kopassus headquarters in Cijantung, Jakarta.

The exercise is hoped to encourage exchange of knowledge between the two delegations, and improve cooperation between both countries, he said. “It also aims to improve the forces’ abilities and skills in personal and group fighting techniques and tactics,” he said.

He added that Indonesian and Australian forces had been carrying out joint exercises since 1992.

Supporting Accountability, Not Separatism, in Indonesia

Elaine Pearson

Deputy Asia Director, Human Rights Watch

http://www.huffingtonpost.com/elaine-pearson/supporting-accountability_b_932075.html

What do US Senator Dianne Feinstein, Senator Patrick Leahy, and Archbishop Desmond Tutu have in common? Their names appear among 248 foreign politicians, government officials, academics and journalists the Indonesian military views as “supporters of Papuan separatists.”

The list appears among 500 pages of Indonesian military documents, which recently came to light, that provide an insider view of the military’s surveillance operations in Papua. the country’s easternmost province.

Most of the documents concern the activities of Indonesia’s Special Forces, or Kopassus. The US should be paying close attention since a year ago it restored full military ties with Kopassus, which had been suspended for years because of the force’s notorious human rights record.

Officially, Kopassus operates in Papua to monitor and suppress the Papuan separatist movement, the Free Papua Movement (Organisasi Papua Merdeka, or OPM), which has been engaged in an armed struggle against the Indonesian government since the 1960s. The documents show, however, that the focus of Indonesian military operations in Papua goes far beyond the roughly 1,000 poorly armed rebels and includes a broad swathe of Papuan political, traditional, and religious leaders, and civil society groups who are spied on by a vast network of Papuan informants.

The documents show that the military believes it has more to fear from peaceful “political separatist” activity than from armed separatists. A 2007 Kopassus report states, “Current political activity in Papua is very dangerous compared to the activities of Papuan armed groups because their access already reaches abroad.”

The problem, as the documents make clear, is that pretty much anyone who challenges authority is automatically deemed a separatist. A couple of years ago I met a Papuan family from Jayapura, the provincial capital, who were pro-Indonesia. They told me how their son had taken a romantic stroll on a nearby beach with his girlfriend when they were set upon by eight naval officers, who beat him up and forced the pair to engage in humiliating sexual acts. The family tried to complain to the police and to the naval base to no avail. The youth’s cousin told me, “I am a Papuan woman and an Indonesian citizen. We are not separatists, but whenever anyone tries to stand up for their rights, they are called separatists – that’s how they silence us.”

The reports indicate that Kopassus believes nongovernmental organizations primarily work to discredit the Indonesian government and the armed forces by using the “human rights issue” to garner international condemnation of Indonesia’s military presence in Papua and to promote Papuan independence.

Human Rights Watch has long documented violations by Indonesian security forces in Papua. For years, the military denied the reports of human rights violations in Papua, even when faced with overwhelming evidence. This lack of accountability gives security forces a green light to commit abuses against the local population. However, the recent growth in cell phone video is making it more difficult to deny abuses.

Last year, a film uploaded to YouTube showed soldiers brutally torturing two farmers in Papua, kicking them, threatening one with a knife to his face, and repeatedly jabbing the other in the genitals with burning wood. A prolonged international outcry finally forced the military to take action. In the end, three soldiers got light sentences for “disobeying orders” rather than torture. It is unclear whether the military has discharged any of them. Two months earlier, soldiers from the same battalion shot and killed Rev. Kinderman Gire on the suspicion he was a separatist. At the trial, the defendants claimed Gire led them to believe he was a member of OPM and tried to grab a rifle from one of them, who then shot him in the chest. They dumped the body in a river, after trying to cut off his head. Last week a military tribunal convicted three soldiers, again only for “disobeying orders,” and sentenced them to six, seven and fifteen months in prison.

Indonesia’s military has heralded such light sentences for torture and killing as “appropriate.” Perhaps this is not surprising given a US Defense Department official characterized the prosecution of the video torture case as “progress.”

