Andreas Harsono: Is Repression Against KNPB Legal?

January 4, 2013

by OKTOVIANUS POGAU of SuaraPapua.Com

https://i0.wp.com/suarapapua.com/wp-content/uploads/2013/01/HARSONO-ANDREAS.jpg
ANDREAS HARSONO, Indonesia Consultant for Human Rights Watch. (FOTO: RIDHA/SuaraPapua)

SUARAPAPUA, Jakarta –  Human Rights Watch (HRW) consultant  for Indonesia, Andreas Harsono, questioned the actions of the Indonesian security forces whose shootings led to the death of 22 members of the West Papua National Committee (KNPB) during the year 2012; 55 people were arrested, and hundreds of others were injured.

‘Given that 22 KNPB members died from shootings, dozens were arrested and unknown hundreds were injured, there has been no transparent judicial process, and no internal mechanism to question police procedures in Papua, we have to raise the question of whether this repression of the KNPB is legal?’.

The statement was re-affirmed by Andreas, when interviewed by suarapapua.com on Thursday 3rd Jan 2013).   According to Harsono , the police may justify their actions by incriminating KNPB members in violence, attacks on transmigrant settlers and security forces, but they still need to make their case transparent.

“The problem for police is working with transparency – can the police show this? At the same time, the KNPB needs to carry out an internal investigation in response to police accusations of involvement in violence’, he said.

Harsono also hopes that the organisation led by Victor Yeimo will quickly announce the outcome of the investigation, along with decisions to dismiss KNPB members found to be involved in acts of violence. As previously quoted, the KNPB head Victor Yeimo has stated that 22 KNPB members were killed in 2012 by Indonesian forces, 55 arrested and many among them are currently listed on the police wanted list.

(Translated by West Papua Media translators)

 

Baptist leader calls for unconditional release of Forkorus

Bintang Papua
11 December 2012
The Indonesian government has been urged to free all political prisoners in Papua, including Forkorus Yaboisembut and Filep Karma. On the occasion of World Human Rights Day,  the human rights defender Socrates Sofyan Yoman spoke about the activities throughout 2012 of organisations such Polri (the police force), the TNI (the Indonesian military) and vicious armed civilian groups. He said 90  incidents of violence had been committed by these groups in all parts of Papua during the year so far.’As we celebrate Human Rights Day,’ he said, ‘we defenders  of human rights urge the Indonesian government to take the following actions:

‘Firstly, in accordance with its constitutional responsibility to safeguard its citizens, the government should acknowledge that the way it treats prisoners, convicts and the citizens in general is brutal, inhumane and demeaning. This includes the way it treats Papuan civil society and Papuan political prisoners. Such activities  should be prohibited, along with all practices that violate the law. Torture must be clearly identified  and criminalised. This would be seen as a concrete sign of Indonesia’s commitment to the International Covnention Against Torture which it officially ratified  by enactment of Law 5/1998

Secondly, the government should agree to adopt a policy that recognises Papuan citizens as victims. In those cases where legal processes have been resorted to, rehabilitation not imprisonment should be the method  chosen. The government should also adopt measures to  inform the general public about the many civilian victims in Papua.

His next point was to ensure that whenever the law on treason is used in a court of law, this should be non-discriminatory and concrete action should be taken to put an end to all criminal activities by the security forces, including judges, public prosecutors and all those people who are in charge of the prisons.

Furthermore,  the rights of all Papuan political prisoners must be safeguarded, including ending all illegal detentions. In cases where confessions were made under duress and without the presence of legal counsel, they should not be accepted as evidence in a court.of law.

The government should create mechanisms for people to be able to initiate charges. Such mechanisms should be available everywhere and in all places of detention and imprisonment.And in cases where charges are brought by detainees, this must be followed through by independent investigations by law-enforcement institutions as well as the National Human Rights Commission.

His next point  was to urge the National Human Rights Commision, the National Commission to End Violence Against Women and the Ombudsman  of the Indonesian Republic, to establish a mechanism  for a fully independent National Protection Unit to visit all places of detention, especially places of detention where persons charged with treason (/makar/) or other political prisoners  are being held as part of the state’s responsibility to act in accordance with the Anti-Violence Optional Convention.

