KontraS: Arrest and torture of 13 Papuans have worsened the situation in Papua

(West Papua Media Note: this event also subject to a lengthy and detailed investigation by West Papua Media that will be published in coming days) 

Statement by KontraS on 3 September 2011Arrests and torture of ordinary Papuans by the Police and the Army (Polri/TNI) have worsened situation in PapuaKontraS condemns the appalling practices of torture and criminalisation which were perpetrated by the law enforcement agencies against of a number of Papuan people by the police in Papua. Such activities are a serious violation of their human rights which should be avoided at all costs because they are in breach of a number of legal provisions.

Acts of torture and criminalisation were perpetrated on 31 August, during Lebaran, and occurred early in the morning. when a number violent acts also  took place. These activities were perpetrated against a group of Papuans  and occurred as they were being arrested by the police who were acting in violation of the laws in force. The details of what happened are given in the chronology attached to this statement. [Abridged translation only]

These criminal acts were perpetrated without being credibly justifiable in relation to the allegations being made. We fear that this is part and parcel of the practice of stigmatisation of Papuan people which has been developed by the state apparatus, in particular the police and the army,  in their law enforcement activities.

The practice  of torture is inhumane and is moreover in breach of Law 5/1998 regarding the ratification by Indonesia of the  Convention Against Torture . This means that components of law and the security apparatus, in particular the police, are bound by law to  refrain from such practices  and to punish those who perpetrate such acts (see articles 1 and 2). They are also bound by Law 39/1999 on Basic Human Rights, article 33 of which prohibits the use of torture.

With regard to the police, these acts are also in violation of internal police regulation 8/2009 which clearly prohibits the use of torture.

This latest incident  is an indication of the fact that torture and criminalisation have become integral to police practices when they try to obtain statements (that is to say, confessions) from persons who are suspected of committing crimes. In the second place, this behaviour represents a repetition of previous acts of torture that have occurred in Papua. With regard to the army, they are not entitled to be involved in making such arrests. A year ago, we were all stunned when we saw the brief, amateur video  broadcast on Youtube showing members of Brimob and the army engaged in acts of torture against people alleged to be members of the OPM.

Such practices undermine the confidence of ordinary Papuan people in the police. In the past few months, violent practices have been  spreading throughout Papua  such as  the case of 16 people arrested in 2010 and seven people who were arrested in Manokwari. It is necessary to strengthen the confidence between the government, the various pro-independence groups, civil and customary society  and other elements. It is also necessary to strengthen people’s confidence and respect in the implementation of democratic principles such as the law and human rights. The practise of torture will only make it more difficult to comply with the agenda for peaceful dialogue with Papua.

We therefore call on Kompolnas (the police community) and the National Human Rights Commission to investigate these reported incidents of torture  in Papua. And once sufficient evidence has been found, the perpetrators must be made accountable before the law. This is important in order to show that there is no discrimination in law between Papuan civilians  who are vulnerable to actions by law enforement agencies who are treated like heroes  for taking actions against alleged separatists.

This should also be an occasion for the police to improve their behaviour which has been damaged by the continual practice of torture by members of the police force.

We take this opportunity to remind the President that the continuing lack of clarity in the policy of the government towards Papua is a threat to the security and livelihoods of the Papuan people.

3 September 2011:
Kontras National Executive: Haris Azhar, Co-ordinator.
Kampak (?) Dorus Wakum, Chairperson

A chronology attached to the statement provides details of the place and time of the arrests.

The thirteen arrested persons are alleged to have caused unrest during an Idul Fitri ceremony that was being held on the premises of Brimob. They are alleged to have been involved in shootings in Nafri Kampung which resulted in the deaths of three civilians and one member of the TNI.

During an assault, the police fired shots in the direction of  the Wahno Baptist Church and then confiscated traditional equipment such as arrows, machetes and knives as well as some OPM documents.

The thirteen persons are:

Yawanus Kogoya.
Tinus Wenda
Siki Kogoya
Arinus Wenda
Yusman Kogoya
Mis Kogoya
Bodi Kogoya
Wen Wenda
Denias Kogoya
Ekimar Kogoya
Panius Kogoya
Yeskiel Kogoya
One unidentified person

Third Grand Papua Congress to be held this year

Bintang Papua, 22 August 2011

A national reconciliation team of the West Papuan people consisting of a number of organisations that have been outspoken in their views about the problems of the indigenous Papuan people as well as the policies of the government in Papua have announced that they will be convening the Third Grand Papuan Congress.

