West Papua Report March 2012

West Papua flag


This is the 95th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://www.etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary: A proposed U.S. sale of assault helicopters to the Indonesian military (TNI) would augment the military’s capacity to conduct “sweeping operations” against Papuans, especially against villagers who have for years suffered indiscriminate military attacks. The West Papua Advocacy Team (WPAT), in comment, calls on the U.S. Congress to block this sale. Indonesian authorities continue to block efforts of respected international non-governmental organizations to work in West Papua. The international media freedom advocacy organization, Reporters without Borders, is calling on the Indonesian government to end its repression of journalist activity in West Papua. WPAT notes that impeding NGO activities in West Papua and restricting media are part of a deliberate government policy aimed at obscuring Jakarta’s repression in the region. The policy, developed by the Suharto dictatorship, continues. Papuans, demonstrating peacefully, rejected Jakarta’s latest plan to salvage its “special autonomy” policy and demanded a referendum. Jakarta’s trial of Papuan leader Forkorus Yaboisembut and others for organizing the Papuan Third National Congress (October 16-19, 2011) is off to a rocky start as prosecution witnesses prove ineffective in documenting the government’s case. The World Council of Churches has issued a “wake up call” to the international community regarding growing tension and rights abuse in West Papua. International Parliamentarians for West Papua launched its Australian-Pacific branch.

Contents

* Sale of U.S. Military Helicopters to Indonesian Military Endangers on Papuan Civilians
* Indonesian Authorities Stiff Arms NGO Efforts to Work in West Papua
* International Media Freedom Group Raises Alarm About Repression of Journalists in West Papua
* Papuans Reject Central Government Unit Established to Salvage Special Autonomy
* Jakarta Case Against Papuans Peacefully Calling for Papuans Right to Self Determination Encounters Problems
* World Council of Churches Issues “Wake Up Call” to The International Community
* Australian-Pacific Branch of International Parliamentarians for West Papua

As this report was being prepared pressure on the legal team defending the Papuans involved in the Papuan Third National Congress has increased. A particular target is lawyer Gustav Kawer. TAPOL has issued the following plea which WPAT strongly endorses:

On Wednesday, March 5, call +62 967 532640 and ask to speak to the Head of the Prosecutor’s Office Imanuel Zebua, or his representative. There should be somebody there who speaks English, but if not it shouldn’t be a big problem – as long as the name and the concern come across that should have some impact.



Sale of U.S. Military Helicopters to Indonesian Military Endangers Papuan Civilians

Indonesia’s Deputy Minister of Defense Sjafrie Sjamsoeddin told Antara that Indonesia intends to buy eight AH-64 Apache helicopters from the United States. The sale of the AH-64 helicopters to the Indonesian military (TNI) poses a direct threat to Papuan civilians who have been the target of TNI assaults for many years. TNI “sweep operations,” including one currently underway in the Central Highlands region, include attacks on villages and the destruction of homes, churches and public buildings. These TNI assaults, purportedly aimed at eliminating the poorly armed Papuan resistance, force innocent villagers from their homes. The Papuans either flee to neighboring villages or into the surrounding forests where many die cut off from access to their gardens, shelter and medical care.

The AH-64 is designed for air to ground attack. It comes with a night vision system and is armed with chain gun M230 30mm. It also is equipped with rocket pods.

These aircraft will substantially augment the TNI’s capacity to prosecute its sweep operations in West Papua and will almost certainly lead to much higher cost to the civilian populations long victimized by such operations. The U.S. Congress must be notified of major weapons sales and can object to them.

WPAT Comment: Provision of these helicopters to the Indonesian military would significantly expand its capacity to extend its notorious sweep operations into remote areas that are now effectively beyond the reach of TNI ground forces. A U.S. decision to dramatically enhance the range and effectiveness of TNI sweeps would cast the United States in the role of an enabler and collaborator in military operations targeting civilians. The U.S. Congress can and should block the sale of this weapons system to the Indonesian military.)

