Civil Society Coalition: Reflections on Human Rights in the Papuan Special Autonomy era

Press Release issued by the Coalition of Civil Society to Uphold Human Rights in the Land of Papua

Special Autonomy – OTSUS – came into being at a time of struggle when the Papuan people had become the objects of development, resulting in  many incidents of violence and human rights violations over many years. This was acknowledged in the introductory paragraphs of the OTSUS law and Articles 45- 47 of OTSUS,   in which the State acknowledged that mistakes had been made. There were hopes that an era of truth would emerge by means of creating peace and the right to life for the people of Papua. At the same time, however, there were groups who were against the enactment of OTSUS.

After being in force for nine years, these hopes have not been realised in accordance with expectations. There have been a numebr of  very serious  cases, such as Warior, Wamenda, Puncak Jaya, Tingginambu, Serui, Abepura and UNCEN, Mamberamo, Nabire, Manokwari and the arrest of a number of pro-democracy activists, the most recent of which being threats against journalists that have occurred with increasing intensity during the course of 2010. During 2010, there were at least five acts of violence against journalists . In July 2010, Ardiansyah Matrais who worked for Merauke TV and the JUBI tabloid was found dead after having received threats and being followed in Keerom, a typical example of cases that have occurred during the OTSUS era.

None of these cases have been properly resolved by legal procedures as required by the law, meaning that the people of Papua have no sense that the perpetrators have been brought to justice by the State.

The situation had been made even worse because the civil authorities in Papua have created the impression that they exert no authority or are too weak to handle cases of human rights violations. None of the civil authorities, the DPRP, the MRP or the Governor, have raised their voices or offered to mediate with institutions in power  whenever violence has been  experienced by civil society, meaning that there has been a virtual absence of control by the civil authorities. Even worse is the fact that the human rights agendas of OTSUS have been completely neglected and have been given no place whatever in the policy of development in Papua.

We members of the Coalition of Civil Society Organisations feel deeply concerned at and mourn the death of the enforcement of human rights and peace in the Land of Papua. We therefore propose the following to all those who have an interest in the Land of Papua.

1.  The Central Government

Should promotee and foster dialogue between Papua and Jakarta for a compehensive solution to all the problems in Papua that have occurred since Papua was integrated into the Republic of Indonesia/NKRI because OTSUS has been incapable of becoming the final solution in restoring relations between Jakarta and Papua.

The central government should, starting now, change its view  of Papua as an  area of conflict because such an attitude  can only cause continuing political crises in Papua because of the security approach and the use of the law. Experience has shown that such an approach has failed to end resistance  by the Papuan people, even causing the emergence of new Papuan movements.

End all forms of stigmatisation of the Papuan people because this is deeply humiliating for the Papuan people who have ceased to have any confidence in development undertaken by the central government in Papua.

Evaluate and reconsider that policy of dispatching non-organic troops to Papua because  many cases have occurred as a result of the presence of these troops and have resulted in new problems within society, while revealing a lack of sensitivity for the local values of the people.

The government should make public the size of the defence budget for the deployment of troops to Papua because these funds are extracted from the state budget, while the public in Papua, especially the Papuan people, should know what are the objectives of all this, how many personnel are involved, the locations where they are deployed and the amount of the funds being used for all this during the course of a single year.

To enhance human rights policies that take sides with the victims in the Land of Papua. This is because there is the erroneous view that the problems in Papua are only about the economy. As long as the central government persists in holding this view, disturbances will continue to occur in Papua.

The police force must act professionally in the performance of their duties and not discriminate against the Papuan people when they uphold their basic rights as citizens, while at the same time striving to restore confidence in the police.

Treat all prisoners in accordance with the procedures in force and the rule of law, so as to safeguard dignity and humanitarianism while steering clear of all arbitrary treatment, in particular ending the practice of torture.

The use of military courts as has recently occurred in Jayapura is proof that these military tribunals are incapable of creating a sense of justice for the victims and among  the public and are far removed from the basic human rights standards adopted by the Indonesian Government with its ratification of the International Covenant on Civil and Political Rights by the adoption of law 5/1998 which established the basis for fair trials.

2. The Government of Papua.

It should never forget or neglect  the human rights agenda in policies pursued in the Land of Papua, because up until now, more  emphasis has been placed on the economy and welfare. There must be a balance between these two agendas.

