Reportage of Obama and Gillard discussions on Papua at ASEAN, Bali

FYI -Media information only

Note: these items contain Contradictory reporting. Independent media is banned by Indonesia from attending  gatherings like ASEAN in Bali, and therefore West Papua Media cannot independently verify claims made by corporate mainstream media or US/Indo or Australian government activists as being factual and reflective of what was discussed during the summit.

1) Yudhoyono quizzes Gillard on US marines
2) Obama, Gillard assure SBY on Darwin plan, Papua
3) Indonesian president defends military in Papua
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http://www.smh.com.au/world/yudhoyono-quizzes-gillard-on-us-marines-20111119-1not3.html
1) Yudhoyono quizzes Gillard on US marines

Daniel Flitton and Tom Allard, Nusa Dua, Indonesia

November 20, 2011

INDONESIA’S President Susilo Bambang Yudhoyono quizzed Julia Gillard and Barack Obama over the new American ”base” in northern Australia but was assured that it posed no threat to Indonesia’s territorial integrity.

Dr Yudhoyono wrapped up the East Asia Summit last night and hailed the talks – which for the first time included the US and Russia along with regional giants China, India, and Japan – for tackling sensitive issues.

He told reporters last night that a joint Australia-Indonesia plan presented to the gathering for improving disaster readiness in the region had called for rapid deployment of emergency workers to save lives.

Asked if this would include a role for the 2500 US marines to be eventually stationed near Darwin, he said he would welcome the idea.

President Obama had raised the US presence in Australia during talks yesterday and said it would not unsettle the region, Dr Yudhoyono said.

Prime Minister Gillard also sought out Dr Yudhoyono to discuss the role of the American troops ahead of a formal meeting today.

”I’m happy they explained it to me personally,” the Indonesian leader said. ”On the establishment of that military base, it is not expected to change anything, it is not expected to distract or disturb neighbours … she [Ms Gillard] gave her guarantee.”

Indonesia has historically been highly sensitive to outside interference, and some Indonesian nationalists hold lingering suspicion about Australia after it led the peacekeeping mission to East Timor.

Indonesian military commander Agus Suhartono had also raised concerns that the training arrangement could result in Indonesia being dragged into a dispute involving the South China Sea.

Dr Yudhoyono said he had asked Mr Obama and Ms Gillard about their policy towards Indonesia in light of the new military arrangements and was happy to be told Australia and the US supported Indonesia’s territorial integrity.

Mr Obama also raised with Dr Yudhoyono the vexed issue of the restive region of West Papua, where there have been killings of independence activists in recent months and persistent allegations of human rights abuses by security forces.

Dr Yudhoyono said he told the US leader that Indonesian forces were conducting legitimate operations against an ”insurgency” and that Indonesian forces came under attack from separatists.

”If there are members who have violated the laws, gross violations of human rights, then they will go before the law,” he said.

”I told him personally, there is no impunity, no immunity.”

The Indonesian leader added that Mr Obama told him ”explicitly” that he respected Indonesia’s sovereignty over the territory, which was incorporated into Indonesia after a highly contested referendum in 1969 when 1025 hand-picked West Papuan delegates unanimously endorsed integration.
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http://www.thejakartapost.com/news/2011/11/20/obama-gillard-assure-sby-darwin-plan-papua.html
2) Obama, Gillard assure SBY on Darwin plan, Papua
Esther Samboh and Abdul Khalik, The Jakarta Post, Nusa Dua, Bali | Sun,

East Asian Summit (EAS) leaders wrapped up their meetings here on Saturday, with ASEAN member nations trying their best to remain united, despite conflicting interests between the US and China, both of which, in different ways, have reportedly threatened to divide the 10-member regional grouping.

There have been concerns that different stances on crucial issues, such as tensions in the South China Sea and the Trans-Pacific Partnership free trade pact, which some say have essentially divided the world into two sides — the US and China — would disrupt ASEAN’s ambitions towards forming an integrated and secure political, economic and socio-cultural community.

The US plan for a military base in Darwin, a city only 850-kilometers from Indonesia, has raised concerns from some ASEAN members, but perhaps most especially from China.

President Susilo Bambang Yudhoyono dismissed such concerns.

“Countries have economic interests or other interests — any country has its own national interests. But when we unite into a regional grouping, there are common interests,” Yudhoyono told a press briefing after the three-day ASEAN and East Asia Summit in Bali on Saturday.

