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

Demonstration rejects MRP and criticises GKI Synod

JUBI, 8 March 2011

Several hundred people took part in a demonstration outside the offices of the governor of Papua and the Papua provincial legislative assembly office criticising the position taken by one of the chairmen of the Synod of the GKI church in Papua, the Rev. Yemina Krey, STh.

The demonstrators said that the Rev. Yemina had previously expressed
her rejection of the election of a second-term MRP along with other
denominations, yet she had now signed a recommendation put out by
several church leaders.

Her views were highlighted in a poster carried by some of the
demonstrators accusing her of now doing something that was deceitful for the Papuan people.

The poster accused her of selling out the indigenous Papuan people.

Other banners carried by the demonstrators bore slogans that are
frequently seen and heard in Papua: Special Autonomy is a Total Failure; the Papuan People’s Right to Life under Threat; Halt the Election and Swearing in of the MRP as a puppet of Jakarta; and Jakarta must Speedily Respond to the 11 Recommendations adopted by the MRP and Papuan People’s Representatives in June 2010.

The calls rejecting special autonomy and rejecting the new MRP came from a number of local groups taking part in the demonstration, among others: Parjal, the Street Parliament; the West Papua National Committee, KNPB, Political Prisoners of Papua – tapol-napol; and Front Pepera PB, and the West Papuan People’s Front for Self-Determination.

The demonstrators first gathered outside the office of the governor of
Papua where they presented their aspirations. From there they went to the office of the Papuan provincial legislative assembly later in the
afternoon for the same purpose.

Socrates Yoman rejects govt’s move to set UP4B

JUBI, 7 March 2011

The Papuan leader, Socratez Sofyan Yoman, the leader of the Alliance of Baptist churches in Papua, is reported to have expressed his lack of
confidence in a new unit that is to be created by the government to
resolve a range of problems in Papua.

The UP4B – Unit Percepatan Pembangunan Papua dan Papua Barat (Unit to Accelerate Development in Papua and West Papua), is to be set up by the government to handle a number of political problems as well as the human rights situation in Papua.

‘We reject the UP4B because it will not solve the problems in Papua,’ he said. ‘The central government should hold a dialogue with the Papuan people, mediated by a neutral international party.’

He said that the UP4B was no different from other mechanisms that have been created by Indonesia to deal with the situation in Papua, all of which have failed. This new body is not the way to solve to the
situation in Papua and can only make things worse, he said

The problems in Papua can only be resolved by seeking to understand the roots of the problem.

‘There should be no more moves by the Indonesian State to deceive the Papuan people. The government should immediately take concrete action to deal with the roots of the conflict,’ he said.

He said that he was aware that the Indonesian government was at present working with several agencies to make preparations for the creation of the UP4B which is expected to be set up in the month of March.

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.

New NGO in Papua set up to scrutinise investments

JUBI, 4 March 2011

A new NGO, called Lembaga Investasi Proyek Kemanusiaan (LIPK) – the Institute for Humanitarian Investment Projects – has been set up to scrutinise all new companies intending to operate in Papua. The chairman of the NGO is Manase Ugedy Degey.

Degey said: ‘When a new company wants to come here, we will investigate the investments involved to ascertain whether they are beneficial to the people or not and whether they are beneficial to the traditional owners of the land where the company intends to operate.’

He said that the LIPK will not be political but will focus its attention
on new companies intending to invest in Papua. It will focus attention
on helping the development of the communities, he said The company’s obligation shall be regularly scrutinised on the basis of frequent investigations.

‘We will seek to make the communities a part of the policy of the
company in question. This is because many of the companies that are now operating in Papua have been very disruptive for the people.’

He said that the LIPK will work closely together with academics in order
to carry out joint investigations. ‘We intend to publicise the NGO’s
activities in tertiary institutions, in order to conduct investigations
with them.’

According to data gathered by JUBI, the LIPK will focus its attention
on companies wanting to invest in natural resources as well as companies
wanting to invest in human capacity building..This means that it will be
focusing on a wide range of investments, he said.

Companies involved in natural resources will include agriculture,
plantations, irrigation and water management, mining, marine projects,
fishing, industrial projects, and cattle breeding. ‘We will at all times
undertake our investigations on the basis of the likely benefits for the
citizens themselves.’

The LIPK was founded by notary public act in May 2005. It has been set
up in accordance with government regulation No 18/1986.

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