Last year, when resuming full military ties, then-US Defense Secretary Robert Gates described how Indonesia’s defense minister “publicly pledged to protect human rights and advance human rights accountability and committed to suspend from active duty military officials credibly accused of human rights abuses, remove from military service any member convicted of such abuses, and cooperate with the prosecution of any members of the military who have violated human rights.”

The revelations in the military documents don’t appear to have changed any thinking inside the Indonesian armed forcesResponding to recent articles about the documents, an Indonesian military spokesman told the Jakarta Post: “There is no such thing as a repressive or militant approach. What we do is always a welfare approach, where we help Papuans have better lives.”

And the old pattern of military denials continues. Where individual cases garner international attention, the Indonesian military has understood that all it needs to do to continue receiving US military funding is to slap soldiers on the wrist for “disobeying orders” rather than prosecute them for serious crimes. The US has conveyed multiple messages of disappointment to the Indonesian government and military on individual cases such as the video torture trial. But US unwillingness to impose significant consequences, such as suspending new military cooperation, tells the Indonesians and others that the US doesn’t insist on sticking to its standards.

The US should call on the Indonesian government to fully disclose all military tribunal cases involving alleged abuses against civilians, including prosecutions for “disobeying orders,” and provide transcripts to the public. Until the Indonesian government re-examines these cases, in line with the US Leahy law, which prevents the US from cooperating with abusive military units, the US government should not participate in joint endeavors with military personnel or units working in Papua. The US should also call on Indonesia’s military to stop viewing peaceful political activists as threats to national security and stop spying on them.

Both the US and Indonesia should recognize that people like Senator Leahy, who are named in the Papua military documents, were not seeking to challenge Indonesian sovereignty, but simply to defend the international standards for accountability that the Indonesian military is undermining.

Elaine Pearson is the deputy Asia director at Human Rights Watch. Follow Elaine Pearson onTwitter.

AWPA: Time to rethink ties with Kopassus.

The Australia West Papua Association (Sydney)
Media release   16 August  2011
Time to rethink ties with the Indonesian Special Forcesunit, Kopassus.
In light of the  leaked  Kopassus documents AWPA is calling on the Australian Government to rethink its policy of ties between the Australian military and the Indonesian Special Force Group, Kopassus. The leaked  documents show  lists of West Papuans  who are supposed to be supporting  separatism when in reality they are members of civil society organisations concerned about the human rights situation and the welfare of the people of West Papua.
Joe Collins of AWPA said “the level of spying by the Indonesian military  on West Papuans is oppressive, with  agents spying at  every level of West Papuan society.   There is an obvious systematic campaign to intimidate both  human rights defenders  and  the West Papuan peoples a whole “.
 It is now Forty eight years since Indonesia took over administration of West Papua from  UNTEA in 1963 and the West Papuan people still continue their struggle for justice and self-determination. The large peaceful rallies by thousands of West Papuans  at the beginning of this month  calling for a referendum indicate just how unhappy  West Papuans are with Jakarta‘s rule over their lives.
Jakarta should be asking the question, why?
In May the military began a “socialising programme “ in Puncak Jaya with the idea of   renovating  homes, churches and markets while in July the people of the region  suffered another military operation with reports of up to 600 members of the security forces  involved in sweeps through the region  resulting in  civilian and military casualties.  This is all reminiscent of the US programme in Vietnam to try and win the  “hearts and minds” of the Vietnamese people.
It is unfortunate that various sources in the security forces and government try to blame the troubles in West Papua on overseas involvement with one police official saying there are indications that there is “suspected foreign funding of the OPM “. Yet in December last year   cables released by WikiLeaks in relation to West Papuan human rights  revealed that US diplomats blame the government in Jakarta for unrest in West Papua due to neglect, corruption and human rights abuses.
To avoid the situation in West Papua deteriorating further Jakarta should  take up the offer of dialogue from  representatives of
civil society organisations in West Papua who have been calling on Jakarta for years to dialogue with the West Papuan people to try and solve peacefully all the issues of concern they have.  As Winston Churchill is reported to have said   “to jaw-jaw is always better than to war-war
AWPA is urging the Australian Government yet again  to put a moratorium on the training, funding and any ties between  the Australian military and the special forces unit  Kopassus, until a full inquiry is held into the activities of these units in relation to  human rights abuses in the archipelago.
Info. Joe Collins
Australia West Papua Association (Sydney)
Mob. +61(0)4077 857 97

