Tag: Rejection of Special autonomy

STOP DANCING ATOP OF SUFFERING OF THE PAPUAN COMMUNITY!

Opinion

By Rufinus Madai

February 28, 2013

For 13 years now  government officials in Papua have been enjoying the benefits of the millions of Indonesian rupiah that has come its way thanks to the Special Autonomy package given by the Indonesian Government; and it’s undeniable that government officials at the provincial level as well as at the regency (local) level of the bureaucracy have allowed themselves to be ‘bought’ by this money.

They have allowed themselves to be bought in the way they think, at the level of their conscience and in regards to their sensitivity to the reality of what’s going on around them.  As a result of their ‘selling-out’, in every instance it’s the Papuan community that ends up suffering the consequences, suffering the loss.  The little people.

One can’t help wondering why in this era of Special Autonomy with all the money it brings into Papua, are we still seeing the constant suffering of the indigenous Papuan community.  Why are there still the constant injustices, the mistruths, the inequalities of the legal system and the destructive conflict that’s dragging on forever?  In fact one starts to ask the question whether the Special Autonomy is actually playing a role in creating that suffering.

Strange that in this ‘Special Autonomy’ era and with all the money that flows through that program, that the government bureaucrats are sucking the life from the Papuan community by selling off the resources of the land on which the people totally depend for survival, and meanwhile they stand idly by watching  the endless violations of the indigenous Papuan’s human rights.

The people are repressed, treated with inhumane cruelty, objectified, detained, chased, labeled separatists and even killed.   In receiving  such wealth for their ‘services’ they have become like purchased puppets of the Indonesian government.   Is it any wonder with these realities so obvious that the Papuan community time and again shows its distrust of the bureaucrats of the Indonesian government in Papua?

Whilst they enjoy the luxuries that millions of rupiah from Special Autonomy bring, the basic rights of the people are not even being considered and their sufferings go on and on without end.  We are not referring here to one remote corner of Papua but rather this is going on throughout the entire land of Papua.

The systems, policies and laws which have been created together with the Central Government to date have not only failed to bring benefit, but in fact have brought great loss to the indigenous Papuan community.   Such loss, that the  community has become convinced that the laws and policies created  for application in Papua are intended to repress and eventually annihilate the indigenous Papuan community from the land.

The government bureaucrats at the Papuan level are involved up to their necks! It’s as if they have become enchained to the big money Special Autonomy brings and they can’t break free.  Bought by the system.  No matter what they do or what decision they make under these circumstances whether regarding laws, policies or other, that will always be determined according to these ties.  Their decisions and actions are not based on good conscience made to address the needs of the people. The consequence being that the little people become the victims.

Until this time there have been no positive changes whatsoever brought about by the development programs as implemented by the government in Papua.  How could there be as the reality is that these programs in whatever form they may be, are not based on a recognition of the basic rights of the Papuan indigenous community!

They are not programs that help with poor education, or which address structural poverty or people’s basic human rights.  The Papuan community is well aware of this and believes that programs being implemented in Papua are simply those intended to support the vision , goals and programs of the National Indonesian Government.  Programs which increasingly marginalize the Papuan indigenous population, creating colonial domination, structural poverty, overpowering of the local community and ultimately leading to the death of the Papuan indigenous community.

The Papuan community is also well aware  of the way the two Provincial Papuan Governments to date have been operating,  acting  always in ways that prioritises their own tax revenue income whilst trampling on the land of the little people. Yet at the same time taking no actions in those areas where the community needs social laws to protect the people such as regarding the abuse of alcohol and the provision of sexual services.

The Indonesian Government knows it has ‘bought’ these government officials and that they are now tied tightly to and dependent on the National Indonesian Government.  Money speaks and in the same way money effectively silences voices concerning the constant human rights violations that are taking place right across the land of Papua.

However in spite of their having allowed themselves to be bought by the Indonesian government, nevertheless the Papuan community continues to hope that those Papuan  Government officials referred to will turn back to the people. That in so doing that they will  stop ‘selling out on’  the little people  of Papua, stop dividing the land further which in so doing divides the people,  stop making decisions in the interests of their own power and wealth and  stop acting in ways that support the vision and programs of the National Government and extending the conflict in Papua yet further.

