Tag: Jayapura

Torture trial exposed as a ‘grand deception’ – Indonesian Government caught lying to US and Australian Governments

Article from The Age

A MILITARY trial into abuses by soldiers in Papua, trumpeted by Indonesia’s President Susilo Bambang Yudhoyono as evidence of the country’s commitment to human rights ahead of Julia Gillard’s visit, has proven to be a grand deception.

The trial of four soldiers began on Friday in Jayapura, the capital of Papua province, amid assurances from the Indonesian government and military that those appearing were involved in the torture of two Papuan men depicted in a graphic video.

But when the trial started, it became apparent that the four defendants had nothing to do with the incident depicted in the video, which took place in Papua on May 30. Instead, they were four soldiers involved in another incident, in March, which was also captured on video. While disturbing – it involves soldiers kicking and hitting detained Papuans – the abuses in the March incident are milder than the genital burning torture in the May video.

Dubbed the ”red herring trial” by The Jakarta Post, human rights advocates said the deception proved the matter must be investigated by Indonesia’s human rights body and the perpetrators tried in Indonesia’s Human Rights Court.

Papuan activists said the ”farcical” military tribunal hearing was a deliberate strategy to deflect international condemnation ahead of the visits of Ms Gillard, who travelled to Jakarta last week, and US President Barack Obama, who arrives tomorrow.

A day before Ms Gillard’s visit, Dr Yudhoyono announced the trial was to take place and urged Ms Gillard not to raise the topic when they spoke. ”There’s no need to pressure Indonesia. We have conducted an investigation and are ready for a trial or anything that is required to uphold justice and discipline,” he said.

But at the weekend, Lieutenant Colonel Susilo, spokesman for TNI’s military command in Papua, admitted the soldiers before the tribunal had nothing to do with the torture.

”It is difficult for us to investigate the perpetrators in the second video because they did not show any attribute or uniform,” he said. ”So what we could do was working on the first video. We could recognise their units and faces easily. ”

Ms Gillard’s office and the Department of Foreign Affairs declined to comment.

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Complaints about market space for Papuan women

Bintang Papua, 7 September 2010

[Abridged in translation]

Solidaritas Perempuan (Women’s Solidarity) Port Numbay has called on
the Papuan provincial legislative council (DPRP) to pay proper attention
to the needs of Papuan women – mama-mama – traders who have not been
provided with suitable space in the market, Pasar Hamadi to sell their
wares.

In a demonstration to represent the aspirations of the women, they
complained that the Jayapura municipal administration has failed to
promote the interests of the women and the customary rights of the
Ireuuw people to a decent place for stalls in the market. They said that
there were still quite a lot of the women without decent locations to
conduct their business.

This was in breech of the Special Autonomy Law 21/2001 which stresses
the need to take sides with the indigenous Papuan people. This is a
matter that needs the special attention of the government, especially
the provincial administration, they said.

Solidaritas Perempuan itself consists of eleven mama-mama. It insists
that the traditional rights of the people must be respected.

The chairperson of the organisation, Yosephine Hamadi, together with the
local coordinator, met a member of the DPRP and wants to meet members of
Commissions A and B.

A representative of Commission A, Hein Ohee, said that he felt unable
to respond to the demands of Solidaritas Perempuan because they did not
appear to be united among themselves on the matter.

He also said that the market’s location was still problematic following
a recent fire, and since the reconstruction of the market after the
fire, complications had arisen over the traditional rights of the Ireuuw
people and the compensation payments, all of which needs further
discussion, and the risk that anything done in the location might lead
to further problems.

The complaint by Solidaritas Peremmpuan that the decision about the
location for the women revealed a lack of justice and understanding,
reflects concerns not only of the Ireuuw people but of Papuan women in
other parts of Papua. They said that they would have further meetings
with the trade department to try to resolve the issue.

West Papua Report September 2010

West Papua Report
September 2010
This is the 77th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN) Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com.

