Tag: Otsus Gagal

Indonesian Civil Society: Open letter to SBY Raising Concern and Offering Solution:: One-Year Human Rights Promotion in Papua 2010

OPEN LETTER

Raising Concern and Offer Solution::

One-Year Human Rights Promotion in Papua 2010

To the attention of

President Republic of Indonesia,

Susilo Bambang Yudhoyono

In Jakarta

Dear Mr. President,

We are writing this letter to you to raise our concern over human rights conditions in Papua. We are confirmed that lacking of protection and recognition of Papuans’ rights have led to abusive and violent practice against Papuans. This pratice has persistently cause death to Papuans and left trauma for them and their family. This practice clearly does not reflect the spirit of this country’s constitution to protect whole citizens.

We have recorded that there have been some big issues this year that attract public attention. The issues such as footage violent action against civilians by military in Tinggi Nambut Papua,[1] violence against civilians in Bolakme,[2] ethnic conflict between Papuan highlanders and Yoka people,[3] shooting civilians in Nafri[4], shooting against prisoners in Tanah Hitam,[5] civilians shot dead in Boroway,[6] arrest and detention of Filep Karma and  Buchtar Tabuni[7] and the rally of returning special autonomy. Other cases relating to social, economy and culture which potentially bring negative impact on Papuans and destroy Papuan values such as MIFEE in Merauke,[8] Dagewo case in Paniai[9],  the transfer of local land in Lereh for palm oil plantation, Freeport case,[10] and many illegal logging cases.

Bsaed on our observation and data collected, the problems mentioned above happen because of the following reasons:

First, government still stigmatisize any Papua groups and individual as separatist as they do resistance against government. Government uses ‘stigmatization of separatist” as powerful  strategy to silence Papuans demand and freedom of expression and weaken the critical thinking from Papuans who often criticise the govermnent policy. This strategy is partially successful as it silences resistant movement but in the other side it gives more energy and spirit for more resistance. Also, this unpopular strategy has planted the seeds of hostility and mistrust among Papuans against Indonesia.

Second, Jakarta still plays dominant role in the issue of any policies and their implementations in Papua. Jakarta, as the central power, is still unable to trust any process of development in Papua although Papua has been given special autonomy to manage themselves. MIFEE case, violence against civilians in Bolakme, Tingginambut-Puncak Jaya and Freeport cases are example on how central government still exercise their absolute authority which potentially destroy basic rights of Papua. Central govermnet just interest in investment without considering the basic rights of Papuans and their values

Third, Papua is still considered as conflict area. Therefore, security approach is dominant. Huge number of troops are deployed  every year to Papua to secure the border area and investor’s assets. Ironically, the security approach has caused fear and revive the past trauma. People in the border feel fear when they go to bush and forest to hunting, gardening as they might be arrested as being suspected as members of Papua freedom movement (OPM)/ National Freedom Army (TPN).

Fourth, The massive deployment of troops which is to secure investors’ assest has caused human right violations and fear. The rights of people are neglected and intimidation is done when the locals demand their rights and speak critically.

Fifth, Economic problems are still strongly perceived as the main problems in Papua. Therefore, huge amount of money and investment is needed to build Papua to improve their economy. RESPEK ( strategic plan for rural development) program is one example where the program emphasize infrastructure development rather than human resources development. Moreover, suspection among the locals is rising over the use and management of special autonomy fund used for RESPEK program. Also, no efective supervision has led to corruption

Sixth, the policy issued by govermnet and its implementation actually repair the impact not solve the basic problems which has been persisting so long. It is crucial that any policy has ‘solving-problems’ elements. If not, the problems will never be solved.

Based on the description above, we urge Mr. President to take immediate action by ordering central government and localgovernment to do the following:

First, hold peaceful dialog as an effective means to solve the problems in Papua. The dialog Jakarta-Papua which has been initiated by Papua Peace Network Team needs to be supported. The dialog should involved all elements: government, customary community, religious leaders, academics and civil groups.

Second, stop all stigmatization against Papuans and place them a citizens who have rights to be protected by the state. Constitutions guarantee freedom of expression and this should also be applied to Papuans. Some articles in state criminal law and government regulation No. 77 year 2007 about treason and subversion need to be amended as it limits the freedom of expression

Third, revise or redesign security approach to be human rights-based approach as it will recognise the rights of Papuans and protect Papuans from violent acts. The deployment of troops need to be adjusted to the need of the local area and real threat as to save state budget of defense

Fourth, police should exercise their professionalism in keeping the order and promote human rights. The professionalism is shown by giving protection so people feel secure and peaceful in doing their activities. This is important to bring back trust from the people.

