Tag: Makar

Seven more Papuans facing charges of makar

According to two reports in the tabloid, JUBI on 16 June 2011, there are seven Papuans currently on trial on charges of makar – subversion. In all these cases, the allegations relate to their participation in an event to commemorate the anniversary of the independence of the West Melanesian Republic on 14 December 2010 and their holding aloft the 14-star flag of the West Melanesian Republic. [This is not the Morning Star flag – the kejora – which is also frequently unfurled at peaceful demonstrations in Papua and has landed numerous Papuans in prison over many years.]

The first report relates to the trial of five students of UNIPA – State University of Papua. The five students are Jhon Raweyai, Yance Sekenyap, Penehas Sorongan, Alex Duwiri and Jhon Wilson Wader, whose ordeal in court has now entered its second hearing.

At this hearing, the defendants and their team of lawyers were given the opportunity to submit their demurrers challenging the court’s right to proceed with the trial. Their lawyer Simon Riziard Banundi said that he had submitted two demurrers as the five students were being tried in two groups.

The trial of the two other Papuans on charges of subversion was unable to proceed because three expert witnesses who had been called by the prosecution had failed to appear as promised. These two men, Melkianus Bleskadit and Dance Yenu are also being defended by Simon Riziard Banundi. Banundi sought clarification at the hearing about whether indeed the witnesses had been summoned as the prosecutors had failed to present copies of the summons sent to them. One of the witnesses was said to be ill while no explanation was given about the absence of the other two.

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Open Letter – FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A Open Letter

 

To the Government of Indonesia, Indonesian Youth Activists, Indonesian Human Rights Defenders and Organisations, and the People of West Papua. 

RE: FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A collection Youth/Human Rights Organisations and Advocates based in Fiji (and across Oceania) are concerned with the continued suppression of witnesses and the media regarding the imprisonment and secret court proceedings surrounding the arrest of 5 youth activists arrested on December 17th 2010 for raising the West Papua Liberation Flag.

Five youth activists Jhon Wenda, George Rawiay, Benha Supanga, Alex Duwe, and Iyance have been charged under Article 106 and 110 of the Indonesian Criminal Code.

Some 200 people took part in a peaceful ceremony outside Manokwari in December 2010, during which the Morning Star flag, a symbol of Papuan independence, was raised in commemoration of the declaration of Papuan independence in 1962.  When the flag was raised, Indonesian Military advanced on the crowd, firing shots and beating people with batons.

We have been advised by colleagues within the West Papua Liberation Movement that the health of these 5 youth activist and safety after been detained since December 2010 is of serious concern. They also noted the media censorship on the case and how many witnesses are afraid to testify because of further repression. We have also been told that a heighten sense of fear has been fueled by the continued presence of a 1000 plus military presence in the province of Manokwari that were ordered into the area.

Human Rights and the protection of activists or defenders of these rights must be respected if we are to allow peace to exist in West Papua. Indonesia as a State signatory to the Universal Declaration of Human Rights and many other Human Rights Instruments should see its role in the protection and advancement of Human Rights, Media Freedom, Civil and Political Rights of all peoples they claim to govern.

Indonesia was re-elected this year into the UN Human Rights Council for the period 2011-2014, which is an inter-governmental body within the UN system made up of 47 States responsible for strengthening the promotion and protection of human rights around the globe. Indonesia’s own human rights record has recently been brought to the forefront and we remind State parties of their obligations to ensure citizens are treated with dignity regardless of ethnicity, age or political opinion.

We urge the Indonesian President and Government of Indonesia, Indonesian Human Rights Organisations and all stakeholders  to intervene and ensure the release of the 5 youth activists and to make a public commitment that there will be no further arrests of individuals purely for the peaceful exercise of their right to freedom of expression, opinion, belief or association.  Specifically, we seek to ensure that laws concerning “rebellion” (Articles 106 and 110 of the Indonesian Criminal Code) are not used against people who have engagedonly in peaceful activities.