Summary:

More than a score of international non-governmental organizations called on President Yudhoyono to release Papuan Political Prisoners in commemoration of Indonesia’s August 17 Independence Day. Although the President did release and reduce sentences for convicted terrorists and common criminals on the national day, he did not respond to the appeal regarding political prisoners. The Indonesian Government has banned activities by Cordaid, a Dutch humanitarian organization that has aided poor Papuans for over three decades. The action is reminiscent of the Indonesian Government’s banning of International Committee of The Red Cross in West Papua in 2009. The Indonesian Commission on Human Rights and Papuan churches have urged the Indonesian government to reconsider its security approach in the Puncak Jaya region and address the growing violence there, including attacks on churches. The Indonesian government is under growing pressure to investigate the mysterious murder of a journalist in Merauke. Local police claim he committed suicide. The murdered journalist had built a reputation on investigation of illegal military businesses. The murder comes at a time of growing tension in the area as corporate interests seek to develop a massive food plantation. A video circulating widely on YouTube reveals the final moments of a Papuan bayoneted while in custody as he is taunted by the police.

Contents:

* International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners

* The Indonesian Government Blocks the Operations of International Humanitarian Aid Group in West Papua

* Komnas HAM Speaks out Against Security Forces Operations in Puncak Jaya

* Churches Call for an Investigation of Attacks on Churches in Puncak Jaya

* Government under Growing Pressure to Seriously Investigate Journalist’s Murder

* The Reality of Security Force Brutality in West Papua

International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners

Twenty five international non-governmental organizations have urged President Yudhoyono to release Papuan Political Prisoners. The August 16 letter which on the President to announce the release in the context of August 17 Independence Day celebrations. The letter also urged him to amend the Indonesian Criminal Code which criminalizes peaceful political protest and to investigate and prosecute prison warders guilty of abuse of these prisoners.

The NGO appeal noted that Indonesia’s incarceration of peaceful political dissenters violates Indonesia’s commitments under the International Covenant on Civil and Political Rights which Indonesia ratified in 2006. Indonesian authorities also have incarcerated Moluccans and others engaged in peaceful protest. There continue to be credible reports that political prisoners are being mistreated in custody.

President Yudhoyono has failed to respond to the NGO appeal though he did announce release of criminal prisoners, including those convicted of crimes of violence.

(See here to view full text of the August 16 letter and list of 25 signatories)

The Indonesian Government Blocks Operations of International Humanitarian Group in West Papua

The Jakarta Post, August 6, reported that the Indonesian government has banned Cordaid, a Dutch funding agency, from operating in West Papua. Cordaid has operated in West Papua for over three decades, assisting Papuan NGOs and the Papuan people more generally with a focus on social development and economic empowerment for the poor.

The ban came in the form of a refusal by the Ministry of Social Affairs to extend an existing Memorandum of Understanding that had expired in April of this year. The Government announcement that Cordaid must end its activities came in the form of a July 23 letter from the Social Affairs Ministry that responding to the standard request for an extension.

In rejecting the extension the Ministry, according to the Post, voiced suspicions regarding Cordaid’s exchange program between Papua and Mindanao, a restive region in southern Philippines –the program promoted participation of women in development from a faith-based and women’s perspective. The Government suspicions included purported Cordaid support for separatist elements.

In her written response to the Ministry, Cordaid sector manager Margriet Nieuwenhuis strongly denied that Cordaid helped Papua separatists. “The participants met only with Mindanao community groups and women leaders, not with political actors,” Nieuwenhuis said, adding that the program had been stopped.

The Jakarta Post reported that the July 23 letter also alleged that Cordaid had violated a “principle provision” in the memorandum of agreement with the Indonesian government. The letter claimed that “Cordaid has been involved in commercial and political activities by being a shareholder of Bank Andara and sponsoring the participation of a community group in the “Initiatives for International Dialog (IID).” The Indonesian ministry contended that IID supported secessionist movements in southern Thailand, Myanmar, the Philippines and Indonesia.” The government requested that Cordaid hand over ongoing projects to its local partners and neither expand the scope of the projects nor extend deadlines.

While adhering to the ban, Cordaid said its share in Bank Andara was less than 10 percent and that its participation in the program was directed toward support of microfinance institutions, particularly those with a strong focus on poverty reduction, helping clients who are considered too poor by other financial institutions to get loans.

