JUBI: New unit (UP4B) to be set up in Papua

JUBI, 9 February 2011

New unit (UP4B) to be set up in Papua

A new unit, UP4B -Unit Percepatan Pembangunan Papua dan Papua Barat – a Unit to Accelerate Development in Papua and West Papua – is to be set up in March this year for the purpose of handling a number of political and human rights problems as well as development which is still virtually stagnant.

‘As members of the Papuan Peace Network – JDP – we have decided to help the government in setting set up this body,’ said Muridan Widjojo of LIPI., the Indonesian Institute of Sciences.

Muridan said that LIPI had decided to get involved in this and help the
government, in the hope that this new body will not confine itself to
dealing only with social and economic issues such as development projects but will also prioritise the issue of human rights violations
and the political situation throughout West Papua so that these issues can be properly addressed.

‘We hope that the establishment of this body will be supported by all
those involved, so as to ensure that it does not confine itself only to
social issues but will also deal with the issue of human rights which
also needs to be prioritised.’

Muridan also said that the JDP hopes that the UP4B will be able to
advance the process of dialogue between the indigenous Papuan people (OAP) and the Indonesian government, mediated by a neutral international party, in order to get to the root of the problem. These problems should not be allowed to go on festering without end which can only mean that stability and the welfare of the Papuan people will continue to be disturbed.

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[Another JUBI article reports that Muridan has called on the Indonesian president to deal seriously with the issue of dialogue between Indonesian and Papua, and will set up a special team for this purpose. We hope to post the item in full soon. TAPOL]

Indonesian Civil Society: Open letter to SBY Raising Concern and Offering Solution:: One-Year Human Rights Promotion in Papua 2010

OPEN LETTER

Raising Concern and Offer Solution::

One-Year Human Rights Promotion in Papua 2010

To the attention of

President Republic of Indonesia,

Susilo Bambang Yudhoyono

In Jakarta

Dear Mr. President,

We are writing this letter to you to raise our concern over human rights conditions in Papua. We are confirmed that lacking of protection and recognition of Papuans’ rights have led to abusive and violent practice against Papuans. This pratice has persistently cause death to Papuans and left trauma for them and their family. This practice clearly does not reflect the spirit of this country’s constitution to protect whole citizens.

We have recorded that there have been some big issues this year that attract public attention. The issues such as footage violent action against civilians by military in Tinggi Nambut Papua,[1] violence against civilians in Bolakme,[2] ethnic conflict between Papuan highlanders and Yoka people,[3] shooting civilians in Nafri[4], shooting against prisoners in Tanah Hitam,[5] civilians shot dead in Boroway,[6] arrest and detention of Filep Karma and  Buchtar Tabuni[7] and the rally of returning special autonomy. Other cases relating to social, economy and culture which potentially bring negative impact on Papuans and destroy Papuan values such as MIFEE in Merauke,[8] Dagewo case in Paniai[9],  the transfer of local land in Lereh for palm oil plantation, Freeport case,[10] and many illegal logging cases.

Bsaed on our observation and data collected, the problems mentioned above happen because of the following reasons:

First, government still stigmatisize any Papua groups and individual as separatist as they do resistance against government. Government uses ‘stigmatization of separatist” as powerful  strategy to silence Papuans demand and freedom of expression and weaken the critical thinking from Papuans who often criticise the govermnent policy. This strategy is partially successful as it silences resistant movement but in the other side it gives more energy and spirit for more resistance. Also, this unpopular strategy has planted the seeds of hostility and mistrust among Papuans against Indonesia.

