Tag: right of free expression

WPNA: WEST PAPUANS HAVE CONTINUED TO BE HUNTED LIKE ANIMALS

Opinion

By Herman Wainggai, West Papua National Authority
September 15, 2011

WASHINGTON : WEST PAPUANS HAVE CONTINUED TO BE HUNTED LIKE ANIMALS

I have lived in Australia for the past five years and have visited the United States several times. Currently I am in America working to promote democracy and human rights in West Papua; a right that my people have been desperately struggling to win for almost fifty years.Even in the recent past West Papuans have continued to be hunted like animals but our resolve has never diminished to win independence and become our own self-governing nation.

Since 2009 when the Australian government granted thirty-nine West Papuan friends and myself political refugee status in 2006. Australia has given us protection, permanent residency and in some cases Australian citizenship.

My question to Indonesia is, “Why do the Australians value the lives of West Papuans and allow us to enjoy our freedom while at the same time the majority of West Papuans do not even know what freedom feels like?

On October 8 and 9 there will be an historic meeting of the West Papua National Authority Congress unlike any other in our past. It will take place in Port Numbay, the capital city of West Papua. The people of West Papua have known for seven years of the existence of the West Papua National Authority (WPNA). At the meeting we hope to break new ground on the soil of our beloved homeland and forge new and vital relationships with important international powers. Additionally we will be meeting in Cenderawasih University on 16-19 of October. The floodgates of democracy will soon swing wide open and we West Papuans will finally realize our dream of merdeka and the international community shall be behind us on a journey as a nascent, democratic nation.

My hope is that the American government will continue to hear the voices of West Papuans through our presence here in Washington, D.C.

I would like to request that the international community hears our call for help and understands that our policy of peaceful protest is rooted in 50 years of repression and violence. Our continuing struggle for freedom is clearly endorsed and encouraged by President Barak Obama of the United States as illustrated by his words spoken in April 2009 in Prague:

““…peaceful protest could shake the foundations of an empire, and expose the emptiness of an ideology. It showed us that small countries can play a pivotal role in world events, and that young people can lead the way in overcoming old conflicts. (Applause.) And it proved that moral leadership is more powerful than any weapon.” ”

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New Hope for West Papuan – or yet another False Dawn?

by Kim Peart

Is Indonesia about to lose its grip on the western half of New Guinea, a territory the size of France and ancient homeland of the Melanesian West Papuans?

Addressing questions at a press conference in New Zealand yesterday, the Secretary-General of the United Nations, Ban Ki-moon, made the following statement:

United Nations Secretary General Ban Ki-moon at today's press conference in Auckland. Photo: Henry Yamo / PMC

“Again this issue should also be discussed at the Decolonisation Committee of the United Nations General Assembly. And when it comes, again, to whether you are an independent state or non self-governing territory, whatever, the human rights is an inalienable and fundamental principle of the United Nations. We will do all to ensure that the people in West Papua, their human rights should be respected.” [1]

 

To read of West Papua being raised in the context of the UN Decolonisation Committee by the Secretary-General is quite startling, for one specific reason: West Papua was removed from the list of colonised territories in 1969. This is unlike the situation in East Timor, which had not been removed from this list, becaming the trigger for their 1999 vote on self determination.

East Timor was a clear case of invasion in 1975, brutal suppression by a foreign power and liberation in a baptism of blood and fire in 1999. On the other hand, the West Papuan people were the victim of a brutal play of Realpolitiks during the Cold War.

After Indonesia gained their independence from the Dutch in 1949, Holland retained their territory in western New Guinea, preparing the indigenous population for independence. In 1957 Australia signed an agreement with the Netherlands to work toward the independence of the whole island of New Guinea and many Australians were involved on the ground in this preparation. [2]

In 1961 the Dutch administration formed a local parliament, including indigenous representatives and raised the West Papuan morning star flag, which flew along with the Dutch tri-colour across the territory and 1970 set as the year of independence. In this bright dawn of Papuan democracy, Australia helped to raised the hopes and expectations of the people of West Papua for freedom and self-determination.

Since 1949 Indonesia had been demanding control of the western half of New Guinea, even though it was, like the eastern half of the island, an ancient Papuan land. The Indonesian response was now to begin invading and a full-blown war with Indonesia appeared imminent, in which Australia would have fought along-side Papuans trained by the Dutch to defend their island homeland.

Wishing to avoid being drawn into a war with Indonesia, the United States intervened and told the Dutch to get out, Australia to butt out and gave the green light for Indonesia to take over half of New Guinea, as the new colonial master. This was deeply humiliating for the Netherlands and also Australia and brought into question the true independence of Australian foreign policy.

In this play of Realpolitiks, West Papuan lives, land and resources were used by Washington to buy a nominally pro-Western alliance with Indonesia and also access to Indonesian and Papuan resources. This action was nothing short of a slave trade and theft of land and property on an unimaginable scale.