Treat all prisoners in accordance with the rule of law, guaranteeing people’s sense of dignity and humanitarianism  and avoid all arbitrary actions, in particular the practice of torture.

The Governor, the DPRP and the MRP  should coordinate with each other and respond quickly to cases of violence  and human rights violations in the Land of Papua. The absence of such an attitude  is proof that these civil institutions have no commitment to upholding human rights in Papua and will only intensify public mistrust of these institutions in the eyes of the Papuan people.

All programmes regarding the economy and welfare should be gender specific  and take the side of the victims of human rights violations, in particular taking due regard for the education and health of the victims and their families including the granting of reparations.

To immediately set up a team to draft a special regulation  (Perdasus) for a Truth and Reconciliation Commission and a Human Rights Court as provided for in OTSUS, bearing in mind that these matters have not been dealt with during the nine years since OTSUS was enacted, and have been forgotten altogether.

Jayapura, 9 December 2010

Australian Greens: Government fails to cut ties with torture unit

Australian Greens

Government fails to cut ties with torture unit

Media Release | Spokesperson Scott Ludlam

Wednesday 8th December 2010, 4:46pm

The Australian Greens have criticised the Government for failing to take action in response to allegations an Indonesian unit supported by Australian authorities has used torture against peaceful protestors.

On November 4 this year Greens legal affairs spokesperson, Senator Scott Ludlam, called on the Government to stop funding Detachment 88, an Indonesian “counter-terrorism’ unit that has been linked to a series of human rights abuses.

“Demonstrators arrested in Ambon, in Maluku, unveiled their independence flag at an event at which the Indonesian president was present – this had nothing to do with terrorism whatsoever. They were subsequently jailed and many of them tortured and hospitalised,” Senator Ludlam said. “70 political activists in Maluku have been imprisoned since 2007.”

The Department of Foreign Affairs and Trade reported this week that the total Australian Federal Police financial support for counter-terrorism initiatives in South East Asia in the 2009/10 was $16.3 million. DFAT said while the AFP is not directly involved in Detachment 88 operational activities, the AFP’s support to the Indonesian National Police includes that unit.

Senator Ludlam said that while Australian officials provide support to Detachment 88, it is not enough to leave investigations of the unit’s conduct in the hands of the Indonesian authorities.

“We are told the AFP does not have the power to investigate what Detachment 88 has done, but it does have the power to stop funding and supporting the unit,” he said. “The United States introduced a ban on training or assisting Detachment 88 members in Maluku in 2008 after the allegations of torture first emerged in 2007, but our Government has not issued a similar ban, which is much-needed.”

Detachment 88’s major facility at the Jakarta Centre for Law Enforcement Co-operation was established in 2004 with almost $40 million of Australian funding. According to its website, most of the counter-terrorism seminars at the Centre are run by the AFP, and it is a major beneficiary of $16.3 million in annual funding allocated to the AFP to combat terrorism in south-east Asia.

http://scott-ludlam.greensmps.org.au/content/media-release/government-fails-cut-ties-torture-unit

Video Testimony of Torture Victim Tunaliwor Kiwo

Video Testimony of Kiwo

(Subtitle – English)

From Dewan Adat Papua via EngageMedia.org

In this video West Papuan farmer Tunaliwor Kiwo recounts the details of his torture by Indonesian soldiers on May 30 2010. Indonesian soldiers arrested Kiwo and his neighbor Telangga Gire on May 30 in Papua’s Puncak Jaya regency. This video was shot on October 23, 2010 and released by the Papuan Customary Council. Kiwo describes the torture he suffered for 2 days before escaping from the soldiers on June 2.

 

Related content

* News Item Transcript of Kiwo’s Torture Testimony (English)
* Video Torture of Tingginambut men (Papua) – English Subtitles
* Video Video Testimony of Kiwo (Subtitle – Bahasa Indonesia)
* News Item Transcript: Tunaliwor Kiwo Testimony (Bahasa Indonesia)
* Video Kiwo Testimony, High-res, no subtitles

Full Description

After the public release of the torture video the Indonesian government promised to investigate but now claims it cannot identify the perpetrators and is dragging it’s feet on taking action.

In the 10-minute torture video previously released to the public on October 18, soldiers are seen kicking Kiwo’s face and chest, burning his face with a cigarette, applying burning wood to his penis, and placing a knife to Gire’s neck. Indonesia is party to the UN Convention Against Torture and has strict obligations to promptly investigate and prosecute all incidents of torture and to ensuire that victims and witnesses are protected against all ill-treatment or intimidation as a consequence of any complaint or evidence given.