Speaking at a press conference at the office of Dewan Adat Papua, DAP,the Papuan Customary Council, Selpius Bobii, chairman of the team, accompanied by Forkorus Yaboisembut., the chairman of DAP, said that they were making
preparations to hold the Congress from 16 – 19 October 2011.

The theme of the Congress will be: ‘Affirming the basic rights of the indigenous Papuan people for the present and the future’. The Congress will to seek to take the Papuan people forward towards turning the Land of Papua into a paradise on earth, such as the Papuan people experienced before coming into contact with outsiders.

As part of the preparations of the Congress, the organising committee plan to meet the Indonesian President ‘This meeting is planned in order to officially inform him of plans to hold the Third Papuan People’s Congress.’ The DPRP, the Provincial Papuan Assembly will also attend this meeting, as representatives of the Papuan people. Selpius stressed that they would be meeting the President only to inform him of their plans. ‘Whatever attitude the government adopts, the Congress will go ahead,’ said Forkorus.

The Congress is the most senior body entitled to take decisions for the indigenous people. ‘All organisations of whatever kind, customary councils, ethnic groups as well as other organisations will be able to present their own agendas.’ The KNPB, the National Committee of the Papuan People, said that they plan to bring about changes that take will them forward to a Free Papua – Papua Merdeka.

The committee also urged the Indonesian government to implement the decisions of the grand meeting of the MRP – the Majelis Rakyat Papua – together with the indigenous Papuan people held on 9-10 June 2010 and to implement the pledge of the DPRP with regard to the Special Autonomy Law, involving the communities living in the Land of Papua as well as the provincial, regional and district assemblies.

KNPB Press Release: Papuan people don’t need welfare, they want a Referendum

The People of PAPUA DO NOT NEED WELFARE Measures, But a REFERENDUM Needs to Take Place Immediately!

West Papua National Committee [KNPB] –
Press Release London, August 25, 2011.

After the mass mobilization of the people of Papua on 2nd August 2011, and the conference of the International Lawyers on West Papua (ILWP) in Oxford England, conflicts and various cases of violence continue to occur in Papua. The events attracted reactions from various parties as they gave their boisterous opinions, statements, and speculative solutions, which do not touch the essence of the conflict in West Papua. The Government of the Republic of Indonesia and various other parties still consider that the conflict in Papua is a consequence of an accumulation of problems rooted in poverty and underdevelopment, as well as the mere result of the failure of special autonomy.

In that perspective, the Government of the Republic of Indonesia feels compelled to issue a variety of policies and development programs in Papua. On the one hand, there are also groups claiming to act on behalf of the people of Papua and that take advantage of the people’s movement to negotiate a solution for a peace dialogue in the Republic of Indonesia, while at the same time, the Government is advised to unfold a Presidential Unit to Accelerate the Development of Papua and West Papua (the so-called “UP4B”).

Whereas, in fact, the people of West Papua clearly and openly demand the respect of their right to self-determination through a referendum. In the heart of every Papuan, there is the burning and irresistible desire to determine their own fate, a principle by which they strongly wish to run their own affairs and to stand as an independent country, free from any occupation. That inner voice resounds in every statement, every speech, every pamphlet and banner, every single time thousands of Papuans come together in mass actions mediated by the West Papua National Committee (KNPB), every single time demonstrations continue to unfold in Papua.

We see and hear in every speech that they, the people of Papua, have never demanded welfare and development through the policies of the special autonomy, nor did they call for UP4B or any other unit or plan, as a guarantee of life within the framework of the Unitary Republic of Indonesia. They do not complain because they are hungry or poor, as they live on their own land which is extremely wealthy, and which continues to be exploited by colonialists and capitalists. The one thing they want is the restoration and respect of their political right, a right that was seized by the forced integration in Indonesia in 1962 and the implementation of the 1969 so-called Act of Free Choice. The people of Papua form a legal entity under international law and by virtue of this they have the right to freely determine their own political future, through the mechanism of a fair and democratic referendum.

Because of the above reasons, we assert that the Government of Susilo Bambang Yudhoyono (SBY) has been mistaken in its understanding of the political upheaval in West Papua that continues to smolder. Speculative assumptions should not be used as a solution in the making of policy. Because in the end, policies that are disproportional will worsen the image of the SBY Government: the trillions of money which continue to be poured into Papua for the realization of Special Autonomy projects, the UP4B, as well as the financing of the army (TNI) and the police, will only add to the already poor record of corruption and persistent human rights violations.