Fifth, push the policy that promote human rights and provide justice to the victims of human rights abuses. Government has to take immediate action to establish human rights court and reconciliation and truth commission in Papua as mandated by special autonomy law

Sixth, central government needs to revise public-service related policy because the existing policy does not provide and touch the basic rights of Papuans. There are three public service issues that needs to taken into consideration: education, health and economy where these three areas are directed to empowernment, affirmative action and protection

Seventh, Policies issued for Papua need to have recognition of human rights elements. This is so because all existing policies basically emphasize on economic and welfare problems.

Eighth, governor, Papua legislative (DPRP) and Papua People’s Assembly (MRP) should build good coordination and reponsive to the problems of human rights abuses in Papua. Lack of initiatives and good will from these institutions show that they actually do not have commitment to promote human rights in Papua and potentially increase mistrust among Papuans.

We write this open letter with the hope that immediate action to be taken to solve the problems in Papua. Thanks

Jayapura, 05 January 2010

Institutions support this open letter

Papua Based Institution

Foker LSM Papua, ALDP, Elsham Papua, SKP-KPC, KPKC Sinode GKI Papua, LBH Jayapura, JAPH-HAM Wamena

Jakarta Based Institution

Imparsial, Kontras Jakarta, HRWG, PRAXIS

CC :

1.  Menkopulhukan RI

2.  Menkokesra RI

3.  Menteri Dalam Negeri RI

4.  Menteri Luar Negeri RI

5.  Menteri Pertahanan RI

6.  Panglima TNI

7.  Kapolri

8.  Jaksa Agung RI

9. Ketua DPR-RI

10. Anggota DPD Provinsi Papua

11.  Gubernur Provinsi Papua

12. Gubernur Provinsi Papua Barat

13. Ketua DPRP

14. Ketua MRP

15. Kedutaan Asing

16. lembaga Internasional

17. Jaringan kerja Papua

[1] This video was initially released by Hongkong Based Human Rights group, AHRC and made public through youtube. In the video, it shows that military tortures civilians suspected as members of Papua free movement group. But in fact, the victim is a reverend. Government then response to the incident immediately by forming fact-finding team. Ministry of politics, law and human rights finally acknowledges in the press release that it is true that military has done such a barbaric act. The perpetrators of the torture were finally on trial and sentenced respectively 5 months and 7 months. This very minimum sentence indicates a failure of states to provide justice to the victim

[2] An ambush against military in Yugam, Bolakme, Jayawijaya district on 1 december 2010. This incident has caused two civilians die

[3]This incident took place on 17 November 2010, 35 houses burned and 3 got injured. The highlanders damage the houses in Yoka as they are angered by a song composed by a Yoka man which insult the highlanders. It is also suspected that third party plays role in fueling the conflict. Local government has facilitated a dialog and they have agreed to cease their hostility. .

[4] Group of unknown men shoot civilians in Nafri, Abepura on 28 November 2010. One was dead and 4 seriously injured. The perpetrators are not identified yet.

[5]Friday on 3 December 2010 around 12.00, 4 prisoners and one detainee escape from prison. Miron Wetipo, one of the prisoners is shot dead when trying to escape. One of the prisoner is finally caught while the other three escape.

[6] Rahmat Faisal, an employee at mobile phone counter,  found dead by Oktafinaus Yerisitow. The victim was suspected being shot around 13.00 on 13 December 2010

[7] Filep Karma and Buchtar Tabuni were detained as they are suspected as the mastermind of riot in the prison after the death of Wiron Wetipo, a man shot dead while trying to escape from prison. Actually, Filep Karma and Buchtar Tabuni just ask head of law and human rights department about the reason why Wetipo was shot dead

[8]Merauke Integrated Food and Energy Estate (MIFEE) is a joint program between local and national government. This program will place Merauke as global agriculture industry. The program is promising which says that in 2030 Indonesia will have additional reserved food such as rice of 1.95 million ton, corn 2.02 ton, and many other food reservation. Also, Merauke will have income of IDR 124.2 million per capita per year in 2030. The program will bring more people from Java to work in the industry. Sadly, the program has taken people’s land.