The Papuan community continues to hope that the Papuan Government leaders will reject Special Autonomy so that they may not be dependent and tied in such ways to Jakarta. Continues to hope that these leaders finally may have the courage to themselves assert what policies and concepts of development are needed that truly support and are able to bring about improvements in the welfare of the ordinary people.

Such that the Papuan community might determine its own future on its own land.  Such that the paradigm of Papuans as being primitive, ignorant people who need others to organize them may come to an end. The little people of Papua have waited faithfully so long and yet still the tears flow without ceasing.

“May they who have ears to hear listen, may they who have eyes see,  and may they who have hearts and minds consider carefully and arrive at those  decisions that are right and that is acceptable to all persons.”
The Writer is a post graduate student at the Catholic Seminary in Abepura, Papua.

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Warinussy: Stop ‘Otsus Plus’, reinstate original Otsus Articles 77, 78

January 31, 2014

By Yan Christian Warinussy (via Tapol)

Opinion

After reading the contents of the Draft Law (Rancangan Undang-Undang, RUU ) on Papuan Special Autonomy (recently known as ‘Otsus Plus’) – in particular the twelfth and thirteenth drafts – as a Senior Advocate and Papuan Human Rights Defender I would urge the Governor of Papua Lukas Enembe, and Governor of West Papua Abraham Octavianus Atururi, to immediately return to the mandate of Articles 77 and 78, Law No. 21/2001 on Papua Special Autonomy as amended by Law No.35/2008.

The Mandate of Article 77 No.21/2001 states: “Proposals for the amendment of this Law may be submitted by the people of the Papua Province through the MRP and DPRP to the House of People’s Representatives or the Government according to the statutory  regulations.”

While article 78 No.21/2001 reads: “The application of this Law shall be evaluated annually and for the first time at the end of the third year after this Law comes into effect.”

In my opinion, both governors should have been aware that the two draft laws that have been submitted to President Susilo Bambang Yudhoyono were not rooted in the interests of the people of Papua, in particular indigenous Papuans.

This process has come about as a result of the desire of both provincial governments to amend the Papua Special Autonomy law without meeting the legal and mandatory constitutional requirements mandated in Article 77 and the 78.

This has been exacerbated further by the lack of understanding of the Papuan People’s Consultative Assembly (Majelis Rakyat Papua, MRP) about law making procedures and processes, and the failure of the institution to act as a cultural representation of the indigenous people and struggle for their aspirations; the people have already rejected Special Autonomy as a failure and they demand a peaceful dialogue facilitated by a neutral third party.

The draft ‘Governmental Law on Special Autonomy in the Land of Papua’ has now been submitted to the President, and if eventually used to formulate an Act to replace Law No.21/2001 on Papua Special Autonomy, then it will only open the floodgates to numerous judicial review applications in the Constitutional Court.

In addition, I am certain that the House of Representatives (Dewan Perwakilan Rakyat RI) will not accept and approve the bill on the basis that the drafted Otsus Plus law fails to respect the procedures and processes required by our constitutional law.

Moreover, the Papua Special Autonomy Law was initiated by the House of Representatives in 2001; any changes to the scope of the legislation would require it to go through various stages of readings in the House of Representatives itself.

Yan Christian Warinussy is the Executive Director of LP3BH Manokwari,  Member of the Steering Committee of Foker LSM Papua, and Secretary of the Commission on Human Rights, Justice, Peace and the Integrity of Creation Working Committee, GKI Manokwari diocese.

Available online in Indonesian:

(Edited for clarity by WestPapuaMedia)

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Bobii: HAVING REACHED THE EDGE …….THE MSG COMMITMENT

January 12, 2014

Opinion/ Analysis

By Selpius Bobii

 The Melanesian Spearhead Group (MSG) is an official forum to develop friendship, harmony and the sense of family between Melanesian nations, with a mind to develop peace and prosperity in the region.

The MSG Forum is in truth not only something of those Melanesian nations which already have independence, but rather it is also something of those Melanesian nations that have not yet had their sovereign independence recognised and which continue to struggle to that end.