As we do not seek to advocate a particular position on the political status ofWest Papua, We believe the right to freedom of expression includes the right to peacefully advocate referenda, independence or other political solutions under a free media.  These rights must be upheld and respected.

Signed 

 

Peter Waqavonovono

Young Peoples Concerned Network

Suva, Fiji

 

Sharon Bhagwan-Rolls

FemlinkPacific

Suva, Fiji 

 

Filomena Tuivanualevu

Youth Coalition Fiji

(Former Ms Fiji) 

Suva, Fiji

Merewalesi Nailatikau

Youth Assembly of the Fiji Islands

(Former Ms South Pacific/Fiji) 

 

Veena Singh Bryar

FemlinkPacific

Suva, Fiji 

 

Melei MeleiTuvalu National Youth Council

 

Samuela Vadei

Western Youth United

Lautoka, Fiji

 

Felicity Dronavanua

Change Makers Youth Club

Savusavu, Fiji

 

Siosiua Po’oi Pohiva

 Friendly Islands Human Rights and Democracy Movement Inc

Nukualofa, Tonga 

 

John Tabeo

Rabi Youth Club

Rabi, Fiji  

 

Reginald Prasad

DAWG Youth Club

Labasa, Fiji

 

O A’U ( Oceania Audacities United)

Long Beach, California

‘Amelia Niumeitolu

 

Kris Prasad

Drodrolagi Movement

Suva, Fiji

 

Peni Moore

Womens Action for Change

Suva, Fiji

 

Seona Smiles

Writer

Suva, Fiji

 

Ester Grace

Soccer Initiatives for Girls

Ba, Fiji

 

Discombobulated Bubu

Democracy Advocate – Libertarian,

Fiji

 

Samuel Bird

Malaita Youth Club

Solomon Islands

 

Dennis Mekai

Vanuaku Youth Club

Santo, Vanuatu

 

Frank Lagi

Komas Bahai Youth

Honiara, Solomon Islands 

 

Sepesa Sigatokacake Rasili

Men Fiji

Suva, Fiji

 

Noelene Nabulivou

Fiji/Australia

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Human rights NGOs in Papua may seek international action about violations in Papua

Bintang Papua, 14 June 2011
Jayapura: On the occasion of the tenth anniversary of the Wasior
incident, which was described by Komnas HAM – the National Human Rights
Commission – as a gross violation of basic human rights, two leading
human rights organisations in West Papua, BUK – United for Truth – and
KontraS-Papua – Commission for the Disappeared and the Victims of
Violence, held a press conference in Jayapura.

They said that there has been a failure to show any serious concern
about the violation of basic human rights in Papua. In view of this,
they said that they now intend to bring these cases up before an
international mechanism. ‘There has as yet been no international move
to take action on these cases, but we intend to raise these issues by
waging a campaign in the hope that this will bring pressure to bear on
the Indonesian government to resolve these cases,’ said Selpius Bobii,
the BUK co-ordinator. who was accompanied as the press conference by
the co-ordinator of KontraS-Papua, Olga Hamadi.

He also said that they would make formal approaches by letter to a
number of government institutions as well as NGOs.

‘Immediately after this press conference, we will be sending letters to
Komnas HAM, to the attorney-general’s office, to Amnesty International ,
to the media in Papua as well as to NGOs in Germany and elsewhere.’

The organisations felt that such action was now called for as a way of
exerting pressure so as to ensure that these cases are recognised as
gross human rights violations and are brought before a court of law.

‘It seems that it is necessary to bring pressure to bear on the various
NGOs and on the government to persuade them to be more serious about
resolving a number of human rights cases in Papua,’ they said.

According to data that has been collected by BUK, these cases resulted
in the deaths of six people at the time of the incidents, while seven
others died subsequently as a result being subjected to torture. Seven
people are reported to have disappeared, while no fewer than 305 others
were subjected to sweeping operations known as ‘Tuntas Matoa’.