The West Papuan morning star flag, which first officially flew in New Guinea in 1961, when Australia was working on the ground with the Dutch toward the independence of the whole island of New Guinea.

 

Indonesia became the new colonial power in New Guinea in 1963 and the atrocities began, with as many as 400,000 Papuans being killed in an ongoing genocide, which has pushed the Papuan aside to make way for Indonesian occupation and immigration. When a vote for self-determination was held in 1969, the United Nations allowed Indonesia to run it completely and even the UN observers on the ground only witnessed 20 percent of the vote.

Could it be called a vote, when 1025 selected men were lectured under the shadow of guns, before being invited to step over a line drawn in the dirt? An armed rebellion was going in in West Papua at the time. Wishing to avoid the prospect of war with Indonesia, most nations voted to allow West Papua to be incorporated into Indonesia and be removed from the list of colonial territories. A few newly independent African nations objected.

Would the United Nations get away with such a vote today. Such a bizarre process would not have been accepted in East Timor in 1999.

If the West Papuan people deserve natural justice, then they have a right to a genuine vote on self-determination. If Indonesia wishes to hold its head high as a truly democratic nation, then they will agree to this happening. If Australia wishes to regain honour with West Papua, then we will support the rights of the West Papuan people to self determination, just as we did the East Timorese and the Papuans of eastern New Guinea.

Sadly, all Australians have blood on our hands when it comes to West Papua, because we did not stand and demand justice, but went along with a brutal theft, slave trade and on-going atrocity Just across our northern border, many West Papuans have been shot on sight for raising the morning star flag, or sent to jail for 20 years.

Filep Karma was jailed for 15 years in 2004 for raising the West Papuan flag and when recently offered remission by the Indonesian Government, refused to accept this, saying, “he preferred to serve out his normal sentence and demanded the Indonesian Government to apologise to the Papuan people for all the atrocities it has caused.” [3]

For decades West Papuan supporters around the World have raised the question of the West Papuan right to self-determination and the voice of the indigenous Maori was added to this throng at the recent Pacific Island Forum being held in New Zealand, when the leader of the Mana Party, Hone Harawira, raised the West Papuan issue with Ban Ki-moon, declaring:

“Can I please ask that you support peaceful dialogue between the Indigenous People of West Papua and Indonesia, to put an end to the killings there and to find a strategy to get Indonesia out of a land that isn’t theirs.” [4]

1. United Nations 7 September 2011 (full transcript included below)
http://www.un.org/apps/sg/offthecuff.asp?nid=1929

2. p. 882, ‘Current Notes on International Affairs – November 1957’,
Department of External Affairs, Canberra

3. Engage Media 29 August 2011
http://www.engagemedia.org/Members/numbaymedia/videos/Papuan%20Political%20Prisoners.mp4video.mp4/view

4. 3 News 8 September 2011

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AHRC: PAPUA: Medical workers criminally charged for protests over their income

August 30, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-150-2011

30 August 2011
———————————————————————
INDONESIA: Medical workers criminally charged for protests over their income

ISSUES: Freedom of Expression, Fabrication of Charges, Labour Rights
——————————————————————–
Dear friends,

AHRC-UAC-150-2011-01.jpgThe Jayapura regional police in West Papua have charged eight medical workers with incitement and objectionable acts following their peaceful protest against regulation 141/2010 by the provincial governor. The regulation deprives the Jayapura hospital’s medical workers of certain payments. An earlier request to meet and discuss the situation was ignored by the governor. Moreover, the medical workers were reported to the Jayapura regional police for violating criminal law with their protest. The AHRC sees the fabrication of these charges as a violation of the workers freedom of expression. Peaceful protesters have frequently been criminally charged for incitement or disobedience in West Papua and other parts of Indonesia. (photo: workers in front of the house of representatives in Papua, source: ALDP)

CASE NARRATIVE:

The AHRC has received information from KontraS, the Commission for the Disappeared and Victims of Violence, regarding the fabrication of charges against workers who had conducted a peaceful protest. The medical workers serving in the Jayapura District Hospital have been receiving an incentive bonus since 2005. In 2010, the governor of Papua decided to alter this incentive.

When news reached them of the possible change the workers feared that they would lose this payment and made requests for a meeting with the governor which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue take place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital.

AHRC-UAC-150-2011-02.jpgThis meeting resulted in an agreement regarding the amount of the incentive payment. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, in an abrupt about face, on 30 December 2010, the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. (photo: workers at the regional police correctional facility, source: ALDP)

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

AHRC-UAC-150-03-2011.jpgOn 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients. (photo: workers receive letter regarding leave on bail from a lawyer, source: ALDP)

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

The AHRC is concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest. Criminal charges against peaceful protesters have increased in Papua and West Papua in recent years and several political protesters were convicted with prison sentences.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to drop the charges against the eight medical workers of the Jayapura hospital.

Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for strong interventions.

SAMPLE LETTER:

Dear _____,

INDONESIA: Medical workers criminally charged for protests over their wages

Name of the victim: Leni Ebe, Popi Mauri, Stevi Siahaya, Luthrinu, Siska Mandosir, Yolanda Inauri, Dolita Ataruri, Imbenay
Alleged perpetrator: Papua regional police
Time of incident: 12-15 March 2011
Place of incident: Papua regional police headquarter

I am writing to express my serious concern over the charges of incitement and objectionable acts against Leni Ebe, Popi Mauri and several others.

According to reports from KontraS, the Commission for the Disappeared and Victims of Violence, the medical workers serving in the Jayapura District Hospital have been criminally charged for their participation in a peaceful protest against a new regulation of the governor of Papua depriving them of some payments.

Fearing that they would lose this payment when news reached them of the possible change the workers made requests for a meeting with the governor, which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue took place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital. This meeting resulted in an agreement regarding the amount of the incentive. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, on 30 December 2010, in an abrupt about face the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. The reasoning given for this new resolution was that the payment of the incentive would create duplication of budget.

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

On 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients.

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

I am concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest and urge you to ensure that the charges against the eight members of the medical staff be dropped. I hope that the provincial administration could show more openness to dialogue and would commit to ensure that no person will be criminally charged for participating in a peaceful protest as such charges present a violation of every person’s right to freedom of expression as enshrined in Indonesian and international law.

I am kindly urging for your intervention into this case.

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. Minister of Home Affair of Republic of Indonesia
Jl. Merdeka Utara No. 7 Jakarta 10110
INDONESIA

Tel: +62 21 3450058, 3842222
Fax : +62 21 3831193

3. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20
Komplek PTIK
South Jakarta
INDONESIA

Tel: +62 21 739 2352
Fax: +62 21 739 2317

4. Head of Indonesian Police
Markas Besar Kepolisian INDONESIA
Jl. Trunojoyo No. 3
Kebayoran Baru
Jakarta 12110
INDONESIA

Tel:+62 21 3848537, 7260306, 7218010
Fax :+62 21 7220669
Email : info@polri.go.id

5. The Head of House of Representative of Papua
(Ketua Dewan Perwakilan Rakyat Papua)
Jl. Dr. Sam Ratulangi No.2
Jayapura, Papua
INDONESIA

Tel: +62 967 533580
Fax:: +62 967 533691

6. Barnabas Suebu
The Governor of Papua
Jl. Soa Siu Dok
Jayapura, Papua
INDONESIA

Tel: +62 967 537523
Fax: +62 967 531847, 531853

7. Head of Police Area Headquarters Jayapura, Papua province
Polda Papua
Jl. Samratulangi No. 8 Jayapura
INDONESIA

Tel: + 62 967 531014
Fax: +62 967 533763

8. 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

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-150-2011
Countries :
Issues :
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Seven months and 16 days for Dance Yenu

JUBI, 24 August 2011

Dance Yanu has been sentenced to seven months and 16 days by a judge at the Manokwari court after being found guilty of makar (subversion).

Reporting the verdict, one of the defence lawyers, Simon Riziard Banundi, said that they were not convinced about the court’s verdict.  ‘We members of the defence team cannot accept the verdict passed by the judges.  There is every reason to doubt their decision.’

Banundi said that his client should be released because the court failed to prove that he was guilty of makar (Rebellion or Subversion charges). The defendant’s colleague Melkianus Bleskadit has been found guilty of makar.

In a previous hearing at the court, the prosecutor asked for a sentence of five years. Dance Yenu was arrested together with Melkianus Bleskadit as they were unfurling a flag on the anniversary of Melanesian independence day on 14 December 2010.

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https://westpapuamedia.info/2011/04/05/charges-against-two-papuan-defendants-at-variance-with-other-court-documents-also-statement-by-warinussy/

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Supporting Accountability, Not Separatism, in Indonesia

Elaine Pearson

Deputy Asia Director, Human Rights Watch

http://www.huffingtonpost.com/elaine-pearson/supporting-accountability_b_932075.html

What do US Senator Dianne Feinstein, Senator Patrick Leahy, and Archbishop Desmond Tutu have in common? Their names appear among 248 foreign politicians, government officials, academics and journalists the Indonesian military views as “supporters of Papuan separatists.”

The list appears among 500 pages of Indonesian military documents, which recently came to light, that provide an insider view of the military’s surveillance operations in Papua. the country’s easternmost province.

Most of the documents concern the activities of Indonesia’s Special Forces, or Kopassus. The US should be paying close attention since a year ago it restored full military ties with Kopassus, which had been suspended for years because of the force’s notorious human rights record.