“Whenever there are respective interests, we ensure that with this association we build a common interest pattern, instead of having a common platform or common interest. ASEAN could still maintain its centrality and we will play roles in the region’s cooperation.”

The planned military base in Darwin has raised fear it may spark new tension in the ASEAN territory.

Yudhoyono said Obama and Australian Prime Minister Julia Gillard have “guaranteed” there are “no intentions” to disrupt neighboring countries. “Presumption and prejudice could disintegrate us all in the region,” Gillard said.

The EAS meeting was part of US President Barack Obama’s nine-day Asia-Pacific trip, in which he has focused on bulking up America’s presence in the region, including setting up the Darwin base. The Darwin plan has been largely viewed as a hedge against the rise of China’s economic and military prowess and a guarantee to US allies in the region that if China were to use force in settling South China Sea disputes, the world’s largest economy would stand ready to help.

Four ASEAN countries — Vietnam, Malaysia, the Philippines, Brunei — have competing claims over areas in the South China Sea.

Chinese Premier Wen Jiabao reaffirmed China’s stance on the South China Sea issue but stressed the summit was not the right place to discuss such issues.

Obama held an impromptu meeting with Chinese Premier Wen on the summit’s sidelines Saturday to discuss the South China Sea and economic differences.

The US has planned to form a free trade alliance with its Pacific counterparts in the Trans-Pacific Partnership (TPP), which would exclude China but comprise four ASEAN countries (Singapore, Malaysia, Vietnam, Brunei Darussalam) as well as Japan, Australia, New Zealand, Chile and Peru.

“We are ready to join the TPP. But as President, I chose to assess matters more deeply. If it brings benefits, we would say ‘we will join the TPP’,” Yudhoyono said.

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http://www.reuters.com/article/2011/11/19/indonesia-papua-idUSL3E7MJ06W20111119
3) Indonesian president defends military in Papua

JAKARTA | Sat Nov 19, 2011 8:00am EST

Nov 19 (Reuters) – Indonesian President Susilo Bambang Yudhoyono defended on Saturday the actions of its military in remote Papua province following accusations of human rights abuses and the recent killing of three people.

Three people were killed on Oct. 19 as police and military tried to disperse a political meeting in Abepura, a sub-district of Papua, a resource-rich yet underdeveloped province with a simmering separatist insurgency and heavy military presence.

The government’s national human rights commission found strong evidence of excessive acts that led to rights violations.

Human Rights Watch and other rights groups have called on U.S. President Barack Obama to address the issue when he met Indonesian President Susilo Bambang Yudhoyono in Bali during an East Asia Summit.

But Yudhoyono said on Saturday there was accountability and military personnel who committed crimes would be investigated.

“The world must know that in Papua there are armed cells who are launching attacks at us, including at an area of a firm there,” he said, referring to a mine run by Freeport McMoRan Copper & Gold Inc where a worker was killed by gunmen on Thursday.

“When our soldiers are doing self-defense then it can’t be categorised as violating human rights.”

Yudhoyono said Papua was not specifically discussed during his meeting with Obama in Bali.

Indonesian Bishops Conference calls for Dialogue and an end to Violence in Papua

In a statement issued on  17 November 2011, the Indonesian Bishops Conference has called for an end to violence in West Papua and for dialogue. The statement reads in full as follows:Violence is still occurring in the Land of Papua despite repeated calls from various parties for the Papuan problem to be solved peacefully. The welfare of the people can only be realised in an atmosphere of peace  which makes it possible for all elements to work together peacefully. None of the many social problems in Papua can be solved with the use of violence. Violence leads to yet more violence and can only create new problems.. It is even worse  when expressions of opinion and political statements from any group in society which are made peacefully in public are met with threats of the use of firearms, with arrests, torture and killings.

We, the members of the Indonesian Bishops Conference, express our deep concern and strongly condemn the occurrence of acts of violence which show no respect for the dignity of human beings and threaten the right to life blessed by God.

Acts of violence against the Papuan people and the violation of their human rights go back a long way in history. The pain felt by the Papuan people because of their treatment is not something trivial that can be ignored or responded to with a few off-the-cuff statements. The central government should have the courage to adopt a firm attitude and  take a new approach which focuses on the interests and welfare of the Papuan people.

