Tag Archives: Otsus Gagal

A Papuan-Jakartan Dialogue to be held this year

Apologies for delay in posting

Tabloid Jubi

January 15, 2013

Jayapura (15/1) – After visiting Papua in September 2012, Albert Hasibuan, a member of the Presidential Advisory Council on Legal Rights and Human Affairs (Watimpres) claimed to have passed on his recommendations to Indonesian President Susilo Bambang Yudhoyono (SBY).

“I’ve given my recommendations. The Papua problem will be best resolved through discussion together. The President said he’ll welcome this,” said Albert when approached after Christmas Eve celebrations with the National Mandate Party (Partai Amanat Nasional) in Jayapura, Papua, on Sunday night (13/1).

According to Albert, the event was also attended by a number of notable Papuans including Pater Neles Tebay and Beny Giay, as well as Papuans of various religions. “They were urging for dialogue and hopefully this dialogue can happen in 2013. I’m not sure in which month,” he said.

Albert says the party is working toward (addressing issues of dialogue) in this area. This is because everyone, including the President, hopes to establish peace in West Papua. “I think everyone, including the President, are willing to begin the dialogue, they’re just waiting for the right time,” he said.

Other recommendations to SBY, says the former member of the National Commission for Human Rights, include fully implementing Special Autonomy in Papua, both regionally and through the central government.

“Apart from this, the Corruption Eradication Commission (KPK) has to be visible in Papua and has to go to Papua because many Papuans are raising questions of Otsus’s accountability of funds. So it’s best if KPK has a presence here,” said Alfred.

Further, Albert is now a member of the National Commission on Human Rights (Komnas HAM); he was chief investigator with the Investigative Commission into Human Rights Violations in (KPP HAM) in Timor Leste, 1999, in Abepura 2000, and in Trisakti, Semanggi 1 and Semanggi 2 in 2001 in the capacity of chairman; as well as sitting as a member of the Presidential Advisory Council on Legal Rights and Human Affairs (Wantimpres) in January 2012.
As part of his visit to Papua representing Wantimpres, Albert met with both the Papuan government and the local Jayawijaya government. Among them, were the Papuan People’s Council (MRP), the papuan police chief, Kodam XVII Cenderawasih, and leaders of NGOs and churches. This visit was a follow-up from a meeting with Papuan community members at the Wantimpres office on the 3rd of July, 2012. (Jubi/Levi)
(Translated by West Papua Media volunteer translators)

Arrests in Fak-Fak as demos support IPWP, reject UP4B

from West Papua Media and local sources

Confirmed reports have emerged from Fak-Fak, on the west coast of West Papua, that at least ten demonstrators were arrested by Indonesian police on March 1.

The demonstrations were being held to reject a new body – U4PB (or Program to Accelerate Development of Papua and West Papua) – appointed by Indonesia to re-implement the failed Special Autonomy package that was to give Papuans a greater share of their own wealth.  Regular protests from Papuan civil society have rejected this new body due to its refusal to consider Papuan demands, and  recognise the failure of the existing package.

Those arrested were identified as the following:

  1. Siswanto Tigtigweria
  2. Lukas Hegemur
  3. Quartus Ndoratndorat
  4. Modestus Komber
  5. Yeheskal Hegemur
  6. Nikson Hindom
  7. Pazco Hindom
  8. Samuel Rohrohmana
  9. Amos Wagab
  10. Renol Hegemur

The protest was also held to support the February 28 launch in Canberra, Australia, of a new regional chapter of the International Parliamentarians for West Papua.  This meeting attracted Members of Parliament from Vanuatu, New Zealand, and several parties in Australia, including MPs from the Australian Government.  Demonstrations in support of IPWP were held across ten centres in West Papua.

Neither Police or local human rights sources have been able to identity the exact nature of charges against the ten detainees.  However Indonesian police historically have laid Makar (Treason) charges against Papuans attending demonstrations in support of the right of self-determination.

West Papua Media was unsuccessful in seeking comment from Police.

This is a developing story.

westpapuamedia.info

90% of children in Kamoro leave school before completing their education

JUBI, 8 September, 2011

It is estimated that around 90 percent of children from the Kamoro ethnic group fail to continue their education after completing primary school.   There are many reasons for this.

‘Many Kamoro children dont attend primary school and this affects the number who go on to further education as a result of selection and the minimum standards attained by the children,’ said a local official.