The seventh point was to press the Indonesian government to enter in peaceful dialogue on the problem of Papua, mediated by a third party, one of the aims of which would to end torture and other forms of violence throughout the Land of Papua.

The eighth point was to press the Indonesian government to invite  the UN Special Rapporteur against Torture and Arbitrary Detentions to visit Papua.

The ninth point was to press the Indonesian government  to allow foreign journalists to visit Papua.

The tenth point was that the Indonesian government should accept responsibility for incidents of gross violations of human rights such as the incident in Abepura on 7 December 2000, the Wasior 2001 incident, the Wamena  2003 inicident and other incidents that have already been investigated by the  National Human Rights Commission, and to ensure that  the results of these investigations  are considered at the human rights court and dealt with in accordance with the principles of justice.

With regard to the role of the churches in Papua, it should be acknowledged that their main mission  has been paralysed by the state and governmental system in Indonesia.

Moreover, its prophetic voice is hardly ever heard in Papua, particularly since Papua was integrated into the Indonesian republic by military means and this the integration was preceded by the bloody events surrounding the Act of Free Choice, which continue to the present day.

‘The churches have forgotten or refused to recognise that Christianity arrived in Papua three centuries ago, on 5 February 1855.’

These thoughts were expressed by Socrates Sofyan Yoman during his opening address of the Congress of the Alliance of Baptist Churches in Papua at the Baptist Church in Wamena in October 2012.

He pointed out that his church  has supported the Papuan people with education, religious belief, healthcare and in the economic sphere, and has helped to improve access to the most remote areas by establishing small airfields which cater for small aircraft, with alll the risks this involves.

The church’s  missionaries live in close proximity with the Papuan people and help to foster the dignity of the Papuan people.in sharp contrast to what Indonesia has done since Papua’s integration, when it became a colonial power, a fact that is rarely criticised by the churches.

As a church leader, Yoman said that he not only studies the Bible but also learns from the history of Papua.  He has learned a great deal from this history, in particular the many untruths that have been told.  It is the role of the churches to insist on correcting these untruths, he said

Until now the churches talk about  ‘peace and well being’ but God’s people are continually  stigmatised as treasonous and accused of being part of the OPM.

As a church leader, he rejects all these allegations  and believes that Christians  must reflect of God’s will, as is stated in Genesis 1:26.  For all these reasons, he said in conclusion:

‘I will continue to speak out and will do everything I possibly can to share in the sufferings of God’s people. There is no future for Papua if it continue to remain a part of Indonesia. Papuans cannot live normal lives The churches must speak out about this and integrate themselves with those people whose very identity has been destroyed. It must speak out about  justice, equality  and the freedom  of all humankind regardless of race, ethnicity, culture or religion.

[Translated by TAPOL]

 

Papuan human rights activist calls on Komnas HAM chairman to resign

Bintang Papua
5 December 2012
Jayapura: The  pro-independence human rights activist. Sebby Sambom, in a statement published in Bintang Papua, called on the chairman of Komnas HAM, the National Human Rights Commission, Oto Nur Abdullah to resignThis came in response to a statement by Nur Abdullah which, according to Sebby Sambom, appeared to legitimise military operations in Papua.

‘In response to the comment by the chairman of the Komnas HAM, as published  in the mass media on 28 November with regard to military sweepings in the district of Lanny Jaya , we pro-independence activists call on the chairman of Komnas HAM to resign.’

Sambom said that the statement appeared to legitimise the military operations being waged by  the Indonesian military, either directly or indirectly, against the indigenous Papuan people in Pitriver and the highlands region of central Papua.

According to Sebby Sambom and his colleagues, the statement made by the Komnas HAM chairman was dangerous and would  be detrimental to the indigenous people in Papua.

This is why, he said, we make the following demand. ‘The chairman of Komnas HAM should clarify the statement he made  that the events in Lanny Jaya cannot be described as human rights violations.’

He said that the statement fails to take account of international humanitarian law.

He went on to say that  if the chairman of Komnas HAM fails to resign, Komnas HAM should issue an official statement calling on TNI/Polri, the Indonesian army and police, to end their military activities and withdraw from the highlands in central Papua.