While expressing our concern and solidarity  for all the victims of violence, the Indonesian Bishops Conference issues the following call upon the Central Government:

*    We urge the Central Government to enter into dialogue with the Papuan community. The intentions expressed by President Susilo Bambang Yudhoyono when he first took office to solve the Papuan problem should now be put into practice. The path that should be taken is dialogue. Fine statements that have been made about ‘developing Papua with our heart’ should be put into practice with dialogue. With generosity of the heart and free from stigmatisation, the government should listen to calls from the Papuan people and what they have to say about their many sufferings since their integration into the Republic of Indonesia.

*    In order to enter into constructive dialogue with all the Papuan people, we urge the Government to facilitate meetings with various elements of Papuan society, the regional governments and the MRP (Majelis Rakyat Papua), in order to respond to their hopes regarding the method and content of dialogue

*    All groups which are struggling for Papua’s independence, whether they are called the OPM or groups with other names, including those at home and abroad, must be given the primary place in this dialogue. In order to guarantee that a dignified dialogue takes place in which there is mutual respect between the two sides, a third, trustworthy party should be brought in as the mediator.

*    In view of the many human rights violations that have been experienced by the Papuan people, the government must restore justice, apologise and restore the rights of the  Papuan people.

*    The law on Special Autonomy was intended to provide protection and special facilities for the Papuan in order to improve their living conditions.Many things provided for in the special autonomy law  have not yet materialised.  A huge amount of money is now circulating in Papua and the influx of migrants from outside Papua has been speeded up. In many sectors, the  Papuan people are being pushed out by these newcomers. We urge the central and regional governments to review the population situation and pay special attention to preparing the Papuan people be able to get the available jobs.

*    Far too many security forces of many different types have been deployed in the Land of  Papua. They have nothing positive to do in a way that would benefit  local community. The attitudes they take as well as the things they do all too often make them enemies of the community, not a force to safeguard the security and the sense of tranquillity of the community. We urge the government to reduce the number of TNI (soldiers) in  Papua and replace them with people of maturity who can become part of the local community, a force for the protection of the local community which can guarantee tranquillity for the people.

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We, the members of the Indonesian Bishops Conference, hope that the government will pay attention to what we have  proposed. and we express our support for all the religious leaders and all those who are struggling for the realisation of a Peaceful Land of Papua.

Jakarta, 17 November, 2011

INDONESIAN BISHOPS CONFERENCE

Mgr Martinus D.Situmorang,OFM                                                                                   Mgr Johannes Pujasumarta
Chairman                                                                                                                          Secretary-General

[Translated into English by TAPOL]

UN Declares Indonesia’s Detention Of Filep Karma A Violation Of International Law, Calls For Immediate Release

In response to a petition filed by Freedom Now and Hogan Lovells LLP, the United Nations Working Group on Arbitrary Detention has issued its opinion that the Government of Indonesia is in violation of international law by detaining Filep Karma. The Working Group calls on the Government of Indonesia to immediately release the human rights advocate.

Mr. Karma is a prominent Papuan human rights advocate and former civil servant arrested on December 1, 2004 for raising the Papuan Morning Star flag at a political rally in commemoration of Papuan independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was convicted for crimes of hostility against the state and sedition in a trial that fell far below international standards of due process. He now languishes in prison serving a fifteen-year sentence, despite health concerns and calls for his release by numerous NGOs and government officials. In August, 2011, 26 members of the U.S. Congress urged President Yudhoyono to release Mr. Karma. Forty members of Congress signed a similar letter in 2008. This week, President Obama will be in Indonesia attending the 2011 ASEAN Summit—which takes place November 17-19 in Bali—where many hope such human rights discussions will take place.

Freedom Now Executive Director Maran Turner stated: “The United Nations Working Group on Arbitrary Detention has found Indonesia’s actions a clear violation of international law. Mr. Karma is a nonviolent advocate who was arrested for his views and convicted in a trial marred by judicial bias, denial of appeal without reason, and intimidation tactics. I urge President Obama to raise Filep Karma’s case with President Yudhoyono and to call for Indonesia’s compliance with the UN opinion by releasing Filep Karma.”

The United Nations Working Group determined that Mr. Karma’s arrest was due to his exercise of the fundamental rights of freedom of expression, peaceful assembly, and association. According to the UN, provisions used to convict and detain Mr. Karma—including declaring “feelings of hate”—were “drafted in such general and vague terms that they can be used arbitrarily to restrict the freedoms of opinion, expression, assembly and association.” Such a detention violates the International Covenant on Civil and Political Rights, a multi-party treaty by which Indonesia is bound, as well as the Universal Declaration of Human Rights. The Working Group also censured the Government of Indonesia for violating Mr. Karma’s right to a fair trial.

