Australia must act to protect human rights in Papua: Joint letter from HRLC and Human Rights Watch (28 Nov 2011)

The Australian Government should take a leadership role in promoting and protecting human rights in the troubled Indonesian province of West Papua say two leading human rights organizations in a Joint Letter to the Foreign Minister, the Hon Kevin Rudd MP.

Ahead of the 50th anniversary this Friday of the first raising of the West Papuan ‘Morning Star’ flag, the Human Rights Law Centre and Human Rights Watch have called on Minister Rudd to publically and unequivocally condemn the excessive use of force and suppression of peaceful protest and also deploy Australian embassy staff to Papua to monitor and observe anticipated events to mark the anniversary.

“Australia must unequivocally support the human rights of all persons to freedom of expression, association and assembly,” said Tom Clarke from the Human Rights Law Centre. “It is not in Australia’s strategic interest to have a festering human rights problem on our doorstep.”

“The default policy of successive Australian Governments has seemingly been to politely look the other way while human rights abuses occurred on our doorstep. This approach desperately needs rethinking. The problem of violence and repression in West Papua needs to be acknowledged and addressed,” Mr Clarke said.

The ‘Morning Star’ flag was first raised in 1961 when West Papua was moving towards independence with assistance from its colonial Dutch Government and the Australian Government. By this time, Papua already had its own government officials. However, in 1962 a chain of events eventually led to Indonesia taking control of Papua and well documented military violence and human rights abuses have plagued the province since. Today Papuans face imprisonment for simply raising the ‘Morning Star’ flag.

The letter urges Minister Rudd to call for a full and impartial investigation into recent use of force, including fatal force, by Indonesian police and military forces on a peaceful assembly on 19 October. The attacks on the Third Papuan People’s Congress resulted in at least three protesters being killed, at least 90 being injured and approximately 300 arrested.

“The West Papuan people do not enjoy the types of basic rights that we take for granted here in Australia. The right to meet to discuss ideas and express political beliefs are severely curtailed in West Papua. The international media is heavily restricted in travelling to Papua and reporting on events there. We are concerned that without international attention being focused on West Papua, human rights abuses are likely to continue,” Mr Clarke said.

The letter also requests that Minister Rudd urge the Indonesian Government to release all persons detained in Papua for the peaceful expression of their political views, including Filep Karma who the UN Working Group on Arbitrary Detention advises should be immediately released.

“Minister Rudd should follow US Secretary of State, Hilary Clinton’s lead and directly raise concerns with Indonesia about the violence and abuse of human rights in West Papua. If he has a ‘special relationship’ with Indonesia, now is the time to make the most of it and, as a friend, help Indonesia meet the commitments that it’s signed up to under the International Covenant on Civil and Political Rights,” Mr Clarke said.

The Human Rights Law Centre will be hosting a public seminar in Melbourne with Human Rights Watch’s Elaine Pearson looking at this and other human rights issues in Asia on Wednesday 7 December. Further details can be found online here.

For further comments from HRLC: contact Tom Clarke on tom.clarke@hrlc.org.au or 0422 545 763

For comments from HRW: contact Phil Robertson on RobertP@hrw.org or +66 85 060 8406

AAP: Exodus in Papua amid fears of crackdown

http://news.smh.com.au/breaking-news-world/exodus-in-papua-amid-fears-of-crackdown-20111127-1o10t.html

 Karlis Salna, AAP South-East Asia Correspondent

November 27, 2011 


AAP
Human rights groups have called for Australian monitors to be allowed into Papua amid reports people are fleeing parts of the Indonesian province due to fears of another violent crackdown on pro-independence rallies planned for next week.
In a joint letter to Foreign Minister Kevin Rudd, Human Rights Watch and the Melbourne-based Human Rights Law Centre have called for Australian embassy staff to be deployed to the restive Indonesian province to monitor events on December 1.
Large numbers of people are expected to gather in cities and other areas in Papua on Thursday for rallies to mark an unofficial independence day and the 50th anniversary of the first raising of the Morning Star flag.