Accordingly there exists an obligation by the members of the MSG to be ready to receive as members those Melanesian nations (peoples) that have not in the past not had that opportunity; and secondly an obligation to defend the call for independence for those Melanesian peoples struggling for recognition of their sovereignty.

This critical role of the MSG lies within the framework of upholding the commission of the Universal Declaration of Human Rights together with other international laws including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the United Nations (UN) Declaration on the Rights of Indigenous Peoples. In the opening sections of each of these covenants and declarations, the right to self-determination of all indigenous peoples of the world is referred to.

The preamble of the Constitution of the MSG states the obligation of the MSG member states  to defend the right to self-determination of all Melanesian peoples which have not yet received full independence.  International legal determinations together with the MSG’s legal foundation, together give legitimacy to the MSG forum to defend Melanesian peoples (nations) that are struggling for full independence.  Such legal determinations can on occasion however give rise to divisions within the MSG itself due to differing opinions of members and can even threaten to divide the MSG. This may arise when a non-Melanesian nation’s control and colonial domination over a certain Melanesian people is perceived to be at risk and that nation reacts accordingly, resulting in different responses from respective Melanesian nations.

There is of course a code of ethics for international association between nations (for instance the respect of another nation’s sovereignty), however notwithstanding there also needs to be a greater awareness worldwide that independence is the right of all nations of peoples on this earth. That is stated both at international law and within the very law that applies to the MSG and these laws create a legal obligation to that end.  How much more important in the case of  peoples whose very continued existence is threatened by the colonial power!  Such is the case for the people of Papua where colonial domination by the Republic of Indonesia is leading to annihilation of the indigenous people of the land.

In the interests of mutual rights, justice and human dignity, MSG and other nations of the earth together with UN have both the legal and moral obligation to give an opportunity to those  peoples (nations) in the world that have not yet received independence to have their sovereignty legally recognised. It is really urgent that the MSG, UN and other nations of the world act on this obligation such that the position of all nations of the world may be on a level plane with no one nation able to continue to colonise and dominate another. This is absolutely critical in enabling progress towards the end goal of peace and prosperity for all peoples in the world and not just for a privileged few.

It was on the basis of this international commitment and the preamble to the Constitution of the MSG, that the MSG leadership at its 19th Summit in Noumea from 17-21 June 2013 made a decision that was all important in terms of the political and humanitarian status of Papua. Their commitment in regards to the indigenous people of Papua was clearly stated in points 20/21 of the Communiqué of the MSG, which is itself a valid and legal document. That decision was binding on all members of the MSG without exception and it is the obligation of all members of the MSG to respect and act in accordance with that decision. It will give great hope and joy to not only the people of Papua but also countless others, if every leader of the MSG is able to maintain their attitude and actions such that they are in accordance with this decision of the MSG.  In-keeping with that decision, to defend Papua’s sovereignty through official channels of the UN, by mediation between Papua and Indonesia and through dialogue regarding the political and legal status of Papua together with other problems.

The commitment of the MSG leadership is so closely tied to the issue of Papua and is now at the very edge and being seriously tested. The realities seen to date are that:

  1. There are certain members of the MSG that have not wholeheartedly respected and implemented the decision of the MSG leadership on 21 June 2013.
  1. There has been observed a lack of consistence of certain members of the MSG in regards to their commitment to the decision in Noumea and in fact there has been observed since that date an increase in the extent to which those particular MSG members have been working together in partnership with the State of Indonesia.
  1. The state of (1-2) above are a direct result  of Indonesia playing its ‘two-way’ political games; of continuing to carry out a range of operations aimed at suppressing the movement and activities of the Papuan Independence Movement, whilst at the same time increasing its level of campaigning and diplomacy towards certain members of the MSG.  (With Indonesia’s efforts in diplomacy have also been supported by a range of other ‘attractive offers’).
  1. Indonesia has also requested support of governments of other nations in this regard including both Australia and New Zealand, appealing to them to influence members of the MSG against supporting Papua’s application to the MSG.
  1.  Indonesia did not facilitate the agreed-on visit to Jakarta and Papua by an MSG delegation of Foreign Ministers within the 6 months time deadline from 21 June 2013 in accordance with the MSG decision.
  1. With the 6 months limit requirement of the MSG decision now passed, Indonesia has now on 11 January 2014 facilitated the visit of a MSG foreign minister delegation to Jakarta.
  1. Efforts have been made by Indonesia to prevent this MSG Delegation from visiting Papua during its visit to Indonesia.
  1. If it eventuates that the MSG Delegation is finally allowed to visit Papua during this present visit, then it’s highly likely that the Delegation will be prevented by Indonesia from meeting with key Papuan leaders and the leaders of the different components of the Papuan Liberation Movement.
  1.  All of the Indonesia Government’s efforts referred to above, have been made with the aim of causing Papua’s application to the MSG to fail.