Indonesian Authorities Stiff Arms NGO Efforts to Work in West Papua

Employing bureaucratic subterfuge, including manipulation of visa requirements and refusal to issue travel permits, the Indonesian central government has prevented respected international non-governmental organizations from monitoring human rights developments in West Papua, providing protection for Papuan human rights workers and even from affording humanitarian services. In 2009, Jakarta forced the International Committee of the Red Cross to close its offices in West Papua.

In late 2010, Peace Brigades International (PBI), an organization devoted to protecting human rights advocates around the world, ended its activities in West Papua following years of dealing with visa obstacles thrown in its path by Jakarta. PBI’s good faith effort to negotiate an arrangement whereby it would staff an office in West Papua with Indonesian personnel failed.

The Dutch humanitarian organization Cordaid was also forced to end its activities in West Papua. A July 2010 directive from the Indonesian government ended the agency’s decades old work in the area of social development and economic empowerment for the poor. Indonesian authorities refused permission for Australia’s Caritas to place its personnel in West Papua. A recent Oxfam project in West Papua, intended to empower women, has operated under constraints imposed by Jakarta including refusal to allow non-Indonesian consultants of the organization associated with the project to travel to West Papua.

International Media Freedom Group Raises Alarm About Repression of Journalists in West Papua

Reporters Without Borders (RSF) on February 10 called on the Indonesian government to ensure press freedom after a series of media freedom violations in West Papua.

Darma Sahlan, a journalist working for the weekly Monitor Medan, was found dead in a ditch in the village of Lawe Dua in Aceh province on February 5. RSF urged “the authorities to do everything possible to shed light on his death, and to not rule out the possibility that he was murdered in connection with his work.” The victim’s wife told local media (Serambi Indonesia) that her husband had had a heated phone conversation about one of his stories with someone a month before. An autopsy showed he had sustained a blow to the head from a blunt object and injuries to the face. Skid marks were also found near the body.

“They must also do what is necessary to guarantee the safety of journalists and freedom of information. We are very worried by the problems for journalists throughout the country and in West Papua in particular,” RSF said.

The group also also criticized the February 8 arrest in West Papua of Czech journalist Petr Zamecnik for taking photos of a pro-independence demonstration in Manokwari town in Papua region. The Czech reporter was subsequently deported. The demonstration protested the trail of prominent Papuans for their role in the peaceful convening of the “Third Papuan National Congress, October 16-19” (see report on the trial below). Photos of that demonstration from a separate source (see http://etan.org/issues/wpapua/2012/1203wpap.htm#photo ) reveal a peaceful, colorful demonstration. Indonesia imposes strict visa regulations on foreign visitors to Papua and tight restrictions on foreign journalists looking to report from the region. In 2010, two French journalists were deported from Papua for filming a peaceful demonstration outside government-approved areas.

Reporters Without Borders ranks Indonesia 146th out of 179 countries in its latest Press Freedom Index.

WPAT Comment: Pressure on international NGO’s attempting to work in West Papua (see above), in conjunction with the pressure on international journalists, are key to Jakarta’s continuing strategy, developed under the Suharto dictatorship, to prevent the world from witnessing its repressive policies in West Papua.

Papuans Reject Central Government Unit Established to Salvage Special Autonomy

Papuans demonstrated in opposition to the creation of a special unit intended to implement Jakarta’s failed “Special Autonomy” policy. Papuans have widely rejected the policy after a decade of failed implementation. The special unit, the Papua and West Papua Development Acceleration Unit (UP4B), was the target of Papuan students demonstrations. UP4B has the backing of President Yudhoyono. (For discussion of this Unit, its purpose and leadership, see the West Papua Report for November 2011.)

Demonstrations were organized by Papuan students studying in Makassar, South Sulawesi, and in Jayapura (Port Nambay), the capital of Papua province. The students in Makassar, according to a Jakarta Post story contended that the new unit would not solve problems, but only create new ones, in part by providing opportunities for corruption as has the “Special Autonomy” policy itself. The February 20 Makassar demonstration was organized by the Student Solidarity Forum for Papuan People. The students reportedly called for a tri-partite dialogue to address problems in Papua to involving the central government, the Papuan people and Amnesty International.