The opinion concluded by calling the Government’s attention to broader human rights violations in Indonesia, for which Filep Karma’s situation is emblematic, stating, “The Working Group will remind The Republic of Indonesia of its duties to comply with international human rights obligations not to detain arbitrarily, to release persons who are arbitrarily detained, and to provide compensation to them.”

Freedom Now, a non-profit, non-partisan organization that works to free prisoners of conscience, and Hogan Lovells LLP, an international law firm, welcome the UN’s decision. They call on the Indonesian government to uphold its commitments under international law and immediately release Mr. Karma.

Source: Freedom Now

AI – Government must act on Komnas HAM’s findings of human rights violations at Papuan Congress

AMNESTY INTERNATIONAL  PUBLIC STATEMENT

8 November 2011

The Indonesian government must immediately act on the Indonesian National Human Rights Commission’s (Komnas HAM) findings that human rights violations were committed by Indonesian security forces at the Third Papuan Peoples’ Congress on 19 October 2011.

The Komnas HAM investigation team found a range of human rights violations allegedly committed by the Indonesian security forces, including opening fire on participants of the peaceful gathering and beating and kicking them. The Commission, which made its findings public on 4 November 2011, has called on the Indonesian National Police chief to investigate these human rights violations.

It was reported on 7 November that the President’s office had rejected the findings of Komnas HAM, stating that the police were still handling the case.

The Indonesian authorities must initiate an independent, thorough and effective investigation into the Commission’s findings. If the investigations find that the security forces committed unlawful killings or torture or other ill-treatment, then those responsible, including persons with command responsibility, must be prosecuted in proceedings which meet international standards of fairness, and victims provided with reparations.

The failure to bring perpetrators of these violations to justice in fair trials will reinforce the perception that the security forces in Papua operate above the law and fuel the ongoing climate of mistrust towards the security forces there.

On the afternoon of 19 October 2011, police and military units violently dispersed participants of the Third Papuan People’s Congress, a peaceful gathering held in Abepura, Papua province. The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were found near the Congress area. An estimated 300 participants were arbitrarily arrested at the end of the Congress. Most were released the following day but six have been charged. Five people were charged for “rebellion” and “incitement” under Articles 106, 110 and 160 of the Criminal Code, while one was charged for “possession of weapons” under Emergency Law No. 12/1951.

According to Komnas HAM, the three people who were found dead had gunshot wounds on their bodies. The Commission was not able to confirm whether they were killed by the police or military, and have called for police forensics investigators to examine the bullets. Komnas HAM also found that at least 96 participants had been shot, kicked or beaten by police officers.

Komnas HAM further reported that security forces had raided a Catholic monastery and seminary. They shot at the building and broke the windows when the monks refused to hand over alleged separatists to the police. Many Papuans are now afraid to leave their homes because of the continued security checks and raids. The Commission also raised concerns that security forces had confiscated mobile phones, laptop computers, printers, cameras, cars, motorcycles and millions of rupiah in cash, and called for these items to be returned to the owners.

The Commission stated, contrary to statements by the Indonesian authorities that the Congress was illegal, that the Indonesian Minister of Law, Politics and Security had in fact directed the Director General of Regional Autonomy at the Home Affairs Ministry, to attend the Congress and give the opening speech.

The Commission made a series of recommendations including calling on President Susilo Bambang Yudhoyono to accelerate the dialogue with the Papuan people and to evaluate the deployment of a large security presence in the area.

The Komnas HAM investigation indicates that security forces appear to have violated the rights to life and to freedom from torture and other ill-treatment, both of which are non-derogable under the International Covenant for Civil and Political Rights (ICCPR), to which Indonesia is a state party.

By using unnecessary and excessive force and firearms against the participants, the Indonesian security forces have also violated the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Indonesia has also ratified. Moreover, the right of all people in Indonesia to be free from torture and other ill-treatment is guaranteed in the Indonesian Constitution and the 1999 Law on Human Rights.

The actions of the security forces also appear to contravene the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials which provide, among other things, that force should be used only as a last resort, in proportion to the threat posed, and should be designed to minimize damage or injury.

