Indonesia and the challenge of Papuan separatism

copyright rests with original author

Piece originally appears at http://www.idsa.in/node/5803/1097

Institute for Defence Studies and Analysis [India]
August 25, 2010

IDSA COMMENT

Indonesia and the challenge of Papuan separatism

Bilveer Singh

Introduction

If there are any symbols of Papuans’ continued quest and determination
for sovereign independence1, it is their continued attachment to their
flag, the Morning Star or Bintang Kejora (in Indonesian), their
Anthem, Hai Tanahku Papua (in Indonesian) or Oh, My Land Papua,
written by a Dutch missionary in the 1930s and the continued existence
of the OPM, Papua Independence Movement since 1964. The Morning Star
was first formally unveiled on 1 December 1961, symbolising the onset
of the Republic of West Papua and flew till October 1962, when the
former Dutch colony was transferred to the United Nations Temporary
Executive Authority through a deal brokered by the United States,
mainly to prevent Indonesia from joining the Soviet Camp during the
Cold War. Indonesia took control of the territory in the following
year and formally incorporated West Papua, renamed West Irian, into
Indonesia in 1969, recognised by the United Nations. However, Papuans
have continued to challenge the territory’s integration into Indonesia
and a bloody struggle has ensued ever since, with supporters of Papuan
independence claiming that more than 100,000 Papuans have been killed
by the Indonesian military. The violence has continued right to the
present period and it remains illegal to fly the Bintang Kejora in
Indonesia and many Papuans continue to be incarcerated for doing so.
Anatomy of Papua

Located on the easternmost part of Indonesia, geographically it
constitutes one-fifth of the country but only has a population of 3
million (of which the natives constitute only 50 per cent). Indonesia,
where 90 per cent of the people are Muslim, has a population of nearly
240 million. Papua is a largely Christian territory, where the
Protestants constitute the majority, followed by the Catholics and
then Muslims. However, tribalism is extremely dominant with more than
265 tribes representing the Putra Daerah or Sons of the Soil
(natives). Yet, the territory is extremely rich in natural resources,
especially oil, gas, gold and copper. It is also geo-strategically
important, bordering on land with Papua New Guinea and fronting the
Pacific Ocean.
Explaining Papuans’ Desire for Independence

Even though Indonesia declared independence in August 1945 and had to
fight the Dutch to gain complete sovereignty in December 1949, the
Dutch only surrendered Papua in October 1962. This represents an
important historical anomaly as Papua remained for another 12 years as
a Dutch colony compared to the rest of Indonesia. This provided the
Dutch ample time to develop a local Papuan elite that was committed to
independence and hence the importance of the Morning Star, National
Anthem, not to mention a rudimentary Parliament that was formed in
Jayapura in 1961. However, due to the Cold War, President Kennedy
succeeded in pressurising the Dutch to surrender the territory in 1962
and Indonesia, with the support of the West, legitimately gained
control of the territory by 1969. However, this was largely undertaken
against the wishes of the Papuan elites and hence the continued
struggle for Merdeka or independence ever since.

> From the perspective of Papuans, there are a number of grievances that
have provided a catalyst and triggered their demands for independence.
First, the sense of historical injustice when Papua was handed over to
Indonesia by the Dutch in 1962 without consulting Papuan elites and
later, the fraudulent manner in which the referendum, called Act of
Free Choice (but what the Papuans call Act of No Choice) was held in
1969. Thus, for the Papuans, Indonesia is an illegal colonizer and the
territory’s status should be reviewed through a referendum. Second,
gross unhappiness in the manner Jakarta has flooded the territory with
non-Papuans, mostly Muslims, thereby creating what Papuans refer to as
‘demographic and cultural genocide’ and where they are fast becoming
minorities in their own land. This has also intensified
social-cultural conflicts between the natives (Putra Daerah) and the
transmigrants (Pendatangs), the latter usually backed by officialdom.
Third, demographically, Papuans feel discriminated against, with the
majority Malay Indonesians looking down on the Melanesian Papuans (for
their dress code, eating and drinking habits, etc) and worst still,
most privileges being given to the former at the expense of the
latter.

