HRW:: Indonesia – Drop Charges Against Papuan Activists

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Free Political Prisoners, Amend Treason Law to Uphold Free Speech

JANUARY 29, 2012
  • Police arrest attendees of the Third Papuan People
    Congress in Jayapura, Indonesia‘s Papua province on
     October 19, 2011.  © 2011 Reuters
The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists. It’s appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views.
Elaine Pearson, deputy Asia director

(New York) – The Indonesian government should drop charges against five Papuan activists who are being prosecuted for peacefully expressing their political views, Human Rights Watch said today. On January 30, 2012, the district court in Jayapura, the Papua provincial capital, will begin the treason (makar) trial of five leaders of the Papuan People’s Congress, which the authorities forcibly dispersed last October.

“The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “It’s appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views.”

On October 19, 2011, Indonesian security forces, using excessive force, broke up a three-day Papuan People’s Congress gathering in Jayapura, Human Rights Watch said. After one of the leaders read the 1961 Papua Declaration of Independence out loud, police and the army fired warning shots to disperse the approximately 1,000 Papuans gathered for the peaceful demonstration supporting independence for Papua. The security forces then used batons and in some instances firearms against the demonstrators, killing at least three and injuring more than 90 others. Witnesses said that demonstrators had been struck on the head and several suffered gunshot wounds.

Following the incident, eight police officers, including the Jayapura police chief, Imam Setiawan, were given written warnings for committing a disciplinary infraction by not giving priority to the protection of civilians. However, no other action was taken against police or military personnel for possible misuse of force.

Five of the activists– Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut, and Selpius Bobii – were charged with treason under article 106 of the Indonesian Criminal Code and have been held in police detention since October 19. Another Papuan, Gat Wenda, a member of the Penjaga Tanah Papua, orPepta (Papua Land Guard), which provided security at the Congress, will be tried separately on charges of possessing a sharp weapon.

At least 15 Papuans have been convicted of treason for peaceful political activities. They include Filep Karma, a civil servant who has been imprisoned since December 2004. About 60 other people throughout Indonesia, mostly activists from the Moluccas Islands, are also imprisoned on charges related to peaceful acts of free expression. Human Rights Watch renewed its call for the Indonesian government to release all political prisoners and allow human rights organizations and foreign journalists unimpeded access to visit Papua.

The Indonesian Criminal Code should be amended to ensure that no one is prosecuted for treason for exercising their rights to peaceful protest protected under the Indonesian constitution and international law, Human Rights Watch said. The constitution in article 28(e) states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have 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.” The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, similarly protects the rights to free expression and peaceful assembly.

Human Rights Watch takes no position on claims to self-determination in Indonesia. Consistent with international law, however, Human Rights Watch supports the right of everyone, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.

“The Indonesian government should be prosecuting the people responsible for the ugly and unnecessary crackdown that left three Papuans dead, not those who read out a 1961 independence statement,” Pearson said. “Pursuing this trial will only deepen the resentment that many Papuans feel against the government.”

‘Pro M’ Aspirations are guaranteed under the law: Police chief

“….But violations will be dealt with”

Bintang Papua, 7 December 2011

Jayapura: Activities that are conducted by people, such as freedom of
assembly and the expression of opinion or aspirations such as pro-independence for West Papua (‘M’) which are being promoted by some
West Papuan people are guaranteed under the law, said the Chief of
Police Police-General Drs Timur Pradopo, speaking after participating
in a dialogue with stakeholders about accelerating development in West Papua at the office of the governor of Papua.

He went on to say that if this freedom of assembly and talking about
independence aspirations are done in ways that violate the law, it is the responsibility of the police to enforce the law. Nevertheless,
before the law is enforced, certain steps need to be taken. If, for
example, the persons who assemble wish to present their views, it is up to the police at the local level (Polsek) or the regional level (Polres), backed by the regional police chief along with the rest of society and religious leaders, to take action for their protection but they should not act in violation of the law.

‘This is what is always done by police officers in Papua (Polda, Polres, Polsek), so as to safeguard the activities of each side.’

He said any violation of the law will be dealt with by the police. And furthermore, action will be taken against police officers who violate the law, such as maltreating people in the community.

He went on to say that if anyone feels that they have been harmed by the presence of the police, this should immediately be reported, along with facts and data, and there will be a response from Polsek, Polres, Polda or even the chief of police (Kapolri) will deal with the matter when the law has been violated.