The government’s policy to ban Cordaid was criticized by prominent human rights lawyer Totdung Mulya Lubis who said the decision was taken “too hastily” and without sufficient evidence. “It could set a bad precedent and lead outsiders to believe Indonesia is isolating Papua,” he said. Lubis pointed out that the government needed foreign donors to help develop Papua, one of Indonesia’s poorest regions. The Post quoted Lubis as observing that “to stop foreign social funding is akin to killing off NGOs in Papua, which almost entirely depend on overseas funding.

WPAT Comment: The decision to close the Cordaid office in West Papua parallels the decision to close down operations there by the International Committee of the Red Cross (ICRC) in 2009. Cordaid, like the ICRC, is seeking to negotiate its return to West Papua quietly. Shutting down the operation of these respected humanitarian organizations is consistent with the Jakarta policy to limit international assistance to Papuans who for decades have suffered from a dearth of basic humanitarian services and respect for human rights, areas of need that Cordaid and the ICRC respectively were manifestly addressing. The decision also is consistent with Jakarta’s long standing campaign to limit international awareness of Papuan suffering. Finally, it is noteworthy that closing the operation of these two organizations which have done so much good for Papuans was a decision taken exclusively by Jakarta with no involvement of Papuans. These two episodes underscore that the promise of “special autonomy” is hollow.

Komnas HAM Speaks out against Security Forces Operations in Puncak Jaya

The Papuan branch of the National Human Rights Commission (Komnas HAM) urged the Indonesian police and military to cease their military operations in Puncak Jaya district, in an August 11 statement by Mathius Murib, deputy chair of the organization in Jayapura. The public appeal came on the heels of a visit to the area by a Komnas HAM team to investigate recent incidents. The team, which Murib led, urged senior police officials in Puncak Jaya to initiate legal proceedings against all those persons or groups involved in the Puncak Jaya case from 2004 rather than simply employ armed force.

Murib noted that from 17 August 2004 up to August 2010 the inhabitants of Puncak Jaya have lived in a constant state of trauma because of reports that dozens of civilians as well as members of the security forces have been killed in Puncak Jaya. Murib urged that the police and the military immediately stop all operations to hunt people down in Puncak Jaya district and consider instead other ways of resolving the problems there. “We believe that force of arms or other forms of violence will never resolve these problems and will only lead to yet more problems and more casualties,” he said.

He also urged the civilian population in the area to remain calm, work together, and avoid being provoked by irresponsible elements. Murib said that Komnas HAM will be urging the district chief of Puncak Jaya as well as civil society, in particular the church, to draft a comprehensive account of developments during the current year. Murib explained that the role of the church in particular was important.

Churches Call for an Investigation of Attacks on Churches in Puncak Jayaa

Church leaders in the Puncak Jaya region on August 18 called for an investigation of shootings which have targeted churches in Puncak Jaya since 2004. Rev. Socrates Yoman, President of the Fellowship of Baptist Churches in Papua, called for creation of an “independent team” to investigate the attacks.

The Jakarta Post reported that Yoman’s call has been echoed by other Papuan religious leaders including the Indonesia Christian Churches (GKI) of Papua, Indonesia Bible Churches, the Kingmi Synod of Papua, the Catholic Diocese of Jayapura. All specifically call for an independent investigation of the attacks.

For its part, the Fellowship of Baptist Churches of Papua urged the provincial council and the Papuan People’s Assembly (MRP) to immediately invite the Governor and police and military chiefs to explain about the violence to the public and appealed to people to remain calm.

Government under Growing Pressure to Investigate Journalist’s Murder Seriously

The July 30 murder of journalist Ardiansyah Matra’is in Merauke and the failure of the Indonesian police to seriously investigate the crime has drawn growing criticism.

A police autopsy of the victim revealed that Matra’is was struck by several blows before falling into the water and drowning in Maro River, Merauke. The Indonesian police spokesman in Jakarta acknowledged that several of Matra’is teeth were missing and that there was swelling in several parts of his body, wounds likely to have resulted from his having been struck with a blunt implement. The Merauke police, however, rejected the announcement in Jakarta, saying that Matra’is had probably committed suicide.