Fourth, there is the rising impoverisation of the Papuans. Despite the
immense wealth of the territory, Papuans are among the poorest in
Indonesia. Instead, the wealth is sucked out to benefit non-Papuans
and foreigners, who in alliance with Jakarta, continue to benefit from
Jakarta’s rule over the territory. The operation of Freeport McMoran,
the world’s largest gold mine operator, is a case in point. Fifth,
Papuans are also in rage as the territory’s environment has been
pillaged and more important, the forest, which for the Papuans is not
only a community property but also important religiously, being
plundered. Finally, most blatant of all, has been the immense human
rights violations undertaken continuously by almost every government
in power in Jakarta since the days of Sukarno. Papuans have continued
to suffer as Indonesia has continued to treat the territory as a
colony and where any form of opposition, peaceful or otherwise, is
dealt with brutally. Indonesians refer to this as the ‘security
approach’ to development and Indonesia’s democratization in 1998 has
not really altered much as far as Papua is concerned. Many Papuan
leaders have been murdered by the Indonesian military, such as Theys
Eluay in November 2001. The continued existence, despite weaknesses,
of the Papua Independence Movement, is a testimony of Papuans’
willingness to take to arms to achieve their goal of independence. In
short, injustice, intolerance, exploitation and violence are the main
drivers that have motivated Papuans to seek an alternative future for
themselves.
Why is Indonesia Unwilling to give in to Papuan Separatists?

Papua is not only strategically vital, being a land, air and maritime
border zone, but probably more important is the immense wealth it
possesses. Jakarta depends on Papua for the bulk of its revenue and
Papua is probably Indonesia’s most important ‘golden goose’. It would
be a strategic and economic disaster if the territory were to be lost.
Also, Indonesians view Papua as an integral part of the Unitary State
of the Republic of Indonesia and any leader even contemplating giving
independence to Papua would be viewed as a national traitor, a price
President Habibie paid for East Timor’s independence. At the same
time, despite Papuans’ unhappiness, the bulk of the international
community continues to support Indonesia’s ownership of Papua given
that Indonesia is much more important than Papua. Jakarta leaders have
also argued that to give in to Papuans’ demand for independence would
open the Pandora’s Box leading others to demand likewise, resulting in
the break-up of Indonesia. In the final analysis, it is the simple
issue of political, economic and military asymmetry, and where the
Papuans are simply not in a position to challenge and dislodge
Indonesia. As such, while Indonesia is unprepared to abandon the
territory and most Papuans are unhappy to remain in Indonesia, the
impasse cannot be broken due to the paralysis both parties find
themselves in.
Indonesia’s Peace Overtures

Following the collapse of Suharto’s New Order and the onset of
democratic Indonesia, Jakarta has made peace with other separatists,
be it in East Timor (through a referendum leading to independence) or
with Aceh (leading to greater autonomy and local rule). In the same
vein, Jakarta has peddled what is referred to as Autonomi Khusus or
Special Autonomy in 2001, to meet half way Papuan grievances and
demands, and rejected a referendum a la East Timor as was demanded by
Papuan activists, fearing a break up Indonesia. While Papuans have
gained much in terms of Special Autonomy funds (5 trillion Indonesia
Rupiahs to date), the territory remains backward as the bulk of the
money is used for administration and pilfered through corruption. At
the same time, despite agreeing to a Special Autonomy status for
Papua, Jakarta has continuously undermined it. First, without
consulting the local administrative bodies, as was provided for in the
Special Autonomy arrangements, Jakarta divided Papua into three
administrative provinces even though later the Constitutional Court
deemed this illegal but two provinces remain in operation today.
Second, despite agreeing to permit Papuans to display their cultural
attributes, Jakarta reneged on this, arguing that it was promoting
separatism, especially with regard to the display of the Morning Star
and singing of Hai Tanahku Papua. In short, Papuans continue to view
Jakarta in bad faith and this is the main reason why the Cendrawasih
(Bird of Paradise) symbolising Papua, continues to fear the Garuda,
symbolising Indonesia.
Papuans Remain Unsatisfied and Suspicious