‘It is a great pity that the chairman of Komnas HAM fails to understand that  there are regulations regarding the waging of war and he fails to appreciate that his statement could be used as a ‘weapon’ by the security forces. We greatly regret this,’  said Sambom

[Translated by TAPOL]

Giay: West Papua – Land of Mourning, Bloodshed (Peace?) and Humanitarian Intervention

From Kingmi Church  – Papua

edited by WPM for clarity

Also at Numbay Media — posted on Engage Media website

June 28, 2012

Rev. Benny Giay
Diplomatic Briefing, Hotel Trefa
Jakarta, June 27, 2012

Papua Land of Mourning And Bloodshed (Peace????) And Humanitarian Intervention[1]

Rev. Benny Giay

Since May 2012 until June there has been a series of shootings in Jayapura in the context of our struggle to fulfill our “Papua land of peace” dream. The government has claimed the shooting has been carried out by separatist groups. Papuans respond to such claim is as usual: “Oh itu lagu lama. The authorities are playing the old song.”

One way to respond to that “old song” is to look at the root cause of shootings that ended with the killing of Mako Tabuni on 14 June, followed by the arrest of other members of KNPB in Papua a few days ago. In my view this development has something to do with (a) first of all how 2 different actors (Indonesia and Papua) that belong two {separate} cultures (Malay and Melanesia) view themselves and their past. Indonesia’s view is that Papua has become part of Indonesia and has been in contact since 8th century with them. Therefore Papuans are brothers.

Papuans on the other hand believe that it might be true that Papuans has been dealing with the ancestors of the rest Indonesians for several centuries, but that contact occurred in context of domination, slave trade and oppression. The contact between the two parties was one of master – slave  relations. Therefore, Papuans see their past relations with Indonesia (Tidore, Ternate and Maluku etc.) as history of robbery, slavery, destruction of their villages and burning of Papuan community settlements.

Secondly since 1960s when Indonesia took over Papua,  Papuans were viewed {By Indonesians} (and have been viewed until now) as primitives, backward, uncivilized people; and therefore Jakarta since that time promoted itself as the guru, the teacher of new civilization to “lift up socio-economic welfare of Papuans”. Jakarta then formulated what an Indonesian scholar call: migrant biased development policy (which in brief is a policy made by central government to guarantee the interest, safety and future of Indonesian migrants in Papua, while ignoring Papuan identity, culture and their future.) Papuans have no place in such a development scheme. Papuans are non humans. Second class citizens. This Indonesian neo-colonial policy (if we can use that term) was from the beginning up to now has been guarded by security institutions. Papuans who resisted this undemocratic policy has been dealt with by security forces.

Thirdly, as a result Papua has become “site of mourning”, “site of collective trauma”, and a site of oppression and mourning”. Three days of mourning that we had (June 14-16) as we gathered in Post 7 Sentani after the killing of Mako Tabuni, was not a new thing.  We only repeat what our past generation went through since 1960s. Facing such migrant biased development (or Indonesian colonial policy) as shown above, we, Papuans since 1960s are like the Javanese of 1900s Central Java, who were treated as second class citizens by the Dutch (as Indonesian history books say today); or Black South Africans of 1940s who suffered under apartheid policy. In fact this “migrant biased development policy” I think is “an Indonesian version of apartheid racial policy” toward Papuans. Theologically speaking Papuans of today and in the past have  been living under modern Pharaoh or modern Goliath, supported by the international community and multinational companies who had come to Papua and robbed the natural resources, killing off the Papuans.

Fourthly, the killing of Mako Tabuni by Indonesian Police has to be seen in the light of history of Papuan resistance to Jakarta’s migrant development policy pointed out above. Mako Tabuni and other civilians who voiced their right and grievances have been and are stigmatized as separatist. Mako, who was leading a civilian {civil society} group using peaceful means in demanding Referendum, has been seen as a threat to Indonesian political interest. This strategy to stigmatize was used by Erfi Triassunu, former Military Chief, in March 2011. He issued a confidential document saying that Papuan Christian Church (Kingmi – of which I am the Chairman of its Synod) is a religious arm of the Papuan Liberation organization (OPM). Other Church leaders of Papua in September 1966 were accused by security forces in Papua as an umbrella organization of OPM. Similarly Papuan NGOs who {promote advocacy around} human right abuses in the past have been seen in the same light.