Meanwhile, thousands of Papuans in Jayapura on February 21 also called for the disbanding of the UP4B unit in a demonstration before the Papua Peoples Assembly (MRP) building. The demonstrators in Jayapura, like the Papuans in Makassar the day before also rejected “Special Autonomy” but added a call for a referendum on West Papua’s political future.

Jakarta Case Against Papuans Peacefully Calling for Papuans Right to Self Determination Encounters Problems

The trial of Forkorus Yaboisembut and four others who organized the October 16-19, 2011 Third Papuan National Congress is increasingly lurching toward a juridical farce. The public prosecutor announced that he would pose criminal charges against Gustaf Kawar, one of the defendants’ principal lawyers.

The prosecutor appears to be reacting to an incident on February 24 in which Kawar rebuffed the prosecutor’s attempts to interfere with the defense team’s cross examination of police witnesses. The defense team confronted the police witnesses with various facts, including that the meeting had proceeded peacefully and that police had severely mistreated Papuans who had attended the Congress.

Earlier in the trail, the police whom the prosecution produced as witnesses proved to be less than effective. Six of these witnesses were unable to answer questions from the chief persecutor regarding the declaration regarding Papuan independence that was allegedly read out at the end of the conference nor could they say whether the five defendants had been involved in a criminal conspiracy to set up the Federal Republic of West Papua.

One of the witnesses who had been summoned was a member of the Papuan People’s Assembly (MRP). Due to his membership in that body he was disallowed as a prosecution witness. The defense team successfully argued that inasmuch as the MRP is a cultural, and since the trial was related to the political aspirations of the Papuan people, that MRP member’s appearance might cause a conflict between the MRP and the Papuan people.

According to a lengthy report of the hearing in Bintang Papua, the police witnesses appeared not to know the defendants and were unaware of the declaration by Forkorus calling for the re-establishment of the Federal Republic of West Papua. According to Bintang Papua, the first witness, member of the Jayapura City police force, admitted that he did not know the identity of one of the accused, Agustinus Sananay Kraar.

World Council of Churches Issues “Wake Up Call” to the International Community

The World Council of Churches (WCC) Executive Committee recently issued a statement expressing concern over the escalation of violence in Tanah Papua (West Papua). The organization urged the Indonesian authorities to stop the killings of civilians at the hands of armed forces and protect the rights of Papuan people.

The statement highlights that the “tragic escalation in tension once again poses a wake-up call to Indonesia and the international community.” It insists that the “grievances of the Papuan people must be addressed without further delay.”

The report described how Papuans has suffered economic deprivation since the times of the Suharto dictatorship which developed a policy of “transmigration” whereby non-Papuans were transferred from other islands into West Papua,rendering Papuans a minority in their own land.

“Over the past several years the Papuan people have been demanding freedom of expression and the right to self determination, but the demands for their legitimate rights have been continuously suppressed by the Indonesian authorities,” reads the statement.

The statement called the churches to “provide long term accompaniment and also to be engaged in advocacy on peace and security for all Papuans in their struggle for the right to life and right to dignity.”

The statement was released during a WCC Executive Committee meeting in Bossey, Switzerland, which took place from 14 to 17 February.

Australian-Pacific Branch of International Parliamentarians for West Papua

The Australian Green Party, February 28, hosted the launch of the Australia-Pacific chapter of the International Parliamentarians for West Papua (IPWP). The event took place in the Parliament House in Canberra and was attended by some members of the ruling Australia Labor Party. Their participation drew criticism of the Labor Party leadership. Acting Foreign Minister Craig Emerson had urged Labor parliamentarians not to attend. One Labor member of Parliament, Laurie Ferguson, who defied Emerson’s advice by attending the launch, called Emerson’s urgings as “unprecedented, ridiculous and ill-informed.”