Nezar Patria, the chairman of the Alliance of Independent Journalists (AJI) stated that the police should immediately investigate who murdered Matra’is, adding that it had sent a representative to visit Jayapura and trying to arrange a meeting in Jakarta with the national police.

Forkorus Yoboisembut, the chairman of the Papuan Customary Council, suggested President Susilo Bambang Yudhoyono to set up an independent team to investigate the murder of Matra’is as well as Ridwan Salamun, a Sun TV stringer in Tual, Kei Island, on August 21.

Yoboisembut told the Voice of Human Rights radio that many parties have interest in not having the police to seriously investigate the Matra’is murder. “I think if the case is investigated, many parties will be implicated, prompting the investigation to be delayed up to now, a month after the murder.”

Matra’is is the son of a Javanese transmigrant in Merauke. He worked mostly as a freelancer, including his latest work for the Tabloid Jubi website. He is survived by his wife and two children.

The Voice of Human Rights reported that Matra’is had earlier written reports on illegal logging around Jayapura as well as military businesses in Merauke. The killing transpired at a time of growing tension in the Merauke area associated with a plan backed by the local government and Jakarta to create a massive plantation. The “development” plan would severely impact local Papuans who rely on the forest and other lands that would be consumed by the project. Local opposition and local media coverage of that protest has been under growing pressure from local authorities. Some journalists received threatening text messages in the week during which Matra’is was murdered.

Complicating any effort to understand or resolve this crime is the infiltration of intelligence personnel into the ranks of journalists. The Voice of Human Rights named two men who had allegedly worked for the intelligence and infiltrated the Tabloid Jubi website. One of them is a Javanese man who originates from Rangkas Bitung, West Java, but went to college in Yogjakarta, who claimed that he is an NGO activist but also a car workshop owner, a crocodile skin trader and a political analyst. His writing revealed his Indonesian military-styled analysis about the failures of local elites in post-Helsinki Aceh and in Sarmi, Papua. He has disappeared from Papua after the Matra’is murder.

see also

* FORUM-ASIA, Imparsial, and AJI Condemn the Murders of Two Journalists in Indonesia
* IFJ Worried for Safety of Journalists in Papua As Elections Loom
* CPJ: Indonesian reporter dies; had received death threats

The Reality of Security Force Brutality in West Papua

Through much of August a video depicting the reality of Indonesian state security force brutality in West Papua has circulated widely on the internet. The stark YouTube video presents the last minutes of a Papuan man captured and then bayoneted by the Indonesian police (Brimob). In the video, as the man lies dying with his intestines spilling onto the ground, his head propped against a log, he is taunted and tormented by his murderers. “Oh God!” Yawan Wayeni cries a few times in pain. Instead of treating him, the policemen seen on the video continue to question and taunt him. The scene is reminiscent of the killing of Papuan resistance leader Kelly Kwalik several months later who bled to death from an untreated bullet wound to his thigh while in police custody.

see Al-Jazeera report on video – http://www.youtube.com/watch?v=wxHTpQho5es&feature=channell

The torture-murder of Yawan transpired in early August 2009 but the video of his final moments surfaced only in late July 2010. During the intervening 11 months the police failed to investigate the incident. Only in the wake of the surfacing of the tape and growing international outrage did the police move to investigate. But even that tardy explanation has been inappropriate with police threats and intimidation aimed at any potential witnesses including Yawan’s wife and young family. The evidence the police have sought to suppress incriminates Yawan’s captors: Yawan was seized without a weapon and was hobbled by a bullet wound to the calf. He was secure in police custody at the time a bayonet was thrust into his abdomen.

Yawan was no stranger to the Indonesian authorities and was on a police blacklist. He was the personal bodyguard of the Chairperson of the Serui Traditional Board, Yusuf Tanawani, a vocal critic of Indonesian policy. Yawan, 39, was also a member of the “Team of 100” Papuan civil society leaders who in 1999 met with President B.J. Habibie at the Palace to demand independence for Papua. It was this group that 50 U.S. members of Congress proposed that President Obama meet with during his anticipated November 2010 visit to Indonesia.