The Age: Independence at threat from enemy within

Tom Allard

August 13, 2011

A Papuan protester addresses a crowd.Mako Tabuni, KNPB leader addresses a crowd on August 2

Papuans remain under Indonesia’s menacing grip, reports Tom Allard from Jakarta.

It would seem, to most observers, to be a singularly unremarkable venture. A group of American tourists visiting a cultural centre in the Papuan town of Abepura, just outside the capital Jayapura. On the agenda was an opportunity to view some historical artefacts and watch a traditional dance.

But, as the group of some 180 visitors toured the facility and enjoyed the performance, they were being watched. In the shadows was an informant for Indonesia’s elite special forces unit, Kopassus.

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Indigenous traders sell produce in Jayapura, where migrants own many businesses.Indigenous traders sell produce in Jayapura, where migrants own many businesses.

In a report back to his handler, the informant observed the tourists had been warmly welcomed by the centre’s manager and been amused and entranced by the dance. The visit had lasted precisely 35 minutes, from 11.50am to 12.25pm, and had been ”safe and smooth”.

The informant warned there was no room for complacency, a point heartily endorsed by the Kopassus handler, Second Lieutenant Muhammad Zainollah.

”With visits from overseas tourists to Papua, there is the possibility of influencing conditions of Papuan society,” Lieutenant Zainollah wrote in his report to the local Kopassus commander. ”Politically, there needs to be a deeper detection of the existence hidden behind it all because of the possibility of a process of deception … such as meetings with pro-independence groups.”

<img src=”http://images.theage.com.au/2011/08/12/2554865/art-353-14-papua-1-200×0.jpg&#8221; alt=”Freedoms under surveillance … from left, Kopassus officer Lieutenant Muhammad Zainollah, author of many of the intelligence reports obtained by the Herald.” />Freedoms under surveillance … Kopassus officer Lieutenant Muhammad Zainollah, author of many of the intelligence reports obtained by the Herald.

The note is bizarre and even amusing. It is one of hundreds of intelligence briefs obtained by the Herald from Kopassus intelligence posts in Papua and part of a cache of 19 documents that includes a highly detailed analysis of the ”anatomy” of the separatist movement.

But it is also instructive of what the material in its entirety reveals: the Indonesian government runs a network of spies and informants in Papua that is staggering in its scope and range of targets. And infecting all the reporting and analysis is a deep paranoia that is both astonishing and disturbing.

In the easternmost reaches of Indonesia’s sprawling archipelago and located in the western half of the island of New Guinea, the resource-rich region of Papua is a running sore and source of angst and embarrassment for Indonesia, a country that has otherwise made substantial strides as a democratic and economic power.

Despite being granted special autonomy 10 years ago and targeted for accelerated economic development, its indigenous Melanesian people are the country’s poorest and many are deeply unhappy with Jakarta’s rule and a heavy security presence.

The documents, which date from 2006 to 2009, reveal that independence activists and members of the OPM-TPN, the small armed resistance, are under intense surveillance, but so too are many ordinary Papuans and civic leaders who do not advocate independence but are concerned about the advancement of their people or are influential in the community.

”Everyone is a separatist until they can prove they are not,” says Neles Tebay, a pastor and convener of the Papua Peace Network that is promoting dialogue with Jakarta. Around the capital, Jayapura, there are 10 Kopassus spy networks infiltrating ”all levels of society”, including the university, government agencies, the local parliament, hotels and the Papuan Customary Council.