He called the launch “overdue,” adding “We’re talking about a country where people get 15 years in jail for raising a flag, where on all common analyses of Indonesian society it is the second worst province in regards to longevity of people’s life, child, infant mortality, income levels.” Ferguson said that there are about 60 West Papuans being held as political prisoners and described allegations of heavy militarization of the province.

The launch was welcomed in West Papua. In Biak, demonstrators carried the banned morning star flag and signs in English welcoming the launch. They called the 1969 “Act of Free Choice,” the fraudulent exercise through which Indonesia annexed West Papua, “illegal.” Demonstrators also peacefully took to the streets in Jayapura and in Timika where demonstrators flew the flags of Australia, New Zealand and Vanuatu.

In Fak Fak, at least ten Papuans were arrested on March 1 after peaceful February 28 demonstrations welcoming the formation of the IPWP chapter in Australia. The demonstrators also reportedly protested the formation of the U4PB (see above).

Back issues of West Papua Report

Full March 2012 report with graphics is here: http://etan.org/issues/wpapua/2012/1203wpap.htm

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

Concerns of JPIC in Papua regarding the situation in Papua

(Reflections on the situation in 2011)

From 13 to 16 February 2012, the secretariats of the Justice, Peace and Integrity of Creation (JPIC) in Papua (Franciscans JPIC in Papua, JPIC Archdiocese of Merauke, JPIC Agats Diocese, JPIC of Timika Diocese and JPIC of Sorong Diocese) held an annual meeting in Sentani. The outcome of this meeting is summed up in the following reflections on the situation in Papua with some recommendations.

The secretariats of JPICs in Papua confirm that the pro-investment policy of the Government of Indonesia and the torture and cruel treatment by the security forces have undermined law and the dignity of the indigenous Papuans, marginalising and threatening their right to life.

Situation in Papua in 2011

The indigenous Papuans have suffered from different investment policies of the Government in Papua. We found that the development policies on investment have caused the Papuans to lose their customary lands, identity, culture, livelihood, and they threaten the right to life. They have also become the source of horizontal conflict, as shown in the MIEFFE programme in Merauke, the palm oil plantation of PT. Merdeka Plantation Indonesia, PT. Merdeka Tapare Timber, PT Freeport Indonesia in Mimika, PT. Sawita Tandan Papua and PTPN 2 in Kerom.

The indigenous Papuans live in fear. The security forces use violence, torture, cruel and inhuman treatment against the Papuans which they justify with claims that their victims are supporters of the Free Papua Movement (Organisasi Papua Merdeka – OPM), as shown in the case of violence and torture against civilians during the 3rd Papuan Congress, the case of Tingginambut, the armed conflict in Puncak Jaya and Paniai and the conflict during the regional elections.

The indigenous Papuans are confused by the attitude of the Provincial Government which is not critical but rather tends to support the policy of the Central Government, as demonstrated in the case of the adoption of the policy on the Special Unit for the Acceleration of Development for Papua and West Papua (UP4B). This situation has put the future of the indigenous Papuans at risk. They are confronted with the difficulty to fight for their basic rights. The Papuan People’s Assembly (Majelis Rakyat Papua – MRP) and the Provincial Legislative Assembly of Papua (Dewan Perwakilan Rakyat Papua – DPRP) have been made powerless. MRP and DPRP only execute the orders of the Central Government and do not defend the interest of the Papuans.

The composition of the indigenous and non-indigenous Papuans is not in balance. The population census of the Indonesian Statistical Bureau (BPS) shows that the population of indigenous Papuans in the Provinces of Papua and West Papua is 1.760.557 or 48.73% of the total population, while the non-indigenous population is 1.852.297 or 51.27% of the total population of 3.612.854. It shows that the indigenous Papuans are a minority group in their own land while four decades ago they were the majority (96.09%).

Recommendations:

1. The Government of Indonesia should stop all investment that harms the right to life and the livelihood of the Papuan and conduct an independent evaluation of the companies investing in Papua. The Government of Indonesia should foster community-based development policies.