[9]Illegal mining in Degowo has happened since 2001 where local do the mining without outside intervention. But since 2003, intervention comes and backed up by military and police. As more outsiders come and do the mining, the locals are moved out and can no longer do traditional mining as they used to do. They are even forced to release their land to investors who are interested in the gold mining. Moreover, prostitutes are brought by investors and military to Degowo to entertain the locals.

[10] Freeport case is the longest and massive exploitation of natural resources in Papua. Although there have been many efforts initiated by Freeport to bring back trust of Papua such as giving Cooperate Social Responsibility (CSR) but the problems and mistrust remain

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Press Release issued by the Papuan People’s Coalition for Truth (KRPBK)

Press Release issued by the Papuan People’s Coalition for Truth (KRPBK)
[Received by TAPOL on 12 January 2011]

OTSUS (Special Autonomy) is a catastrophe, which is the most appropriate
word to to describe the role f the Indonesian Republic in binding
together Papua and Jakarta with their offerings to quell the the Papuan
people’s calls for MERDEKA.

We all know that since the enactment of OTSUS, the blood of the Papuan
people has been shed more than ever before, in all corners, in the
mountains, the valleys, along the coasts and in the cities.The
aspirations of the people have been stifled by legalistic measures that
have put the rights of the people behind bars. The stigma of separatism
is being increasingly stoked up and linked to the struggling Papuan
people. The Papuan people are being marginalised in their own homeland.

We still remember 15 August 2005 when the entire people came out onto
the streets throughout the territory of the Land of Papua, calling for
OTSUS to be handed back to the Indonesian government, but the fact is
that the Indonesian government doesn’t care about this. OTSUS continues
to be imposed by force with a series of actions that are destroying the
lives of the indigenous Papuan people. One such action was the
establishment of the MRP (Majelis Rakyat Papua) which was said to be
the cultural representative of the Papuan people, but was deliberately
created as a toothless institution.

On 8 – 9 June 2010, the Papuan people held a Grand Assembly (MUBES)
which adopted eleven recommendations as their solemn and most important
agreement. We all agreed that these eleven recommendations were born
out of the desperation of the Papuan people because of the tricks by
Jakarta.

On 17 July 2010, mustering all their forces, the Papuan people came out
onto the streets to hand back OTSUS and to demand that the Indonesian
government immediately implement the eleven recommendations of MUBES.

But the government has been struck by forgetfulness. Official agencies
such as the provincial assembly (DPRP) and the governors have simply
ignored these demands. In order to safeguard their hold over the Land of
Papua, an OTSUS Evaluation Committee was set up which has been rejected
by the people. An Indonesian-style agency, the Lembaga Masyarakat Adat,
was set up as a counter-weight to the Dewan Adat Papua (Traditional
Council of Papua). A committee for the recruitment of members of the
MPR was set up under the control of the Kesbangpol (a government agency
the name of which we cannot identify) to recruit members of the MRP.
These measures were taken to safeguard the election of the governors and
deputy governors of the provinces of Papua and West Papua, bearing in
mind that it will be up to the MRP to decide who are chosen to become
the governors and deputy governors.

The recruitment of the members of the MRP , based on a special
regulation, is now in progress in various parts of the territory and
will be completed shortly.

On 10 January 2011, a ministerial meeting was held in Jakarta to set up
two MRPs and on 18 January, the recruitment of the members of the MRPs
will be finalised, their names will be made public and they will be
sworn in on 31 January 2011.

All these facts show clearly that the Indonesian government, the DPRP
and the governors of the provinces of Papua and West Papua have violated
the wishes of the Papuan people. OTSUS, the offering made by Jakarta to
the Papuan people, has been rejected by the Papuan people who demand
that their political status should be established as a sovereign nation
and state.There can be no compromise this for would only lead the
Papuan people to many long years of suffering in their own homeland.

As the people of this homeland, what more can we do to continue with our
resistance? The only word is RESIST!

The Papuan People’s Coalition for Truth (KRPBK) demand the following:

1. That the establishment of the second MRP should be halted because
this does not conform with the wishes of the Papuan people who have
already rejected OTSUS.

2. To call on donor countries to immediately end their contributions to
OTSUS funds via the Indonesian government because OTSUS has failed.

3. The DPRP should immediately convene a plenary session to decide on
its response to the eleven recommendations made public by MUBES on 8 – 9
June 2010.