The flag has been adopted by the separatist Free Papua Movement(OPM) and is regarded as a symbol of independence in the province which has been racked by a surge in violence over the past six months.

However, the Indonesian government considers the raising of the flag an act of treason.
At least three protesters were killed and another 90 people injured last month when Indonesian police and military stormed a pro-independence rally in Abepura after the raising of the Morning Star flag.
Video of the aftermath of the rally, broadcast on Australian television, also showed police beating unarmed protesters, including children.
As many as 300 people were arrested.
A spokesman for the pro-independence group, the National Committee for West Papua (KNPB), has told AAP that large numbers of people have begun leaving Jayapura and Manokwari in Papua, fearing a backlash from security forces at rallies planned for Thursday.
As Indonesia remains off limits to foreign journalists, the report could not be confirmed.
In the letter to Mr Rudd, Human Rights Watch and the Human Rights Law Centre raise concerns about the likelihood of a repeat of last month’s violence as well as the use of excessive force by the police and military.
The letter calls on Mr Rudd to urge the Indonesian government to allow full and free access of journalists to Papua and to deploy Australian embassy staff to monitor and observe events on December 1.
The human rights organisations say there should also be a full and impartial investigation into the deaths and injuries, and allegations of excessive use of force by the authorities, arising from the demonstration in Abepura on October 19.
But the letter also criticises the Australian Ambassador to Indonesia Greg Moriarty who had described the actions of the protesters at the rally as provocative.
“In our view, a clear and firm public statement on Australia’s position on human rights in the area is critical, especially since there is a real risk that Australian Ambassador Greg Moriarty’s recent reference to the actions of Papuan People’s Congress leaders as illegal, provocative and counterproductive may otherwise be interpreted as supporting a government crackdown on the congress,” the letter said.
Mr Moriarty, however, had also pointed to the response by Indonesian security forces as being disproportionate.
The letter to Mr Rudd also questions Australia’s funding and training of Indonesia’s elite anti-terrorism squad Densus 88, members of which were among the security forces present at the rally on October 19.
“Australia plays a critical leadership role on human rights in Asia and the Pacific and should take a principled and proactive stand on human rights with a key partner like Indonesia,” the two human rights organisations said.
Indonesia has been battling a long-running but low-level insurgency since its takeover of Papua in 1969.
However, the security situation has deteriorated in recent months with the province experiencing its worst violence in years.
Figures from Indonesia’s Commission for Missing Persons and Victims of Violence show at least 40 people have been killed as a result of the violence since the beginning of July.
© 2011 AAP

Amnesty: ‘Slap on the wrist’ for police violence in Papua is accountability failure

These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, or for the use of excessive and unnecessary force against a peaceful gathering.

Sam Zarifi, Amnesty International’s Director for the Asia-Pacific
Wed, 23/11/2011

 

The fact that eight Indonesian police officers involved in a violent crackdown on a peaceful gathering that left three dead have only been given written warnings, is a failure of human rights accountability, Amnesty International said today.The warnings were given after an internal disciplinary hearing on 22 November found that the officers violated the police Disciplinary Code.On the afternoon of 19 October 2011, police and military units violently dispersed peaceful participants of the Third Papuan People’s Congress, a nationalist gathering being held in Abepura, Papua province.

The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were later found near the Congress area.

“These written warnings are a slap on the wrist.  They do not provide accountability for the deaths of three people, nor for the use of excessive and unnecessary force against a peaceful gathering,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director.

Some 300 participants were arbitrarily arrested and ill-treated at the end of the Congress. Most were released the following day but six have been charged and are currently awaiting trial.

Amnesty International has called on the authorities to act on the findings of the Indonesian National Human Rights Commission (Komnas HAM) that rights violations were committed by security forces, and to prosecute those responsible.