2. The Indonesian Military and the Indonesian Police should resolve the problems in Papua without using violence and they should bring to justice all perpetrators of the conflict in the area of PT. Freeport Indonesia.

3. In dealing with political demonstrations in Papua, the Government of Indonesia and the Police/Military should respect the right to freedom of expression of the Papuan people.

4. The Papuan People’s Assembly and the Provincial Legislative Assembly of Papua should genuinely represent the aspirations of the Papuans especially in addressing the issues that are causing the Papuans to become a minority in their own land.

These are our reflections and recommendations based on our wish to improve the future of Papua and to respect the human rights of the indigenous Papuans.

Abepura, 16 February 2012

P. Emanuel Tenau, Pr (Director of JPIC Diocese of Sorong) Br. Edy M. Rosaryanto, OFM (Director of Franciscans JPIC Papua). Ms. Veronika Tri Kanem (Program Manager of JPIC Merauke Archdiocese) Fr. Saul Wanimbo, Pr (Director of JPIC Timika Diocese) Fr. Hendrik Hada, Pr (Director of Agats Diocese)

Statement from 5 Makar accused at KP3 treason trial

STATEMENT BY FIVE PAPUANS WHO WENT ON TRIAL IN JAYAPURA ON 30 JANUARY 2011[This hand-written statement is signed by the five Papuans who went on trial in Jayapura on 30 January 2012, and is translated in full by
Carmel Budiardjo, TAPOL]

Fully understanding and conscious of our basic human rights as Papuans of the negroid race, part of the Melanesian race who live in the land of the country of West Papua, inheritors from our ancestors, we herewith firmly declare  that WE FIRMLY REJECT THE TREASON TRIAL AND OTHER SUCH TRIALS that has been mounted against the five of us, and we speak on behalf our colleagues and the entire nation of the Papuan people of the Nation of West Papua.

We call for an understanding of this declaration, a declaration of independence, in accordance with the principles of PUBLIC INTERNATIONAL LAW, a law which should be lawfully accepted. And in this case, this declaration will bring us substantial  happiness if it gains the recognition of the international community.

In order to gain substantial and dignified recognition from the international community, we have requested our international team of lawyers to  notify and register  our legal status along with the question of the annexation of the TERRITORY OF THE STATE OF WEST PAPUA at the International Court, with the Secretary-General  of the United Nations, Amnesty International and all member states of the United Nations, as well as other competent authorities.

We herewith categorically state that we are not prepared to make any statements or answer any questions that are based on the laws and accusations of treason by  the Unitary State of the Republic of Indonesia, during the current trial for treason. It is very clear indeed that this is a matter between two nations and two states, that is to say, between the Papuan nation and the Indonesian nation, between the Federal State of West Papua  and the Unitary State of the Republic of Indonesia.

The following are the reasons for our rejection of the trial for treason or any such trial:

[NB: The copy of the statement which we have received jumps at this point from page 2 to page 4 which suggests that the copy we have is incomplete.]

1.    Our struggle and the struggle of those who have gone before us and the nation of West Papua  and all members of the Papuan people up to the present day is a struggle for the restoration of independence and sovereignty of the Papuan Nation as one of our most basic political rights.

2.    Bearing in mind that the Unitary State of the Republic of Indonesia annexed and continues to annex, the people and nation of the Papuan people since the TRIKORA command which was proclaimed by the former president of Indonesia, President Sukarno on 19 December 1961 in the city of Jogyakarta and which was followed up by  the Indonesian military, from 1962 to the present day, by a variety of measures aimed at preserving the annexation.

3.    Our struggle is not aimed as damaging or destroying any country in the world.

4.    We do not intend to damage or destroy the Unitary State of the Republic of Indonesia.

5.    We feel that our dignity has been defiled, that our basic political  rights have been violated in our country, West Papua, which we inherited from our ancestors.

6.    No one, for whatever reason, has the right to make accusations against us or to convict us in a treason trial or any such trial. This is because we have become the subjects of our own laws  as citizens of the nation and state of the Federal Republic of West Papua.

