Tag: Rejection of Special autonomy

Selection of MRP members should stop, say church leaders

Abridged in translation by TAPOL

Bintang Papua,11 January 2011

Given the growing concern about the implementation of Special Autonomy
(OTSUS) as reflected in the decisions of the Grand Assembly of the MRP
and the Papuan Indigenous People held on 9-10 June 2010, several church
leaders have called on the Indonesian president, the governors of the
provinces of Papua and West Papua and the chairmen of the provincial
legislative assemblies to halt the process of selecting members of the
MRP (Majelis Rakyat Papua – Papuan People’s Assembly) until such time as
there are clear answers to the eleven recommendations that were
submitted to the provincial assembly (DPRP) on 18 June 2010, according
to a joint communique by the churches The signatories include the head
of the Evangelical Church, the GKI, Rev. Jemima Krey, the head of the
Kingmi church, Rev. Benny Giay, Rev. Socrates Yoman and the head of the
Pentacostal Church, Rev. Tonny Infandi.

The assembly held in June 2010 which was facilitated by the MRP was an
official forum representing the voice of the Papuan people, well within
the framework of the rule of law in Indonesia. On that occasion, the
Papuan people clearly expressed the view that the OTSUS Law 21/2001 had
failed to result in any improvements in the living conditions of the
Papuan people which is why the Papuan people had returned the law to
Jakarta.

The handing back of the law to the two provincial assemblies occurred in
Jayapura and Manokwari on 18 June 2010, when a deadline of one month was
set for members of the asemblies to hold plenary sessions to respond to
the people’s aspirations, but since that time, neither of the assemblies
had adopted any measures to respond to these demands.

The impression is that the the central government as well as the
provincial assemblies are not in any way interested in taking any
action to improve the implementation of OTSUS, which is in direct
contradiction with the wishes of the Papuan people.

The situation has been further aggravated by current moves to set up a
new MRP, a body that has now been rejected by the Papuan people.

There is even the impression that the central government via the
intermediary of the United Agency of the Papuan Provinces, is about to
create a ‘puppet MRP’ within the framework of the OTSUS law that will be
incapable of granting protection and upholding the basis rights of the
indigenous Papuan people.

Church leaders regard the creation of such an MRP as being in serious
violation of the dignity of the Papuan people. The church leaders
therefore state the following:

Firstly, we respect the aspirations of the indigenous Papuan people as
declared in the decisions of the Grand Assembly on 9 -10 June 2010, that
OTSUS has failed and has been returned to the central government.

Secondly, that the central government and the provincial assemblies
should immediately stop all moves to select members of the MRP until
such time as there are concrete responses to the results of the Grand
Assembly that were made public on 16 June 2010.

Thirdly, we call upon the governors of the Papuan provinces to stop
ignoring the aspirations of the Papuan people and to sit down with the
people to hold comprehensive talks about Papuan aspirations in rejection
of OTSUS, democratically and in a spirit of justice.

Fourthly, we call on the central government to enter in dialogue with
the Papuan people so as to bring to an end the protracted legal and
political uncertainty which has brought despair to the Papuan people
who we lead in this Land of Papua.

Fifthly, we reject all attempts or formulations that spread confusion
about the demand for dialogue between the Papuan people and the
government of Indonesia which has for many years been expressed by the
Papuan people.

Sixthly, we urge the Indonesian government to stop all forms of
intimidation and terror and other repressive measures that are aimed at
stifling critical opinions from our community regarding development
that is now under way in the Land of Papua which has failed to respect
the interests of the common people.

Related Articles
9

COALITION OF UNITED PAPUAN PEOPLE FOR TRUTH (KRPBK) CALLS FOR DISBANDMENT OF THE MRP

[BACKGROUND COMMENT: News that preparations are being made for the creation of a new MRP has resulted in a number of comments from groups in Papua, most of which are very hostile to the idea, in view of the widespread dissatisfaction with Special Autonomy and calls for it to be ‘handed back’ The following is one of these comments, translated by TAPOL] 

COALITION OF UNITED PAPUAN PEOPLE FOR TRUTH (KRPBK) CALLS FOR DISBANDMENT OF THE MRP

Jayapura: A large number of  people who are members of the KRPBK took part in a demonstration in Jayapura on Monday 11 January  protesting against the recruitment of members of the Majelis Rakyat Papua (Papuan People’s Assembly).  They called for the MRP to be disbanded without delay because Special Autonomy (OTSUS) has been a total failure.