A worker at a car rental agency tips off his Kopassus handler whenever a suspicious customer visits the establishment or talks about ”M”, shorthand for ”merdeka” or freedom. A phone shop employee ”often provides information on the phone numbers of people purchasing phone credits”.

Journalists, university students, bureaucrats, church leaders, teachers, motorcycle taxi drivers, clan leaders, village chiefs, farmers and forest workers are all on the books of Kopassus. One leader of the OPM-TPN has eight Kopassus informants within his network, including a 14-year-old family member.

Each of the informants, who cannot be identified to protect their safety, is described by temperament and motivation. The motivation is usually ”to make money”. Temperaments range from ”hard-working”, ”courageous” and ”quiet” to ”unstable”, ”explosive” and ”drunk”.

And the Kopassus intelligence documents are just a snapshot of the total campaign under way in Papua. Other units of the Indonesian military, known as the TNI, run similar operations, as do the police. There are also scores of agents in Papua from Indonesia’s national intelligence agency, known by its acronym BIN.

Benny Giay, a leader of the Gospel Tabernacle Church, is one of the civic leaders branded a separatist and targeted by Kopassus. For Dr Giay, the suffocating presence of the intelligence network is part of daily life, as is interference in the affairs of his church by the military.

”If someone joins the church, we always have to ask ourselves, ‘what did they come here for? Are they intels or worshippers?’,” he says.

And, given the disappearance and deaths of other leaders under the gaze of Kopassus, the surveillance leaves Giay constantly uneasy. ”I have to check my meals to make sure they are not poisoned and I have to be home by 7pm. If I walk around after then, I have to bring someone with me, always.”

Marcus Haluk, the secretary general of the Central Highlands Papuan Student Association, features heavily in the documents. It seems most of his meetings are attended by a Kopassus spy.

”I’ve lost count of the attempts to kill or threaten me,” he says. ”I’ve had guns pointed at my head, I’ve been thrown from a motorcycle. There are always SMS threats.”

Underpinning the spying is the view that most institutions in Papua are riddled with separatists. The documents outline a two-stage intelligence operation to address the perceived problem.

The first involves disrupting alleged separatist networks and the second is dubbed the ”diminishing dominant influence phase” or ensuring ”traditional institutions used for politics in Papua lose the trust of the indigenous peoples of Papua”.

In short, the objective is to discredit the institutions and arrangements introduced by the central government under Papua’s special autonomy deal introduced in 2001, the very policy supposed to give Papuans economic and cultural rights, dampen independence sentiment and secure national unity.

Agus Sumule, a long-term resident of Papua and adviser to Papua’s Governor, Barnabas Suebu, is an immigrant, a nationalist and was a key player in drafting the special autonomy laws which created a new legislative body to represent indigenous Papuans known as the Majelis Rakyat Papua (MRP).

Special autonomy has never had a chance, he argues, and much of that blame lies with Jakarta’s refusal to implement it properly.

Papua was divided into two provinces against the wishes of the MRP, Dr Sumule says. Moreover, the home affairs ministry interferes in the election of MRP candidates, and has banned people from taking their seats. Despite provisions in the special autonomy law for symbols of Papuan identity to be displayed, the cherished Morning Star flag has been outlawed. Those caught displaying it can be sentenced to 15 years in prison.

Some $3 billion in aid has flowed from the central government to the region in the past decade, but it is handed out haphazardly and most of it has been siphoned off by corrupt officials or wasted on bureaucracies to support the new province and dozens of new regencies in Papua.

Meanwhile, Papua has been swamped by migrants from other parts of Indonesia who dominate its economy. Explaining the economic disparity, one Kopassus report offered a plainly racist rationale. Indigenous Papuans ”lack the willingness to work and the willingness to make a better life, so their lives seem to be making no substantial progress”, it said. Migrants, in contrast, had a ”high spirit and work ethic”.