While some Papuan elites accepted the Special Autonomy proposal,
eventually, most in Papua were unhappy as hardliners in Jakarta
believed that too much had already been given to the Papuans and that
if no ‘roll-back’ takes place it will only be a matter of time before
Papuan independence becomes a reality. Also, most Papuans do not see
any major improvement in their livelihood, especially the violence
against them by the military, police and intelligence apparatus.
Instead, many Papuans would prefer to internationalise their plight
and seek a third party to settle the issue as they do not trust the
Jakarta elites and Indonesians in general. Jakarta, instead, realising
that the Papuans are being lost, has tried to launch various ‘peace
talks’, organised by the Coordinating Ministry for Politics, Legal and
Security Affairs, the Indonesian Intelligence Agency, Home Affairs and
even Indonesian Resilience Agency (linked to the Defence Ministry) but
with no success. Incumbent President Bambang Yudhoyono has tasked the
Indonesian Institute of Sciences to draw up a ‘road map’ for Papua’s
future, but again little progress has been made. All these Indonesian
measures are aimed at circumventing internationalization of the Papuan
issue, which most Papuan elites demand but which Jakarta has been
unwilling to agree even though with regard to the Aceh settlement, a
third party, with the support of the Norwegian Government, succeeded
in making a breakthrough. Papuans are hoping for a similar opportunity
so as to ensure that the agreement reached between Jakarta and
themselves will be honoured.

In the meantime, as the deadlock continues, Papua continues to burn.
Violence by the security apparatus against Papuans continues to be
reported, with the military and police hunting the new separatist
leader, Goliat Tabuni, who succeeded Kelly Kwalik, who was shot dead
in December 2009 by security forces. With little or no hope of
progress, with the abuses and violence continuing, the traditional
separatist leaders are also losing their grip over their followers,
with many of these leaders accused of being covert operatives for
Jakarta. Amidst the continuing violence, Jakarta is rumoured to be
thinking of creating additional provinces in the territory, in a
traditional game of divide and rule, to weaken Papuan nationalism and
quest for independence. This has, instead, led to the rise of new
radical and hard-line younger leaders who are prepared to raise the
stakes through greater violence, to make Jakarta pay more dearly, and
more importantly bring the fight to Jakarta so that Indonesians and
the world community will pay greater attention to their plight. In
short, the HAMAS of Papua seems to be surfacing and if Jakarta
continues to neglect Papuans’ demands, the struggle is likely to
worsen, at great cost of life to both Papuans and Indonesians as a
whole, and where the international community, with stakes in Papua and
Indonesia, will also be affected. Not only will Indonesia’s democracy
but more importantly the very idea of Indonesia as a unitary state
will probably be under stress and test.

1. For deeper insights into the Papuan conundrum see Bilveer Singh,
Papua: Geopolitics and the Quest for Nationhood (New Brunswick, USA:
Transaction Press, 2008).

News from Papua: Autopsy of Ardiansyah suggests he was murdered; Papuans will cease to exist in 50 years time

Slightly abridged in translation by TAOL

JUBI, 20 August 2010

According to a police statement, the autopsy of the body of Ardiansyah
Matra’is has revealed that he was struck several blows before falling
into the water and drowning in Maro River, Merauke.

Police public relations officer Untung Yoga told journalists that
several of his teeth were missing and there were swellings in several
parts of his body, all of which were likely to have been the result of
his having been struck with a blunt implement.

