Tag: Makar

News from Papua: Filep Karma refuses offer of remission; Census time: huge increase in population of Papua

Articles from Bintang Papua, 17 August 2010
Abridged in translation

While prisoners everywhere will await anxiously for the moment when they
may receive remission of their sentence, this is not the case with a
prisoner charged with ‘makar’ (treason).

Filep Karma (who is serving a 15-year sentence) has once again rejected
the government’s offer of a remission. He made his decision known in a
two-page letter addressed to the minister for law and human rights,
Patrialis Akhar.

At a place in the prison where he was able to make contact with
journalists, he said that he rejects all offers of remission.

‘I consider that I am not guilty of anything. The mere expression of my
democratic rights is not allowed. Yet, in Jakarta, when someone sticks a
photo of the president on the backside of a buffalo, this is not
considered to be a crime.’

He said he would also refuse any offer of clemency.

In the opening paragraph of his letter copies of which are addressed to
26 other addressees including the Indonesian president and Amnesty
International, he said:

‘I, the undersigned, declare in full consciousness of what I am doing
and free from any pressure from any quarter, that I have rejected the
efforts by the government since 2005 to grant me remission by the
department of law and human rights and I shall do so into the
foreseeable future for as long as I continue to have the status of
political prisoner conferred by the Republic of Indonesia.’

He went on to say that this was being done as an act of protect against
all manner of actions by the authoritiesof the Republic of Indonesia in
violation of the Pancasila philosophy and the 1945 Constitution.

As is known, the national day 17 August is always an occasion for the
authorities to grant remission, and on this occasion, it included the
release of fourteen convicted prisoners being held in Abepura Prison
while 115 prisoners were granted remissions of between two and six months.

The remissions were granted in a ceremony led by the law and human
rights minister and the deputy governor of Papua, Alex Hasegam when the
remission letter was given to each of the prisoners in question.

On the same occasion, one prisoner, Filep Karma, who was neatly
dressed, managed to come forward holding a morning star flag in his
hand. But this had nothing to do with being granted remission; it was to
move a sack of garbage to a truck.

—————————–

Huge increase in population of Papua

The population of the province of Papua has now reached 2,851,999, which
represents a far greater percentage increase than the national increase
of 1.49 percent.

[The report in BPapua refers throughout to the ‘province of Papua’,
presumably meaning this this does not include what is now the province
of West Papua.]

This was announced by the head of the Statistics Bureau of the province
of Papua who said that this was still a provisional announcement
because there would be further announcements about the composition of
the population including ethnicity, migration as well as the number of
births and deaths.

Another official of the bureau said that the huge increase was partly
due to having started from a low base, so the percentage increase
appears to be very high. In addition, he said, the census in 2000 was
far from being complete because the political situation at the time was
very tense, with on-going demands for a referendum and independence for
Papua, with the result that some districts were unable to carry out the
census.

He said that the number of males was in excess of the number of females,
with a recorded difference of 13 percent.

The place with the greatest densisty is Jayapura with 278 persons per
square kilometre followed by Biak with 58 persons per square kilometre..
Mamberamo has the lowest density of all, with only one person per square
kilometre.

[Comment: We can only await the promise of more detailed information
about the ethnic composition of the population, bearing in mind the
reported regular arrival of in-migrants from other parts of Indonesia.
It could very well be that the point has been reached at which Papuans
now account for a minority of the inhabitants, a trend that can only
increase with the recent launch of the MIFEE project in Merauke. TAPOL]

AIIA ACCESS 'West Papua's Search for Self-Determination' – Dr Scott Burchill and Herman Wainggai

http://blip.tv/file/4012065

Enjoy the viewing of parts 1 & 2 of the AIIA ACCESS ‘West Papua’s Search for Self-Determination’

Many thanks again to Dr Scott Burchill and Herman Wainggai for speaking, and of course the AIIA Victoria for hosting this event amid the diplomatic controversy.