‘There has also been discrimination against the families of the victims
because their parents have been branded as separatists. This is apparent
from the way that /respect /funds have been distributed, bearing in mind
the fact that the families have been treated differently than others in
the community.’

With regard to the human rights violations that have been perpetrated in
Papua at the hands of members of the Indonesian army (TNI) and the
Indonesian police (POLRI), in all these cases, it has been virtually
impossible to bring them before a court of law. ‘In the case of those
incidents that were actually taken to court, nothing was done to side
with the victims; the perpetrators were protected with the argument that
whatever had been done was in the interest of the security of the state.
An example of this was the Abepura case where those who were found
guilty are no longer behind bars.

The Wasior incident occurred on 13 June 2001. It was triggered when a
person demanded compensation for the theft of his traditional land
rights but this failed to solicit any response. On the contrary, the
people concerned were accused of disrupting security and were arrested,
tortured, and in many cases killed or made to disappear.

‘Cases that have been identified by Komnas HAM as gross violations of
human rights have reached a stalemate.after disputes between Komnas HAM
and the attorney-general’s office, with the latter using formalistic
excuses.

They went on to say that the Wasior case as well as the Wamena case (the
fatal shooting of Opinus Tabuni in August 2010) had been acknowledged by
Komnas HAM as gross violations of human rights but it had been virtually
impossible to deal with such cases because the administrations of the
provinces of Papua and West Papua which came into being following the
special autonomy law (OTSUS) had also failed to respond.

In view of all this, the representative of BUK made the following demands:

1. The president of Indonesia should immediately resolve the Wasior and
Wamena cases and in doing so recognise the fact that Papuans are
citizens of the Unitary Republic of Indonesia, NKRI which means that
their standing and dignity within the state is in keeping with the
values of the Papuan people as citizens of Indonesia.

2. The attorney-general’s office should end its machinations with regard
to the Wasior and Wamena cases and co-ordinate with other state
institutions so as stop their activities which have resulted in
reinforcing the cycle of impunity.

3. The administration of the province of Papua, along with the DPRP,
Komnas HAM-Papua and the MRP (Majelis Rakyat Papua ) should act together
as quickly as possible to ensure that the Wasior and Wamena incidents
are brought before a human rights court in the Land of Papua.

4. A Papuan Human Rights court should be set up immediately.

5. If the government fails to deal seriously with the Wasior and Wamena
cases, we as representives of all the victims of human rights
violations in the Land of Papua will bring these matters before an
international court of law.

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LP3BH report on the trial of five students in Manokwari

Report from LP3BH, the Merauke-based legal aid institute, regarding the charges against five Papuan students who are currently on trial for subversion, makar:First of all, the charges  against the five students, Alex Duwiri, Yance Sekeyab, John Raweyai, Penehas Serongon and Jhon Wilson Wader are not that they unfurled the 14-star flag but that they took part in a long march by students from the State University of Papua – UNIPA – which started at the university campus in Amban, Manokwari on 14 December and went to the Information and Communications Service of the district of Manokwari in Sanggeng, Manokwari.

The five students were arrested  because their faces were identified in photographs taken by a member of the police force in Manokwari while they were taking part in a rally by about fifty students who were on a long march from Amban to show their support for the action to mark the 22nd anniversary of the Proclamation of the Independence of West Melanesia  on 14 December 2010.

Alex Duwiri was arrested somewhere near the the location of the action because his face had been identified in a photograph, while John Raweyai was arrested because he was the Master of Ceremonies of the action. John Wilson Wader was arrested while he was arranging the chairs that were being used during that ceremony, while Penehas Serongan and Yance Sekeyab were arrested outside the Women’s Institute which was about one kilometre from the rally as they were leaving the  event just before it had been broken up by the police. They had left slightly earlier because they wanted to get back to the university to attend a lecture there.