The question now is who is behind the shootings that started May? According to Government it is Mako of KNPB, and Mako or KNPB is OPM. I can see the shootings from the point of view 3 actors, each of with their agendas.  First party is Mako or KNPB who represent Papua demanding referendum to deal with new modern Pharaoh. Second actor is a small and insignificant group of international solidarity group with agenda for democracy and promotion Papuan human right. Third actor is Jakarta: who fears the threat of disintegration and panic; not willing to change the approach to Papua; hold on to the sacred doctrine “territorial integrity” with the support of international community”. And that it is OK to use military or Police force to kill or annihilate separatist group to maintain “the territorial integrity”. Looking at the history of civilian’s resistance the shooting since May of this year was carried out by agents of Government to weaken the civilians struggle for referendum using means of non violence. Jakarta’s fear that is the international solidarity groups would promote the cause of Papuan civilians at the international niveau (level).

Jakarta is now on safer ground. They have has shot dead Mako Tabuni whom they accused as OPM agent. But the dream for “Papua: Land of Peace” remains a dream. Police and military are still searching for the members of KNPB. Military and Police are in control. Papua is still a land of mourning, a land of trauma and bloodshed. Modern Pharaohs and Goliath are in control in Papua today.  It is here that we need “third party” as it is in the case of Israelites and Pharaoh (Exodus 3:7-9). Papua need a moratorium”. Now is the time for Papua and Jakarta to formulate “new Indonesia”. But to do this we need a “humanitarian intervention”.

Toch, perpetrators of Human right violations in Papua will never be taken to court. They in fact will be promoted. Paulus Waterpauw (Deputy Police Chief of Papua) and Bigman Lumban Tobing (Papua Police Chief) will follow the footsteps of Col. Hartomo, the Kopassus commander who ordered the abduction and the killing of the late Theys Hiyo Eluay in November 2001; he was promoted last week as another high ranking military elite in Jakarta.

Jakarta, June 27, 2012

Rev. Benny Giay

Ketua Synode Kingmi di Tanah Papua

(Papuan Christian Church)


[1] I am dedicating this reflection to pastors and the ministers of the Lord, in Papuan Church History who were shot dead by Indonesian Security Officers in the past out allegation that they were agents of Papua Liberation Organization.

Law student says that Papuans don’t feel safe anywhere

JUBI, 21 June, 2012

A Papuan who is currently studying law in Jayapura said that because of all the vertical and horizontal (conflict) problems, the Papuan people cannot feel safe anywhere in their homeland which is now under Indonesian control.Sani Dominggus said : There is nowhere here where Papuans can feel safe, whether they are intellectuals or wealthy people, they are always regarded with suspicion.’

He said that the fact is that the security forces in Papua always treat Papuan people without the slightest sense of humanity and always handle them with the use of their firearms. ‘None of the personnel of the security forces behave towards Papuan people along ethical lines. All they do is shoot people.’

He said that this system of extreme repression has resulted in Papuan people never feeling safe. ‘How do they think we can live like this? Even when I just want to go for  a walk,  I dont feel that it is safe to do so There is always the feeling of being under threat.’

A clear example of this is that Mako Tabuni was unaccountably shot by the police. ‘How can the police say that he resisted the police? There were no plans to hold a demonstration, so why was he shot?’

‘If Mako Tabuni was regarded as a threat to the Indonesian state, the government should have used legal procedures. This would mean that he is sent a summons, then a second summons, and then a third one.But none of this happened. This means that when the police shot him dead, this was a gross violation.  of human rights.’

He went on to say that the arrest of Buchtar Tabuni did not occurr in conformity with legal procedures. The way the police behave has nothing to do with ethics, all they know is how act with brutality.towards everything that happens in Papua.’

He said that this will never help to solve the Papuan problem. ‘Everything that the government does only reinforces the independence aspirations of the Papuan people.’

‘The murder of Mako will only result in the emergence of more Makos,’ he said. He also said that the government should be putting into  practice the provisions of the Law on Special Autonomy for Papua such as for instance Article 2 which provides for regional symbols and for the existence of local political parties.’

[Translated by TAPOL]

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