Second, Jakarta still plays dominant role in the issue of any policies and their implementations in Papua. Jakarta, as the central power, is still unable to trust any process of development in Papua although Papua has been given special autonomy to manage themselves. MIFEE case, violence against civilians in Bolakme, Tingginambut-Puncak Jaya and Freeport cases are example on how central government still exercise their absolute authority which potentially destroy basic rights of Papua. Central govermnet just interest in investment without considering the basic rights of Papuans and their values

Third, Papua is still considered as conflict area. Therefore, security approach is dominant. Huge number of troops are deployed  every year to Papua to secure the border area and investor’s assets. Ironically, the security approach has caused fear and revive the past trauma. People in the border feel fear when they go to bush and forest to hunting, gardening as they might be arrested as being suspected as members of Papua freedom movement (OPM)/ National Freedom Army (TPN).

Fourth, The massive deployment of troops which is to secure investors’ assest has caused human right violations and fear. The rights of people are neglected and intimidation is done when the locals demand their rights and speak critically.

Fifth, Economic problems are still strongly perceived as the main problems in Papua. Therefore, huge amount of money and investment is needed to build Papua to improve their economy. RESPEK ( strategic plan for rural development) program is one example where the program emphasize infrastructure development rather than human resources development. Moreover, suspection among the locals is rising over the use and management of special autonomy fund used for RESPEK program. Also, no efective supervision has led to corruption

Sixth, the policy issued by govermnet and its implementation actually repair the impact not solve the basic problems which has been persisting so long. It is crucial that any policy has ‘solving-problems’ elements. If not, the problems will never be solved.

Based on the description above, we urge Mr. President to take immediate action by ordering central government and localgovernment to do the following:

First, hold peaceful dialog as an effective means to solve the problems in Papua. The dialog Jakarta-Papua which has been initiated by Papua Peace Network Team needs to be supported. The dialog should involved all elements: government, customary community, religious leaders, academics and civil groups.

Second, stop all stigmatization against Papuans and place them a citizens who have rights to be protected by the state. Constitutions guarantee freedom of expression and this should also be applied to Papuans. Some articles in state criminal law and government regulation No. 77 year 2007 about treason and subversion need to be amended as it limits the freedom of expression

Third, revise or redesign security approach to be human rights-based approach as it will recognise the rights of Papuans and protect Papuans from violent acts. The deployment of troops need to be adjusted to the need of the local area and real threat as to save state budget of defense

Fourth, police should exercise their professionalism in keeping the order and promote human rights. The professionalism is shown by giving protection so people feel secure and peaceful in doing their activities. This is important to bring back trust from the people.

Fifth, push the policy that promote human rights and provide justice to the victims of human rights abuses. Government has to take immediate action to establish human rights court and reconciliation and truth commission in Papua as mandated by special autonomy law

Sixth, central government needs to revise public-service related policy because the existing policy does not provide and touch the basic rights of Papuans. There are three public service issues that needs to taken into consideration: education, health and economy where these three areas are directed to empowernment, affirmative action and protection

Seventh, Policies issued for Papua need to have recognition of human rights elements. This is so because all existing policies basically emphasize on economic and welfare problems.

Eighth, governor, Papua legislative (DPRP) and Papua People’s Assembly (MRP) should build good coordination and reponsive to the problems of human rights abuses in Papua. Lack of initiatives and good will from these institutions show that they actually do not have commitment to promote human rights in Papua and potentially increase mistrust among Papuans.

We write this open letter with the hope that immediate action to be taken to solve the problems in Papua. Thanks

Jayapura, 05 January 2010

Institutions support this open letter

Papua Based Institution

Foker LSM Papua, ALDP, Elsham Papua, SKP-KPC, KPKC Sinode GKI Papua, LBH Jayapura, JAPH-HAM Wamena

Jakarta Based Institution

Imparsial, Kontras Jakarta, HRWG, PRAXIS

CC :