The demonstration began with a series of speeches outside the office of the MRP, under the guard of security forces from the police and Brimob. The demonstrators then proceeded to the office of the DPRP, the Papuan provincial legislative assembly, to present their demands.

Representatives from several components of civil society in Papua stated their views in a series of speeches. They said that  OTSUS which had bound Papua to Jakarta has been declared a failure by all the Papuan people at the time when they declared that they had handed back the OTSUS law  to the Indonesian government on 12 August and 17 July 2010. This means that there is no question of recruiting members of the MRP. The MRP which was set up as the the cultural voice of the Papuan people within the framework of OTSUS had proved incapable of representing the views of the Papuan people because it turned out to be nothing but a puppet. This means that there is no longer any need for the MRP to continue to exist in Papua.

They also urged the DPRP to implement the eleven recommendations [see below] adopted by the Grand Assembly of the Papuan People in June 2010. They pointed out that there had been no reaction to these eleven recommendations and nothing had changed.

The demonstrators called upon the Euroopean Union, the US and other countries which have made contributions to OTSUS to end their financial support . They also called upon these countries and the international community to push for acknowledgement of the status of Papua as a sovereign state and an independent people.

If these demands are not speedily  implemented, the KPRBK said that it will occupy the offices of the MRP and the DPRP together with a far greater number of  people. This action will take place simultaneously throughout the national territory of West Papua.

The KRPBK demonstration then met the chairman of the Commission A of the DPRP who is also the chairman of the MRP recruitment comittee, Drs Ruben Magai, who explained that the authority to disband the MRP rests with the MPR – the People’s Consultative Assembly of  the Republic of Indonesia – and the matter could not be handled by the DPRP, nor does the DPRP have the authority to respond to the eleven recommendations of the Papuan People.

Ruben Magai also said  that a special committee to evaluate OTSUS had been set up and the evaluation would happen very soon. As for the recruitment of members of the MRP, that is also in progress, together with the selection of the new governor and deputy governor, which is to be carried out by the MRP.

The KRPBK said that they were not satisfied with the response of the DPRP. They read out a statement of their opinion, while at the same time saying that they would refuse to make any written statement to the DPRP about their aspirations  until such time as their demands had been met.

—————————-
NB: The eleven recommendations were adopted by the MRP and the Indigenous People of Papua in June 2010 and call among other things for OTSUS to be returned to Indonesia, for an internationally-mediated dialogue with the Papuan people, for the holding of a referendum for Papuan independence, for the demilitarisation of Papua, for an embargo on international assistance for the implementation of OTSUS and for the closure of Freeport.

Related Articles
9

Civil and political rights violations will continue to occur in Papua

Bintang Papua, 4 January 2011

Civil and political rights violations will continue to occur in Papua

In this year of 2011, violations of civil and political rights [will]
still continue to occur in Papua, with such incidents as demonstrations,
shootings, torture, hostage-taking, killings and so on, which result in
conflict between the law enforcement agencies and civil society,
according to a human rights observer, Yusack Reba.

He said that freedom of expression is regarded by law enforcement
agencies as treasonous actions or separatism.

He said that there were two irreconcilable positions. According to the
state, every person is guaranteed the constitutional right to freedom
of expression, and there is nothing about people not being able to talk
about freedom. But according to the Criminal Code, expressions of
opinion are seen as being acts of separatism, which is treated by the
authorities as being a threat to the territorial integrity of the state.
As a result, the law enforcement agencies dont regard this as
expressing an opinion but as an act of treason.

He said that when people express their opinions in the provincial
legislative assembly (DPRP), this is not seen as an attempt to change
the philosophy of the state.

There is nothing in law that prohibits people from giving expression to
their aspirations but when such expressions go in the direction of
wanting independence, that enters into a diffrent legal framework. ‘But
if this is done peacefully and in a well-behaved manner, this is quite
legal and acceptable. If these are handled according to a different
procedure, human rights violations will be perpetrated in the form of
shootings, torture, and other actions.