“Even though the Indonesian authorities have a responsibility to prosecute human rights violators, this is yet another example of how in Indonesia, human rights crimes committed by police officers never reach civilian courts, but are dealt with through inhouse disciplinary hearings,” said Sam Zarifi.

“Internal disciplinary procedures are for dealing with minor offences, not serious human rights violations.”

Amnesty International also urges the Indonesian authorities to set up an independent police complaints mechanism to deal with human rights violations by police officers.

Current bodies such as the National Police Commission or the National Human Rights Commission do not have the powers to deal effectively with complaints about police abuses, nor to provide reparations to victims.

A Komnas HAM investigation team found a range of human rights violations were allegedly committed by the Indonesian security forces on 19 October, including opening fire on the peaceful Papuan gathering and beating and kicking participants.

It was reported on 7 November that the President’s office had rejected the Komnas HAM findings, stating that the police were still handling the case.

On 22 November, an internal police disciplinary hearing in Jayapura, Papua found the former Jayapura Police Chief Iman Setiawan guilty of violating the Disciplinary Code for “his inability to co-ordinate police officers under his command”.

Seven police officers from Jayapura City were also found guilty of violating the code for not “protecting and servicing the community with the best of their ability” and “degrading the honour and dignity of the state and the police”. They were all each given a written warning.

The disciplinary hearings for the seven police officers were reportedly held behind closed doors.

——————–

JG: Officers Involved in Deadly Crackdown On Papuan Congress Slapped on Wrist

http://www.thejakartaglobe.com/home/officers-involved-in-deadly-crackdown-on-papuan-congress-slapped-on-wrist/480247

Banjir Ambarita | November 23, 2011

Jayapura. The former Jayapura Police chief and seven of his subordinates were handed a token written warning on Tuesday for their role in a brutal crackdown on a peaceful gathering that led to the deaths of at least three civilians.

At a disciplinary hearing at the Papua Police headquarters, Adj. Sr. Comr. Imam Setiawan was ruled to have committed a disciplinary infraction by not prioritizing the protection of civilians.

A parallel hearing at the Jayapura Police headquarters found the seven others guilty of a similar breach. All were issued a warning letter, despite earlier findings by the National Commission for Human Rights (Komnas HAM) that the crackdown on the pro-independence Papuan People’s Congress violated a raft of basic rights.

A day after the incident on Oct. 19, six congress participants were found dead in a field near the scene and just outside the local military headquarters.

Komnas HAM had ruled that at least three of the deaths could be attributed to excessive use of force by the security forces, although it stopped short of specifically fingering the police or the military.

In his defense, Imam said his men had acted out of fear of a repeat of the clash that occurred in March 2006 between protesters and security forces at Jayapura’s Cendrawasih University that left five police officers dead.

Sr. Comr. Deddy Woeryantono, the provincial police’s head of internal affairs, said the punishment meted out to the eight officers was the “heaviest in the police force.”

“If in the next six months after receiving a warning they commit another disciplinary breach, it’s possible that their punishment could be increased,” said Deddy, who presided over the disciplinary hearings.

He declined to say how the heaviest punishment available could be made any heavier.

The other officers disciplined included Comr. Junoto, the Jayapura Police’s operations head; Adj. Comr. Laurens, the head of intelligence; Adj. Comr. Frans, the head of riot personnel; and Adj. Comr. Ridho Purba, the chief of detectives. Adj. Comr. K.R. Sawaki and First Insp. I. Simanjuntak, the North Jayapura Police chief and deputy chief, and Comr. Arie Sirait, the Abepura Police chief, completed the list.

Tuesday’s decision echoes similar cursory punishment handed down to soldiers accused of gross rights abuses. In August, three soldiers accused of killing a Papuan man were given 15 months in jail for insubordination by a military tribunal.

In January, the military was criticized internationally for handing out sentences of between eight and 10 months to three soldiers who had tortured two Papuan men, in an act caught on video and posted to YouTube.