1.  Menkopulhukan RI

2.  Menkokesra RI

3.  Menteri Dalam Negeri RI

4.  Menteri Luar Negeri RI

5.  Menteri Pertahanan RI

6.  Panglima TNI

7.  Kapolri

8.  Jaksa Agung RI

9. Ketua DPR-RI

10. Anggota DPD Provinsi Papua

11.  Gubernur Provinsi Papua

12. Gubernur Provinsi Papua Barat

13. Ketua DPRP

14. Ketua MRP

15. Kedutaan Asing

16. lembaga Internasional

17. Jaringan kerja Papua


[1] This video was initially released by Hongkong Based Human Rights group, AHRC and made public through youtube. In the video, it shows that military tortures civilians suspected as members of Papua free movement group. But in fact, the victim is a reverend. Government then response to the incident immediately by forming fact-finding team. Ministry of politics, law and human rights finally acknowledges in the press release that it is true that military has done such a barbaric act. The perpetrators of the torture were finally on trial and sentenced respectively 5 months and 7 months. This very minimum sentence indicates a failure of states to provide justice to the victim

[2] An ambush against military in Yugam, Bolakme, Jayawijaya district on 1 december 2010. This incident has caused two civilians die

[3]This incident took place on 17 November 2010, 35 houses burned and 3 got injured. The highlanders damage the houses in Yoka as they are angered by a song composed by a Yoka man which insult the highlanders. It is also suspected that third party plays role in fueling the conflict. Local government has facilitated a dialog and they have agreed to cease their hostility. .

[4] Group of unknown men shoot civilians in Nafri, Abepura on 28 November 2010. One was dead and 4 seriously injured. The perpetrators are not identified yet.

[5]Friday on 3 December 2010 around 12.00, 4 prisoners and one detainee escape from prison. Miron Wetipo, one of the prisoners is shot dead when trying to escape. One of the prisoner is finally caught while the other three escape.

[6] Rahmat Faisal, an employee at mobile phone counter,  found dead by Oktafinaus Yerisitow. The victim was suspected being shot around 13.00 on 13 December 2010

[7] Filep Karma and Buchtar Tabuni were detained as they are suspected as the mastermind of riot in the prison after the death of Wiron Wetipo, a man shot dead while trying to escape from prison. Actually, Filep Karma and Buchtar Tabuni just ask head of law and human rights department about the reason why Wetipo was shot dead

[8]Merauke Integrated Food and Energy Estate (MIFEE) is a joint program between local and national government. This program will place Merauke as global agriculture industry. The program is promising which says that in 2030 Indonesia will have additional reserved food such as rice of 1.95 million ton, corn 2.02 ton, and many other food reservation. Also, Merauke will have income of IDR 124.2 million per capita per year in 2030. The program will bring more people from Java to work in the industry. Sadly, the program has taken people’s land.

[9]Illegal mining in Degowo has happened since 2001 where local do the mining without outside intervention. But since 2003, intervention comes and backed up by military and police. As more outsiders come and do the mining, the locals are moved out and can no longer do traditional mining as they used to do. They are even forced to release their land to investors who are interested in the gold mining. Moreover, prostitutes are brought by investors and military to Degowo to entertain the locals.

[10] Freeport case is the longest and massive exploitation of natural resources in Papua. Although there have been many efforts initiated by Freeport to bring back trust of Papua such as giving Cooperate Social Responsibility (CSR) but the problems and mistrust remain

Selection of MRP members should stop, say church leaders

Abridged in translation by TAPOL

Bintang Papua,11 January 2011

Given the growing concern about the implementation of Special Autonomy
(OTSUS) as reflected in the decisions of the Grand Assembly of the MRP
and the Papuan Indigenous People held on 9-10 June 2010, several church
leaders have called on the Indonesian president, the governors of the
provinces of Papua and West Papua and the chairmen of the provincial
legislative assemblies to halt the process of selecting members of the
MRP (Majelis Rakyat Papua – Papuan People’s Assembly) until such time as
there are clear answers to the eleven recommendations that were
submitted to the provincial assembly (DPRP) on 18 June 2010, according
to a joint communique by the churches The signatories include the head
of the Evangelical Church, the GKI, Rev. Jemima Krey, the head of the
Kingmi church, Rev. Benny Giay, Rev. Socrates Yoman and the head of the
Pentacostal Church, Rev. Tonny Infandi.

