FYI Open letter to Vice -President Boediono ( who is visiting Australia) concerning human rights and political prisoners in West Papua

Australia West Papua Association (Sydney)
PO Box 28, Spit Junction, Sydney, Australia 2088
Ph/fax 61.2.99601698 email: bunyip@bigpond.net.au

Open letter to Vice -President Boediono

Vice -President Boediono,
C/- Indonesian Consulate
Perth , Western Australia

9 March 2011

Dear Vice -President Boediono,

On behalf of the Australia West Papua Association (Sydney), I am writing to you concerning the human rights situation in West Papua[1].

We are concerned that the human rights situation in West Papua has continued to deteriorate in the past year. One incident in particular highlighted the worsening human rights situation and that was the shocking video footage of West Papuans being tortured by Indonesian soldiers. The video showed several men in military fatigues torturing two Papuans. The soldiers in the video threaten the two men with sharp weapons and pressed a burning bamboo stick against one of the men’s genitals. The torture of the men prompted a wave of international criticism with human rights organisations around the world condemning the actions of the Indonesian military. This incident was not an isolated incident.

A number of military operation also took place in the Puncak Jaya region in the past year and these operations leave the local people traumatised and in fear for their lives. Security forces conduct regular sweeps in the area to pursue members of the Free Papua Movement (OPM) and many reports have pointed out that the security forces have great difficulty distinguishing between what they term separatists and the general public. In further evidence of human rights abuses another report accused the police of burning down the village of Bigiragi in the Puncak Jaya district. The report said that 16 Mobile Brigade officers had burned the village to the ground on October 11. The report said that at least 29 homes were destroyed in the incident leaving at least 150 people homeless. In September 2010 the House of Representatives (DPR) Law Commission deputy chairman, Tjatur Sapto Edy lamented the military operations in the Puncak Jaya Regency following a report by the National Commission for Human Rights (Komnas HAM). Tjatur said there should be no more military operations and such approaches are no longer suitable in a democracy. A report by Komnas HAM’s Papua chapter revealed 29 cases of rights abuses occurred in Puncak Jaya regency from 2004-2010, including the torture and rape of villagers in March 2010 by law enforcers.

AWPA is also concerned about the large number of political prisoners in West Papua, the majority jailed merely because the were involved in peaceful demonstrations where their national flag, the Morning Star was raised.

In July 2007, Indonesia’s Constitutional Court declared unconstitutional articles 154 and 155 of Indonesia’s Criminal Code, commonly known as the “hate sowing” (Haatzai Artikelen) offenses. Articles 154 and 155 criminalized “public expression of feelings of hostility, hatred or contempt toward the government” and prohibited “the expression of such feelings or views through the public media.” These articles have been used to target activists, students, and human rights defenders to try and silence political discussion and limit free expression in Indonesia.

A series of articles from 1999 to 2002 refer to the Human Rights Bill of 1999 . The law concerning protection of human rights of political prisoners is referred to in Article 4 of Law 39 in the Indonesian Constitution in 1999. In that same Law 39 in Article 6 , paras 1 and 2 particular mention is made of protection of rights of Indigenous people, including land rights.

Republic of Indonesia legislation number 39 of 1999 concerning human rights
Article 4
The right to life, the right to not to be tortured, the right to freedom of the individual, to freedom of thought and conscience, the right not to be enslaved, the right to be acknowledged as an individual before the law, and the right not to be prosecuted retroactively under the law are human rights that cannot be diminished under any circumstances whatsoever.
Article 6
(1) In the interests of upholding human rights, the differences and needs of indigenous peoples must be taken into consideration and protected by the law, the public and the Government.
(2) The cultural identity of indigenous peoples, including indigenous land rights, must be upheld, in accordance with the development of the times.

AWPA urges the Indonesian Government to release all West Papuan political prisoners imprisoned under these laws (contrary to Indonesia’s constitution) as a sign of good faith to the West Papuan people.

Yours sincerely

Joe Collins
Secretary
AWPA (Sydney)

[1] AWPA (Sydney) uses the name “West Papua” to refer to the whole of the western half of the Island of New Guinea

Students want firmer action by Komnas HAM in Papua

UBI, 7 March 2011

The Student Executive Board of the Cenderawasih University Law Faculty has called on the Papuan branch of Komnas HAM, the National Human Rights Commission, to take firmer action regarding a number of human rights violations in Papua.

Chairman of the Board, Thomas CH Syufi, said that they felt that the
Commission had not done enough to handle the cases and hoped that Komnas HAM would investigate a number of cases of violation. He mentioned in particular the murder of Theys Hiyo Eluay, chairman of the PDP, who was murdered in November, 2001. The case is still unsolved to this day.