He said that for the Papuan people, there are numerous instances of
human rights violations but they are not seen as being within the legal
framework and are not handled according to the rule of law, such as for
instance the Abepura case and other major cases which were not handled
by a proper court process.

‘This is why Papuan people have no confidence in the law as regards
actions to deal with human rights violations.

———————-

Related Articles
1

Seven Papuan activists are now in jail of POLRES Manokwari for conducting peaceful demonstration and unfurling 14-star flag

The following news has been translated from Cahaya Papua daily
newspaper – Thursday 30 December 2010.
For further information about these activists please contact the cell
phone their lawyers:
Leonard Yarollo: +62 852 44553375
Jan Christian Warinussy: +62 81344694500

Title:
Melky Bleskadit and his Friends Rejects Signing the Letter of Transfer
to Public Prosecutor

Manokwari – Seven Papuan activists who were arrested and charged with
treason articles for the case of unfurling the 14-Star Flag on 14
December 2010 reject to sign the letter of transfer for their arrest
to public prosecutor.
One of the suspects who is now in the (jail) of Polres Manokwari,
Melky Bleskadit says that he does not want to sign the paper because
it is not procedural.
“We have been accompanied by our lawyer, so everything that is related
to legal process of us has to be done through our lawyer, Jan
Christian Warinussy,” he said to Cahaya Papua daily newspaper from
behind the iron bars.
The secretary general of the Council of the Committee for the
Preparation of the Proclamation of the Sovereignty and Independence of
West Melanesia said that until now since being arrested, he and his
friends have just been examined once which was the moment after they
had just been detained and brought to the office of the Indonesian
police in Manokwari.
Melky said that he was asked 38 questions related to his involvement
during their action on 14 December especially his action of unfurling
the 14-Star flag for the duration of around 10 seconds in front of the
mass while giving his oration.
Quoting his answer to the police, Melky rejects the accusation which
says that their action is an “aksi makar” or act of treason against
the government and sovereignty of NKRI (the unitary state of the
Republic of Indonesia). According to him, expressing his opinion is
the right of everybody which has been regulated in the Indonesian
constitution of UUD 1945 article 39 verses 17 and 18, Law No 9 year
1998, as well as Law No. 14 year 2008.
The handling of Papuan case, furthermore he says, has to be carried
out democratically by respecting values of humanity. In his opinion,
dialogue is the best way to respond and to find final solution to the
conflict between Papua and the NKRI.
Melky stated that the central government have used passive and
repressive approaches towards the Papuan people.
“Papuan people have democratic rights, so we deserve to be given space
for democracy. Don’t use repressive approach in solving the conflict,”
he said.
Melky and his friends have been in the detention room for 16 days
since the day when they were arrested. The room with the size of 5 x 8
meters is filled with Melky and his friends, together with 20 other
criminals.
He said that he had submitted a letter for requesting the postponement
of their arrest to chief of the Indonesian police of Manokwari regency
to celebrate Christmas with families but his effort has been rejected.

Related Articles
5

Civil Society Coalition: Reflections on Human Rights in the Papuan Special Autonomy era

Press Release issued by the Coalition of Civil Society to Uphold Human Rights in the Land of Papua

Special Autonomy – OTSUS – came into being at a time of struggle when the Papuan people had become the objects of development, resulting in  many incidents of violence and human rights violations over many years. This was acknowledged in the introductory paragraphs of the OTSUS law and Articles 45- 47 of OTSUS,   in which the State acknowledged that mistakes had been made. There were hopes that an era of truth would emerge by means of creating peace and the right to life for the people of Papua. At the same time, however, there were groups who were against the enactment of OTSUS.

After being in force for nine years, these hopes have not been realised in accordance with expectations. There have been a numebr of  very serious  cases, such as Warior, Wamenda, Puncak Jaya, Tingginambu, Serui, Abepura and UNCEN, Mamberamo, Nabire, Manokwari and the arrest of a number of pro-democracy activists, the most recent of which being threats against journalists that have occurred with increasing intensity during the course of 2010. During 2010, there were at least five acts of violence against journalists . In July 2010, Ardiansyah Matrais who worked for Merauke TV and the JUBI tabloid was found dead after having received threats and being followed in Keerom, a typical example of cases that have occurred during the OTSUS era.