The assembly held in June 2010 which was facilitated by the MRP was an
official forum representing the voice of the Papuan people, well within
the framework of the rule of law in Indonesia. On that occasion, the
Papuan people clearly expressed the view that the OTSUS Law 21/2001 had
failed to result in any improvements in the living conditions of the
Papuan people which is why the Papuan people had returned the law to
Jakarta.

The handing back of the law to the two provincial assemblies occurred in
Jayapura and Manokwari on 18 June 2010, when a deadline of one month was
set for members of the asemblies to hold plenary sessions to respond to
the people’s aspirations, but since that time, neither of the assemblies
had adopted any measures to respond to these demands.

The impression is that the the central government as well as the
provincial assemblies are not in any way interested in taking any
action to improve the implementation of OTSUS, which is in direct
contradiction with the wishes of the Papuan people.

The situation has been further aggravated by current moves to set up a
new MRP, a body that has now been rejected by the Papuan people.

There is even the impression that the central government via the
intermediary of the United Agency of the Papuan Provinces, is about to
create a ‘puppet MRP’ within the framework of the OTSUS law that will be
incapable of granting protection and upholding the basis rights of the
indigenous Papuan people.

Church leaders regard the creation of such an MRP as being in serious
violation of the dignity of the Papuan people. The church leaders
therefore state the following:

Firstly, we respect the aspirations of the indigenous Papuan people as
declared in the decisions of the Grand Assembly on 9 -10 June 2010, that
OTSUS has failed and has been returned to the central government.

Secondly, that the central government and the provincial assemblies
should immediately stop all moves to select members of the MRP until
such time as there are concrete responses to the results of the Grand
Assembly that were made public on 16 June 2010.

Thirdly, we call upon the governors of the Papuan provinces to stop
ignoring the aspirations of the Papuan people and to sit down with the
people to hold comprehensive talks about Papuan aspirations in rejection
of OTSUS, democratically and in a spirit of justice.

Fourthly, we call on the central government to enter in dialogue with
the Papuan people so as to bring to an end the protracted legal and
political uncertainty which has brought despair to the Papuan people
who we lead in this Land of Papua.

Fifthly, we reject all attempts or formulations that spread confusion
about the demand for dialogue between the Papuan people and the
government of Indonesia which has for many years been expressed by the
Papuan people.

Sixthly, we urge the Indonesian government to stop all forms of
intimidation and terror and other repressive measures that are aimed at
stifling critical opinions from our community regarding development
that is now under way in the Land of Papua which has failed to respect
the interests of the common people.

Wikileaks – US Government blames Jakarta for unrest in West Papua

Article by Philip Dorling and Nick McKenzie
Link to article in The Age

THE United States fears that Indonesian government neglect, rampant corruption and human rights abuses are stoking unrest in its troubled province of West Papua.

Leaked embassy cables reveal that US diplomats privately blame Jakarta for instability and “chronic underdevelopment” in West Papua, where military commanders have been accused of drug smuggling and illegal logging rackets across the border with Papua New Guinea.

A September 2009 cable from the US embassy in Jakarta says “the region is politically marginalized and many Papuans harbor separatist aspirations”. An earlier cable, from October 2007, details claims by an Indonesian foreign affairs official about military influence in West Papua.

“The Indonesian official] claims that the Indonesian Military (TNI) has far more troops in Papua than it is willing to admit to, chiefly to protect and facilitate TNI’s interests in illegal logging operations,” says the cable, obtained by WikiLeaks and made available exclusively to The Age.

“The governor … had to move cautiously so as not to upset the TNI, which he said operates as a virtually autonomous governmental entity within the province,” the cable says.

It notes that because the allegations are coming from an Indonesian official rather than a non-government organisation, they “take on an even more serious cast”.