At this time all peoples throughout Melanesia together with those in international solidarity, are keenly watching to see what steps and political direction will be taken by the MSG. Will the MSG maintain its earlier commitment and attitude on the Papuan issue or back down? Will Indonesia allow the Delegation to visit Papua at this time and allow them access to the key figures of the Papuan Independence Struggle including those currently imprisoned or will Indonesia block that access? Why be afraid?  Is not God with us?

This article has been written from behind prison bars for the purpose of strengthening our hearts and our faith in regards to the MSG Forum.  Let us remain strong and perseverant faced with this test.

Selpius Bobii is the  General Chairperson of Front PEPERA & Papuan Freedom Political Detainee held in  Abepura Prison, Jayapura

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BOBII: PAPUA, A CHESSBOARD OF MASKED COLONISERS

Opinion/Analysis

By Selpius Bobii, exclusive for West Papua Media

January 3, 2014

Throughout previous colonial periods and still today, colonising states in any location of the world have had the same basic attitude. That is of making the colonised peoples their subjects and seizing the area’s natural resources.  Their first focus on taking over a land is always to breakdown and destroy the systems of the culture, whilst at the same time terrorising the people to bring them to submission and killing many in the process.

As the culture of a people is a strength that endures, so it must be broken down to make a people submissive to colonial domination. Once the strength of the culture of the people is broken, then the coloniser can relatively easily master the land and its natural resources.  The coloniser then continues to ‘eradicate’ the people off the land by both overt and covert means, making it easily available for its own people to settle and exploit. The instinctive behaviour of the coloniser is aimed at ‘killing and plundering’ and they use whatever means necessary to annihilate the people so they can seize the land and its resources.

In this modern era colonial powers have the very same attitude but they have changed their face and their methods are now ‘tidily wrapped’ in bilateral or multicultural arrangements between nations. But make no mistake, the character of the colonising nations has not changed and they still aim to see peoples bought into submission by whatever means to enable a plundering of their resources and the overpowering of their land. Whilst not obvious to those who aren’t on the receiving end of colonial domination, this ‘tidy wrapping’ of colonial powers methods in modern times is primarily in the form of foreign investment.  Developing nations fall for the bait of colonisers’ offering working relationships that will supposedly help them develop.

The giving of humanitarian aid by colonisers to developing countries does not arise from a true humanitarian concern but rather is a ‘way in’. Such instances provide opportunities to the colonising powers to work with local governments, organisations and religions so the latter act as a bridge to persuade the people into surrendering their land and its resources. This they achieve of course through manipulation and trickery combined with the ‘convincing’ approach of violence.

The colonising nations will always seek to smooth the ground and create pre-conditions conducive to meeting their end goal of exploiting a region’s natural resources. They do this in the modern era commonly through donating grants or equipment, or through the provision of humanitarian aid, military training and equipment / grants or monetary loans.  We need to take a step back to recognise that colonising powers are not just giving hand-outs from the kindness of their hearts but rather are actually often intentionally creating crises as a way of manipulating developing nations. As in times of desperate need for assistance there arises a ‘way in’ that does not attract international criticism.. These ‘created crises’ have a range of forms including humanitarian crises, monetary crises, government control crises and so on. Alternatively the colonizing power may take advantage of a natural disaster to give aid thereby also providing a way in. Once they have a ‘foot in the door’ they can then set up unilateral or bilateral working relationships with the developing country that provide for foreign investment. (1)

Those types of investment that are potentially most destructive and which can lead to the loss of a people from the face of the earth are primarily investments in mining, large-scale plantations / agriculture and the timber industry.  With the most destructive being the mining industry, as the wastes of  mining can absolutely destroy the entire living environment and ecosystems. Entire forests are destroyed and with it villages that had relied on the forest to live.  This destruction of the living ecosystem indirectly creates an economic and humanitarian crisis that contributes towards annihilation of the local ethnic race.