None of these cases have been properly resolved by legal procedures as required by the law, meaning that the people of Papua have no sense that the perpetrators have been brought to justice by the State.

The situation had been made even worse because the civil authorities in Papua have created the impression that they exert no authority or are too weak to handle cases of human rights violations. None of the civil authorities, the DPRP, the MRP or the Governor, have raised their voices or offered to mediate with institutions in power  whenever violence has been  experienced by civil society, meaning that there has been a virtual absence of control by the civil authorities. Even worse is the fact that the human rights agendas of OTSUS have been completely neglected and have been given no place whatever in the policy of development in Papua.

We members of the Coalition of Civil Society Organisations feel deeply concerned at and mourn the death of the enforcement of human rights and peace in the Land of Papua. We therefore propose the following to all those who have an interest in the Land of Papua.

1.  The Central Government

Should promotee and foster dialogue between Papua and Jakarta for a compehensive solution to all the problems in Papua that have occurred since Papua was integrated into the Republic of Indonesia/NKRI because OTSUS has been incapable of becoming the final solution in restoring relations between Jakarta and Papua.

The central government should, starting now, change its view  of Papua as an  area of conflict because such an attitude  can only cause continuing political crises in Papua because of the security approach and the use of the law. Experience has shown that such an approach has failed to end resistance  by the Papuan people, even causing the emergence of new Papuan movements.

End all forms of stigmatisation of the Papuan people because this is deeply humiliating for the Papuan people who have ceased to have any confidence in development undertaken by the central government in Papua.

Evaluate and reconsider that policy of dispatching non-organic troops to Papua because  many cases have occurred as a result of the presence of these troops and have resulted in new problems within society, while revealing a lack of sensitivity for the local values of the people.

The government should make public the size of the defence budget for the deployment of troops to Papua because these funds are extracted from the state budget, while the public in Papua, especially the Papuan people, should know what are the objectives of all this, how many personnel are involved, the locations where they are deployed and the amount of the funds being used for all this during the course of a single year.

To enhance human rights policies that take sides with the victims in the Land of Papua. This is because there is the erroneous view that the problems in Papua are only about the economy. As long as the central government persists in holding this view, disturbances will continue to occur in Papua.

The police force must act professionally in the performance of their duties and not discriminate against the Papuan people when they uphold their basic rights as citizens, while at the same time striving to restore confidence in the police.

Treat all prisoners in accordance with the procedures in force and the rule of law, so as to safeguard dignity and humanitarianism while steering clear of all arbitrary treatment, in particular ending the practice of torture.

The use of military courts as has recently occurred in Jayapura is proof that these military tribunals are incapable of creating a sense of justice for the victims and among  the public and are far removed from the basic human rights standards adopted by the Indonesian Government with its ratification of the International Covenant on Civil and Political Rights by the adoption of law 5/1998 which established the basis for fair trials.

2. The Government of Papua.

It should never forget or neglect  the human rights agenda in policies pursued in the Land of Papua, because up until now, more  emphasis has been placed on the economy and welfare. There must be a balance between these two agendas.

Treat all prisoners in accordance with the rule of law, guaranteeing people’s sense of dignity and humanitarianism  and avoid all arbitrary actions, in particular the practice of torture.

The Governor, the DPRP and the MRP  should coordinate with each other and respond quickly to cases of violence  and human rights violations in the Land of Papua. The absence of such an attitude  is proof that these civil institutions have no commitment to upholding human rights in Papua and will only intensify public mistrust of these institutions in the eyes of the Papuan people.

All programmes regarding the economy and welfare should be gender specific  and take the side of the victims of human rights violations, in particular taking due regard for the education and health of the victims and their families including the granting of reparations.

To immediately set up a team to draft a special regulation  (Perdasus) for a Truth and Reconciliation Commission and a Human Rights Court as provided for in OTSUS, bearing in mind that these matters have not been dealt with during the nine years since OTSUS was enacted, and have been forgotten altogether.

Jayapura, 9 December 2010

Related Articles
8

Create a website or blog at WordPress.com

Up ↑