Komnas HAM was also urged to collect more accurate data about a number of human rights violations in Papua because in many of these cases, the data is far from accurate.

He said that collecting data and documentation was very important
because of the need to anticipate the failure of the State to handle the cases, in order to prepare for the possibility of submitting the cases to the International Court or the UN Security Council.

He stressed the need for Komnas HAM to take firm action to investigate every human rights violation that occurs in Papua.

[COMMENT: Komnas HAM only has powers to investigate human rights
violations. The cases can only be taken further by the Attorney-General’s office.]

DAP wants dialogue, not constructive communcations

Morning Star flag, Flag of West Papua
Image via Wikipedia

JUBI, 4 March 2011

Responding to recent moves to hold a dialogue between Jakarta and Papua, the chairman of DAP, the Papuan Traditional Council, Forkorus Yaboisembut, said that such a dialogue will not be acceptable if it takes the form of constructive communications.

‘Dialogue between Jakarta and Papua must be mediated by a neutral,
international party. There is no such thing as a dialogue between the
Indonesian government and the Papuan people being held within the
Indonesian Republic,’ he said.

He said that the offer of construction communcations as recently
suggested by the Indonesian government can only be to talk about
something like development because it would only be attended by district chiefs, the provincial legislative assembly (DPRP), the governor and the MRP.

What the Papuan people want is a dialogue at an international level, not a dialogue within the framework of OTSUS or Special Autonomy. He said that a neutral, internationally mediated dialogue would be able to fully accommodate all the basic problems in Papua.

‘Those who participate in the dialogue would carry with them the Kejora – Morning Star Flag – not some plastic party membership card. This isn’t what we want.’

He went on to say that the Papuan people have full confidence in the
Papuan Peace Network – Jaringan Damai Papua – to make all the
preparations for such a dialogue to take place.

He said that the dialogue would deal with a number of problems in Papua such as marginalisation, discrimination, the failure of development, the violation of basic human rights and the contradictory views of the Indonesian government and the Papuan people about the history of Papua.

‘In order to deal with all these questions, there must be a dialogue
that is mediated by a third, neutral party, not constructive
communications,’ he said.

Report of the arrest of John Magai Yogi and two of his colleagues at Polres Nabire

YLSM News:

Report of the arrest of John Magai Yogi and two of his colleagues at Polres Nabire

Jhon Magai Yogi is the son of General Thadius Magai Yogi, the Comander of the TPN – OPM Dev II Makodam Pemka IV Paniai with its headquarters in Eduda, was arrested yesterday 26 Feb 2011 by security forces TNI/Police after being sent from Enarotoli on an Aviastar aircraft. At this time he is being held in detention in Kores (Police HQ) Nabire together with two of his colleagues who until now are unidentified.

The reason for their arrest are not yet known. The Me Tribe ltraditional leaders Mr Yakobus Muyapa and Mr Daud Kadepa have also reported today to the Nabire police station. They have asked the authorities to immediately release those arrested at the police post because Nabire and Paniai are designated calm areas in comparison to other areas in Indonesia.

While there is a Papuan independependence struggle in Nabire and Paniai, especially in Eduda Mabes TPN/OPM Paniai, there is an ongoing commitment to peaceful non-violent struggle, a struggle that is proper and valued by the entire West Papuan community in our land. These two leaders will again approach the Police head in Nabire on Monday 28 Feb. for further consultation said Daud Kadepa via mobile phone on 27 Feb at 2.31pm.

After I heard the report of the arrest John Magai Yogi’s phone was not yet able to be answered as it had been confiscated by the arresting authorities.

For John Magai Yogi’s Mobile Phone number while in detention at the Police Station in Nabire, please contact: +62 821 981 48668

SMH: A Worm Inside the New Indonesia

FYI – Media Information

[With reflections on West Papuan situation.]

The Sydney Morning Herald
February 26, 2011

A Worm Inside the New Indonesia

by HAMISH McDONALD

WITH popular uprisings turfing out rulers in Tunisia, Egypt and perhaps elsewhere in the Arab world, a lot of analysts have focused on fears of ”contagion” in other regions, notably on China’s censorship of news reports about the protest wave in the Middle East.

Yet the Middle East event that might have the most far-reaching effect is not the awakening of the Arab ”street” against authoritarian rulers, but the vote in a United Nations supervised referendum a month earlier.

The largely African people in the south of Sudan voted overwhelming to secede from their Arab-dominated country and form a new nation – a result accepted by the Khartoum government and its main foreign backers, including China.