Officially, Kopassus operates in Papua to monitor and suppress the Papuan separatist movement, the Free Papua Movement (Organisasi Papua Merdeka, or OPM), which has been engaged in an armed struggle against the Indonesian government since the 1960s. The documents show, however, that the focus of Indonesian military operations in Papua goes far beyond the roughly 1,000 poorly armed rebels and includes a broad swathe of Papuan political, traditional, and religious leaders, and civil society groups who are spied on by a vast network of Papuan informants.

The documents show that the military believes it has more to fear from peaceful “political separatist” activity than from armed separatists. A 2007 Kopassus report states, “Current political activity in Papua is very dangerous compared to the activities of Papuan armed groups because their access already reaches abroad.”

The problem, as the documents make clear, is that pretty much anyone who challenges authority is automatically deemed a separatist. A couple of years ago I met a Papuan family from Jayapura, the provincial capital, who were pro-Indonesia. They told me how their son had taken a romantic stroll on a nearby beach with his girlfriend when they were set upon by eight naval officers, who beat him up and forced the pair to engage in humiliating sexual acts. The family tried to complain to the police and to the naval base to no avail. The youth’s cousin told me, “I am a Papuan woman and an Indonesian citizen. We are not separatists, but whenever anyone tries to stand up for their rights, they are called separatists – that’s how they silence us.”

The reports indicate that Kopassus believes nongovernmental organizations primarily work to discredit the Indonesian government and the armed forces by using the “human rights issue” to garner international condemnation of Indonesia’s military presence in Papua and to promote Papuan independence.

Human Rights Watch has long documented violations by Indonesian security forces in Papua. For years, the military denied the reports of human rights violations in Papua, even when faced with overwhelming evidence. This lack of accountability gives security forces a green light to commit abuses against the local population. However, the recent growth in cell phone video is making it more difficult to deny abuses.

Last year, a film uploaded to YouTube showed soldiers brutally torturing two farmers in Papua, kicking them, threatening one with a knife to his face, and repeatedly jabbing the other in the genitals with burning wood. A prolonged international outcry finally forced the military to take action. In the end, three soldiers got light sentences for “disobeying orders” rather than torture. It is unclear whether the military has discharged any of them. Two months earlier, soldiers from the same battalion shot and killed Rev. Kinderman Gire on the suspicion he was a separatist. At the trial, the defendants claimed Gire led them to believe he was a member of OPM and tried to grab a rifle from one of them, who then shot him in the chest. They dumped the body in a river, after trying to cut off his head. Last week a military tribunal convicted three soldiers, again only for “disobeying orders,” and sentenced them to six, seven and fifteen months in prison.

Indonesia’s military has heralded such light sentences for torture and killing as “appropriate.” Perhaps this is not surprising given a US Defense Department official characterized the prosecution of the video torture case as “progress.”

Last year, when resuming full military ties, then-US Defense Secretary Robert Gates described how Indonesia’s defense minister “publicly pledged to protect human rights and advance human rights accountability and committed to suspend from active duty military officials credibly accused of human rights abuses, remove from military service any member convicted of such abuses, and cooperate with the prosecution of any members of the military who have violated human rights.”

The revelations in the military documents don’t appear to have changed any thinking inside the Indonesian armed forces. Responding to recent articles about the documents, an Indonesian military spokesman told the Jakarta Post: “There is no such thing as a repressive or militant approach. What we do is always a welfare approach, where we help Papuans have better lives.”

And the old pattern of military denials continues. Where individual cases garner international attention, the Indonesian military has understood that all it needs to do to continue receiving US military funding is to slap soldiers on the wrist for “disobeying orders” rather than prosecute them for serious crimes. The US has conveyed multiple messages of disappointment to the Indonesian government and military on individual cases such as the video torture trial. But US unwillingness to impose significant consequences, such as suspending new military cooperation, tells the Indonesians and others that the US doesn’t insist on sticking to its standards.

The US should call on the Indonesian government to fully disclose all military tribunal cases involving alleged abuses against civilians, including prosecutions for “disobeying orders,” and provide transcripts to the public. Until the Indonesian government re-examines these cases, in line with the US Leahy law, which prevents the US from cooperating with abusive military units, the US government should not participate in joint endeavors with military personnel or units working in Papua. The US should also call on Indonesia’s military to stop viewing peaceful political activists as threats to national security and stop spying on them.

Both the US and Indonesia should recognize that people like Senator Leahy, who are named in the Papua military documents, were not seeking to challenge Indonesian sovereignty, but simply to defend the international standards for accountability that the Indonesian military is undermining.

Elaine Pearson is the deputy Asia director at Human Rights Watch. Follow Elaine Pearson onTwitter.

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