Tag: Law

Deal with the rectification of history first, says Indonesia

*“Deal with the rectification of history first”*Bintang Papua, 3 October 2011

JAYAPURA – The claim made by the Committee for the Third Papuan People’s Congress (scheduled for 16–19 October) that they already have the support of the government has received a pessimistic response from a member of the DPRP, the Papuan Provincial parliament, Dr. Johanes Sumarto. He said that the Papuan parliament is urging the Third Papuan People’s Congress Committee to deal first with the unfinished agenda of the Second Papuan Congress, then talk about the issue of a third congress. He said that as one point on the agenda remained unfinished, that is to say, the rectification of history had not yet been successfully dealt with, it was not the time to start dealing with more agenda items. Because of this, said Johanes, pushing ahead with the Third Papuan People’s Congress before outstanding agendas had been dealt with was a waste of time, funds and energy. “The [agenda of the] Second Papua Congress has not been finished and now they want to have a third – this is a waste of energy, money and so on,” said the representative of the Gerindra Party when contacted by Bintang Papua at his office at the Papuan local parliament in Jayapura on Monday (3/10).

According to Johanes, once the agenda of the Second Congress is finished, this should be reported to the government and along with the plan for the Third Congress. “This in no way diminishes the will to hold a Third Papuan People’s Congress. I value their desire to have this congress. But this is a question of efficiency of the activity,” he added.

The problem according to him was that the Second Congress received the blessing and financial support of the central government via former President Gus Dur [Abdurrahman Wahid), to the tune of one billion rupiah, whereas this Third Congress had not yet been approved by the government. “The central government hasn’t approved it yet, but neither have they opposed it,” he said.

As reported in this newspaper yesterday… [repeats article of 2 October 2011].

Translated by TAPOL

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Committee claims that Third Papua Congress has Jakarta’s support

To be held 16–19 October
Bintang Papua, 2 October 2011JAYAPURA – Despite failing to meet directly with President Susilo Bambang Yudhoyono (SBY), Team 7 of the Third Papuan People’s Congress, lead by Selfius Bobii stated that they had received a positive response from the central government. On Saturday 1 October, at a press conference held on his return from Jakarta, Selfius Bobii said “I and the Jakarta team have met with the Deputy Head of the Internal politics section, Judy Harianto of the Ministry for Politics, Law and Security,” accompanied by the entire Third Papua Congress committee. Following the two meetings held with the Ministry of Politics, Law and Security, according to Bobi, the central government has responded well to the planned agenda for the Third Congress. “If the president is free then he will open the conference, otherwise he will be represented by a minister,” he explained. During this opportunity in Jakarta, invitations were given to the Ministry for Politics, Law and Security and to the Secretary of State, for the President. “They (the central government) will be present as the keynote speaker,” he explained.

It was added that the congress organisers, who at this point have not yet confirmed the venue, have also invited all foreign embassies. In reference to support requested from Papua’s provincial government, according to Bobii there was none as yet. “We went to the DPRP several times, but the situation has been like this for ages… so we just let it be,” he explained disappointedly.

The Third Papua Congress will begin with a blessing on Sunday 16 October 2011. It will then be formally opened on Monday (17/10). He said that the Third Papua Congress is part of the democracy process in Indonesia and is supported by international law and national Indonesian law. The Third Papuan People’s Congress is also aimed at the fulfilment of human rights. In the matter of law and human rights, the state and government hold the status of protectors, said Selfius Bobii on Sunday 1 October at the press conference. Bobii said “As a democracy festival for the Papuan people at the highest level, the momentum of the Third Papuan People’s Congress on 16–19 October 2011 will be attended by representatives of the Papuan people from both outside and inside Papua, in an attempt to provide leadership for their aspirations in a dignified and democratic fashion, using democratic mechanisms which are supported by international law and the state constitution of the Republic of Indonesia.”

Bobii went on to say: ‘Invitations to all foreign countries and embassies have already been sent, and the majority have already responded that they will be present at the Third Papuan People’s Congress. There are those who have not yet responded, but of those internal invitees, 99% have already responded, leaving only 1% of our friends who don’t yet understand the right to struggle,” he said. When asked about the problem of TPN/OPM who do not agree with the agenda, Bobii firmly stated “We are well aware of each group’s position and we’re not going to try to interfere, but we respect and support each other in accordance with our respective roles. The Third Congress is a consolidation of the Papuan people, both in the towns and outside the country. Since 1965 the struggle came from the towns to the forest, then between 1991–1998 the struggle returned from the forest to the town, and now the struggle is already in the towns, do we want to go back to the forest again? Because of this we speak of our self-awareness and the roles of each group. If it’s the civilian wing…? Then the civilian wing has to know their role. Likewise if it’s the diplomatic wing, he should know what his job is…! So I am emphasising self-awareness and for each to carry out their role. We have already told our elders who previously did not agree that this is no longer the time for weapons and violence, it’s different now,” Bobii said firmly, continuing: “The struggle today is a peaceful struggle, in accordance with the decision of the Second Papuan People’s Congress; the peaceful struggle must be defended, because the peaceful struggle is sacred” he remarked. “We hope that in this struggle, nobody will be dishonoured,” he added.

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Hana Hikoyabi formally challenges interior minister for rejecting her membership of the MRP

From Bintang Papua 1 May 2011,[Abridged in translation by TAPOL]

By Hana Hikoyabi

Although I was elected democratically as a member of the MRP – Majelis Rakyat Papua – from election constituency 1 and my election was confirmed by the  the district chief and the governor, my membership has been rejected by the Interior Minister, like someone who has been found guilty though nothing has been proven in a court of law, I wish herewith the challenge the minister’s decision which is quite without any justification.