This also reflects the situation of the primary school in Mapar, in the regency of Central Mimika where most of the children who attend primary schools fail to continue to the lower secondary schools. The main problem is where the children live.

‘We do everything we can to motivate them and accompany them but for the
parents the main problem is that they cannot find anywhere to live in Timika. And in those cases where children do attend a school in the town, many of them returned home to their kampungs after only two months for a variety of reasons, primarily because of the cost of living in the town.’

Actually, there are indeed many opportunities for Kamoro children in Timika. Freeport Indonesia has built several hostels for primary and secondary school children but there are hardly any Kamoro children living in these hostels.

One secondary school teacher said: ‘There is the problem of looking after the children and the limited capacity available for pupils coming from the Kamar primary school. We very much hope that the education service will appreciate this problem and find a way out as soon as possible, so that these children can grow up to be masters in own land.’

———————

A number of teachers in the East Mimika district have complained about the lack of facilities for education at primary and secondary schools many of which have nothing in the way of books or writing equipment.

Veronica Lasol, a primary school teacher at the Mapar primary school, complained that the government, in particular the education and cultural service, pay no attention to all this.

‘We have been suffering from a lack of facilities for a long time, and have spoken about this with the media as well, hoping to draw the attention of the government to the problem of paying attention to education facilities for children living in the kampungs,’ she told Jubi.

‘In our district, almost all the schools are functioning without decent facilities and end up teaching the chidren anything they can mange to do so as to ensure that they can complete their primary school education,’ said Agustinus Maniawasi, a primary school teacher at the YPPK primary school in Pronggo, Mimika district.

Similar complaints were made by Denisius Faruan, a primary school teacher at a school in Timika. He said that there is a need for facilities to support the education of the children. If the teachers were to get the necessary training, the complaints would decline. ‘It is all a matter of giving proper attention to the schools that now exist.’

AHRC: PAPUA: Medical workers criminally charged for protests over their income

August 30, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-150-2011

30 August 2011
———————————————————————
INDONESIA: Medical workers criminally charged for protests over their income

ISSUES: Freedom of Expression, Fabrication of Charges, Labour Rights
——————————————————————–
Dear friends,

AHRC-UAC-150-2011-01.jpgThe Jayapura regional police in West Papua have charged eight medical workers with incitement and objectionable acts following their peaceful protest against regulation 141/2010 by the provincial governor. The regulation deprives the Jayapura hospital’s medical workers of certain payments. An earlier request to meet and discuss the situation was ignored by the governor. Moreover, the medical workers were reported to the Jayapura regional police for violating criminal law with their protest. The AHRC sees the fabrication of these charges as a violation of the workers freedom of expression. Peaceful protesters have frequently been criminally charged for incitement or disobedience in West Papua and other parts of Indonesia. (photo: workers in front of the house of representatives in Papua, source: ALDP)

CASE NARRATIVE:

The AHRC has received information from KontraS, the Commission for the Disappeared and Victims of Violence, regarding the fabrication of charges against workers who had conducted a peaceful protest. The medical workers serving in the Jayapura District Hospital have been receiving an incentive bonus since 2005. In 2010, the governor of Papua decided to alter this incentive.

When news reached them of the possible change the workers feared that they would lose this payment and made requests for a meeting with the governor which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue take place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital.

AHRC-UAC-150-2011-02.jpgThis meeting resulted in an agreement regarding the amount of the incentive payment. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, in an abrupt about face, on 30 December 2010, the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. (photo: workers at the regional police correctional facility, source: ALDP)

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

AHRC-UAC-150-03-2011.jpgOn 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients. (photo: workers receive letter regarding leave on bail from a lawyer, source: ALDP)

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

The AHRC is concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest. Criminal charges against peaceful protesters have increased in Papua and West Papua in recent years and several political protesters were convicted with prison sentences.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to drop the charges against the eight medical workers of the Jayapura hospital.

Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for strong interventions.

SAMPLE LETTER:

Dear _____,

INDONESIA: Medical workers criminally charged for protests over their wages

Name of the victim: Leni Ebe, Popi Mauri, Stevi Siahaya, Luthrinu, Siska Mandosir, Yolanda Inauri, Dolita Ataruri, Imbenay
Alleged perpetrator: Papua regional police
Time of incident: 12-15 March 2011
Place of incident: Papua regional police headquarter

I am writing to express my serious concern over the charges of incitement and objectionable acts against Leni Ebe, Popi Mauri and several others.