The global wide investment market has no sense of justice or injustice. That which major investors and their peripheral supporters (eg regional governments) strive for is massive profits and they have eyes for nothing else. The local community at the location of the investment project become but victims and in locations of major works that last for many years as in Papua the list of victims is endless. The land is ransacked, ruined and can no longer yield produce for the people sufficient for their survival. The people in the process are terrorised, tortured, humiliated, raped and killed. Victim after victim without ceasing……..

The land of Papua has long been something akin to a chessboard for the playing out of the economic, political and security interests of the masked colonial powers. Indonesia has had no hesitation to allow many of those countries who are ex-imperialist powers to join the game where there was something to be gained by Indonesia in the process.  The massive largely USA owned gold and copper mine PT Freeport in Papua provides clear proof of the mutual ongoing  ‘repayment’  from Indonesia to the USA for the latter’s assistance in facilitating the annexation of Papua into the Republic of Indonesia. It’s a fine example of how the game works with masked colonisers playing out their economic and security games. The dynamics that see PT Freeport continuing in Papua reveal the injustice, discrimination, marginalisation, human rights violations and humanitarian atrocities that ensure the continued profitability for those in power.  Dynamics that are leading to the destruction of the environment and entire ecosystem, which are leading to the annihilation of the Papuan ethnic race.

The colonising nations hidden behind the masks of investors, have the ideal platform to step up from in Papua. As the government together with certain organisations and religions in Papua  are acting as a bridge connecting investors to the local community. The investors real goals have not changed from colonising powers of previous eras, striving to seize the natural resources and the land and to ‘eradicate’ the people in the process by whatever means necessary, hidden or overt. Killing can be direct such as instances where those with customary rights to the land oppose investors and their allies moving in. Or indirect such as where the local community in the area of the mine is killed slowly by the effects of contamination from toxic wastes of their food and water supply; or perhaps through starvation from no longer being able to farm their traditional lands and hence the sicknesses that result when people lose their villages and forests which are the source of their basic necessities of life.

Many nations have for years worked together with the State of Indonesia solely in furtherance of their own economic, political and security interests, to exploit the natural resources of Papua and its people, and so the countless numbers of victims who have fallen in order for those investors and Indonesia to achieve their goals. Indonesia and its allies are all members of the United Nations (UN), but clearly when it comes to the issue of Papua the Declaration of Human Rights and the rule of international law just ‘don’t apply’.  It’s time that those nations of the world responsible for the Papua’s subjugation together with the UN, acknowledged their wrongs in the previous period and through to today and break through those wrongs by making a way that acknowledges the independent sovereignty of the nation of Papua at law.

There are independent nations of the world that many years ago successfully landed people on the moon and yet there are still nations such as Papua that have not been given the chance to stand up and walk alone.  The determination of the people of Papua to stand and walk alone is strong but they have been knocked down again and again.  The matter of bilateral and unilateral working partnerships with other nations that are mutually profitable will of course be organised once Papua becomes recognised as an independent state. What is needed at this time is recognition at law by the UN and other nations of the world of Papua’s sovereign independence. As it is through this recognition that all forms of colonial domination by Indonesia in Papua can be brought to an end.

It is said that every individual, every group and every organisation can be an ‘ambassador for peace’ where they value and protect the human rights of some other person, family, tribe, group or nation, so that all can fully exercise their rights and obligations. Let’s each one of us be as ambassadors to truly realise peace on this earth this New Year.

 Footnote:

  1. Apart from the colonising effect of foreign investment, there is also types of domestic investment with that colonising effect. The domestic coloniser may act alone or work in conjunction with foreign investors to bring about the same ends of plundering the land and its resources and wiping out the local people to achieve that end.