Copyright 2009, by the Contributing Authors. Cite/attribute Resource. dewanadatpapua. (2010, November 19). Video Testimony of Kiwo (Subtitle – English). Retrieved November 23, 2010, from EngageMedia Web site: http://www.engagemedia.org/Members/dewanadatpapua/videos/kiwotestimony_en.

This work is licensed under a Creative Commons License

On a mission to expose abuses in West Papua

By Teoh El Sen

FMT INTERVIEW PETALING JAYA: Hunted by the military, human rights activist and documentary filmmaker Wensi Fatubun left his home in West Papua, Indonesia, and continued his fight abroad.

“I received an SMS threatening me to back off from my investigations or I’ll face death. I then found out that the Indonesian military was tracking me. I had to throw away my phone. Just five days after I left and reached Bangkok, my friend, a journalist, was dead,” said Wensi, 29, who spoke to FMT in an interview here recently.

The naked body of Wensi’s journalist friend, Ardiansyah Matra’is, was found in a river. Police there had claimed the death was suicide.

Wensi, who had worked closely with Ardiansyah investigating illegal logging and corruption, said he was sure his former colleague did not kill himself.

“I believe his death had something to do with the investigative work he has been doing, especially on the Merauke Integrated Food and Energy Estate (MIFEE). Before he died, a few journalists, including me received the same threatening SMS,” Wensi said, adding that such violence was not uncommon in Papua.

Wensi is on a roadtrip in Malaysia to spread awareness about the critical situation in Papua, and he would be travelling to the Philippines next to seek further support.

For almost 50 years since it was absorbed into Indonesia in 1963, West Papua, also called Irian Jaya (on the west side of the New Guinea island), has struggled for independence.

It has suffered various human rights violations mostly carried out by Indonesian security forces – intimidation, torture and brutal killing of villagers, activists and journalists; with human rights groups estimating tens of thousands of natives killed.

Worst poverty

The military is also alleged to be involved in illegal operations such as logging, prostitution and trading in endangered species to make a profit. Human Rights Watch claim Papua has the worst poverty in Indonesia, and the biggest HIV problem in the country.

Foreign media and NGOs are banned from going to West Papua.

Wensi said Ardiansyah’s death was tragic but it also strengthened his resolve to continue his simple yet difficult mission: to spread word about the abuses in Papua to other countries, and get help and support.

“I am not afraid. If I stayed in Papua, I could have been killed so I must continue this fight,” said Wensi, who worked as an investigator with a church-based organisation as well as assisted Human Rights Watch’s investigations into the human rights situation. He also trained young people to make documentaries.

Recently in October, the video of two Papuans tortured by soldiers shocked the world. The video depicted farmers Anggen Pugu Kiwo and Telengga Gire being violently interrogated by the military, who also burnt one of the men’s genitals. However, five men who were involved in a separate incident were charged.

Wensi said that such military oppression and torture happened to Papuans “every single day”.

“Before I became an activist, three of my friends were also tortured and interrogated by army personnel who wanted to know if there were part of a he separatist movement. One of them died this year,” said Wensi, who also trains young people to make documentaries.

He said that in West Papua, to be a journalist, activist or someone who fights for human rights means that you were a “separatist”.

“I am often called a separatist, an enemy,” said Wensi.

“Just last week, secret documents exposed by US freelance journalist Allan Nairn showed that US-backed Kopassus engaged in ‘murder and abduction’ and defined civilian dissidents as the ‘enemies’ in the province of Papua,” said Wensi.

Kopassus or Special Force Command is an Indonesian army special group that conducts missions for the government such as counter-terrorism and intelligence gathering.

Last July, the US government lifted a decade-long ban on US training and military assistance to Kopassus, which is considered a US ally in the fight against terrorism.

Asked how can Malaysians help Papua, Wensi said: “In any way you can. But mostly show solidarity with us whenever you read of news of military torture in my province. If in the past, Malaysia had joined Indonesia, it would now be suffereing the same fate as Papua.”

Below are exceprts of the interview:

Why did you choose to be an activist and not migrate to Papua New Guinea?