However, the police official said, before concluding the the victim had
been murdered, a further investigation would take place at the forensic
laboratory in Makassar.

The autopsy results confirm what members of his family said, namely that
there were unexplained things about his body when it was lifted out of
the river, in particular marks around his neck indicating that he had
been tortured and swellings in several parts of the body.

Investigations by the journalists organisation, AJI, conclude that he
left home at around 13.00 on the day he was reported missing. He
apparently met someone and may have spent about three hours with that
person but he never returned home afterwards. His car was found near
the location of the incident with no signs of having been damaged at
around 16.00. But several truck drivers who went back and forth across
the bridge (over the river) say they saw the vehicle at 16.00, which was
later removed at around 18.00 but was brought back to the original place
where it was found

A spokesman for the Alliance of Journalists AJI, Victor Mambor, said
that the police should immediately investigate who it was who murdered
Ardiansyah, adding: ‘It is highly likely that his murder is connected
with the terror situation for journalists which was occurring at the
time of Ardiansyah’s death, aimed at creating a tense situation in
Merauke.’ According to AJI, a week before Ardiansyah went missing, a
person who was not known to his family visited him several times and
spoke with him.

———————————-

JUBI, 18 August 2010

Papuans will no longer exist in 50 years time

An Arso community leader, Tyam Tua, believes that in fifty years’ time,
the Papuan people will have ceased to exist

‘This is because the forests that are the source of their everyday
livelihood will have been completely cut down,’ he said

The development that is now underway does nothing to safeguard the
welfare of the Papuan people, he said.

Pastor John Djonga also holds the same views. ‘If the government and the
TNI continue to pursue their present policies, the Papuans will have
disappeared and all that will remain is the name. The many killings of
hundreds of indigenous people mean that they will not last more than
fifty years,’ he said.

‘Also, the felling of trees such as has been happening in Arso and
their replacement with palm oil plantations will make it very difficult
for the local people to make a living and stay alive.’

Though no reliable data is available, it is thought that the total
number of Papuans is around one and a half million.

Pastor John Djonga is also quoted as saying that the situation in Papua
is still under threat, with discrimination against the Papuan people
happening in all fields.

They suffer discrimination in education and in health. ‘Special autonomy
should have stopped this from happening,’ he said.

The Papuans are also being marginalised and elbowed out by non-Papuans.

He went on to say that the churches are struggling to overcome these
problems but they are accused of being separatists. ‘All we are doing is
trying to put an end to the many wrong things that are happening,’ he said.

It also happens when people are recruited for the civil service.
‘Discrimination is very clear and it is occurring to this very day.’

————————-

AMNESTY INTERNATIONAL: End criminalization of peaceful political activities in Maluku

AMNESTY INTERNATIONAL
Public statement

AI Index: ASA 21/017/2010
19 August 2010

INDONESIA: End criminalization of peaceful political activities in Maluku

The decision to charge at least 22 political activists in Maluku for “rebellion” once again highlights the failure of the Indonesian government to distinguish between armed groups and peaceful political activists. Amnesty International urges the Indonesian government to release immediately and unconditionally the activists, who are all men, if they have been arrested solely for their peaceful political activities.

On 13 August 2010 the Maluku police announced that they were planning to charge the political activists with “rebellion” against the state (makar) under Articles 106 and 110 of Indonesia’s Criminal Code (KUHP, Kitab Undang-Undang Hukum Pidana). The police pointed to evidence which included possession of dozens of “Benang Raja” flags, a symbol of the South Maluku independence; Republic of South Maluku (RMS) membership cards; and photos and stickers of the independence flag.

According to local sources, the activists were planning to use the visit of Indonesia’s President, Susilo Bambang Yudhoyono, to Maluku in early August as an opportunity to disseminate materials related to alleged human rights violations there, including posters calling for the release of political prisoners in Maluku arrested for their peaceful political activism.