7.    Based on the values of basic human rights, of democracy and the following universal laws:

a. The  first article in the Preamble to the1945 Constitution  of the Republic of Indonesia.
b. Article15 of the Universal Declaration of Human Rights of the United Nations adopted on 10 December, 1948.
c. Article 1, para 1 of the Covenant on Civil and Political Rights adopted as UN Resolution 2200 (xxi) which has been in force since 23 March 1976,.
d. The Declaration on Granting of Independence to Colonial Countries and Peoples in UN Resolution 1514 (xv) on 14 December 1960.
e. The basic principles of decolonisation , namely possidetis juris and the legal succession of the state to the colonial territories  of the  Dutch East Indies (Dutch Papua) since 19 October 1961.
f. ILO Convention No. 169, 1989 on the Rights of Indigenous and Tribal People.
g. The UN Declaration on the basic rights of indigenous peoples of 13 September 2007.
h. The Papuan Independence Manifesto of 19 October 1961 adopted by the Papuan National Committee.
i.  Stipulations adopted by the Grand Congress (MUBES) of the Papuan people in 2000.
j. The Eleven Recommendations of the Second  Papuan Peoples’ Congress and Indigenous Papuan People  in 2010.
k. The decisions of the Second Papuan Peoples Congress in 2000.
l.  The decisions of the Third Papuan Peoples Congress of 2011.

8.    The Statement by the Indigenous Papuan People and the Papuan people is a truth based on analytical and practical categories. The analytical category means that the indigenous P apuan people are the Papuan nation, a negroid race of the Melanesian race, located in the South Pacific. Whereas the practical category is a political statement which was enunciated in the Manifesto of Papuan Independence of the Papuan National Committee on 19 October 1961 in Hollandia, the State of West Papua.

9.     We democratically restored the independence and sovereignty of the Papuan people on 19 October 2011, at the Third Papuan Peoples  Congress with the establishment of the Federal Republic of West Papua  which was announced by the DECLARATION OF THE PAPUAN NATION IN THE STATE OF WEST PAPUA.

10.    The government of the Republic of Indonesia and the governments of all other members of the United Nations, should without discrimination recognise and respect the democratic processes of the Papuan people at the Third Papuan Peoples Congress on 19 October 2011 in the form of the Declaration of the West Papuan Nation and State.

11.     The application of the treason law against the Papuan people must be categorised as a violation of the basic and legal political rights of the Papuan nation.

We hereby call on to the Honourable Judges in this forum to annul the trial held in order to accuse us of TREASON and make similar charges against us. The solution to the independence of the Papuan nation which is our most basic political right must be sought by means of international mechanisms between the Federal Republic of West Papua and the Unitary State of the Republic of Indonesia, mediated by the United Nations.

In order to regulate the transfer  of sovereign powers from the Unitary State of the Republic of Indonesia to the Federal Republic of West Papua, we intend to initiate a new phase of cooperation  based on the principles of democracy,  justice, peace, mutual respect and dignity. As is customary between independent and sovereign nations and states on Planet Earth.

Herewith our statement of REJECTION OF THE TRIAL BEING HELD TO ACCUSE  US OF TREASON AND SIMILAR CHARGES.

Jayapura, 30 January 2012

Signed:

1. Forkorus Yaboisembut, President of the Federal State of West Papua.
2. Edison G. Waromi, SH, Prime Minister of the Federal State of West Papua.
3. Agust M. Sananai Kraar, SIP,human rights activist/staff
4. Selpius Bobii, activist/staff
5. Dominikus Subarat, activist/staff

Rallies to support Papuan leaders facing treason trials on Monday

January 28, 2012

by Nick Chesterfield at Westpapuamedia.info with sources

West Papua’s civil resistance movement is believed to be organising major demonstrations to support West Papuan leaders facing treason charges in Indonesia’s courts on Monday, January 30.