According to reports from KontraS, the Commission for the Disappeared and Victims of Violence, the medical workers serving in the Jayapura District Hospital have been criminally charged for their participation in a peaceful protest against a new regulation of the governor of Papua depriving them of some payments.

Fearing that they would lose this payment when news reached them of the possible change the workers made requests for a meeting with the governor, which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue took place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital. This meeting resulted in an agreement regarding the amount of the incentive. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, on 30 December 2010, in an abrupt about face the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. The reasoning given for this new resolution was that the payment of the incentive would create duplication of budget.

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

On 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients.

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

I am concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest and urge you to ensure that the charges against the eight members of the medical staff be dropped. I hope that the provincial administration could show more openness to dialogue and would commit to ensure that no person will be criminally charged for participating in a peaceful protest as such charges present a violation of every person’s right to freedom of expression as enshrined in Indonesian and international law.

I am kindly urging for your intervention into this case.

Yours sincerely,

———————

PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of INDONESIA
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA

Tel: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. Minister of Home Affair of Republic of Indonesia
Jl. Merdeka Utara No. 7 Jakarta 10110
INDONESIA

Tel: +62 21 3450058, 3842222
Fax : +62 21 3831193

3. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20
Komplek PTIK
South Jakarta
INDONESIA

Tel: +62 21 739 2352
Fax: +62 21 739 2317

4. Head of Indonesian Police
Markas Besar Kepolisian INDONESIA
Jl. Trunojoyo No. 3
Kebayoran Baru
Jakarta 12110
INDONESIA

Tel:+62 21 3848537, 7260306, 7218010
Fax :+62 21 7220669
Email : info@polri.go.id

5. The Head of House of Representative of Papua
(Ketua Dewan Perwakilan Rakyat Papua)
Jl. Dr. Sam Ratulangi No.2
Jayapura, Papua
INDONESIA

Tel: +62 967 533580
Fax:: +62 967 533691

6. Barnabas Suebu
The Governor of Papua
Jl. Soa Siu Dok
Jayapura, Papua
INDONESIA

Tel: +62 967 537523
Fax: +62 967 531847, 531853

7. Head of Police Area Headquarters Jayapura, Papua province
Polda Papua
Jl. Samratulangi No. 8 Jayapura
INDONESIA

Tel: + 62 967 531014
Fax: +62 967 533763

8. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA

Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail : info@komnas.go.id

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-150-2011
Countries :
Issues :

Comments on ICGs Hope and Hard Reality in Papua:

Comments on

Hope and Hard Reality in PapuaAn Update Briefing on the conflict in West Papua by the International Crisis Group (22 August 2011)

(ICG full PDF report available at:
http://www.crisisgroup.org/en/regions/asia/south-east-asia/indonesia/B126-indonesia-hope-and-hard-reality-in-papua.aspx )

Jason MacLeod 23 August 2011

 

 

Introduction

The recent ICG report into conflict in West Papua, Hope and Hard Reality in Papua highlights the growing strength of the civilian based movement in Papua. It also points to contradictory developments. On the one hand there is an opening of political space, illustrated by the fact that the conference happened at all and that no topic was off the table. On the other hand, the report details ongoing violence in Puncak Jaya, demonstrating that the presence of the security forces only exacerbates violence as well as highlighting the enduring appeal of armed struggle by a small and hardcore group of Papuans. Hope and Hard Reality in Papua also outlines 44 “indicators of peace” developed during the conference. While still partial these indicators give tangible content to Papuan aspirations for freedom. This content echoes many of the demands made by Papuan youth, student, women’s groups, farmers, pastors, and Adat groups in recent years. Indicators like the “freedom of expression” and “the release of all political prisoners” bring into sharp focus the fact that Papua still remains an nondemocratic enclave of the Republic of Indonesia.

 

Summary of the report

The recent ICG report on West Papua, Hope and Hard Reality is structured in three sections: the peace conference held in Jayapura in early July 2011; an analysis of the recent spike in violence in the remote and rugged Puncak Jaya district in the highlands of West Papua; and, an evaluation of the extent to which a series of indicators developed during the peace conference could be used to resolve the conflict in Puncak Jaya. The report underscores a key policy recommendation currently sitting on the Cabinet Secretary desk – that the long-delayed new Unit to accelerate development in Papua, Unit Percepatan Pembangunan di Papua dan Papua Barat, known by its Indonesian acronym as UP4B, include a mandate to address political as well economic issues.