Asked about the extensive intelligence operations, Dr Sumule observed: ”On the one hand its paranoia, but it’s also much more than paranoia. It shows they don’t have a relevant policy for Papua, an understanding of Papua or what Papua should be in Indonesia. The problem with the intelligence is it’s not intelligent. They send so much wrong information for the people in Jakarta, and they make decisions on it. It’s very dangerous.”

Indeed, the major report on the Anatomy of Separatists had a detailed section on the alleged foreign support networks for a ”Free Papua” and it bears out Dr Sumule’s criticism of the quality of the intelligence.

The list of 32 Australians includes academics, politicians and religious leaders who could understandably be placed in the category. Others have simply shown an interest in Papuan affairs, raised concerns about human rights or are journalists.

The appearance of the former current affairs host Naomi Robson on the list is a stand-out.

The former Today Tonight host, now running a web-based dating service and TV show, presumably gets a mention because she entered Papua without media accreditation in 2006 to ”save” Wa-wa, the boy who was the subject of a story by rival program60 Minutes.

Famously, Channel Nine’s current affairs flagship alleged Wa-wa was destined to be consumed by his fellow Korowai tribespeople, who were cannibals, but after filming they left him behind to an uncertain fate.

Foreigners in Papua are viewed suspiciously, especially non-government groups. Indonesia has expelled several foreign NGOs from the territory in recent years. The International Committee of the Red Cross is banned from visiting more than 100 political prisoners. By contrast, the ICRC is allowed into Guantanamo Bay and could visit prisons in apartheid-era South Africa.

One part of the intelligence analysis that is presumably more accurate is the assessment of the strength of the OPM-TPN. It is reckoned to have 1129 fighters with mixed weapons totalling only 131, and grenades.

While the poorly armed resistance fighters do have some success in ambushing Indonesian military posts and are adept at hiding in Papua’s mountainous terrain, the low estimate of their strength calls into question why there is such a large military presence in Papua.

The Indonesian government will not release precise figures on its armed deployments in Papua, but since special autonomy was introduced in 2001, it has doubled the number of battalions from three to six. It has 114 posts along the border with Papua New Guinea alone.

Estimates put the military numbers at about 15,000, roughly 13 soldiers for every armed separatist.

As one Indonesian official told a US embassy staffer, revealed in cables released by WikiLeaks: ”The TNI has far more troops in Papua than it is willing to admit, chiefly to protect and facilitate TNI interests in illegal logging operations.”

The massive military and intelligence apparatus in Papua makes a lie of Indonesia’s insistence that it long ago junked its ”security” approach to managing Papua and it is now formulating policy under the rubric of ”development and prosperity,” says Neles Tebay.

”[The troops] are trained to see Papuans as the enemy,” he adds. ”I’m not saying all the troops are bad but if one group of them is threatening the indigenous people then it creates widespread fear. Also, they are always interrogating people. It’s very threatening.”

Neither the TNI or Kopassus would respond to questions for this article, sent to them two weeks ago. However, it has maintained human rights abuses such as that depicted last year in a video of a man being tortured by soldiers holding a burning stick against his genitals, revealed in the Herald, do not reflect policy.

It also says it devotes energy towards improving living conditions in remote villages. Certainly, the Kopassus documents include accounts of its officers going to hamlets in the remote central highlands region to help with health clinics, building bridges and homes as well playing sport and attending religious and cultural ceremonies.

But, as shown by mass protests in Papuan towns last week, special autonomy has not worked for Papua’s indigenous people or for the Indonesian government. Papuans such as Neles Tebay have called for dialogue and President Susilo Bambang Yudhoyono talked last year about embarking on ”constructive communication”.

Progress, however, has been painfully slow and, as the cache of documents reveals time and again, the security forces make no distinction between demands for dialogue and militant separatism. If a lasting settlement is to be achieved, many believe it will require a significant scaling back of the military in Papua, its policy influence in Jakarta and the spy networks that treat ordinary Papuans like criminals and worse.

Read more: http://www.theage.com.au/national/independence-at-threat-from-enemy-within-20110812-1iqur.html#ixzz1UtYnzIxc

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