I chose to be an activist and filmmaker because I felt the need to be with the people and fight from the perspective of the people. I wanted to make documentaries as seen through the eyes of oppressed. I grew up in a village in Yodom and I saw with my own eyes a company, PT Korindo Group, take away the people’s land. As a result, the people have no place to hunt and farm. And after awhile the company leaves, but the people suffer because the richness of the land is all but gone.

Was there a specific incident that spurred your activism?

Well I saw my neighbours, my friends and my friends’ families arrested by militants. They were called Free Papua Movement (OPM). They were called separatists when in fact they were the intellectuals, the progressives. In 2005, three of my former school mates were tortured by army personnel, who claimed they were OPM members. They wanted to know “where my friends kept their weapons”. They poked a cigarrette butt into the eyes of one of them, who became blind. Another ran away and never came back. The third suffered a broken jaw and injuries to his backbone. For five years he could not walk or sit like a normal person. He died in July this year.

Why do you keep continuing this (fight) despite the dangers?

I feel that there are not many like us. Some of the activists and journalists in Wes Papua are siding with the government and the people there do not have a good idea of what is going on. The Human Rights Commission has written about these cases but there are no solutions. For example, in one incident, the people of one village had clashed with another but it was labelled as a ‘tribal war’ and gave a wrong impression that the natives are still primitive. A lot of people out there are not aware of the situation.

Were there incidents you could not forget?

The worst was when I interviewed a girl who was only 17 when she was raped by a soldier and she later carried his child. It was hard for me because she was so young. She dropped out of school later. Now she is waiting for justice but no one is doing anything. I could only tell her to wait and be patient. I know that the Indonesian police and military do not care, they are not doing anything. But she is still waiting. She was given two million rupiah for her pain and loss. That’s all. She kept crying when she was talking to me and all the while holding her ‘daughter’. I was very angry and sad and I felt like punching an Indonesian soldier.

What are some of the problems in Papua you would like to highlight?

A persistent problem which involves the military and the government is land grab. The big companies will come in and take away the land of the Orang Asli. One such mega project is the Merauke Integrated Food and Energy Estate (MIFEE). This is a 1.6-million-hectare integrated food-production zone where companies are supposed to grow, process and package their products. It has 32 foreign investors coming in to develop 32 districts in Merauke, southeast of Papua.

What they are doing do not benefit the Papuans at all. The people there don’t like this because this would mean the demolition of their buildings and their holy sites. The people have written many times to the president and held demonstrations but to no avail. The Indonesian government does not care. The leader of one group formed to oppose this project was arrested. Anybody who disagrees will be targeted. The authorities also intimidated me because of my opposition against the MIFEE project.

How were you intimidated?

I was told that the regent of Merauke Jhon Gluba Gebze had instructed his men to target me. I also received an SMS saying that I would be killed if I continued to oppose the MIFEE project. This was one of the reasons I left West Papua for Thailand. I was told by reliable sources that they had formed a five-men team to hunt me down.

What are the other issues in Papua?

So many. There are so many problems there. First and foremost, the military there is working together with large companies to exploit the land of the Orang Asli, the Papuans. If you come to West Papua,the moment you step off the plane, you would see the military. In every village, there would be 17 to 20 army personnel… this is not good.

Recently, there was a Youtube video depicting the torture of Papuans by military men. Does this happened often?

These things – beating and kicking villagers – happened every single day.

You mentioned that you interviewed victims raped by army men. How bad is that?

It’s not that good. Our interviews were conducted in the Budul village from 2006 to 2010. We managed to find that there were some 54 cases there and interviewed the women from 19 years of age.

You mentioned that prostitution and HIV are a big problem too?

Yes, I believe that in the whole of Indonesia, Papua is number one in prostitution. What is worst is that the police and the military are the pimps; they are the ones who facilitate prostitution. Prostitutes from Jawa, Surabaya, Sulawesi, and Manadao come to Papua and many are also infected with HIV.

In one case, I visited one of the villages in Assue. A prostitute told me that she knew she had HIV but everyday she had sex with 10 Papua men. And in the same area, there was a nurse who admitted to me that she had used a single needle for the whole village… and the result was disastrous. In less than a week, from three people who are HIV positive, our tests found 35 more had been infected.

The problem is that the people of Papua don’t know anything about HIV/AIDS. This is because they lack education. It’s a sad truth: we have health facilities in almost all Orang Asli villages but zero doctors. Papuans are just waiting for help. So in the meantime they used their own primitive methods to cure themselves.

What other cases or examples can you tell us of the human rights abuses in Papua?