‘No one is immune, including police officers.’

Asked whether there could be an increase in the number of police, taking into account the current security situation in Papua, the police chief said that there is no plan in the coming days for the number of police to be increased But what is being done is enforcement of the law.

‘It is the task of the police to preserve a situation of security in
Papua and this should be done in a proper way in order to ensure that
the plans for development and activities by the people can proceed smoothly.

[COMMENT: A shift towards greater leniency seems to be in the air]

[Translated by TAPOL]

Survival: Crackdown fears peak in West Papua 50 years after first independence call 30 November

SURVIVAL INTERNATIONAL PRESS RELEASE

Pro-independence protesters march in t-shirts bearing the 'Morning Star' flag
Pro-independence protesters march in t-shirts bearing the ‘Morning Star’ flag
© West Papua Media/Survival

Pro-independence Papuans are planning widespread rallies this Thursday to mark 50 years since they first raised their symbolic ‘Morning Star’ flag. A climate of fear surrounds the anniversary as Indonesia continues to brutally suppress any opposition, and hands derisory sentences to security forces implicated in the violence.

It is now a treasonable offense to carry the flag, which has become an emblem of West Papua’s struggle for independence since it was first flown on 1 December 1961.

As recently as October, West Papuans were left critically aware of the risks still involved in proclaiming independence. Up to ten people were killed when Indonesia’s security forces broke up an independence rally. The main officers involved have reportedly received reprimands.

Thursday’s peaceful protests aim to show there is still a strong appetite to end almost half a century of occupation and flagrant human rights abuses.

Since 1963, an estimated 100,000 civilians have been killed under Indonesian occupation.

A Korowai girl in West Papua, which has been occupied by Indonesia since 1963
A Korowai girl in West Papua, which has been occupied by Indonesia since 1963
© Survival

One of the main rallies will be held in the city of Jayapura, by the grave of former Papuan leader, Theys Eluay. He was killed in 2001 by the Indonesian military. The seven men convicted of his murder were only given paltry jail terms.

The disproportionate use of force by Indonesia, and the clear lack of justice, leaves Papuan protesters fearful ahead of Thursday’s anniversary, says Reverend Benny Giay.

Speaking to Survival from West Papua, he said, ‘Most of the businesses will close down so people are stocking up on essentials…(and) in Jakarta lots of students are leaving their hostels to go back to their families, as they fear the military. The situation is very tense.’

Survival’s Director Stephen Corry said today, ‘Indonesia’s illegal occupation of West Papua is almost unparalleled in its brutality. It’s outrageous that the international community is turning a blind eye on almost half a century of ruthless oppression and unbridled violence against the Papuan people.’

There are growing calls for Australian monitors to enter West Papua ahead of Thursday’s rallies, and for Indonesia to allow foreign journalists back in.

Note to Editor

  • West Papuan independence activist Benny Wenda is available for interview in connection with this press release.  Please contact here for more.
  • Wenda set up Free West Papua after being granted asylum in the UK. The Indonesian government wants him to return and has asked Interpol to arrest him. Wenda says the charges against him are made up and politically motivated.

West Papuan leader urges peaceful defiance in the lead-up to December 1st

Papuan Leaders take a sit in floor of Papuan Police Prison. From left to right each of them; Edsison Waromi SH (Prime Minister), Forkorus Yaboisembut S.Pd ( President Republic Federal State of West Papua), Dominikus Surabut ( Aktivist)), Gad Wenda (Aktivist ), Agus Senandy Kraar (Aktivist ) and Selpius Bobii (Chair of Orginizing Commettee of Third National Papua Congress). (Photo: West Papua Media)

30 November 2011

Exclusive interview by Alex Rayfield (New Matilda) with West Papua Media

The President of the Federal Republic of West Papua may be behind bars, he may have been savagely beaten by the Indonesian police, but he has not been silenced. From his 5×4 meter cell in the bowels of the Jayapura Police Station – quarters he shares with five other Papuans also charged with rebellion against the Indonesian state – Forkorus Yaboisembut recently issued a rousing call to action smuggled out of prison.

“To all the Papuan people” Yaboisembut writes, “don’t be afraid to celebrate December 1st, whether you do so simply, or as part of large gatherings. Do not be afraid because we, the Papuan people, do not intend to destroy any country; we only wish to defend our political rights.”