Why Now? A West Papua Backgrounder

from our partners at New Matilda.com

By Jim Elmslie

Papuans demand referendum.

NM has kept a close eye on West Papua as pressure in the breakaway Indonesian province builds. Long-time Papua watcher Jim Elmslie explains why the situation has escalated – and may get worse in coming months

Two seminal events have shattered the uneasy status quo in West Papua: a labour strike at the Freeport mine, and the declaration of an independent West Papua at a landmark mass meeting of Papuan nationalists, the Third Papuan Congress.

Papuans are in a weak position to effectively pursue any policies that would improve their situation, or move towards the desired goal of many — independence. In fact their situation continues to deteriorate as more non-Papuan migrants arrive and the militarisation of West Papua continues unabated.

By 2010 the indigenous Melanesian population comprised slightly less than half the total population of 3.6 million. Military repression has contained, but done nothing to abate, Papuan resistance to what many perceive to be their “slow-motion genocide”.

It is hard to disentangle the history of the Freeport mine from the larger history of West Papua since the Indonesian takeover.

Indonesia took West Papua by diplomacy backed by military force: a force that no other country, including Holland, was ultimately prepared to oppose. President Sukarno and his successor, President Suharto, felt fully entitled to the riches of West Papua, won in the face of adversity.

The greatest of these riches has been the Freeport mine, the most valuable mining operation in the world. It was imposed on the Amungme people against their will and has been dominant in the political economy of West Papua ever since. The Freeport mine is very much a metaphor for the occupation of West Papua by the Indonesians and developments at the mine site cannot help but have profound effects across the entire country.

The status quo at the mine has been irrevocably transformed by the miners’ strike.

Blowing up the diesel and concentrate pipelines and blocking the mine access road has not only temporarily crippled the mine; it has permanently weakened the company. Once the epitome of aggressive American capitalism, it is now a victim of its own success, beholden to many forces and actors beyond its control which threaten the very survival of the company in Indonesia. Whether it be Papuan tribesmen, Indonesian unionists, theTNI or nationalist politicians in Jakarta, many people are out to get Freeport.

This phenomenon loosely coincides with the world-wide movement against authoritarian regimes (such as the Arab Spring) and against capitalist excess (such as the Occupy Wall Street movement). These movements have at least partly been fueled by the technological revolution that has thrown up new forms of communication such as the internet, mobile phones, Facebook and You Tube. Whereas Freeport and West Papua have always been hidden by their remoteness, they are now no more remote and disconnected from the rest of the world than anywhere else. What has worked in the past will no longer suffice.

Similarly the shooting by the TNI of unarmed protestors after the Third Papuan Congress did not take place in a vacuum. Within minutes of the first shots being fired news reports were being sent out by SMS, followed by mobile phone calls, emails, Facebook postings and uploads on You Tube.

Organisations around the world, such as Human Rights Watch in New York, were quick to condemn the shootings.

In Australia, Greens Senator Richard Di Natale moved a motion in the Senate calling for an end to military aid for Indonesia — a motion that now will have to be taken seriously as the Greens hold the balance of power in the Australian Parliament. There was no public condemnation of the shootings and associated human rights abuses from the Australian government, reflecting its extreme reticence to criticise Indonesia and the fragility of the relationship — at least over the issue of West Papua.

Other countries were not so constrained. Lord Avebury, Vice-chair of the UKParliamentary Human Rights Group, said, “this appalling display of excessive force has no place in a modern democracy”. In the US, Congressmember Eni Faleomavaega, well known for his outspoken support for West Papuans’ human rights, wrote a letter to the Indonesian Ambassador to the US, Dino Patti Djalal. Faleomavaega expressing his concerns about the Congress shootings and calling for the safety, “humane treatment” and immediate release of Forkorus Yaboisembut.

