Tag: right of free expression

A security force of 4,000 to guard Third Papuan People’s Congress

Bintang Papua, 5 October 2011Jayapura:  The Third Papuan People’s Congress [KRP] which is due to take place from 16 – 19 October will be provided with a security force of four thousand Papuans, according to the chairman of the KRP committee, Selpius Bobii, when he handed over the congress programme to Bintang  Papua.

The objective of the congress will be to make a frank evaluation of the realities in a number of sectors of life of the Papuan people in the Land of  Papua overall, with  particular attention to protection and to the principle of siding with and empowering the basic rights of the indigenous Papuan people in accordance with the Special Autonomy Law [UU21/2001] and to determine the seriousness with which the state, that is to say Indonesia,  is building Papua in conformity with human dignity.

In addition, to seek the mechanisms and correct measures for resolving the Papuan question with greater attention to the principles of justice, peace and well-being, in a dignified way. Preparations along the lines of the material conditions and security  are already in place.

According to Bobii, the KRP will be a large-scale festival of democracy for the Papuan people. What this festival  of democracy hopes to achieve is a common understanding of the realities in many fields of life for the people in the Land of Papua and to reach a proper understanding  of the  intentions of the Indonesian state in upholding the basic rights of the indigenous Papuan people, including their political rights, and to seek out the mechanisms and correct steps that need to be taken for a more peaceful, dignified and welfare solution of the Papuan problem, within the global community.

‘In order to achieve these objectives,  we have called on the community as a whole and the various organs to ensure a conducive atmosphere. And moreover, while the congress is in progress, there will be the need for internal consolidation between the various organs and consolidation at the base. And in order to safeguard the proceedings of the congress,  the committee has made arrangements for a Papuan security force of 4,000 people.

/Translated by TAPOL/

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Deal with the rectification of history first, says Indonesia

*“Deal with the rectification of history first”*Bintang Papua, 3 October 2011

JAYAPURA – The claim made by the Committee for the Third Papuan People’s Congress (scheduled for 16–19 October) that they already have the support of the government has received a pessimistic response from a member of the DPRP, the Papuan Provincial parliament, Dr. Johanes Sumarto. He said that the Papuan parliament is urging the Third Papuan People’s Congress Committee to deal first with the unfinished agenda of the Second Papuan Congress, then talk about the issue of a third congress. He said that as one point on the agenda remained unfinished, that is to say, the rectification of history had not yet been successfully dealt with, it was not the time to start dealing with more agenda items. Because of this, said Johanes, pushing ahead with the Third Papuan People’s Congress before outstanding agendas had been dealt with was a waste of time, funds and energy. “The [agenda of the] Second Papua Congress has not been finished and now they want to have a third – this is a waste of energy, money and so on,” said the representative of the Gerindra Party when contacted by Bintang Papua at his office at the Papuan local parliament in Jayapura on Monday (3/10).

According to Johanes, once the agenda of the Second Congress is finished, this should be reported to the government and along with the plan for the Third Congress. “This in no way diminishes the will to hold a Third Papuan People’s Congress. I value their desire to have this congress. But this is a question of efficiency of the activity,” he added.

The problem according to him was that the Second Congress received the blessing and financial support of the central government via former President Gus Dur [Abdurrahman Wahid), to the tune of one billion rupiah, whereas this Third Congress had not yet been approved by the government. “The central government hasn’t approved it yet, but neither have they opposed it,” he said.

As reported in this newspaper yesterday… [repeats article of 2 October 2011].

Translated by TAPOL

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Committee claims that Third Papua Congress has Jakarta’s support

To be held 16–19 October
Bintang Papua, 2 October 2011JAYAPURA – Despite failing to meet directly with President Susilo Bambang Yudhoyono (SBY), Team 7 of the Third Papuan People’s Congress, lead by Selfius Bobii stated that they had received a positive response from the central government. On Saturday 1 October, at a press conference held on his return from Jakarta, Selfius Bobii said “I and the Jakarta team have met with the Deputy Head of the Internal politics section, Judy Harianto of the Ministry for Politics, Law and Security,” accompanied by the entire Third Papua Congress committee. Following the two meetings held with the Ministry of Politics, Law and Security, according to Bobi, the central government has responded well to the planned agenda for the Third Congress. “If the president is free then he will open the conference, otherwise he will be represented by a minister,” he explained. During this opportunity in Jakarta, invitations were given to the Ministry for Politics, Law and Security and to the Secretary of State, for the President. “They (the central government) will be present as the keynote speaker,” he explained.