Selpius Bobii is the  General Chairperson of Front PEPERA & Papuan Freedom Political Detainee in  Abepura Prison, Jayapura, from where he regularly contributes articles to West Papua Media.

 

 

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POLICE ACCUSED OF USING OTHER PRISONERS FOR THE ILL-TREATMENT OF YASON NGELIA

From our partners at Tabloid Jubi

by Benny Mawel

December 15, 2013

 

Aksi Pengalangan Dana Pegobatan Yazon
Raising money for treatment for Yazon Ngelia (Photo:Jubi/Mawel)

 

Jayapura,15/11— The Student Representation Council of the Politics and Civil Faculty at Cenderawasih University (DPM-FISIP-UNCEN) harshly condemns the parties responsiblefor  the imprisonment of Yason Ngelia, Chairman of the Executive Student Body (BEM) of the FISIP department, in Jayapura. Yason’s current condition brings a flood of disappointment as he is not in a good (physical) state as a result of the imprisonment.

The parties responsible for the imprisonment of Yason are the Papuan Governor and the Papua People Assembly.  The Cenderawasih University, with the involvement of 29 lecturers, have written an academic draft of the Special Autonomy Plus for Papua (or called for a Special Autonomy Papuan Government (for Papuans to run the provincial government). However, an individual student has reported he was physically abused by Yason which led to his arrest.

The recognition of the abuse against the student is the reason police have detained Yason, which led to the refusal of the students’ draft Otsus Plus.  Yason’s struggles to protect Papuan People from murder is systematically criminalised by the government through the acts of the police.

“The rector does not yet appear to be handling this problem,” said Septi Medoga, the head of the Student Representation Council of FISIP at Cenderawasih University to a reporter in front of the university gate in Waena-Abepura in Jayapura. (12/12)

The individual who claimed to be a victim of abuse from Yason, according to Septi, has never wanted to meet with members of BEM FISIP who want to solve this problem internally. “The student doesn’t want to meet with us.” He said.

Until today, according to Septi, Yason’s physical condition is declining rapidly as a result of his incarceration. “The police are using three other prisoners to beat Yason. His right temple has ruptured, his cheeks are bruised, his bones are broken and his back has been kicked hard,” said Septi, who spoke with Yason when he visited him in jail. This beating occurred on 20th November 2013 in the detention room of the police station in Jayapura.

Yason’s condition is rapidly deteriorating and he has not yet received any medical treatment. “We assess this to be neglect from the police, the e university, and of those who claim to be a victim of abuse from Yason, those who have dragged him behind bars” said Septi.

Because of this situation, Septi has taken the initiative to lead his friends to raise funds for the medical treatment Yason needs. “We will give the funds raised to Yason to give him the medical treatment he needs.” Early demonstrations occurred in front of the Cenderawasih University gates on Thursday. (12/12)

The fundraising will go from Monday (16/12) and will be placed at various central locations, like Expo taxi terminal, Abe Circle, and other universities in Jayapura.

The right to medical treatment is a fundamental human right for Yason, regardless of his status as a suspect. Septi is urging the Papua Emergency Health Unit (UP2KP) to take a step towards helping Yason. “We ask for Dr Alo Giyai to lend a hand to check Yason’s condition” he said.

When we asked about Yason’s release, Septi claims the head of BEM FISIP should be freed today, but the reason why not is still unclear. “The power of the law to send a letter of suspending the detention on 24th November, then until today there is still no reply from the police” he said.

Meanwhile, Pontius, the coordinator of fundraising for Yason’s medical treatment, hopes his activist friends from GEMPAR will stop demonstrations demanding for Yason’s freedom by blocking the gates of the universities, because this will slow down the process for his release. “Friends, please demonstrate without blocking the gates to campus, if they are kept shut, Yason’s release will take longer” he said.

This is definitely an internal problem that only the rector has no intention of solving a problem as trivial as this. “I am amazed with us having this institution. This institution has the authority to solve this problem alone, however the rector is hiding from it” said Pontius.

Editor : Victor Mambor

Translated by West Papua Media Translation team

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