At the time of his capture, as he breakfasted at dawn with his family in a potato patch on Yaopen Waropen islands, Yawan was also a wanted man. He had who escaped from Serui prison months earlier where was serving a nine-year jail sentence for state-alleged involvement in an armed raid against the employees of PT Artha Makmur Permai and the military post at Saubeba, Serui. According to the report of the Commission for Missing Persons & Victims of Violence (Kontras), during the raid the police found only Yawan’s wife and children in the hut. Yawan’s widow has stated that Yawan did not have a weapon. He had fled the breakfast site at their approach but returned when his children began crying in the presence of the heavily armed police at their garden hut. As he returned to the site of his distressed family he was shot in the calf and seized.

Chairman of the National Commission for Human Rights, Ifdhal Kasim has joined in a wide public outcry in Indonesia over the incident, insisting the “Police must investigate Yawan’s death and protect his family.”

STRUGGLE IN PARADISE: New short film on West Papuan activists struggle for justice

STRUGGLE IN PARADISE ( NU BOTENANG DOHONG BE DOA SYAI), Follows the extraordinary journey of Herman Wainggai, a West Papuan independence leader and former political prisoner, living in exile in Australia.
In West Papua, Herman spent more than 20 years as an activist in a nonviolent student’s movement.
In 2006, Herman feared the safety of his life and led a group of 43 West Papuan asylum seekers to Australia. In Australia his activism continues, spurred on by daily text messages from inside West Papua which report an increase in Indonesian military and intimidation. When Herman receives the confronting news that a man from his island was killed by Indonesian authorities, he decides to hold a meeting with fellow West Papuan student activists at the border of West Papua and Papua New Guinea. After the risky boat journey, the student activists inform Herman of the current situation in West Papua and the risks they face as activists fighting a nonviolent struggle..

West Papua Report August 2010

West Papua Report
August 2010

This is the 74th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the
non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. Beginning with this edition the West Papua Report will include a Bahasa Indonesia translation of the summary and subject titles. This report is co-published with the East Timor and Indonesia Action Network (ETAN) Back issues are posted online at http://etan.org/issues/wpapua/default.htm

Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com.

Summary:
Fifty members of the U.S. Congress, under the leadership of House Foreign Affairs sub-committee chairs Faleomavaega and
Payne, have written to President Obama to express their deep concern about West Papua, noting indications of Indonesian
“slow-motion genocide” against Papuans. The Representatives strongly urged President Obama to give West Papua a high
priority in U.S. policy towards Indonesia and also called on him to meet with Papuans in his scheduled November visit to
Indonesia. The Obama Administration has announced it will open contact with the infamous Indonesian Special Forces (Kopassus), notwithstanding a decade old Congressional consensus against ties with that group unless and until that unit undergoes fundamental reforms. Papuan Political Prisoner Filep Karma told international media that U.S. support for Kopassus would only increase that units capacity to repress Papuans. An International Court of Justice opinion granting Kosovo the right to declare its independence would appear to have implications for Papuans pursuit of self-determination. Indonesian analysts assess that Indonesian central government unwillingness to dialogue with Papuans inevitably leads Jakarta to resort to its repressive “security approach.” Reports of abuse of Papuan prisoners in Indonesian prisons by their Indonesian guards continue. The Indonesian Seafarers Association has revealed Navy and Fisheries Ministry collusion with foreign fishing vessels illegally fishing in Papuan waters. The report also notes the role of foreign fishermen in the transmission of HIV/AIDS in Papuan ports of call.

Contents

• Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua

• U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua

• International Court of Justice Ruling of Kosovo Independence May Have Relevance for West Papua

• Jakarta’s Unwillingness to Dialogue with Papuans Endangers Peaceful Resolution of Papuan Claims

• More Reports of Prisoner Abuse in West Papua

• Indonesian Navy and Fisheries Ministry Collude with Illegal Foreign Fishing Vessels

Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua

The Chairs of the U.S. Congressional Subcommittees on Asia, the Pacific and the Global Environment, Rep. Eni F.H. Faleomavaega, and Chairman Donald M. Payne of the Subcommittee on Africa and Global Health have spearheaded an effort in Congress calling upon President Obama to “make West Papua one of the highest priorities of the Administration.”