It was added that the congress organisers, who at this point have not yet confirmed the venue, have also invited all foreign embassies. In reference to support requested from Papua’s provincial government, according to Bobii there was none as yet. “We went to the DPRP several times, but the situation has been like this for ages… so we just let it be,” he explained disappointedly.

The Third Papua Congress will begin with a blessing on Sunday 16 October 2011. It will then be formally opened on Monday (17/10). He said that the Third Papua Congress is part of the democracy process in Indonesia and is supported by international law and national Indonesian law. The Third Papuan People’s Congress is also aimed at the fulfilment of human rights. In the matter of law and human rights, the state and government hold the status of protectors, said Selfius Bobii on Sunday 1 October at the press conference. Bobii said “As a democracy festival for the Papuan people at the highest level, the momentum of the Third Papuan People’s Congress on 16–19 October 2011 will be attended by representatives of the Papuan people from both outside and inside Papua, in an attempt to provide leadership for their aspirations in a dignified and democratic fashion, using democratic mechanisms which are supported by international law and the state constitution of the Republic of Indonesia.”

Bobii went on to say: ‘Invitations to all foreign countries and embassies have already been sent, and the majority have already responded that they will be present at the Third Papuan People’s Congress. There are those who have not yet responded, but of those internal invitees, 99% have already responded, leaving only 1% of our friends who don’t yet understand the right to struggle,” he said. When asked about the problem of TPN/OPM who do not agree with the agenda, Bobii firmly stated “We are well aware of each group’s position and we’re not going to try to interfere, but we respect and support each other in accordance with our respective roles. The Third Congress is a consolidation of the Papuan people, both in the towns and outside the country. Since 1965 the struggle came from the towns to the forest, then between 1991–1998 the struggle returned from the forest to the town, and now the struggle is already in the towns, do we want to go back to the forest again? Because of this we speak of our self-awareness and the roles of each group. If it’s the civilian wing…? Then the civilian wing has to know their role. Likewise if it’s the diplomatic wing, he should know what his job is…! So I am emphasising self-awareness and for each to carry out their role. We have already told our elders who previously did not agree that this is no longer the time for weapons and violence, it’s different now,” Bobii said firmly, continuing: “The struggle today is a peaceful struggle, in accordance with the decision of the Second Papuan People’s Congress; the peaceful struggle must be defended, because the peaceful struggle is sacred” he remarked. “We hope that in this struggle, nobody will be dishonoured,” he added.

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AHRC: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-046-2011

4 October 2011

[RE: AHRC-UAU-041-2011: INDONESIA: Manokwari court sentences two Papuan activists in flawed trial]
———————————————————————
INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ISSUES: Freedom of expression, Indigenous Peoples, Independence of Judges and Lawyers
———————————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Institute for Research, Recognition and Development of Legal Aid (LP3BH) in West Papua regarding the sentencing of another Papuan student and the acquittal of four others in relation to their involvement in a peaceful protest on 14 December 2010. While the AHRC welcomes the acquittal of four of the seven victims brought before court the sentencing of the other three presents a violation of their right to freedom of expression. Concerns over the imprisonment of Mr. Bleskadit and the application of the rebellion charge against peaceful protesters in other cases in West Papua remain.

UPDATED INFORMATION:

In the urgent appeal on 23 June 2011 (AHRC-UAC-117-2011), the AHRC raised concerns about the rebellion charges against seven people, for organizing and participating in a peaceful protest and the raising of a West Papuan flag that symbolizes self determination. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. (photo: Melki Bleskadit in court, source:LP3BH)

On 18 August 2011, the Manokwari district court sentenced Melki Bleskadit (also known as Melkianus Bleskadit) to two years imprisonment. On 23 August 2011, Mr. Yenu was sentenced to seven months and 16 days imprisonment. The AHRC learned that the verdicts were declared based on a flawed process and issued an update AHRC-UAU-041-2011.