A 2006 cable details a briefing from a Papua New Guinea government official who said that the armed forces were ”involved in both illegal logging and drug smuggling in PNG”.

In another cable from 2006, the US embassy records the reaction of Indonesian authorities to a riot in West Papua that left four officials dead. “While the gruesome murder of three unarmed policemen and an air force officer at the hands of angry mob is unconscionable, the authorities’ handling of the aftermath has merely added a new chapter to the history of miscarriages of justice in Papua,” it says.

“It is clear that the police rounded up a miscellany of perceived trouble-makers and random individuals and that the prosecutors and judges then railroaded them in a farcical show trial.”

Cables from throughout 2009 blame the Indonesian government’s neglect of West Papua – including the failure to ensure revenue generated by mining is distributed fairly – for continuing unrest. “Most money transferred to the province remains unspent although some has gone into ill-conceived projects or disappeared into the pockets of corrupt officials,” a September 2009 cable says.

”Many central government ministries have been reluctant to cede power to the province. As a result, implementation of the [Special Autonomy] law has lagged and Papuans increasingly view the law as a failure.”

The Special Autonomy Law was introduced by Jakarta in 2001 in a bid to dampen the push in Papua for independence, to address past abuses in the region, including by the Indonesian military, and to empower local government entities.

While the US embassy cables detail some improvements in the conduct of the Indonesian military and police in the region in recent years, several cables also detail serious misconduct.

The US cables also record allegations of corruption involving local officials.

After NGO Human Rights Watch released a report last year alleging that military officers had abused Papuans in the town of Merauke, the US embassy in Jakarta wrote that the incident was isolated and may have involved soldiers following orders from local official Johanes Gluba Gebze.

“An ethnic Papuan, Gebze presides over a regional government where allegations of corruption and brutality are rife,” the 2009 cable says. It quotes advisers to Papua Governor Barnabas Suebu saying Gebze is ”out of control” and has made numerous illegal forestry deals with Chinese and Korean companies.

In early 2006, a senior manager of the Papuan mining operation run by US minerals giant Freeport-McMoRan privately told the embassy that “rampant corruption among provincial and regency officials has stoked Papuans’ disenchantment”.

Freeport is the biggest taxpayer in Indonesia and its mine is frequently and, according to the US embassy, unfairly accused of acting unethically. According to a March 2006 cable, a senior mine official said that “average Papuans see few benefits from the royalty and tax payments by Freeport and other extractive industries that should go to the province under the Special Autonomy law … This corruption hurts Freeport’s image with Papuans as well.”

The documents also reveal candid disclosures by senior Freeport executives about how the company pays members of the Indonesian military and police officers who help secure its operations. The payments caused controversy after they were detailed in a 2006 article in The New York Times.

A January 2006 cable states that Dan Bowman, Freeport Indonesia’s senior vice-president, said the “main allegations about direct payments by the company to military and police officials are true but misleading … the military and police did not have institutional bank accounts into which Freeport could deposit funds, so they were forced to make payments directly to the commanding officers responsible for security at the mine.”

An April 2007 cable says that Freeport continues to pay “voluntary support allowances” to police who help protect the mine, although does so using safeguards to prevent the money being corruptly diverted.

In October 2007, Freeport officials told the embassy that police who guarded the company’s mine were being bribed by illegal miners, who the company says are responsible for environmental damage.

“Freeport officials allege that the illegal miners have bribed Mobile Brigade officers to allow their activities. They also charge that Mobile Brigade personnel sell food and other supplies to the miners.”

Wikileaks revelation – Indonesia threatened to derail a visit to Jakarta by President Barack Obama unless he overturned Kopassus ban

article in the Sydney Morning Herald – reprinted for media information only

NDONESIA threatened to derail a visit to Jakarta by President Barack Obama this year unless he overturned the US ban on training the controversial Kopassus army special forces.