There are so many. Okay, in one fishing village, three people were shot dead, and some villages were burnt because the local fishermen were against companies coming in with their large boats to fish in their area. Nine policemen were charged in court but were released because the excuse given was that they were shooting at separatists. There was also a border incident. The military erected some buildings at the border between West Papua and Papua New Guinea. But the people who opposed it were beaten and the women raped. The military also forced youngsters, aged between 16 and 20, to sell items to the people in Papua New Guinea. If the things are not sold, they would be tortured. I know of six teenagers who hid in Papua New Guinea because they were afraid to return. I interviewed one of them.

You said the military there is so cruel. Why?

I think the army is behaving like this because it is taking orders from its political masters. Besides, it does not like the Orang Asli. I once sneaked into a military meeting and saw the army slideshows. Based on these, I know that the military thinks that Papuans have no nationalistic feelings and must be beaten so that they love Indonesia.

Why are foreign journalists and NGOs not allowed in West Papua?

Foreign journalists and NGOs are not allowed inside because I believe the government does not want the world to know the true situation there. It does not want people to know how bad the situation was after the annexation of West Papua into Indonesia.

What is your hope?

My hope is that Southeast Asia will know about the situation in Papua. Help us. Show solidarity. If there is military torture, we can protest together. I must continue writing and producing more films so that more people can understand the situation in Papua.

West Papua deserves Barack Obama’s attention

The Guardian, UK

    brown In his autobiography Dreams from My Father, Barack Obama recalls a conversation with his stepfather who had just returned home after a tour of duty with the Indonesian military in West Papua. On asking him: “Have you ever seen a man killed?”, his stepfather recounted the bloody death of “weak” men. 

    Last month, video footage circulated online showing members of the Indonesian security forces brutally torturing Papuan civilians, including burning the genitals of an elderly farmer. It seems as far as West Papua is concerned, some things never change.

    Earlier this year, the US administration announced the re-establishment of military ties with Indonesia’s Kopassus special forces – the same forces implicated in the atrocities of East Timor. Leaked Kopassus documents released last week, have heightened fears that Indonesia’s claims of military reform – a condition of the US deal – are without foundation. The documents show that Kopassus continue to engage in “murder and abduction” and include a target list of “enemies of the Indonesian state”, including West Papuan church leaders, political and student activists.

    Last year I travelled to West Papua to film an undercover documentary about the independence struggle. I found a land where the remnants of the Suharto era very much live on into the modern day – far from the image of democracy that Obama painted in his speech to the Indonesian nation.

    Reports of human rights abuses by the security forces against the indigenous population have constantly trickled out of the territory. Human rights groups estimate that 100,000 Papuan civilians have been killed by the Indonesian security forces since West Papua was colonised in 1969. Papuans argue that the continued ban on foreign media and human rights groups from entering the region is evidence that the Indonesian authorities are hiding something far more sinister. Last year the International Committee of the Red Cross was expelled from West Papua, and it has not been allowed to return since.

    In West Papua it is not uncommon for people to receive prison sentences of up to 15 years for raising their national flag. Even events here in the UK can land Papuans a jail sentence. Last year, two men were jailed after taking part in a peaceful demonstration supporting the launch of a West Papua lobby group in the British parliament. Whatever definition of democracy the Indonesian government claims exists in West Papua, it is not one that any of us would be familiar.

    The challenges facing West Papua are vast. Despite being a land rich in natural resources, it remains the least developed and poorest part of Indonesia. Freeport, the world’s largest gold and copper mine, part-owned by British-Australian firm Rio Tinto, is located on tribal lands close to Puncak Jaya, the highest island peak in the world. BP also has its feet in West Papua, too, operating a natural gas plant in Bintuni Bay. It is an irony that in a land so rich, the Papuan people remain so poor.

    Obama’s refusal to publicly raise the West Papua issue during his visit to Indonesia disappointed many. The Indonesian government have shown no desire to enter into meaningful dialogue with the Papuan people, and bitterness and resentment are threatening to boil over. Many Papuans believe only UN intervention and a rerun of the 1969 referendum will solve the decades-long conflict.

    If the horrors of East Timor are to be avoided, then the US and other western governments need to give West Papua the attention it deserves. Obama’s mother, a cultural anthropologist who spent much of her life helping those marginalised in society, would expect nothing less.

Create a website or blog at WordPress.com

Up ↑