Amnesty International is also concerned about their safety in custody, as detained political activists are known to have been tortured and ill-treated in Maluku. The authorities must ensure that the men are allowed access to legal counsel of their choosing, their families and any medical treatment that they may require.

Background

The Republic of South Maluku (RMS), an armed pro-independence movement, officially ended in Maluku with the execution of its leader by the Indonesian authorities in 1966. However, some villagers continue to raise the “Benang Raja” flag there as a peaceful political act of protest against the central government.

Amnesty International has documented dozens of arrests in past years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Maluku and Papua.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or other political solutions.

The rights to free expression, opinion and peaceful assembly are guaranteed under the Indonesian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. While the Indonesian government has the duty and the right to protect life and to maintain public order within its jurisdiction, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

In June 2007, 22 political activists in Maluku province were arrested for unfurling the “Benang Raja” flag while performing a traditional “Cakalele” dance in front of the President. After their performance, the police, particularly the anti-terrorist unit Detachment-88, detained all 22 of the dancers. They were tortured or otherwise ill-treated, charged with “rebellion” under Articles 106 and 110 of the Indonesia Criminal Code and are serving sentences of between seven and 20 years’ imprisonment. Amnesty International considers them to be prisoners of conscience. A twenty-third dancer, also a prisoner of conscience, was arrested in June 2008 and sentenced to four years’ imprisonment in March 2009.

ENDS/

Public Document
****************************************
For more information please contact Amnesty International’s press office in London, UK, on +44 20 7413 5566 or press@amnesty.org

Amnesty International, 1 Easton St., London WC1X 0DW, http://www.amnesty.org
For latest human rights news view http://news.amnesty.org

News from Papua: Filep Karma refuses offer of remission; Census time: huge increase in population of Papua

Articles from Bintang Papua, 17 August 2010
Abridged in translation

While prisoners everywhere will await anxiously for the moment when they
may receive remission of their sentence, this is not the case with a
prisoner charged with ‘makar’ (treason).

Filep Karma (who is serving a 15-year sentence) has once again rejected
the government’s offer of a remission. He made his decision known in a
two-page letter addressed to the minister for law and human rights,
Patrialis Akhar.

At a place in the prison where he was able to make contact with
journalists, he said that he rejects all offers of remission.

‘I consider that I am not guilty of anything. The mere expression of my
democratic rights is not allowed. Yet, in Jakarta, when someone sticks a
photo of the president on the backside of a buffalo, this is not
considered to be a crime.’

He said he would also refuse any offer of clemency.

In the opening paragraph of his letter copies of which are addressed to
26 other addressees including the Indonesian president and Amnesty
International, he said:

‘I, the undersigned, declare in full consciousness of what I am doing
and free from any pressure from any quarter, that I have rejected the
efforts by the government since 2005 to grant me remission by the
department of law and human rights and I shall do so into the
foreseeable future for as long as I continue to have the status of
political prisoner conferred by the Republic of Indonesia.’

He went on to say that this was being done as an act of protect against
all manner of actions by the authoritiesof the Republic of Indonesia in
violation of the Pancasila philosophy and the 1945 Constitution.

As is known, the national day 17 August is always an occasion for the
authorities to grant remission, and on this occasion, it included the
release of fourteen convicted prisoners being held in Abepura Prison
while 115 prisoners were granted remissions of between two and six months.

The remissions were granted in a ceremony led by the law and human
rights minister and the deputy governor of Papua, Alex Hasegam when the
remission letter was given to each of the prisoners in question.

On the same occasion, one prisoner, Filep Karma, who was neatly
dressed, managed to come forward holding a morning star flag in his
hand. But this had nothing to do with being granted remission; it was to
move a sack of garbage to a truck.

—————————–

Huge increase in population of Papua

The population of the province of Papua has now reached 2,851,999, which
represents a far greater percentage increase than the national increase
of 1.49 percent.