On 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon alias Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai alias Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during pretrial detention.

The AHRC is of the opinion that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originates from the Dutch colonial period have to be reviewed and their further application halted. The AHRC has noted that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are rarely held accountable, which prolongs the use of the courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability actions against the perpetrators are known.

The court held four of the victims not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

The AHRC has received reports from further sources that the security institutions in Manokwari and West Papua had earlier planned to undertake systematic efforts during 1-14 December 2011 to intentionally create a situation that would allow for the arrest of and criminal charges against protesters. According to the reports received this operation was planned to justify the ongoing stigmatization of indigenous Papuans with the view to scale up security operations. The AHRC urges an immediate investigation into these serious allegations to avoid repetition.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all allegations of institutional misconduct leading to wrongful deprivation of the victims liberty is investigated, that the victims are compensated and Mr. Bleskadit is released from his political imprisonment. All legal process must to be conducted in accordance with international norms.

Please be informed that the AHRC is sending letters on this case to to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous people, and the Special Rapporteur on the independence of judges and lawyers.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

Name of victim: Jhon Raweyai, Penehas Serongan, Yance Sekeyab, Alex Duwiri, John Wilson Wader, Melki Bleskadit and Daniel Yenu
Names of alleged perpetrators: Police members, including guards of detention cell of Manokwari district police who arrested, detained and examined the victims, the prosecutor who examined this case
Date of incident: December 2010-September 2011
Place of incident: Manokwari, West Papua, Indonesia

I am writing to voice my deep concern regarding the conviction and sentencing of Jhon Raweyai at the Manokwari district court on 27 September 2011 and the ongoing imprisonment of Mr. Bleskadit for their involvement in a peaceful protest on 14 December 2010.

I know that on 14 December 2010, seven people were charged with rebellion after they had conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

Furthermore, I know that the Manokwari district court issued the verdict that two of the victims, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion. On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. I am also aware that the verdicts were declared based on flawed process. Meanwhile, the other accused are still undergoing the trial process.

I was informed that on 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon als. Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai als. Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during detention.

I am aware that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared by them violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originated from the Dutch colonial period have to be reviewed and their further application halted. I am also aware that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are hardly held accountable, which prolongs the instrumentalisation of courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability processes against the perpetrators are known.

I am also concerned that the court held four of the victims as not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to a compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

I was shocked to hear about further reports that alleged that security operation were planned by some authorities in order to artificially create conditions that would allow the police to charge activists in various places of West Papua as rebels in order to maintain stigmatization and with the view to scale up security operations. Since many of the steps taken by authorities in recent years seem to aggravate the conflict in West Papua, I am very concerned about the approach of Indonesian institutions in West Papua.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088
Fax: +62 21 3442223

2. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

3. The Minister of Law and Human Rights of the Republic of Indonesia
Jl. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006, 5253889, 5264280
Fax: +62 21 5253095

4. Mr. Basrief Arief
The Attorney General of Indonesia
Jl. Sultan Hasanudin No. 1
Kebayoran Baru, Jakarta 12160
INDONESIA
Tel.: +62 21 7221337, 7397602.
Fax: + 62 21 7250213

5. Head of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

6. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

7. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

8. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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The TNI Should Withdraw From Papua to Prevent Another Lacluta

By Daniel Pye

This month marks the 30th anniversary of the Lacluta massacre in East Timor by battalions of the Indonesian military, or TNI.

One of the enduring horrors of the occupation of East Timor was the “fence of legs” campaign of 1981 where civilians were rounded up and forcibly marched across the island to flush out resistance fighters – including Xanana Gusmao, now the fledgling nation’s Prime Minister.

Many died along the way. The campaign led to “very serious humanitarian consequences,” including famine as it took place during planting season and many of those press-ganged were subsistence farmers.