Out of all these policies, the people of Papua will not accept a policy which would be the result of a compromise. The Papuan people will continue with rebellion. And all the way through, the Papuan conflict will never be suppressed by manipulation policies presented under the label of accelerated development.

We convey to the government of Indonesia that they should immediately stop all these policies and immediately show the political will to open up democratic space for the people of West Papua through a referendum, because under international law, the 1969 Act of Free Choice was flawed.

Victor F. Yeimo
International Spokesperson for KNPB
papuaemergency@fpcn-global.org


=============

Victor F. Yeimo,
International Spokesperson for the West Papua National Committee [ KNPB ]
“Tidak ada kemenangan revolusioner tanpa teori revolusioner”


How the Papuan people Continue to Unite in Resistance: Victor Yeimo Interview

http://hidupbiasa.blogspot.com/2011/08/how-papuan-people-continue-to-unite-in.html

[This Interview with Papuan activist Victor Yeimo was published on the
Kontinum website, because of a feeling that little information and
perspectives from the Papuan struggle is available in Indonesia, and so
people outside Papua are not aware of the what is actually going on
there. The original, in Indonesian, can be found at
http://kontinum.org/2011/08/wawancara_victor_papua/%5D

We see Papua’s problems as coming from a combination of problems with
the state and corporations, military violence, ecological damage,
genocide and extinction of indigenous cultures. The Papuan issue is also
a national issue for Indonesia, and one which is not yet resolved. Many
indigenous people are killed and tortured in order to legitimise the
destruction of Papua’s natural riches by the world’s giant companies
together with their closest partners: government.

Constitutional reasons, together with the logic of national unity and a
narrow nationalist view of ‘Indonesianness’ are used to legitimise
repression and oppression of the Papuan people and their land.

But amidst a climate of repression that doesn’t seem to subside, the
Papuan people struggle on, ever-bravely. To get to know the situation
and viewpoint of the resistance movement in Papua, Kontinum interviewed
Victor Yeimo, spokesperson of the West Papua National Committee (KNPB),
one of the people’s organisations that continues the active struggle in
the land of Papua:

Bearing in mind that there is very little and quite selective news about
the Papuan situation and the people’s struggle in the media, could you
explain for all our readers what is the latest situation in Papua?
Human rights violations of civilians by the Indonesian military and
police are still taking place. Global investment has ballooned after the
ACFTA agreement (ASEAN-China Free Trade Agreement), where President
Susilo Bambang Yudhoyono had given instructions to police and military
commanders to use investment as a means of pacifying Papua (see Jurnal
Nasional, 16 May 2011, page 10). China is the home of the majority of
global investors, and the Papuan Provincial Body for Capital Investment
(Badan Penanaman Modal) has reported that there has been a 28% increase
in investment in Papua in the last 6 months.

There have also been cases of malpractice where Indonesia’s bureaucratic
elite have interfered with the governance of Papua. Corruption,
collusion and nepotism have increased due to the central government’s
inconsistency around laws and regulations.

Aside from that, Freeport workers have risen up and have gone on strike
(tabloidjubi.com will have news updates).

Illegal business from the police and military is also on the rise, such
as illegal logging, ,gold panning, bringing sex workers from outside
Papua, dealing in the wood of the eaglewood tree, and so on. Meanwhile
military repression to silence the democracy movement has been getting
more intense, and uses labels such as separatist, terrorist,
trouble-maker and so on.

What do the Papua people think about these situations, and how have they
reacted to them?
The people do not have much power, due to the military strength in
Papua. Meanwhile the government is seducing the people with trillions of
rupiah of foreign direct investment in their ancestral lands, and so in
the end there are many people that do not want to join organised
resistance movements.

The people continue to problematise the history of Papua’s integration
in the unified Indonesian state, which has always been manipulated by
the United States, Indonesia and the Netherlands. Because of that the
people still continue to unite in resistance.

Apart from the problems of history and culture, what is making the
Papuan people refuse Jakarta’s influence in their everyday lives and
want self-determination?
Because Jakarta’s approach is militaristic, exploitative, deceitful and
marginalising. From the beginning right up to the present day Jakarta
has regarded Papuans as second-class people, people close to animals.
And then the next thing they do is that they violate the arrangements
that they themselves have made. They are just not consistent in their
regulations and policy. Policy is also biassed in favour of incomers to
Papua. So the people prefer to think about sorting things out for
themselves. Many Papuans, as a result of all they have gone through,
believe that Indonesia’s sole aim in West Papua is to wipe out the
Papuan people and take control of the territory.