As a result of their efforts, 50 members of the U.S. Congress signed a letter to the President stating that there is strong
indication that the Indonesian government is committing genocide against Papuans. Many of those who signed the letter are members of the Congressional Black Caucus. The signatories include men and women who fought for civil rights in America in the 1960s. In addition to the Congressional Black Caucus, many others who are long-time advocates of human rights joined this request to the President of the United States, including members of the Hispanic Caucus. The last remaining member of the Kennedy family in Congress, Rep. Patrick Kennedy from Rhode Island, also joined the letter to President Obama.

An August 1 press release from Representative Faleomavaega’s office notes that the letter to the President “suggests that slow motion genocide has been taking place in West Papua and reviews findings by human rights organizations and scholars who have conducted extensive research about crimes against humanity and genocide by Indonesian security forces.”

The press release also observes that “according to international agreements, other nations are legally obligated to intervene
when a genocide is in process and Members of Congress remain hopeful that President Obama and the U.S. State Department will hold Indonesia accountable.”

Members concluded their letter by encouraging the President to meet with the Team of 100 from West Papua during his upcoming visit, noting that President Obama has the opportunity to bring lasting change to this part of the world. While Papuan leaders have repeatedly tried to engage in dialogue with the Indonesian government, dialogues have failed to produce concrete results and Papuan leaders are now calling for an International Dialogue. In this context, signatories of the letter have asked President Obama to meet with the people of West Papua during his upcoming trip to Indonesia in November.

U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua

The U.S. government announced that it is resuming contact withthe Indonesian Special Forces (Kopassus). U.S. Secretary of
Gates, visiting Jakarta July 22, announced the decision with
caveats, noting that the resumption of contact would proceed “in
accordance with U.S. law, only on the basis of future reforms
within Kopassus.” Specifically, Gates told media that the U.S.
would undertake a “gradual, limited program of security
cooperation activities,” conditioned on “continued reform” (sic)
within Kopassus and the TNI. According to Gates, the engagement
“may be initially limited to including Kopassus officials in
“conferences and events involving non-lethal subjects like rule
of law, human rights and the military decision-making process.”

According to the 2001 Leahy Law, the the U.S. Administration can
not proceed beyond contact/consultations to actually resuming
training and weapons funding for Kopassus absent Indonesian
government action to ensure justice in any cases of “gross
violations of human rights” involving Kopassus personnel (past,
current or future). In the language of the law, “If the
Secretary of State has credible evidence that such unit has
committed gross violations” the U.S. Government is disallowed
from expending funds unless “the Secretary determines and
reports to the Committees on Appropriations that the government
of such country is taking effective measures to bring the
responsible members of the security forces unit to justice.”

Sign the petition opposing U.S. cooperation with Kopassus

The career fates of a number of prominent and not so prominent
Kopassus officers with credible claims of human rights
violations in their records have been and continue to be the
focus of much debate in Washington regarding U.S. aid to
Kopassus. In recent months the U.S. has quietly pressed for the
Indonesian government to scrub abusive officers from Kopassus’s
rolls.

One of the Kopassus officers upon the policy debate has focused
is Lt. Col, Tri Hartomo who was convicted in 2003 of the
“torture murder” of Papuan political leader Theys Eluay. Hartomo
was sentenced to 42 months in prison. That sentence, and even
shorter sentences handed down against the other six Kopassus
personnel convicted in the case, pale beside those handed out to
Papuans for nonviolent crimes such as displaying the Papuan
“morningstar flag.” Moreover, Hartomo upon release returned to
Kopassus ranks. General Sjafried Sjamsuddin, appointed deputy
Defense Minister earlier this year, is a Kopassus officer
similarly charged with egregious human rights abuses, notably in
East Timor. The U.S. administration’s casual claim that the
general was “only implicated’ and not “convicted” of numerous
human rights abuses begs the broader reality that Sjamsuddin,
like so many other senior Kopassus and TNI officers, has managed
to evade any trial for his behavior in Indonesia’s flawed
justice system. The U.S. administration’s willingness to look
the other way regarding Sjamsuddin contrasts with its decision
in September 2009 to deny Sjamsuddin a visa to visit the U.S.