The report underscores an opportunity and threat. The opportunity is that there are some key high-level Indonesian allies, including advisors to the Indonesian government and a former Indonesian military officer, who understand that a political as well as economic solution to Papua’s problems is needed. The threat is two-fold. The first is that security operations continue in Papua. This is despite an extraordinary admission by Major-General (Ret.) TB Hassunuddin, deputy head of the Indonesian Government’s parliamentary Commission 1 responsible for security affairs, that all current operations to “hunt down OPM leaders are … illegal”. According to Hasunuddin this is because they do not carry the consent of parliament as stipulated by Law 34/2004 on the Indonesian Armed Forces. The General’s comments illustrate the lack of political will in Jakarta to rein-in the security forces in Papua. This last point relates to the second threat, summarised in the ICG report as “Jakarta’s indifference to indigenous Papuan concerns”.

The Papua Peace Conference and indicators of a peaceful Papua developed during the Conference

The Peace Conference was organised by the Jaringan Damai Papua or Papua Peace Network, a group organised by Dr. Neles Tebay or Pater (Father) Neles Tebay as he is known, and Muridan Widjojo, an Indonesian scholar with the Indonesian Institution of Sciences (LIPI) who was the editor of the Papua Road Map published in 2009. Tebay and Widjojo were previously involved in separate dialogue initiatives but have now decided to combine their efforts. The JDP itself is made up of key individuals, all members of different Papuan civil society groups, but attending as individuals not as representatives of their group or organisation. Both migrants and indigenous Papuans are members.

For me, three things stand out about the conference and the ICG’s summary report on the conference.

The first is that it happened at all. It was neither prevented from occurring by the military nor disrupted by protests. It was also attended by a senior minister of the Yudhuyono’s government, Djoko Sujanto, the Coordinating Minister for Politics and Law, and twenty senior bureaucrats from the various ministries that Sujanto coordinates. This in itself is a sign, albeit a small one, that the Indonesian president may be paying more attention to Papua.

Second, the conference clearly underscored Papuans desire for independence. This can be seen in the final declaration of the conference which outlined a criterion for negotiators and nominated five Papuan Diaspora negotiators, all from the Pro-Independence camp, as well as from an incident during the conference itself. When the Provincial Army Chief of Staff, Erfi Triassunu got up to speak he invited the participants – who were virtually all Papuans – to chant “Papua damai” (Peaceful Papua). Instead the crowd responded as one: “Papua Merdeka!” (Free Papua!). Perhaps not the response the General anticipated.

Third, although the report does not dwell on this, it does suggest that there are still key sectors of the Papuan population that are still not actively engaged in the struggle. These are Papuan politicians, the civil service (who the report acknowledges are engaging in a kind of passive noncooperation illustrated by the fact that in Puncak Jaya for instance, only 30 or an approximate 2000 strong workforce even show up for work); workers, particularly those in the resource extractive industries; and members of church congregations.

Fourth, and this is the most significant in my view, is that the conference produced a list of indicators of a peaceful Papua. Together these indicators are the clearest articulation of the “contents” of a New Papua that we have ever seen. Not only do they constitute a vision of tomorrow they may have important implications for the civil resistance movement. The ICG report argues that the indicators could be used to formulate policy direction for the central and provincial governments. The word “indicators” reflects the language of government and aid and development donors. However, many of the indicators mirror (and in some cases refine) an emerging set of campaign objectives that civil resistance leaders might organise around. In some cases, such as freeing political prisoners, Papuans they are already organising for change. Papuan activists could well use the “indicators” to pursue, and even set, the agenda for change.