Leaked US State Department cables reveal that the Indonesian President, Susilo Bambang Yudhoyono, privately told the Americans that continuing the ban – introduced in 1999 because of Kopassus’s appalling human rights record – was the ”litmus test of the bilateral relationship” between the US and Indonesia.

Six months later the US agreed to resume ties with Kopassus, despite fierce criticism from some human rights groups and American politicians about Jakarta’s failure to hold officers to account for their role in atrocities.

The cables, made available exclusively to the Herald by WikiLeaks, detail US concerns about Indonesia’s failure to prosecute the military personnel responsible for murder and torture during the conflicts in East Timor and Aceh.

But they also reveal that US diplomats in Jakarta believed that Dr Yudhoyono’s demands should be met to ensure that Indonesia’s military and security services would protect US interests in the region, including co-operation in the fight against terrorism. It was also argued that closer military ties would encourage further reform of Indonesia’s military.

The Indonesian leader’s call to lift the Kopassus training ban is described in a January cable from the US embassy in Jakarta.

”President Yudhoyono (SBY) and other senior Indonesian officials have made it clear to us that SBY views the issue of Army Special Forces (KOPASSUS) training as a litmus test of the bilateral relationship and that he believes the … visit of President Obama will not be successful unless this issue is resolved in advance of the visit.”

The US Defence Secretary, Robert Gates, said in July that the US needed to renew links with Kopassus ”as a result of Indonesian military reforms over the past decade, the ongoing professionalisation of the TNI [army], and recent actions taken by the Ministry of Defence to address human rights issues”.

An expert on the Indonesian military, the Australian Defence Force Academy associate professor Clinton Fernandes, said the cables appeared to show that members of Congress such as Patrick Leahy – author of the 1999 ban on training with Kopassus – ”have not been told the real reason for Mr Obama’s decision, which was to provide photo opportunities for the President”.

”The decision to renew links shows contempt not only to the victims of gross human rights violations but to members of the US Congress,” Professor Fernandes said.

US diplomatic cables from the past four years reveal that Jakarta’s intense lobbying to lift the Kopassus ban was largely supported by the US embassy in

Jakarta, which cited the Australian military’s ties with Kopassus as a reason to lift the ban. An April 2007 cable says that ”our Australian counterparts often encourage us to resume training for Kopassus”.

But numerous cables also detail serious US concerns about resuming ties. In October 2007, the embassy told Washington that ”Indonesia has not prosecuted past human rights violations in any consistent manner.

”While we need to keep Indonesia mindful of the consequences of inaction on TNI accountability, Indonesia is unlikely to abandon its approach. We need therefore to encourage the Indonesian government to take alternative steps to demonstrate accountability.”

Another 2007 cable details US concern about the appearance at a Kopassus anniversary celebration of Tommy Suharto, the notorious son of the former president who served several years in prison for arranging the killing of a judge who convicted him of fraud.

In May 2008 the chairman of the US Joint Chiefs of Staff, Admiral Mike Mullen, was briefed by US diplomats that ”the key impediment to expanded engagement remains the failure of the GOI [Indonesia] to press for accountability for past human rights abuses by security forces”.

The cable welcomes Indonesia’s continuing military reforms but noted they were not ”the same as putting generals behind bars for past human rights abuses”.

Last last year, about six months before the US lifted its Kopassus ban, a senior US official, Bill Burns, told Indonesian counterparts that ”engagement with Kopassus continued to be a difficult and complex issue, particularly as there remained many in Washington, including in Congress, with serious concerns about accountability for past Kopassus actions”.

But the US cables also reveal the Jakarta embassy’s efforts to water down the background screening that Indonesian military officers must undergo if they undertake training in the US.

The US embassy is also revealed in another cable as heavily playing down a report by Human Rights Watch last year that alleged Kopassus soldiers had committed recent human rights abuses in Papua. The embassy calls the report unbalanced and unconfirmed and says the abuses detailed do not appear to ”meet the standard of gross violation of human rights”.

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