The U.S. Administration’s decision to move forward to resume
ties to Kopassus notwithstanding its insubstantial reforms has
particular relevance for West Papua. Twenty percent of
Kopassus’s 5,000 personnel are stationed in West Papua. Human
Rights Watch, in a June 2009 report, documented continued
Kopassus human rights abuse targeting Papuans in the Merauke
area. Political Prisoner Filep Karma, convicted of non-violent
protest in 2001 and sentenced to 15 years imprisonment, told
media in late July that U.S. assistance to Kopassus would simply
increase the capacity of that unit to torture and kill Papuans.

see

• ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia’s
Kopassus Killers

• WPAT: Statement Regarding the U.S. Government’s Decision to
Resume Cooperation with Indonesian Special Forces (Kopassus)

International Court of Justice Ruling of Kosovo Independence May
Have Relevance for West Papua

The International Court of Justice ruled, July 22, 2010, that
the Kosovo 2008 declaration of independence from Serbia did not
violate international law. The decision flowed from the
submission of a question by the government of Serbia to the ICJ
which won the support of 77 members of the UN General Assembly
(including Indonesia). That initiative sought (unsuccessfully)
to secure an ICJ ruling that the Kosovo declaration was illegal
under international law.

The ICJ decision has drawn broad international comment, much of
it arising from the prospect that other cases involving
secessionist movements might be advanced by this “Kosovo
precedent.” The Kosovo case was the first case of unilateral
secession to be brought before the ICJ.

Thus far, there has been no systematic attempt to apply the ICJ
decision to the case of West Papua. Nevertheless, several
principles established within the ICJ decision may apply to the
call by some Papuan organizations and individuals for a Papuan
“right to self-determination.” These include the ICJ’s
acceptance of the presumption in international law that civil
and human rights, including the rights of minorities, should be
protected. A Dutch government submission to the ICJ in the
Kosovo case, for example, would appear to be relevant to the
West Papua circumstance: “The people of Kosovo had the right to
self-determination and secession from Serbia because the
Belgrade authorities systematically violated civil and human
rights of Albanians for years. International law thus allows the
proclamation of Kosovo’s independence.” The violation of Papuan
civil and human rights is well-established including by reports
of UN special rapporteurs, various governments (including annual
reports by the U.S. State Department) and respected
international NGOs and journalists.

A second principle established by the July 22 ICJ ruling of
possible relevance to West Papua addresses the “right to
self-determination” itself which the ICJ earlier found in the
case of East Timor to be jus cogens, a fundamental principle of
law accepted by the international community, and that this right
extends to all peoples, not only those emerging from a colonial
context. The right is also enshrined in Article 1 of the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
Indonesian is a party to both covenants.

Jakarta’s Unwillingness to Dialogue with Papuans Endangers
Peaceful Resolution of Papuan Claims

The Jakarta media in July reported on the deteriorating
prospects for peaceful settlement of a rising tide of Papuan
discontent over the failure of “special autonomy” in West Papua.
The July 29 Jakarta Post carried a report by Max Sijabat which
emphasized that efforts to address “long-standing problems” were
in “limbo” due to an absence of dialogue. Analysts cited in the
report drew special attention to the June 9-10 consultation in
Jayapura among 450 leading Papuans (see July 2010 West Papua
Report ) who urged among other things, formal rejection of
“Special Autonomy.” The report cited leading Papuan civil
society figure Benny Giay as noting that the consultation that
Special Autonomy funds “only enriched local elites, while most
indigenous people have been marginalized by immigrants or remain
isolated in the jungle.”

Statistics revealed by consultation participants underscored the
extent to which Papuans remain marginalized in their own lands:
Poverty among Papuans stands at over 81 percent while 70 percent
of residents with HIV/AIDS In West Papua are indigenous Papuans.
Underscoring Giay’s point regarding failure of special autonomy
to address Papuan needs, the consultation revealed that 95
percent of local budget funds “are spent outside Papua.”