[The report in BPapua refers throughout to the ‘province of Papua’,
presumably meaning this this does not include what is now the province
of West Papua.]

This was announced by the head of the Statistics Bureau of the province
of Papua who said that this was still a provisional announcement
because there would be further announcements about the composition of
the population including ethnicity, migration as well as the number of
births and deaths.

Another official of the bureau said that the huge increase was partly
due to having started from a low base, so the percentage increase
appears to be very high. In addition, he said, the census in 2000 was
far from being complete because the political situation at the time was
very tense, with on-going demands for a referendum and independence for
Papua, with the result that some districts were unable to carry out the
census.

He said that the number of males was in excess of the number of females,
with a recorded difference of 13 percent.

The place with the greatest densisty is Jayapura with 278 persons per
square kilometre followed by Biak with 58 persons per square kilometre..
Mamberamo has the lowest density of all, with only one person per square
kilometre.

[Comment: We can only await the promise of more detailed information
about the ethnic composition of the population, bearing in mind the
reported regular arrival of in-migrants from other parts of Indonesia.
It could very well be that the point has been reached at which Papuans
now account for a minority of the inhabitants, a trend that can only
increase with the recent launch of the MIFEE project in Merauke. TAPOL]

Open Letter to President of Indonesia on Papuan Political Prisoners

*c/o PO Box 21873
Brooklyn, NY 11202 USA
*etan@etan.org

August 16, 2010

Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail

Dear President Yudhoyono:

As Indonesia’s National Day on 17 August approaches, we the undersigned non-governmental organizations engaged in the defense of human rights in Indonesia are deeply concerned that dozens of Papuans are incarcerated in prisons in Papua and West Papua simply for having been involved in non-violent demonstrations or expressions of opinion.

In most cases, these prisoners have been sentenced under Criminal Code Articles 106 and 110 regarding “rebellion.” These articles are a legacy from the Dutch colonial era and are in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”

Moreover, Articles 106 and 110 are inconsistent with your country’s
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the
ICCPR (article 19) notes that these rights are subject to certain
restrictions “for the protection of national security and of public
order or public health or morals,” the 1995 Johannesburg Principles on
National Security, Freedom of Expression, and Access to Information
identify clear standards for application of national security
restrictions. These Principles provide that persons should not be
restrained for expressing their opinions. Governments should only take
action against such expression of views on the grounds of national
security if they can demonstrate that they would incite acts of imminent violence. The prosecution of the aforementioned Papuan political prisoners has offered no evidence of any such threat of imminent violence in association with their physical or verbal actions.

While we strongly believe that none of these prisoners should have been prosecuted in the first place, we are also deeply concerned about the disproportionately harsh sentences imposed on these political prisoners given their non-violent acts. One prisoner arrested in 2004 and charged under these articles is serving a 15-year sentence while others have been given sentences of three or four years. Moreover, there have been alarming reports of maltreatment of the prisoners by prison warders and the lack of essential medical facilities. In one case, a prisoner with a serious prostate disorder had to wait eight months before being allowed to travel to Jakarta for essential treatment recommended by the local doctor. Severe Beatings of prisoners and detainees are frequently and credibly reported.

We the undersigned have on a number of occasions welcomed the democratic progress in Indonesian since the fall of the Suharto dictatorship, inspired by the Indonesian people. We recognize that this progress had been achieved despite frequent threats by the as yet unreformed Indonesian security forces.

In view of the tradition to mark Indonesia’s National Day on 17 August
by announcing the release of prisoners and bearing in mind the
restriction on essential freedoms such as those contained in Articles
106 and 110 of the Criminal Code we respectfully call on you to mark
this year’s celebrations by:

* releasing all Papuan political prisoners, including those already
convicted and those waiting trial;

* securing the deletion of Articles 106 and 110 of the Criminal Code;

* ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.

We look forward to your response.

Sincerely,

Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/
Timor-Leste National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia /Action/ Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvölker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La?o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany

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