Indonesian prosecutors will begin proceedings in Jayapura in the treason trials for the leaders of the Third Papuan People’s Congress (KP3), which decalred independence from Jakarta on October 19 last year, after which Indonessian security forces stormed the venue.  The President of the Federated Republic of West Papua Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut, Agus Sananay and Gat Wenda all face a battery of charges stemming from their involvement in the Third Papuan Peoples Congress, held for only the third time since 1961.

Papuan leaders are standing infront; Forkorus Yaboisembut S.Pd, Edsison Waromi SH .behind Dominikus Surabut, Gad Wenda, Agus Senandy Kraar and Selpius Bobii (Photos: West Papua Media)

Five of the six are charged with treason under Article 106 of KUHP (the Indonesian Criminal Code), and have also been charged under Article 53 for incitement to acts of treason, and Article 55 which states that even attempting to committ an act (in this case treason), even if unproven is the same as committing the act.  Gat Wenda is charged with carrying a concealed weapon. The use of these charges date back to the Dutch colonial times and were used extensively by the Suharto New Order regime to suppress nonviolent dissent.

Their trial will take place at Pengadilan Negeri Klas 1A (State Court 1A), according to a letter dated 17 January (reference 17/PEN.PID/2012/PN). The trial is due to start at 10:00am. The Hon. Jack Johanes Octovianus SH. MH. will be the presiding judge.

Indonesian police and soldiers stormed the Congress venue on October 19 after the independence declaration at the close of the Congress, killing at least 7 people, injuring hundreds and arresting as many as 800 participants. All but the six current detainees were eventually released, but ongoing crackdowns against Papuan nonviolent activists by security forces across Papua intensified in the weeks after the Congress, with several cases of arbitrary arrest and killings.

Papuan human rights activists have alleged, as Video footage of the attack clearly shows, Australian trained Detachment 88 anti-terror troops involved in the attack on unarmed congress participants. Six people were killed and over 300 were arrested.

All detainees were severely beaten by Indonesian police extensively in the weeks following the crackdown, with Yaboisembut sustaining multiple fractures including broken ribs and sternum, and was so badly tortured that he could not stand.

The Institute for Human Rights Study and Advocacy (Elsham) together with the Communion of Churches in Papua (PGGP) reported in said that at least 51 people had been tortured by members of the military and police during and after the Congress. Congress participants testified that they had been “beaten and kicked repeatedly by security forces both at the congress site and while being transported to police headquarters. Some participants said they were beaten at the police station.”

In mid December, when the Indonesian police finally charged the detainees with treason, their legal team rejected this unequivocally. As reported by Bintang Papua, well prior to the Congress the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the Minister for Legal, Political and Security Affairs Djoko Suyanto, requesting him to be the keynote speaker at the congress. Suyanto agreed and instructed the director-general of the ministry to open the congress, though he never attended.

‘How can this be said to be treason when there have been letters received from the police and the minister?,’ said the lawyers who stressed that all their clients had done was to express their opinions, rights guaranteed under Indonesian Law the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights.

An SMS sent to West Papua Media from the KP3 committee has called for the people of Papua to guard the results of the Third Papuan Congress and to hold the Indonesian state to upholding the due process of law.

There is a high likelihood that the six will not receive a fair trial, according to human rights monitors and the lawyers for the six.

The Papuan detainees have requested international observers, including an Australian Government representative be present at the trial and their lawyers have advised that it is possible. The six are all peaceful protesters who were exercising their right to free speech, according to legal observers.

Demonstrations of prayers, live music and vigils are planned to be held outside the courthouse during the trials, according to West Papua Media stringers on the ground in Jayapura. The KP3 COmmittee have called for people to “maintain an escort for the trial that is peaceful and dignified” and to remain united in the face of security force provocations.

West Papua Media stringers also report that Indonesian security forces have mobilised sigificantly to prevent any “disruption” of the treason trials, expected to be a flashpoint for further crackdown by security forces on peaceful dissent. Significant deployment of military hardware is expected on Monday which may provoke an already tense atmosphere.

West Papua Media will naturally report on any developments as they happen.

westpapuamedia.info

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