4. That the Lembaga Masyarakant Adat created by the government should be
dissolved because it does not represent the indigenous peoples in the
seven traditional regions of the Land of Papua.

5. That the Papuan conflict should be resolved immediately by granting
the Papuan people the right to self-determination.

The eight components of the KRPBK are:

Osama Usman Yogobi. KRPBK

Musye Weror, Students Council of UNCEN

Marthen Agapa, Coordinator of Parjal

Jack Wanggai, National Authority of West Papua

Simon Alua, chairmaan of AMPTPI.

Petrus Rumbiak, Papuan Youth

Alius Asao, SHDRP

Selpius Bobii,chairman of the Pepera Front

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DAP leader rejects police moves to question him

Bintang Papua, 11 January 2011

Forkorus Yaboisembut, the chairman of the Papuan Indigenous Council, DAP
has reported that two members of the police force came to visit him at
2pm the previous day, saying that they wanted to take him to Jayapura
police headquarters to question him about a case of bribery in
connection with attempts to kill him some time ago.

Speaking by phone to Bintang Papua, Forkorus said that he was confused
by the police officers’ visit because, according to him, the case they
wished to discuss had been resolved in a collegial fashion within the
kampung. He said that there had been some misunderstandings between
himself and some of his grandchildren but the matter had been resolved
peacefully in November 2010. If the police now intend to investigate the
matter, this would be quite wrong because the matter had already been
resolved within the family.

‘There is no need for the police to investigate the matter,’ said
Forkorus, ‘because I have already told the media that the matter has
been resolved.’ He said that the money involved had already been
returned to its rightful owners within the family. The incident had
occurred when one of his grandchildren, under the influence of drink,
had made threatening remarks against him.

The local chief of police has denied that they had made any attempt to
take Forkorus in for questioning.

0

Selection of MRP members should stop, say church leaders

Abridged in translation by TAPOL

Bintang Papua,11 January 2011

Given the growing concern about the implementation of Special Autonomy
(OTSUS) as reflected in the decisions of the Grand Assembly of the MRP
and the Papuan Indigenous People held on 9-10 June 2010, several church
leaders have called on the Indonesian president, the governors of the
provinces of Papua and West Papua and the chairmen of the provincial
legislative assemblies to halt the process of selecting members of the
MRP (Majelis Rakyat Papua – Papuan People’s Assembly) until such time as
there are clear answers to the eleven recommendations that were
submitted to the provincial assembly (DPRP) on 18 June 2010, according
to a joint communique by the churches The signatories include the head
of the Evangelical Church, the GKI, Rev. Jemima Krey, the head of the
Kingmi church, Rev. Benny Giay, Rev. Socrates Yoman and the head of the
Pentacostal Church, Rev. Tonny Infandi.

The assembly held in June 2010 which was facilitated by the MRP was an
official forum representing the voice of the Papuan people, well within
the framework of the rule of law in Indonesia. On that occasion, the
Papuan people clearly expressed the view that the OTSUS Law 21/2001 had
failed to result in any improvements in the living conditions of the
Papuan people which is why the Papuan people had returned the law to
Jakarta.

The handing back of the law to the two provincial assemblies occurred in
Jayapura and Manokwari on 18 June 2010, when a deadline of one month was
set for members of the asemblies to hold plenary sessions to respond to
the people’s aspirations, but since that time, neither of the assemblies
had adopted any measures to respond to these demands.

The impression is that the the central government as well as the
provincial assemblies are not in any way interested in taking any
action to improve the implementation of OTSUS, which is in direct
contradiction with the wishes of the Papuan people.

The situation has been further aggravated by current moves to set up a
new MRP, a body that has now been rejected by the Papuan people.

There is even the impression that the central government via the
intermediary of the United Agency of the Papuan Provinces, is about to
create a ‘puppet MRP’ within the framework of the OTSUS law that will be
incapable of granting protection and upholding the basis rights of the
indigenous Papuan people.

Church leaders regard the creation of such an MRP as being in serious
violation of the dignity of the Papuan people. The church leaders
therefore state the following:

Firstly, we respect the aspirations of the indigenous Papuan people as
declared in the decisions of the Grand Assembly on 9 -10 June 2010, that
OTSUS has failed and has been returned to the central government.

Secondly, that the central government and the provincial assemblies
should immediately stop all moves to select members of the MRP until
such time as there are concrete responses to the results of the Grand
Assembly that were made public on 16 June 2010.