How have government, the bourgeoisie and Indonesian politicians viewed
the Papuan people’s struggle, and what has been their reaction?
They continue to be suspicious of all civil activists that operate in a
legal or democratic way. Indonesia also uses its military force and
criminal law to kill off west Papua’s peaceful movement. They also use
‘divide and conquer’ techniques to destroy the unity and solidarity of
the Papuan people’s resistance. Jakarta has poured a lot of money into
the military, police and intelligence organisations in order to make
Papua secure. Many Papuans have been recruited by enticing them with
money to join the ranks of Barisan Merah Putih (Red and White Front: a
militant Indonesian nationalist civil organisation). Many cases of abuse
by members of the military police have not been brought to justice, and
the perpetrators have even been rewarded with new jobs and promotions.

How have the Papuan people got involved in the struggle for freedom in
Papua? What kinds of resistance have developed?
Papuans take a peaceful and dignified approach, organising
demonstrations, prayer sessions, seminars, writing books or reporting
repression on the Internet. There are also some traditional militant
groups in the national Liberation army – Free Papua Movement (TPN-OPM)
who refer to themselves as a West Papuan military. They continue to use
guerilla tactics to chase the Indonesian army out of their areas.

What is the reaction of Papuan people towards the ‘separatist’ label
that is put on every movement that emerges in Papua?
We’re aware that we aren’t separatists, because the people on the
contrary consider Indonesia to be the separatists, as Indonesia arrived
in 1962 whereas the Papuan state was given independence in 1961.

The people regard this label as one imposed by the people in power, who
are anti-democratic and anti-human rights, as it is stated in the
Indonesian basic law set down in 1945 that colonisation should be erased
across the whole world. The people see this label as something imposed
by the military, to promote their own interests of expanding the
territory under military control in order to profit from securitization
projects. In books, speeches seminars etc. the people continue to state
that we are not separatists, because this land belongs to the Papuans,
it dot belong to Indonesia, the US, Britain or any other country.

How do you see the general Indonesian population’s understanding of, and
response to, the Papuan problem?
Much of Indonesian society doesn’t understand the problems of Papua.
Maybe people have been influenced by the opinion of those in power,
because of the propaganda they spread on TV and in newspapers, that
Papuans are poor, and so on. But actually we’re rich, only Indonesia
keeps marginalising the Papuan people’s rights. The Indonesian people,
with their blinkered nationalism, see the Papuan movements as being
against those in power. But they are also being treated in the same way
by our exploitative, greedy, gun-crazed, corrupt and chauvinist leadership.

For the majority of the Indonesian population, there are very few who
know just how the Indonesian leadership invaded, took over and then
annexed Papua, which was granted independence in 1961, through
agreements to establish Papua’s political status that were devised by
the US, Britain and the Netherlands, without involving the Papuan
people. Most people in Indonesia are still blind to the problems of
Papua and still ignorant of how Papuans have suffered, and so still take
the side of our cruel leaders.

Can you tell us about your organisation, KNPB?
West Papua National committee (KNPB) is a West Papuan people’s medium.
KNPB exists in different places throuout the land of Papua, and also has
consulates in the Indonesian cities of Jakarta and Manado. KNPB was set
up in 2008 with Buchtar Tabuni as chair and Victor Yeimo as General
Secretary. Towards the end of 2006 Buchtar was arrested and condemned to
3 years in prison and Victor undertook the everyday tasks. In August
2009 Victor was arrested and condemned to 3 years in prison. Now the
organisation is operating with Mako Tabuni as Chair I of KNPB, Buchtar
still as General Chair, and Victor Yeimo as International Spokesperson.

KNPB always encourages Papuans to see themselves as historically,
culturally and geographically different to Indonesians. Can you explain
what is the position of KNPB comrades regarding this?
We locate our struggle with the Papuan people. Whatever the people want,
that’s what we fight for. The historical, geographical and cultural
factors are actually like you said. We see that Indonesia’s involvement
in West Papua is no more than a story of protracted repression. This
territory is still like a protectorate. Whatever the people wish for,
that’s what KNPB will mediate as a focus for the struggle, using sincere
means.