Dr Scott Burchill


Herman Wainggai, WPNA

Part 1 | Part 2
At this Australian Institute of International Affairs event – which Indonesian Government officials tried to stop – political commentator and academic Dr Scott Burchill and West Papuan organiser Herman Wanggai talk about West Papua’s fight for self-determination.
The Indonesian province of West Papua has witnessed a struggle between Indonesian security forces and West Papuan resistance fighters since the 1960s. Tensions remain high today because of the cultural distinctiveness of the Melanesian Papuans, repression by the Indonesian military which observers have likened to the force once used against the East Timorese, and the richness of the province’s resources base. Burchill argues that Australia’s lack of concern is an ongoing effect of the Jakarta lobby’s discredited argument about the fragility of Indonesian territorial integrity, which continues to trump human rights concerns.
Melbourne, August 2010

Open Letter to President of Indonesia on Papuan Political Prisoners

*c/o PO Box 21873
Brooklyn, NY 11202 USA
*etan@etan.org

August 16, 2010

Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail

Dear President Yudhoyono:

As Indonesia’s National Day on 17 August approaches, we the undersigned non-governmental organizations engaged in the defense of human rights in Indonesia are deeply concerned that dozens of Papuans are incarcerated in prisons in Papua and West Papua simply for having been involved in non-violent demonstrations or expressions of opinion.

In most cases, these prisoners have been sentenced under Criminal Code Articles 106 and 110 regarding “rebellion.” These articles are a legacy from the Dutch colonial era and are in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”

Moreover, Articles 106 and 110 are inconsistent with your country’s
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the
ICCPR (article 19) notes that these rights are subject to certain
restrictions “for the protection of national security and of public
order or public health or morals,” the 1995 Johannesburg Principles on
National Security, Freedom of Expression, and Access to Information
identify clear standards for application of national security
restrictions. These Principles provide that persons should not be
restrained for expressing their opinions. Governments should only take
action against such expression of views on the grounds of national
security if they can demonstrate that they would incite acts of imminent violence. The prosecution of the aforementioned Papuan political prisoners has offered no evidence of any such threat of imminent violence in association with their physical or verbal actions.

While we strongly believe that none of these prisoners should have been prosecuted in the first place, we are also deeply concerned about the disproportionately harsh sentences imposed on these political prisoners given their non-violent acts. One prisoner arrested in 2004 and charged under these articles is serving a 15-year sentence while others have been given sentences of three or four years. Moreover, there have been alarming reports of maltreatment of the prisoners by prison warders and the lack of essential medical facilities. In one case, a prisoner with a serious prostate disorder had to wait eight months before being allowed to travel to Jakarta for essential treatment recommended by the local doctor. Severe Beatings of prisoners and detainees are frequently and credibly reported.

We the undersigned have on a number of occasions welcomed the democratic progress in Indonesian since the fall of the Suharto dictatorship, inspired by the Indonesian people. We recognize that this progress had been achieved despite frequent threats by the as yet unreformed Indonesian security forces.

In view of the tradition to mark Indonesia’s National Day on 17 August
by announcing the release of prisoners and bearing in mind the
restriction on essential freedoms such as those contained in Articles
106 and 110 of the Criminal Code we respectfully call on you to mark
this year’s celebrations by:

* releasing all Papuan political prisoners, including those already
convicted and those waiting trial;

* securing the deletion of Articles 106 and 110 of the Criminal Code;

* ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.

We look forward to your response.

Sincerely,

Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/
Timor-Leste National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia /Action/ Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvölker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La?o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany

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HRW: Indonesia: Free ‘Balloon Activists’ in Ambon

HUMAN RIGHTS WATCH

Indonesia: Free ‘Balloon Activists’ in Ambon
Ill-Treatment of Political Prisoners in Earlier Episodes Raises Grave Concerns
http://www.hrw.org/en/news/2010/08/10/indonesia-free-balloon-activists-ambon
August 10, 2010

Related Materials:
Prosecuting Political Aspiration
Indonesia: Stop Prosecuting Peaceful Political Expression
Indonesia’s Not-So-Well-Kept Secret

Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons. The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.
Phil Robertson, deputy Asia director at Human Rights Watch

(New York) – The Indonesian authorities should immediately release the activists for Moluccan independence arrested in Ambon at the beginning of August 2010, Human Rights Watch said today. The activists were allegedly planning to float banned Moluccan independence flags attached to balloons to protest an August 3 visit by President Susilo Bambang Yudhoyono.