Thirdly, we call upon the governors of the Papuan provinces to stop
ignoring the aspirations of the Papuan people and to sit down with the
people to hold comprehensive talks about Papuan aspirations in rejection
of OTSUS, democratically and in a spirit of justice.

Fourthly, we call on the central government to enter in dialogue with
the Papuan people so as to bring to an end the protracted legal and
political uncertainty which has brought despair to the Papuan people
who we lead in this Land of Papua.

Fifthly, we reject all attempts or formulations that spread confusion
about the demand for dialogue between the Papuan people and the
government of Indonesia which has for many years been expressed by the
Papuan people.

Sixthly, we urge the Indonesian government to stop all forms of
intimidation and terror and other repressive measures that are aimed at
stifling critical opinions from our community regarding development
that is now under way in the Land of Papua which has failed to respect
the interests of the common people.

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COALITION OF UNITED PAPUAN PEOPLE FOR TRUTH (KRPBK) CALLS FOR DISBANDMENT OF THE MRP

[BACKGROUND COMMENT: News that preparations are being made for the creation of a new MRP has resulted in a number of comments from groups in Papua, most of which are very hostile to the idea, in view of the widespread dissatisfaction with Special Autonomy and calls for it to be ‘handed back’ The following is one of these comments, translated by TAPOL] 

COALITION OF UNITED PAPUAN PEOPLE FOR TRUTH (KRPBK) CALLS FOR DISBANDMENT OF THE MRP

Jayapura: A large number of  people who are members of the KRPBK took part in a demonstration in Jayapura on Monday 11 January  protesting against the recruitment of members of the Majelis Rakyat Papua (Papuan People’s Assembly).  They called for the MRP to be disbanded without delay because Special Autonomy (OTSUS) has been a total failure.

The demonstration began with a series of speeches outside the office of the MRP, under the guard of security forces from the police and Brimob. The demonstrators then proceeded to the office of the DPRP, the Papuan provincial legislative assembly, to present their demands.

Representatives from several components of civil society in Papua stated their views in a series of speeches. They said that  OTSUS which had bound Papua to Jakarta has been declared a failure by all the Papuan people at the time when they declared that they had handed back the OTSUS law  to the Indonesian government on 12 August and 17 July 2010. This means that there is no question of recruiting members of the MRP. The MRP which was set up as the the cultural voice of the Papuan people within the framework of OTSUS had proved incapable of representing the views of the Papuan people because it turned out to be nothing but a puppet. This means that there is no longer any need for the MRP to continue to exist in Papua.

They also urged the DPRP to implement the eleven recommendations [see below] adopted by the Grand Assembly of the Papuan People in June 2010. They pointed out that there had been no reaction to these eleven recommendations and nothing had changed.

The demonstrators called upon the Euroopean Union, the US and other countries which have made contributions to OTSUS to end their financial support . They also called upon these countries and the international community to push for acknowledgement of the status of Papua as a sovereign state and an independent people.

If these demands are not speedily  implemented, the KPRBK said that it will occupy the offices of the MRP and the DPRP together with a far greater number of  people. This action will take place simultaneously throughout the national territory of West Papua.

The KRPBK demonstration then met the chairman of the Commission A of the DPRP who is also the chairman of the MRP recruitment comittee, Drs Ruben Magai, who explained that the authority to disband the MRP rests with the MPR – the People’s Consultative Assembly of  the Republic of Indonesia – and the matter could not be handled by the DPRP, nor does the DPRP have the authority to respond to the eleven recommendations of the Papuan People.

Ruben Magai also said  that a special committee to evaluate OTSUS had been set up and the evaluation would happen very soon. As for the recruitment of members of the MRP, that is also in progress, together with the selection of the new governor and deputy governor, which is to be carried out by the MRP.

The KRPBK said that they were not satisfied with the response of the DPRP. They read out a statement of their opinion, while at the same time saying that they would refuse to make any written statement to the DPRP about their aspirations  until such time as their demands had been met.

—————————-
NB: The eleven recommendations were adopted by the MRP and the Indigenous People of Papua in June 2010 and call among other things for OTSUS to be returned to Indonesia, for an internationally-mediated dialogue with the Papuan people, for the holding of a referendum for Papuan independence, for the demilitarisation of Papua, for an embargo on international assistance for the implementation of OTSUS and for the closure of Freeport.

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