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

Lawyer, five students and others arrested in Manokwari

Above Photos: Assault & Arrest of Melki Bleskadit, Rev. Daniel and 6 youth Human Rights and Democracy Papuan Student Activists.
Names: Jems Aisoki, Yakonias Imbiri, Wilson Wader (Secretary of Youth Solidarity for Melanesian West Papua), Edi Kogoya, and two Youth Activist Students whose identity is not yet known. (trans)

In both cases, the reports have been abridged in translation by TAPOL

According to a report received this morning (14 December) from LP3BH,
the legal aid and investigation institute based in Manokwari, a member
of their lawyers team has been arrested by the police while he was
involved in monitoring a flag-raising incident on Tuesday, 14 December.

As reported by Yan Christian Warrinussy, executive director of the
LP3BH, the flag-raising is  an event held every year on 14 December to
mark the  anniversary of the independence proclamation by the West
Melanesian Council 22 years ago [in 1988] by Dr Thomas Wanggai [who died
shortly thereafter]

This year's anniversary flag-raising took place outside the office of
the Manokwari district office, under the leadership of Melkianus
Bleskadit, who was subsequently arrested by the police, acting on the
orders of police chief Agustinus Supriyanto . The Rev. Dance Yenu and
five others, all students were arrested, apparently for unfurling a flag.

A member of the institute's  human rights defenders team, Simon Risyard
Banundi, was arrested while monitoring the event, as part of the LP3BH's
human rights activities. Banundi is also a member of the Indonesian
organisation of lawyers, PERADIN which is the oldest lawyers
organisation in Indonesia.

The institute says that his arrest is in clear violation of article 17
of the criminal procedural code, Law 39/1999 on Human Rights, and Law
18/2003 on Lawyers and the International Convention on Human Rights
Defenders as well as the Universal Declaration of Human Rights.

In a subsequently message, Warinussy  described the action by the
police  as being 'very arrogant', and  pointed out that Banundi, who has
been working as a member of the staff of the LP3BH for a year, has
frequently issued statements that are very critical  of the activities
of the police as well as the army, in response to their efforts to
reform both the police and the army, and critical in particular the
police special force, Brimob in Manokwari who are often seen drinking
alcohol with local people while bearing weapons that belong to Brimob.
On several occasions, they  are heard firing these weapons into the air.

Since his arrest this morning and up until 8pm, Simon Banundi has not
yet been interrogated because he is refusing to answer any questions as
he has no lawyer to accompany him. Nor have the police given any reason
for Simon's arrest.

In the opinion of PERADIN, his arrest is unlawful because he was in the
course of performing his duties a human rights defender

The flag-raising event is also reported in today's Bintang Papua though
they have not yet reported the arrest of Simon Banundi. The paper did
however report that the security forces had mustered a large number of
personnel, saying that they 'would not tolerate any unfurling of the
flag'. No fewer that 999 personnel were deployed in anticipate of the
event.

The paper reports that the deployment of special forces has been under
way for four days 'in order to ensure that the general public can
proceed with their activities without hindrance' according to the
police in the capital city of Jayapura , as well as along the border
with PNG, in order 'to guard vital places such as the governor's office,
the DPRP's headquarters and other places.

Karma continues his hunger strike; KomnasHAM unable to visit Filep and Buchtar

via Tabloid JUBI, 9 December 2010

Karma continues his hunger strike
The political prisoner, Filep Karma has said that he will continue with
his hunger strike, not taking food or drink, until he is returned to
Abepura Prison in Jayapura.

‘I will continue with my hunger strike until I am returned by the
police,’ he said when he met with JUBI. He said he was very
disappointed with the way he was being treated, being accused with
Buchtar Tabuni of causing a riot in the prison last Friday, 3 December.

‘There is no justification for all this treatment towards us,’ he said.

According to JUBI who met him at the police headquarters, even though he is on hunger strike, he looks healthy and keeps smiling.

The head of the District Office of the Department of Law and Human
Rights, Nazaruddin Bunas said that Karma and Tabuni were transferred to police custody because they were the ones who were behind the rioting in Abepura Prison, which is why they are at present in police custody.

The director of Abepura Prison said that he knows nothing about the
transfer of the two prisoners.

——————

JUBI, 8 December 2010

KomnasHAM unable to visit Filep and Buchtar

The deputy head of the National Human Rights Commission in Jakarta, M. Ridah Saleh has expressed his disappointment at not being able to meet Filep Karma and Buchtar Tauni and regrets the fact that their families are not being given access, either

‘The police told us that we should make contact with the prison, even
though we have been given permission to meet them by the police (in
police custody),’ said Ridah Saleh.

He said that the rights of prisoners should be fully protected and
KomnasHAM and members of their families should be given the opportunity to visit the two men. Access to them must not be closed’

Their rights to get medical treatment must also be respected, to avoid
any further problems.

Members of their families are also hoping for access because this is in
accordance with the procedures. This should also apply to the other
three prisoners.

Before going to the police, they had paid a visit to the direskrim
(criminal investigation) where they met Petrus Waine, who said that
KomnasHAM could come and discuss the matter of there being no access to the two prisoners but when they arrived there, no disreskrim people were available to meet them.

‘This is very disappointing indeed, because we were given a promise but when we went there, there was no one who wanted to meet us to discuss this matter.’

The plan of KomnasHAM to visit Filep and Buchtar also had to be
abandoned because these two political prisoners had been moved away from Abepura Prison.