Local sources reported that between 7 and 15 activists were arrested in connection with balloon launch plans to express political opposition to Indonesian rule in the Moluccas Islands. The police reportedly confiscated as evidence 133 posters that read “Free Alifuru and Papua Political Prisoners,” two copies of the June 2010 Human Rights Watch report “Prosecuting Political Aspiration,” 17 separatist Southern Moluccas Republic (Republik Maluku Selatan or RMS) flags, and one 12-pound gas cylinder to be used to fill the balloons. Yudhoyono was in Ambon to open the “Sail Banda” event, organized by the Tourism Ministry and the Moluccas Islands government to promote tourism in the Banda Sea.

“Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons,” said Phil Robertson, deputy Asia director at Human Rights Watch. “The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.”

Human Rights Watch expressed grave concern that past torture and ill-treatment of political prisoners in Ambon puts the recently detained activists at serious risk. The detainees should have immediate access to family members and legal counsel, Human Rights Watch said.

Those arrested include Benny Sinay, Izak Sapulete, Andy Marunaya, Edwin Marunaya, Ongen Krikof, Marven Bremer, Steven Siahaya, and Ony Siahaya. Jacob Sinay, who lost his civil service job in December 2009 because of his political activism, is also being held. Most were arrested at their homes on August 2 and 3. Some were also arrested because they publicly unfurled the separatist RMS flag in some places in the archipelago, including on Ambon and Saparua islands.

Observers at the Sail Banda event in the Yos Sudarso seaport in Ambon described what they considered to be a very large deployment of police officers and military personnel. The security forces apparently sought to prevent a repeat of Yudhoyono’s June 29, 2007 visit, when 28 local Moluccan dancers were able to enter the Ambon stadium, dance the cakalele war dance, and unfurl the RMS flag.

More than 70 men were arrested after the 2007 dance. Many were tortured after being handed over to Anti-Terror Unit 88 forces based in Ambon. The Ambon district court convicted more than three dozen of them, including the dance leader Johan Teterisa, of treason and sentenced them to prison terms ranging from 5 to 20 years. Teterisa was sentenced to 15 years and is in the Malang prison in eastern Java.

Human Rights Watch expressed concern that Ambon authorities confiscated the recent Human Rights Watch report, “Prosecuting Political Aspiration,” as possible evidence in a case against the activists. The report profiles the cases of 10 prominent Papuan and Moluccan activists currently behind bars for expressing their political views, and details ill-treatment they suffered in detention and violations of their due process rights.

In June, Human Rights Watch discussed the findings of the report in Jakarta with officials from the Law and Human Rights Ministry, the Foreign Affairs Ministry, and the National Commission on Human Rights. At least 100 Papuans and Moluccans are in prison in Indonesia for peacefully expressing their political views.

“By arresting the Ambon activists, the Indonesian authorities are repeating the very mistakes that raised doubts globally about Indonesia’s commitment to improving human rights,” Robertson said. “The government should release these peaceful protesters immediately and spare the country further international condemnation.”

Background
Human Rights Watch takes no position on claims to self-determination in Indonesia or in any other country. Consistent with international law, Human Rights Watch supports the right of all individuals, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.

Most of the current political prisoners in Indonesia were convicted of makar (treason) under articles 106 and 110 of the Indonesian Criminal Code.

However, freedom of expression is protected both in Indonesia’s constitution and international human rights law. The constitution in article 28(e) states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process, and convey information by using all available channels.”

In December 2007, the Indonesian government issued Government Regulation 77/2007, which regulates regional symbols. Article 6 of the regulation bans display of flags or logos that have the same features as “organizations, groups, institutions or separatist movements.” Both the Papuan Morning Star flag and the RMS flag are considered to fall under this ban.

The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, also protects the right to free expression. Under article 19, “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

Victor Yeimo, KNPB Sentenced to 1 year for "provocation"

Victor Yeimo has received a sentence of one year in prison for ‘provocation’ from the Abepura district court. This includes the time he has already spent inside.

The public prosecutor plans to appeal to a higher court. If that fails, he will be out in October 2010. Yeimo was on trial for makar or rebellion for leading a peaceful demonstration on March 10, 2009.

More info as it comes to hand

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