This has followed the declaration of independence from Serbia by Kosovo in 2008 that was accepted by most of the world and approved by the International Court of Justice, and Russia’s unilateral recognition of Georgia’s South Ossetia and Abkhazia as sovereign states soon afterwards in retaliation. It has left respect for the ”territorial integrity” of states and post-colonial boundaries somewhat tattered.

Already the example is being applied to an intractable issue right on Australia’s border and forming the touchiest part of what many see as our most important foreign relationship – the question of West Papua, the western half of New Guinea now part of Indonesia.

As Akihisa Matsuno, a professor at Osaka University, pointed out this week in a conference at Sydney University’s Institute of Peace and Conflict Studies, South Sudan and Kosovo take West Papua out of the usual context of debate about the rights and wrongs of its decolonisation from Dutch rule in 1962 and ”act of free choice” under Indonesian control in 1969.

Kosovo’s independence was a case of ”remedial secession”: no states claimed the Kosovars had a right to self-determination, there was just no prospect of its peaceful reintegration back into Serbia or the rump Yugoslavia. Protection of people in Kosovo had more weight than Serbia’s territorial integrity.

Sudan became independent in 1956 from British rule, but has been in civil war most of the time since, with a 2005 peace agreement finally conceding a referendum. This suggests lack of integration between territories ruled by the same colonial power can justify a separate state, Matsuno said. ”This means that colonial boundaries are not as absolute as usually assumed.”

Indonesia itself went down this path in 1999 by insisting, for its domestic political reasons, that East Timor’s vote in 1999 was not a delayed act of self-determination that should have been taken just after the Portuguese left in 1975, but a ”popular consultation” with the result put into effect by Indonesia’s legislature. This amounted to conceding a right of secession to its provinces, Matsuno said.

West Papua’s act of free choice was seen as a farce from the beginning. As the historians Pieter Drooglever in Holland and John Saltford in Britain have documented, monitors were kicked out of the territory by the Indonesians in the seven-year interval between the Dutch departure and the ”act” – which was a unanimous public vote by an assembly of 1022 handpicked, bribed and intimidated Papuans in favour of integration with Indonesia.

Revolt has simmered and broken out sporadically ever since. Canberra’s relations with Jakarta went into crisis in 2006 when 43 Papuan independence activists and family members crossed the Torres Strait by motor canoe and requested political asylum.

Richard Chauvel, an Indonesia scholar at Melbourne’s Victoria University, told the conference Jakarta feels Papuan independence is not seen as the threat it was a decade ago when a ”Papuan spring” of breakaway sentiment and protest followed East Timor’s departure. The territory has been broken into two provinces so far, and numerous district governments, Papuan separatists fragmented, and no state bar Vanuatu is questioning Indonesian sovereignty (though the US Congress last September held its first committee hearing on West Papua).

Yet Chauvel says West Papua has become an ”Achilles’ heel” for a democratising Indonesia over the last 10 years. ”Papua is Indonesia’s last and most intractable regional conflict,” he said. ”Papua has become a battleground between a ‘new’ and an ‘old’ Indonesia. The ‘old’ Indonesia considers that its soldiers torturing fellow Indonesians in a most barbaric manner is an ‘incident’. The ‘new’ Indonesia aspires to the ideals of its founders in working towards becoming a progressive,
outward-looking, cosmopolitan, multi-ethnic and multi-faith society.”

President Susilo Bambang Yudhoyono called the recently reported
torture cases ”incidents” by low-level soldiers, not the result of high-up instructions. Chauvel says he is probably correct: ”A more likely explanation is that instructions were not necessary. These acts reflected a deeply ingrained institutional culture of violence in the way members of the security forces interact with Papuans.”

Matsuno argues that South Sudan makes Indonesia’s post-colonial claim to West Papua more shaky, since it too had racial, religious and other differences to the rest of the country and had been administered separately within the former Netherlands East Indies. A ”more moral question” behind self-determination is coming to the fore, he said, the factor of ”failure” in governing.

The Japanese scholar sees echoes of East Timor in the late 1980s, when even foreign policy ”realists” started recognising the failure of Indonesian rule on the ground: serious human rights abuses, foreign media shut out, migrants flooding in, local leaders turning away from government, a younger generation educated in the Indonesian system refusing to identify themselves as Indonesians.

”These young people were increasingly vocal and continued to expose the ‘unsustainability’ of the system,” Matsuno said. ”Indeed the unsustainability of the situation in West Papua seems to be a truth. Only it takes some more time for the world to realise the truth.”

No one expects any outside power to intervene. But as we are seeing in the Arab despotisms, the new media make it harder and harder to draw a veil over suppression. In the Indonesia that is opening up, the exception of West Papua will become more glaring.

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