Our interview, the first – clandestine – interview with Western media, may be constrained by time and space, but I can picture the tribal elder from previous meetings. He is a quietly spoken man, late in years but strong and alert. He walks tall, sits up straight and dresses neatly in long dark pants; polished slip-on shoes and patterned but subdued crisply ironed business shirts. His short hair and longish grey beard gives him the look of an Old Testament prophet, grandfatherly if you like.

It is painful to think that he when he was arrested on October 19 he was tortured so badly that he could barely sit down – or stand. Dominikus Surabut, from the West Papua Council of Customary Tribal Chiefs, who was detained with the man who is now the President of the Federal Republic of West Papua and who was also badly tortured, tells me that when Mr Yaboisembut was arrested the Police beat him mercilessly with a rifle butt, raining blows down on his head and crashing their weapons into his solar plexus. In a widely published Indonesian language account of the arrest, a religious leader said that an Indonesian soldier was ready to shot him dead but was urged not to by a policeman.

West Papuan’s political rights, Mr Yaboisembut says, are inalienable. “Whether you take the United Nations founding document, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Political Rights or even the Indonesian Constitution as your starting point, Papuans have the right to self-determination.”

Forkorus Yaboisembut S.Pd and , Edison Waromi,SH

“The preamble to the 1945 Indonesian Constitution mentions expressly, that independence is the right of all Nations, and because of this colonialism must be swept away, it is consistent with the principles of justice and humanity. Consequently, the people of Papua cannot be blamed in accordance with any law for wanting to celebrate their national day.”

These ideas, the same ideas that inspired Indonesians to liberate themselves from Dutch rule, are igniting the imagination of entire generation who yearn to be free. What makes Mr Yaboisembut’s ideas even more extraordinary is that he is urging an insurrection that grounded in what he calls “human dignity”.

“December the first 2011, is the fiftieth anniversary of when Papuans first raised the Morning Star flag. It is our golden anniversary, the year of God’s liberation” he says evoking the images of the ancient Jewish custom of Jubilee – of freeing captives and erasing debts. “It must be celebrated in an atmosphere of peace, safety and calm”.

“To Papuans, I therefore say, do not carry out acts of terror, intimidation or commit violence of any kind towards anyone, for whatever reason, whether they are Papuan or migrants.

“Do not be afraid,” Mr Yaboisembut repeats, “God is with us.”

Papuan leaders are standing infront; Forkorus Yaboisembut S.Pd, Edsison Waromi SH .behind Dominikus Surabut, Gad Wenda, Agus Senandy Kraar and Selpius Bobii (Photos: West Papua Media)

“The roots of our oppression is political” says Mr Selphius Bobii, Chair of the Committee of the Third Papuan Congress, who also shares a cell with Mr Yaboisembut and Surabut. “The annexation of our country by Indonesia and the acquiescence of the international community has resulted in state sanctioned human rights violations and creeping genocide.”

Those arrested on October 19 in the wake of the Third Papuan Congress are not backing down from the declaration of independence. “We are committed to using people power, diplomacy and the law to achieve our rights” Bobii tells me.

Dominikus Surabut says that he and the other prisoners are refusing to sign police statements charging them with “rebellion” (makar) under sections 106 and 110 of the Indonesian Criminal Code.

“We have done nothing wrong” Surabut says. “We have a political right to declare independence. We do not seek to destroy Indonesia or any other country. On the contrary, it is the Indonesia state that has attacked us.”

How can it be, they rhetorically ask, that the Indonesian police get written warnings for killing Papuans when Papuan activists nonviolently exercising their rights to freedom of expression are beaten and jailed?

Is this the same country that Obama and Gillard lauded for being a beacon of democracy?

In a widely published letter in support of Papuan political prisoners Human Rights Watch says that the articles under which the six Papuan political prisoners arrested after the Third Papuan Congress have been charged “are a legacy from the Dutch colonial era”. Charging nonviolent activists with rebellion is “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.”

The charge of rebellion is also inconsistent with Indonesia’s international obligations under the International Covenant on Civil and Political Rights (ICCPR) which Indonesia ratified in 2006, a point which the jailed Papuan leaders make repeatedly to me. Besides, the Papuan leaders sigh, we have been left with no other option. “Special Autonomy has totally failed and even the MRP, a state institution convened a meeting which came up with eleven recommendations, one of which was to hold the Third Papuan Congress.”