Indonesia: Respect Rights of Papuan Prisoners Filep Karma and Buchtar Tabuni

Indonesia: Respect Rights of Papuan Prisoners Filep Karma and Buchtar Tabuni

The East Timor and Indonesia Action Network (ETAN) and the West Papua Advocacy Team (WPAT) urge the Indonesian Government to respect the rights of and end the persecution of internationally recognized prisoners of conscience Filep Karma and Buchtar Tabuni who were transferred from Abepura Prison to Jayapura Police Headquarters on December 3.

ETAN and WPAT also urge the U.S. government to use its considerable influence with the Indonesian government and police, deriving in part from its extensive assistance to and training of the police, to ensure that persecution of these prisoners of conscience ceases.

The transfer of Karma, Tabuni and several other prisoners to the police headquarters followed a riot at the prison which in turn was prompted by the killing of one of five prisoners who had escaped the previous day. The authorities are accusing the two activists of inciting the riot. However, reliable reports says that Karma and Tabuni had sought to calm the situation at the prison.

Karma is serving a 15-year sentence for raising a Papuan flag in 2004, while Buchtar Tabuni is serving a three-year sentence after supporting the launch of International Parliamentarians for West Papua in October 2008.

Since their transfer to the police headquarters Karma and Tabuni reportedly have had very limited contact with their families and no contact with legal counsel. Karma has launched a hunger strike in support of his demand for proper treatment for himself, Tabuni and the other transferred prisoners, including access to adequate food or drink.

ETAN and WPAT note that Article 10 of the International Covenant on Civil and Political Rights requires that “All  persons who are deprived of their freedom must be treated humanely and with respect for their dignity as human beings.”  ETAN and WPAT also note that under Indonesian regulations Karma and Tabuni are entitled to correspond with and receive visits from their families, legal counsel and others.

ETAN and WPAT are also deeply concerned that the Indonesian authorities may seek to pursue charges against Karma and Tabuni related to the prison riot. Such a course would be particularly ironic insofar as the Indonesian authorities have failed to prosecute the security force personnel who were recorded torturing two Papuans in May 2010.

Observers in West Papua are concerned that the authorities may transfer Karma and Tabuni to the infamous Nusakembangan prison in Java, where violent criminals are incarcerated. As nonviolent prisoners of conscience, Karma and Tabuni would be at risk. Such a transfer would also make it much more difficult for their families and counsel to monitor their welfare. ETAN and WPAT strongly urge that Karma and Tabuni not be transferred out of West Papua.

Contact: Ed McWilliams – 401-568-5845
John M. Miller (ETAN) -917-690-4391

see also West Papua Report

Bintang Papua: Rejection of OTSUS intensifies DPRP should convene plenary session

[All items abridged in translation]

Bintang Papua, 1 November 2010

Rejection of OTSUS intensifies
DPRP should convene plenary session

The rejection of OTSUS, the Special Autonomy Law of 2001,  has intensified  with a demonstration outside the office of the regional legislative assembly, the DPRP calling for it to convene a plenary session to discuss  the eleven recommendations adopted recently by the MRP which included the rejection of OTSUS.

‘We declare that the OTSUS law adopted in 2001 has resulted in no significant  improvements in the living conditions of the Papuan people, and we state that OTSUS has failed.’

The chairman of Pepera PB, Selpius Bobii said that OTSUS provided for a system that sides with the Papuan people, and which protects and empowers them. But in the nine years since the enactment of the law, not a single special regulation as required under the law has been adopted. There have been inconsistencies between the attitude and the actions of the central government.

The chairman of the Customary Youth  of Papua, Wilson Uruway, presented a joint statement to the deputy chairman of the DPRP who was urged to make a statement in response. He said that all the aspirations of the people submitted to the assembly had been discussed. Those concerning the central government would be quickly forwarded to the government in the same way that the eleven recommendations of the MRP has been forwarded.

The joint statement was supported by a large number of groups and NGOs.

Hardly any of the OTSUS funds  has not been used in ways that would assist and help indigenous Papuans but had been misdirected as ‘fictive funds’. The central government was accused of thwarting the MRP at all levels of its activities, as a result of which it has be incapable of struggling for the rights of the Papuan people.

Among the indicators of the problem was the tardiness in adopting special regulations – Perdasi and Perdadus – regarding management of the administration and  for economic development. Dualism between provincial and districts administrations has occurred in their adoption of different regulations

Before demonstrating in front of the DPRP, the crowd gathered at Expo Waena, where they waited for a group from Sentani Customary Council to join them.

One speaker called on the government  to speak out against acts of intimidation, threats and killings of Papuans perpetrated by the TNI/Army and the Police.

A group led by the chairman of DAP Forkorus Yaboisembu arrived at the DPRP travelling on several trucks.

The demonstration was surrounded by two special Brimob units and members of the local police. Nevertheless, the action proceeded peacefully

—————————

Historic Papua day commemorated

Bintang Papua, 19 November 2010

19 November 1969  is a historic day for the Papuan people, a day regarded as been sacred by many sections of the people struggling for independence. On this day in 2010,  groups gathered to recall the historic event when the  Papuan issue was discussed in the US Congress, although it did not clearly stated that the US Congress fully supports Papuan sovereignty.

At a gathering held to socialise the events at the US Congress, Wilson Waimbo Uruwaya  announced that they would hold a peaceful demonstration calling for the peaceful solution of Papua’s status which was discussed by the UN General Assembly in 1969.

Wilson said that all elements of the Papuan struggle were united in their determination to socialise the results of the US Congress on which occasion, a discussion took place about crimes against humanity and the need to seek a solution to the difficult problems that were being faced by the Papuan people to the present day.

The discussions in the US Congress which had occurred for the first time have taken the Papuan people a step forward in their history of struggle.

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