According to the Jakarta Post, Agus Alua, spokesman for the
Papuan Peoples Consul (MRP), noted that Jakarta has declined to
draft regulations that would allow the Papuan MRP and the
provincial legislature to issue regulations, including
affirmative action for indigenous people and the settlement of
human rights abuses.

Muridan S. Widjojo of the Indonesian Institute of Sciences
(LIPI), who was assigned by President Susilo Bambang Yudhoyono
in 2005 to identify the most serious problems in Papua, spoke
candidly about the current situation. He told the Jakarta Post
that the Indonesian Government “should learn from now
independent Timor-Leste and the peace talks ending the war with
separatists in Aceh. In Timor Leste, he said, “we relied too
much on the Indonesian Military and the National Intelligence
Agency.”

As in the Suharto era, Jakarta has relied heavily on the
“security approach” to address Papuan discontent and, also as in
the Suharto era, has sought to hide the resultant suffering of
the Papuans behind a a curtain of restrictions that impede or
bar journalists and others from covering developments in West
Papua.

A July 27 Jakarta Post article, authored by prominent Papuan
religious leader Father Neles Tebay, argued that the symbolic
action of handing back the Special Autonomy law would complicate
an already difficult situation for the government, specifically
in its diplomatic efforts to convince the international
community that the autonomy law is fully implemented and has
improved Papuan prosperity.

More Reports of Prisoner Abuse in West Papua

The Jakarta Globe on July 12 carried a detailed report of a July
11 prisoner “riot” in Abepura prison. The violence reportedly
erupted after prison guards beat another inmate and stole his
money.

The report comments that “Abepura Penitentiary has a wretched
security record, with mass breakouts occurring regularly at the
facility. In May, 18 inmates escaped during a protest by
correctional guards over the sacking of then chief warden
Antonius Ayorbaba.

In June, 26 prisoners broke out by scaling down a prison wall
using a rope strung together with bed sheets. Only two inmates
have been recaptured.

“Several correctional guards refuse to cooperate with the new
warden, leading to gross derelictions of duty that have left
security at the penitentiary in an appalling state,” Nazaruddin
said after the June breakout.

Separate reporting of prisoner beatings, failure to provide
adequate medical care are common. A UN Special Rapporteur in
2007 detailed systematic abuse of prisoners. More recent
reporting by Human Rights Watch, Amnesty International and
others have reconfirmed those findings.

A resolution addressing the detention of Papuan political
prisoners is currently gaining co-sponsors in the U.S. Congress.

Indonesian Navy and Fisheries Ministry Collude with Illegal
Foreign Fishing Vessels

Papuans and foreign observers have long been critical of the
Indonesian government for failing to protect Papuan forest
resources which have been exploited, often illegally, with no
attempt by security forces to protect those resources. There are
many well documented reports of security force collaboration
with those involved in the illegal exploitation.

Recent studies by the Indonesian Seafarers Association (KPI),
reported in the July 28 Jakarta Post, document security force
failure to protect Papuan sea resources as well. The KPI study
revealed that although the Maritime Affairs and Fisheries
Ministry had stopped issuing permits to foreign fishing vessels,
thousands were still freely operating. The foreign vessels,
mostly from the Philippines, South Korea and Thailand, fish
illegally with impunity due to the failure of the Indonesian
Navy and Maritime Affairs and Fisheries Ministry ships to
protect Indonesian waters. Instead, “many Navy and Ministry
ships regularly patrol the waters – not to catch illegal fishing
vessels but to extort money from them,” according to KPI
chairman Hanafi Rustandi.

The Seafarers study also revealed that the government’s failure
to control the operation of foreign fishing vessels, contributed
to an increase in cases of HIV/AIDS in the country’s eastern
regions of Papua and Maluku. The KPI study revealed that the
highest prevalence of HIV/AIDS cases are in two fishing ports in
Maluku and in and Papua’s coastal regencies, including Merauke,
Mimika and Fakfak.

KPI Chairman Rustandi noted that foreign ships cost Indonesia
dearly in terms of fish, and have caused incalculable damage in
terms of facilitating the spread of HIV/AIDS in the region.

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