Then, what happened on 14 December 2010 was that Melkianus Bleskadit was taking part in an event to mark the 22nd anniversary of the Proclamation of the Republic of Melanesia that took place  near the premises of the Information and Communications Service  of the district of Manokwari in Sanggeng Manokwari.The event was attended by about one hundred Papuan civilians. Yance who was also there  had been asked to say a prayer and give a vote of thanks at the end of the ceremony.

Bleskadit got onto the platform to deliver his speech but all of a sudden, the crowd started yelling Papua, which they did three times, and Bleskadit pulled out a 14-star flag  and held it up in his hands, whereupon the Manokwari police who were present got onto the platform and arrested him.

Thirdly, the trial of Melkianus Bleskadit and Dance Yenu was held on the following day, Tuesday, 13 June at which  witnesses for the prosecution were heard, as well as some expert witnesses who had come from Makassar. One of the witnesses was an Indonesian language expert, another was an expert in criminal code and the third was an expert in governance law.

Fourthly, the five students are indeed facing the charge of makar based on Article 106 as well as Article 160 on incitement.

Finally, we have not heard anything about pressure being put on the media  regarding their coverage of this case in the Manokwari district court..

From Yan Christian Warinussy

This message was sent in response to a query received by LP3BP from Josef Benedict of Amnesty International.

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AMNESTY INTERNATIONAL: Indonesia must end criminalization of peaceful political protests in Papua

Amnesty International calls today for the immediate and unconditional release of seven prisoners of conscience, arrested and charged merely for their involvement in a peaceful political protest and flag-raising.

Their case highlights the continued failure of the Indonesian government to distinguish between armed groups and peaceful political activists.

A group of activists including students took part in peaceful march on 14 December 2010 protesting against injustice and human rights violations by the Indonesian security forces against Papuans. The march ended at the Penerangan Sanggeng field in Manokwari where other political activists had gathered to commemorate the anniversary of the independence of “West. Melanesia”. These activists are part of a group that emerged in Papua in the mid-1980s advocating the independence of Papua as “West Melanesia”.

During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised. The Manokwari Sub-district Public Order Police (Polres) immediately responded by dispersing the crowd and arresting five students: Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. They also arrested Melki Bleskadit and Daniel Yenu, two other political activists at the demonstration.

For several months the activists were forced to sleep on a wet floor in their detention cell at the Manokwari sub-district police headquarters (Mapolres) and all seven activists contracted malaria and lost a significant amount of weight. Their health and conditions of detention have since improved.

All seven men have been charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

The trial of five of the men, all university students, began on 6 June 2011.

The rights to freedom of expression, opinion and peaceful assembly are guaranteed under the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, as well as the Indonesian Constitution. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under
international human rights law.

Amnesty International calls on the Indonesian authorities to withdraw a 2007 government regulation that bans the display of regional flags which are used by separatist movements. Amnesty International believes that this regulation is contrary to the spirit of the 2001 Special Autonomy Law that granted Papuans the right to express their cultural identity.

Furthermore, the ban on waving these flags cannot be considered legitimate grounds for restricting freedoms of expression and association as set out in the ICCPR.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

Amnesty International has reported on dozens of arrests in recent years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Papua and Maluku.

Prisoner of conscience Filep Karma is serving a 15-year prison sentence for taking part in a peaceful ceremony in December 2004 in Abepura, Papua, where the prohibited pro-independence  “Morning Star” flag was raised.

Most recently, in August 2010, the police, including the Special Detachment-88 Unit (Densus-88), arbitrarily arrested 21 men in the province of Maluku for planning peaceful political activities. The police reportedly tortured or otherwise ill-treated 15 of them during their arrest, detention and interrogation in order to force them to confess.

All 21 were charged with “rebellion” and are serving prison sentences of between nine months and three years.

Link: http://www.amnesty.org/en/library/info/ASA21/012/2011/en

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