The geo-political importance of Indonesia, as a “moderate” Islamic nation, emerging economic force and potential bulwark against growing Chinese power, tended to mute further negative comment.

While the old status quo has been shattered with the strike and the Third Papuan Congress, no new equilibrium is in sight. In fact by 4 November the workers’ strike had coalesced with the Papua peoples’ political demands when tribesmen joined the strikers at the Freeport blockade and successfully fought back police attempts to break through. The tribesmen were drawn in by the strike and, armed with spears and arrows were expressing their own grievances over land rights, pollution and (lack of) compensation from the mine.

This was a seminal event in the political evolution of West Papua wherein all of the different agendas — and different sets of players — have come into play together at the political and economic heart of West Papua: the Freeport mine.

Freeport will probably (but not certainly) reopen in the coming months and resume production, but the mine and the company will now live forever in the shadow of the events of the past six weeks. The next attack will always be hanging imminent: maybe tonight; maybe never. But the illusion that the mine is safe and secure is gone forever. It is, for the time being, a defenseless victim which can be brought to a grinding halt at will. The security bought with the tens of millions paid to the TNI and police has proved to be no security at all; on the contrary those payments have made the mine even more vulnerable. All those billions seem up for grabs now.

Politically West Papua is in an even more chaotic and dangerous stalemate. Papuan aspirations for independence are being expressed ever more openly, defying the guns and threats, defying what most observers would see as logic: that independence seems an impossible dream. The Papuans believe that God is on their side; that history will vindicate them; that, like East Timor, their day will come and their imprisoned nation will one day be free.

Simultaneously the Indonesian nationalist position has hardened: the Papuans are seen as traitors trying to break up the nation and deserving of armed response, of death. Against this there are elements of Indonesian society that are considerably more flexible and nuanced in their understanding of the West Papuan conflict, exemplified by leading academic researcher, Muridan Widjojo, who has co-authored an important study on West Papua which strongly advocates negotiations.

Indeed, by 10 November even President Susilo Bambang Yudhoyono was starting to talk about dialogue, but with such restrictive preconditions — predictably the non-negotiability of sovereignty, but also the centrality of Special Autonomy — that many Papuans may baulk at participation, sensing another pointless exercise in propoganda. Meanwhile the real power continues to reside with the military in West Papua, which clearly views separatism as a traitorous threat to national sovereignty and negotiation or concessions as a sign of weakness.

As the currents that are rippling across the rest of the world inexorably flow through cyber space and into the computers, smart phones and consciousness of Papuans, the scene is set for an ever-bigger confrontation. The trends are ominous, and the process structurally violent.

Other nations, particularly Australia (as near neighbour, Indonesian military ally and home to the most significant foreign based corps of pro- free West Papua supporters — both Papuan and non-Papuan) are being drawn into this struggle. Just as Australia was drawn into the East Timor struggle, against the fervent wishes of both the conservatives and the Labor Party, Australia is now involved in West Papua.

If nothing else the Lombok Treaty signed in 2007 makes Australia a virtual military ally of Indonesia. One purpose of the treaty was to suppress support for West Papuan separatism, particularly in Australia. Official Australia is, therefore, directly participating in the repression of the Papuans, as it participated in the Indonesian occupation of East Timor with military cooperation and diplomatic support. This reflected the view within Australia’s foreign policy establishment that erroneously saw East Timor’s status as an Indonesian province as final (as they now see the status of West Papua). Eventually the Australian public rejected this position over East Timor; the same is likely to happen over West Papua as an understanding of the situation there filters out.

However the cards unfold the situation in West Papua will likely get much messier and more violent. The possibility of a quiet genocide occurring is real. Australia must come to expect this and realise that the future relationship between Australia and Indonesia will be forged in how our respective nations deal with this difficult and traumatic conflict, not through trade deals and jaunts to Bali. In this context, the call by Senator Richard Di Natale to cut military ties with Indonesia is the best immediate policy response available and should be widely supported.

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