NZ NGO statement on the violence around the Third Papuan People’s Congress in West Papua


Below is a statement from New Zealand human rights, development and peace organisations about the use excessive use of force and human rights violations perpetrated by Indonesian police and military personnel breaking up the Third Papuan People’s Congress in Jayapura, West Papua, on 19 October 2011.
 

The statement by Father Dr Neles Tebay, Rector of Fajar Timur School of Philosophy and Theology, and Father Gabriel Ngga OFM, Provincial of the Franciscan Order in Papua (referred to in the NZ NGO statement) which documents the associated violence against Catholic institutions is available at http://www.converge.org.nz/pma/wp-cath1011.pdfNGO statement on violence following Third Papuan People’s Congress in October 2011

3 November 2011

We the undersigned New Zealand human rights, development and peace organisations call for the Indonesian government to immediately investigate allegations of excessive force and human rights violations by police and military personnel in breaking up the Third Papuan People’s congress on 19 October 2011 in Jayapura, Papua.

We also deplore the entry by military forces – without permission or prior notice –  into the nearby Yerusalem Baru seminary and Fajar Timur School of Philosophy and Theology and associated facilities within the Catholic mission compound in the area.

We call for an immediate dialogue between the Government of Indonesia and Papuan leaders to prevent further instances of unnecessary violence; and to address the issues that underpin conflict in Papua.

***

At least six deaths have been reported and hundreds of people were initially detained when security forces moved in with guns and violence to disperse several thousand unarmed people who had gathered peacefully for the congress on 17-19 October.  Video and documented evidence shows that police and military officers used pistols, canes and batons to beat congress participants, and threatened them. Such actions are a violation of rights to freedom of expression, opinion and peaceful assembly guaranteed under both the International Covenant on Civil and Political Rights and the Indonesian Constitution.

A statement from the Rector of Fajar Timur School of Philosophy and Theology, Father Dr Neles Tebay, and the Provincial of the Franciscan Order in Papua, Father Gabriel Ngga OFM, documents the violence with which security forces entered Catholic mission buildings, and the fear and intimidation imposed on occupants and those who sought refuge there. Bullets shattered windows, items were damaged, teargas was used, and one Franciscan brother was so badly beaten that he was admitted to intensive care at the local hospital after being released from overnight detention.

We endorse the statement and measures called for by Fathers Tebay and Ngga, in particular, we:

  • Reject repressive means to deal with issues because such violent acts undermine the human dignity of both victims and perpetrators.
  • Affirm the right of religious and other organisations to provide asylum where necessary, based on the universal humanitarian principle that a person exposed to a life-threatening situation is to be given protection and sanctuary. (The protection provided by the religious brothers and staff was given for humanitarian not political reasons, as congress participants sought refuge from persecution and threats.)
  • Ask the Indonesian Human Rights Commission (KOMNAS HAM) to investigate the violent incidents post-congress to look at how such serious human rights abuses have occurred.
  • Support a peaceful dialogue between the Government of Indonesia and Papuan leaders to stop violence and prevent a recurrence of such acts in Papua. This is in line with the Indonesian government’s own commitment, as expressed by President Susilo Bambang Yudhoyono, to deal with Papua ‘with heart’.

·         Ask for all people of goodwill and justice to support the implementation of such dialogue. ‘Because only through dialogue, issues that underpin conflicts in Papua can be identified and proper solutions can also be found without resorting to violence and bloodshed’ say Fathers Tebay and Ngga.
We are deeply concerned about the situation in Papua and the underlying tensions that impede Papuans’ access to development. We urge all parties to take immediate steps to prevent violence and enter into dialogue to resolve the serious underlying tensions.

JOINT STATEMENT OF:

Michael Smith, Director, Caritas Aotearoa New Zealand
Maire Leadbeater, Spokesperson for the Indonesia Human Rights Committee
Edwina Hughes, Coordinator, Peace Movement Aotearoa
Pat Jackman, President, Women’s International League for Peace and Freedom Aotearoa
Judith Crimmins, President, Pax Christi Aotearoa New Zealand
Peter Hosking, Executive Director, Human Rights Foundation of Aotearoa New Zealand
Pauline McKay, National Director, Christian World Service
Leigh Cookson, Director, Arena (Action, Research and Education Network of Aotearoa). – http://www.facebook.com/notes/peace-movement-aotearoa/nz-ngo-statement-on-the-violence-around-the-third-papuan-peoples-congress-in-wes/256380261076017

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