The march headed to Lacluta where the UN Commission for Reception, Truth and Reconciliation determined hundreds of East Timorese were murdered by Indonesian armed forces. “The commission received evidence of a large massacre of civilians, including women and children, at this time,” it said.

Indonesian authorities admitted to only 70 deaths, while Martinho da Costa Lopes of East Timor’s Catholic church said the death toll was closer to 500. One East Timorese fighter said the attack was carried out by Battalion 744, later to be commanded by Indonesia’s current president, Susilo Bambang Yudhoyono.

“I witnessed with my own eyes how the Indonesian military, Battalion 744, killed civilians in front of me,” Albino da Costa said. “They captured those unarmed people, tied them up then stabbed them to death. There was a pregnant woman captured and killed just like that. I saw it from a close distance, just 100m from where it happened.”

Costa Lopes died in Lisbon in 1991. His repeated calls for intervention by the United Nations and for curtailment of United States military aid to the Indonesian Government went unheeded.

The US, Japan and a number of Western European countries continued to provide Indonesia with about $5 billion in military aid. In the aftermath of the 1975 invasion the media largely ignored, as one Australian parliamentary report called it, “indiscriminate killing on a scale unprecedented in post-World War II history,” because of Indonesia’s vast natural resources. It was, as former US President Richard Nixon put it, the “greatest prize in the Southeast Asian area”.

Indonesia’s occupation of East Timor ended with independence and perhaps as many as a third of the population killed.

But today there is another war for independence in Indonesia: West Papua. And the parallels with East Timor are striking.

Papuans have endured horrific violence since Indonesia first invaded in 1963. Amnesty International and other human rights groups agree that as many as 100,000 Papuans have been killed under occupation.

West Papua is rich in minerals and oil. Transmigration, commercial logging, mining and other government-sponsored programs are considered to be in the interests of the nation, and take priority over any local land claims.

It has the world’s largest gold mine, controlled by the Freeport-McMoRan Company of Louisiana and the Anglo-Australian company Rio Tinto. General Suharto granted the concession under the 1967 foreign investment laws that opened Indonesia to near-unrestricted foreign wealth exploitation.

When guerrillas from the Free West Papua Movement sabotaged the mine in 1977, the army responded by killing at least 800 Papuans. This was not the first, not the last time the Indonesian military would be used to protect Western capital under the guise of “protecting the unity of the nation”. It is happening still.

Grasberg workers walked out on strike over pay and conditions on Wednesday. The mineworkers are paid between $1.50 and $3.50 per hour, less than a tenth of what their colleagues in other countries get, while between April and June 2011 Freeport made a profit of $1.73 billion. Most of the wealth extracted from the mine goes abroad – a tiny percentage benefits Papuans. Two thirds of West Papua’s forests – which are at the heart of Papuans’ traditional way of life – are designated for “production” by Jakarta.

An Indonesian military intelligence report leaked to the press in August showed how the island is awash with spies. And how badly equipped are the Papuan separatists to fight the Indonesian military. The TNI is armed and trained by the US and its allies as part of the East Asia Summit grouping, which is fast developing into a Nato for Asia.

Ahead of the planned Third Papuan Peoples Conference, Indonesian paramilitary forces linked to the police and Special Forces of the army appear to have stepped up military operations in the province, which have been described as a campaign of terror by people on the ground. According to KontraS, The Commission for the Disappeared, the army’s actions are illegal under Indonesian law.

Just like in East Timor before independence, West Papua is a prime example of a colony where the extraction of wealth for the benefit of a few outweighs a people’s fundamental right to self-determination. If atrocities such as the one at Lacluta are to be prevented in the future in West Papua, the TNI should withdraw and international investigators should be allowed access to the region.

Jakarta is at a crossroads with international attention focused on West Papua following the Pacific Islands Forum meetings in New Zealand. The head of the UN Ban Ki Moon was unequivocal when asked about Papua. Papuans’ rights should be upheld, he said. Indonesia’s government could take this opportunity to fulfill its pledge to grant Papuans autonomy. But this must include an end to the lawlessness of government-sponsored armed groups, a withdrawal of army units, and determining how Papuans’ natural resources are used must be the preserve of Papuans.

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