 

Armed Struggle

The report also devotes significant attention to violent insurgency in the Puncak Jaya region by one of the few active units of the TPN-PB (Tentara Pembebasan Nasional di Papua Barat or the West Papuan National Liberation Army). Five things are worth highlighting from the report. First, Papuan guerrillas in Puncak Jaya, and elsewhere in West Papua are poorly armed. The report estimates that Goliat Tabuni’s group in Puncak Jaya has about 30 guns. This reflects the assessment of the armed struggle contained in the recently released Kopassus (Indonesian Special Forces) document leaked by the Sydney Morning Herald. Second, there are very low levels of participation in the armed struggle. Although virtually the entire indigenous population of Puncak Jaya has kinship connections with the TPN there are only a handful of active members. Third, the violence is not just one-sided or in response to Indonesian military attacks. Tabuni and his men, and in some cases other aspiring commanders also initiate attacks on the Indonesian military, not in direct response to Military violence, but to increase their own reputation and prestige.  Fourth, Tabuni’s group itself is split into three leadership groups which are sometimes compete and clash with one another. This reflects the fractious state of the TPN elsewhere in Papua.  Finally, the ICG report makes it very clear that violence in Puncak Jaya, some of which is also linked to inter-clan competition, is exacerbated by the presence of the security forces.

Theories of Change

Although it is not picked up in the report, Hope and Hard Reality in Papua underscores a battle of ideas underway in Papua. This discussion is essentially about how change (freedom) will be won. It is less a contest between armed struggle and peaceful ways of resolving the conflict. Despite the spike in violence (most of which was perpetrated by the security forces) there is little popular support for armed struggle. The contest is mostly between and within proponents of two different competing theories of change: those who believe dialogue, negotiation or other conventional political processes will secure Papuan aspirations for freedom and those who advocate mass mobilisation or civil resistance. The majority of Papuans still invest in the hope that conventional political processes – either diplomacy (by Papuan representatives of various resistance groups), an inclusive dialogue process of the kind envisioned by Tebay/Widjojo and the JDP, or a legal challenge to Indonesian government sovereignty in Papua – will be able to resolve the conflict. I don’t think there is any real indication that these acts of persuasion will compel Jakarta to sit at the table.

On the civil resistance side are Papuans who argue that a conventional political process is naïve. This group claims that Jakarta will only make key concessions when they are compelled to do through mass nonviolent disruptions that raise the political and economic costs of the status quo. Within the civil resistance camp there is also a subtle difference between those whose methods are based around street protests and those who are seeking to organise a much broader base and support them to be active through a much more diverse range of nonviolent tactics than demonstrations.

The fact that KNPB (Komite Nasional Papua Barat or the West Papua National Committee) organised a demonstration attended by thousands on 2 August in support of an conference about a legal challenge to the Act of Free Choice that was happening in Oxford at the same time, shows that there is growing understanding that a conventional political strategy needs a mass movement. Although, there are still widely held unrealistic expectations that dialogue and/or a legal strategy will bring about independence in the near future.

Then there is also tension around goals. The radical student and youth groups, WPNA (West Papua National Authority) and KNPB, as well as Benny Wenda in London (who heads up the International Lawyers for West Papua, the group who is spearheading the legal challenge) are pushing for a referendum. They see the JDP and calls for peaceful dialogue in opposition to the demand for a referendum. Despite these real differences and tensions the report (and recent events inside Papua) suggest that there is growing recognition that a mass movement and dialogue are not incompatible. Some are starting to say that civil resistance helps creates the conditions for dialogue. In fact the report seems to suggest that last year’s occupation of the Provincial Parliament in Jayapura helped widen the proposed mandate of the UP4B.

Allies

The ICG report also demonstrates that there are is a small but influential group of allies inside Indonesia who while not countenancing independence for Papua, do support real and significant political changes. In addition the report mentions but does not dwell on the fact that there are key non-Papuans inside Papua (who are members of the JDP) that support Papuan political goals.

Conclusion

The report illustrates the growing maturity of the civilian based movement inside Papua. The development of 44 indicators of a peaceful Papua around the themes of politics, law and human rights, economics and environment, security, and social-cultural rights all point to a closer linkage between civil resistance and conflict resolution approaches to change in Papua. The belief that civil resistance is not in conflict with but rather supports dialogue was made by Chris Waranussy, a prominent human rights lawyer in Papua. The most significant thing about the recent peace conference in Jayapura is that it has supported Papuans to more fully articulate the contents of freedom. It also underscores the mainstream Papuan desire for independence. In this sense the gulf between different positions in Jakarta and Jayapura, and the different perceptions of the problems in Papua, remains wide. A fact illustrated by what is going on in Puncak Jaya and the Indonesian military’s response.