Outside their police cell, in the streets of the cities and towns of West Papua, in the cloud covered mountains and on the coconut palm fringed coasts a new political consensus is emerging. This consensus has been forged not through endless meetings of the Diaspora, nor in stillborn discussions with political elites in Jakarta, nor in the conference halls of NGO deliberations, but in the furnace of political action. It is simply this: that West Papua must be free.

After the Congress three overlapping political groupings have emerged: the Papuan Peace Network who is calling for political dialogue, the West Papua National Committee who demands a referendum, and the Papua Congress leaders (supported by a loose alliance made up of the West Papua National Authority, the Council of Customary Papuan Chiefs, the Presidium Dewan Papua, and the West Papua National Coalition for Liberation).

The killings of nonviolent Papuans by the Indonesian police and military on October 19 have divided ordinary Indonesians, flushing out ultra-nationalists and their racist discourse, and outraging political moderates longing for a different kind of future than the one left to them by former dictator Suharto.

Inside Papua the massacre appears to be having a unifying effect, although Papuan politics remains complex affair. The West Papua National Committee who opposed the Congress later marched in support of the six political prisoners. Father Neles Tebay, respected intellectual and leader of the Papua Peace Network has intensified the demand for political dialogue. It is a call that has been supported by Yaboisembut and others. “All Papuans, wherever they are must respect the dialogue process democratically initiated through the Papuan Peace Conference and the Papuan Peace Network” wrote Mr Yaboisembut in a message smuggled out of prison.

Whether the Indonesian police and military act in a similarly dignified manner, or not, remains to be seen.

As I write this a long-term Papuan human rights activist sends me this message: “there’s an increase of military patrol of soldiers around Jayapura Township.” Some put the numbers as high as forty thousand. Reports are filtering in of troop surges in Sorong, Paniai (where gunshots have been heard), the border region and Jayapura.

“The atmosphere here is quiet but eerie” my friend writes. We are all waiting to see what December 1 will bring.

New Docos examine upheaval in West Papua

As the 1st of December looms, two new short documentaries published by West Papua Media take a look at the recent wave of unprecedented political and industrial action and state repression in the lead up to the 50th anniversary of West Papuan Independence.

The Third Papuan People’s Congress

PLEASE NOTE: FOOTAGE FROM TIMECODE 04:59 – 05:43, OF PAPUAN GUERRILLAS FROM TPN/OPM RAISING THE MORNING STAR FLAG IS INDICATED AS FILE FOOTAGE FROM “FORGOTTEN BIRD OF PARADISE”, AND IS USED PURELY FOR HISTORICALLY ILLUSTRATIVE PURPOSES.  THIS FOOTAGE WAS SHOT IN 2008 IN THE HIGHLANDS OF PAPUA AND DOES NOT INDICATE, IMPLY OR ILLUSTRATE ANY ARMED PRO-INDEPENDENCE PRESENCE AT THE THIRD PAPUAN PEOPLE’S CONGRESS, WHICH IS FACTUALLY CONFIRMED AS BEING A PEACEFUL, NON-VIOLENT ASSEMBLY, WITH NO WEAPONS OF ANY SORT PRESENT BEFORE, DURING, OR AFTER PROCEEDINGS, OTHER THAN WEAPONS USED AND BELONGING TO INDONESIAN SECURITY FORCES.
PUBLIC OR PRIVATE MISREPRESENTATION OF THIS FACT WILL BE CONSIDERED DEFAMATION AND LEGALLY ENFORCED.

Credits

Production:  traverser11 and Nick Chesterfield

Music: Airi Ingram and Ak Rockefeller

Script: Nick Chesterfield and Mark Davis

Video Supplied by: West Papua Media, Tapol/Down to Earth, Dominic Brown; ABC  Lateline, SBS, TV Papoes, Metro TV Papua
Freeport Miners Strike

Video from the three month long strike at Freeport Mine in West Papua, police repression and actions in solidarity with the miners. Produced by traverser11 with music by Airi Ingram.

Credits

Production:  traverser11 and Nick Chesterfield

Music: Airi Ingram and Ak Rockefeller

Video supplied by:  SPSI Freeport (miners Unions), West Papua Media, Lococonut, Theagapaipho, WPACTION Network, Yerry Nikholas, Beni Pakage

and public domain content from: Al Jazeera English, Reuters

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