I fully conformed with all the procedures as required. including police requirement, for the district  of Jayapura district, the Keerom district for the period 2011 – 2016.

According to informed from the MRP secretary I was referred to  as being  a person not suitable for membership because I do not conform with the requirements.

According to government decision 64/2008, anyone whose membership is not acceptable can seek clarification.

I object to the decision of the interior minister to the effect that the membership of Dra Hana Salomina Hikoyabi and Drs Agus Alue Alua cannot be confirmed as members. as we do not conform with the requirements under article 4 (c), (d)  and (h). This article  says that members must be loyal  to the  Pancasila and have a strong commitment  to protecting the community and loyalty to the Indonesian Constitution, should be a person of high moral standing and be a model to the community.  and has not been found guilty of anything under law. These requirements are set down clearly under law.

According to PP54/ 2004 regarding the MRP,  the person shall not have been found guilty in a court of law for committing a crime and receiving a sentence of five year or more.

In accordance with the above,  it is clear that the decision to reject my appointment as  member of the MRP is in conflict with the law, because it is not based on any court verdict.

This places me in the difficult position of  having been responsible for an act of treason – makar – whereas at the time that I nominated myself for member of the MRP form 2011 – 2016, I received an official confirmation from the local police and from the local court of law that I am well-behaved and have never been found guilty of anything or convicted of anything

The minister’s decision means that the statements issued by the police and the Jayapura district court are unlawful. It also means that the administrative procedures regarding personnel cannot be relied upon as the way of handling the governance. in accordance with the rule of law.

[Note: The MRP consists of Papuans from three groups, women, youth and traditional clans.]

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Charges against two Papuan defendants at variance with other court documents; also, statement by Warinussy

JUBI, 31 March 2011 

The formal indictment presented in court against Mecky Bleskadit and Dance Yenu who are facing the charge of unfurling the 14-star flag  in Manokwari last December is at variance with the verbatim report submitted to the court by the police.

A member of the legal team of the defendants, Simon Richard Banundi, said that the charge sheet  does not reflect the contents of the interrogation report which provides a chronological account of the police arrest and they intend to make a formal complaint about this when they submit their demurer (eksepsi) at the next hearing of the case on 5 April.

Banundi said that the two defendants were facing charges under Article 106  of the criminal code for makar and they are also accused of being separatists. The charge sheet also makes reference to Articles 107 and 110 for alleged provocation of a large number of people. After the indictment was read out, the hearing was adjourned and will continue on 5 April.

Yan Christian  Warinussy, co-ordinator of the defence team, later told the press that  when submitting their demurer, he would deal at length with the continuance in force of the makar article and the other articles used in the charge sheet. These articles are being used to silence Papuan activists whenever they give expression to their aspirations and can even result in their ending up behind bars.

The two defendants along with five others were involved in an incident when they unfurled the 14-star flag to commemorate the anniversary of the declaration of West Melanesian independence on 14 December 2010 in Manokwari, West Papua.

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In a statement issued on the following day, the co-ordinator the defence team, Yan Christian Warinussy said that even though articles 102, 106, 108 and 110 can be described as being ‘karet’ (highly flexible), they have been used since the days of President Sukarno and up to the present era of reformasi. to silence people holding  views contradictory to those in power and are still being used by elements within the judiciary and including the police, against people calling for democracy in the Land of Papua as well as in Maluku and Aceh.

He said that the activities that had been undertaken by the two defendants last December had led to charges of makar whereas what they had done should not be seen as makar or separatism. Makar should be seen as an act involving armed violence  or violence. Can the expression of people’s aspirations  such as unfurling the 14-star flag or the Morning Star flag (kejora), or singing the song, Hai Tanahku Papua be branded as makar or separatist?

The government should stop using these articles and there should be a judicial review and an end should be put to using these articles to silence democratic actions in the Land of Papua.

A movement must be launched to call for a judicial review of the makar article must secure the support of all components of society as well as the local governments of Papua and West Papua.

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Call for judicial review of makar article

JUBI, 31March 2011 

‘Makar’ should be tested before Constitutional Court

Yan Christian Warinussy, the executive director of LP3BH, the Instituteof Research, Analysis and Development for Legal Aid, has called on the Dewan Adat Papua, the Papuan Customary Council, to submit the ‘makar‘ -subversion – article in the Indonesian Criminal Code/KUHP to the Constitutional Court for a judicial review.

‘I call on DAP together with the Papuan people to seek a judicial review of the makar article before the Constitutional Court because it  is no longer appropriate for such a law to remain in force in a democratic country like Indonesia. ‘Other democratic states around the world don’t have such a law,’ he said, ‘because it is so out-of-date.’

He said that this should be recognised by all components of Papuan society, including DAP and should be tested by a judicial review.’

If this article continues to remain in force, the police will be able to make use of it to arrest Papuan activists when they give expression to their political aspirations to the government. This includes rejecting the special autonomy law and calling for dialogue as the way to resolve the Papuan issue and various other problems in Papua.’

This article can also be used by prosecutors and judges to convict Papuan civilians and activists when raising problems that they confront. ‘In my opinion, this article will continue to be used  to round up and imprison indigenous Papuans whenever they give voice to their aspirations.

He said that the police continue to use articles 106 and 107 of the criminal code on subversion and incitement to detain Papuan activists whenever they raise any problems in Papua, he said.

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