What is KNPB’s vision of the “right to self-determination”, in
connection with the Papuan struggle?
Papuans do not regard the test of public opinion that took place in 1969
as final. The people continue to demand the right to determine their own
future. Many Papuans have died as a result of demanding these rights.
Therefore KNPB fights for a referendum as a decisive solution to the
Papuan conflict. This is so that the people can decide whether they want
to continue as part of Indonesia, or if they want independence. In
KNPB’s role as media, it continues to make demands to international
bodies and also appeals to the will of Jakarta so that the people are
given their democratic right to choose their future. Of course we need
the reinforcement of international solidarity, and to this end there is
a group of international lawyers working to investigate the status of
Papua and resolve it through international law.

What sort of Papua do the Papuan people themselves want?
A Papua that is free of all forms of repression: Indonesian
neocolonialism, neoliberalism/ global capitalism and militarism.

How do Freeport and the other corporations that have established
themselves in the land of Papua react to the people’s struggle there?
Freeport collaborates with the Indonesian leadership. They both look
after their economic and political interests in the same way. That means
that they label anyone who doesn’t accept the presence of these
corporations as separatists and terrorists. Freeport takes a line
opposing the Papuan people’s struggle, because in their view it will
harm their capital investments and vital assets.

What is their connection with the Indonesian government and bourgeoisie?
Freeport continues to deceive Indonesia and the Papuan people, but
Freeport wants Indonesia to continue as guarddog of its assets. So
Freeport keeps paying the military and Indonesian bourgeoisie to ensure
guaranteed security and legal favour. Papuans get nothing meaningful
from this arrangement.

What are the priority needs right now for friends involved in the
struggle for freedom in Papua?
-We really need the solidarity of oppressed people wherever they might
be, including people in Indonesia, to work together to chase all forms
of repression out of Papua.
-We really need solidarity from friends in the national press to take
the side of the Papuan people in their reportage.
-We really need consolidation at the national level to shape a
definitive solution for the Papuan people.
-We need some means of production that can be used to protect ourselves
against the ongoing siege of repression in the land of the bird of paradise.

What sort of solidarity do the Papuan people need? And what can friends
from outside Papua do to help the Papuan people’s struggle?
-We would like it if the Papuan issue was regularly discussed by friends
outside Papua.
-We would wish for some sort of national consolidation to discuss and
establish strategy and tactics for a joint resistance.
-We also need advocacy, economic and political information and reading
material that could help us be active in the field.

Thank-you, and respectful greetings to all Papuans in struggle.

Security measures escalate in Papua

Bintang Papua, 20 August 2011

KNPB, the National Committee for West Papua, is scheduled to announce
the results of the meeting organised by ILWP, International Lawyers for
West Papua in Oxford, at 9am this morning , at the tomb of Theys Hiyo
Eluay.

Bintang Papua also reported that Major-General Erfi Triassumu, commander
of the XXVII/Cendrawasih Military Command, said he has not yet had any
reports about the results of the ILWP meeting in Oxford, but said that
the ILWP event has triggered events affecting the security situation,
especially in Papua.

In a meeting with the press, he said that promises made by various
groups were causing confusion among the population. It was not only
because of the armed activities of civilian groups that had occurred
before and after the ILWP meeting. The security situation had indeed
intensified throughout Papua recently, which had happened both before
and after the ILWP meeting.

Other factors were the election of the governor of Papua as well as the
special autonomy law – OTSUS. People were hoping that OTSUS funds would
be evenly distributed among the communities, although some of the funds
could not yet be released.

He said that he along with the police chief in Papua had together
committed to doing what they could to restore a conducive situation in
Papua.

Meanwhile, the district chief of Puncak Jaya, Lukas Emenbe. called on
everyone whatever their differing opinions to hold a dialogue in order
to agree on peaceful solutions. ‘ All these problems can be resolved,’
he said, ‘as long as we publicly express our opinions.’

The military commander, asked whether there would be an increase in the
number of troops in preparation for the forthcoming Idul Fitri [the last
two days of Ramadan] said that organic troops may carry out routine
movements because the Korem under Battalion 751 in Sentani does not
have special units available for security purposes.

Asked about the manoeuvres by armed groups which had been involved in
fighting in urban areas such as in Nafri, he said because of the current
civil emergency status, the police would be in the front line together
with the local government, because the govrnor, the district chief and
the city mayor are the ones who are responsible for security.’

‘I will assist if there is a request from the police for additional
personnel to help the police,’ he said.

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