West Papua Report October 2011

This is the 90th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary: Papuans will convene a third “National Congress,” an historic convocation that follows congresses in 1961 and 2000. Military and police forces have attacked civilian homes, purportedly in pursuit of those responsible for an August incident that may have been staged. In the wake of growing violence, leading human rights organizations have called on the Indonesian government to “re-assess” its resort to military measures to address dissent in West Papua. The giant mining firm Freeport McMoran is facing growing pressure from labor and the government. The attention focused on Freeport has once more brought to light the enormous profits and tax revenues flowing from the mining operation. These riches stand in stark contrast to the grinding poverty endured by Papuans whose resources Freeport is exploiting. The UN Secretary General has publicly retreated from comments in which he appeared to recognize the need for the UN Decolonization Committee and the Human Rights Council to take up the denial of Papuan rights to self-determination and other violations of human rights.

Contents:

Papuans To Convene Third National Congress in October

The Papuan National Collective, comprising leaders of the Dewan Adat Papua (the Papuan Customary Council), and leaders of Papuan religious, human rights, women, and youth organizations have announced the convening of the “Third Papuan Congress,” in Jayapura, October 16-19, 2011. Members of the Provincial Papuan Assembly (DPRD) will also participate in the congress.

According to the Collective leaders, the theme of the congress is “Affirming the basic rights of the indigenous Papuan people for the present and the future.”

The gathering will address agendas presented by all participating representatives such as the protection of fundamental human rights, including the right to self determination; accountability of security forces for crimes against the civilian population, and protection of the environment. The leaders have noted that they expect congress to reaffirm Papuans’ commitment to pursue respect for their rights through peaceful means.

The First Papuan Congress occurred on October 16-19,1961. At that congress, Papuan leaders declared the desire of the Papuan people to become a free and independent nation. The second congress convened in May 2000 with the support of then Indonesian President Abdul Wahid Rahman. Papuan leaders rejected the 1962 “New York Agreement” which surrendered control of West Papua to Indonesia. The congress also rejected the “Act of Free Choice,” the fraudulent process that in 1969 denied Papuans their right of self-determination. The congress called on the UN to revoke November 19, 1969 UN Resolution 2504 which formally recognized Indonesia’s annexation of West Papua.

Military and Police Attack Civilian Homes

A combined military and police force on August 31 raided civilian homes near Nafri, outside Abepura, where an August 1 assault on a largely civilian convoy killed four and wounded six. The perpetrators of that attack remain unknown though investigations by local NGOs point to a provocation by the Indonesian military‘s notorious special forces (Kopassus).

The Nafri attack may have been part of a strategy by security forces to create instability to undermine large scale Papuan demonstrations set for August 2 (see August West Papua Report). According to the government, the military/police attack on the civilian homes was in pursuit of Papuans responsible for the Nafri attack.

A report translated by TAPOL provides detail on the late August military and police operation. On 31 August , the homes of four Papuans were targeted by the Army (TNI-AD) and Brimob (special unit of the Indonesian police) supplemented by the police force of Papua. Thirteen Papuans were arrested. Local witnesses report that occupants of the four houses were in their homes at the time of the operation and that some of whom were asleep. The security forces entered the area where the homes were located and started firing warning shots which traumatized the local people. Although the thirteen initially evaded the security forces, all of them, including an eight year old girl, were arrested. (See also West Papua Media Alerts’ Special Investigation: State terror campaign around Jayapura.)

Ten, including the eight year old, were subsequently released but two were two detained, Ekimar Kogoya, 22 years, and Panius Kogoya, 20 years old. The security forces that conducted the sweep, which appear to have included elements of the notorious Detachment 88 , are formally charging the two now being held with involvement in the killings in Nafri August 1 and say that they are suspected of being members of the TPN/OPM.

Mathius Murib, deputy chair or the National Human Rights Commission’s (Komnas HAM) Papua branch told media that “proper procedures were not followed and the people who were detained were subjected to mal-treatment, and what is even more disturbing is that a child of 7 or 8 years old was kidnapped at the same time.”

The Nafri incident and subsequent “sweeps” follows the standard modus operandi of Indonesian security forces operating in West Papua: An incident, possibly staged, is used to justify augmenting security forces in an area which then violate local citizens rights with sweeps designed to intimidate the local population. These sweeps usually coincide with periods of growing popular protest over political repression and human rights violations. This modus operandi is part of the Indonesian security force playbook and was regularly witnessed at work in Indonesian-occupied East Timor.

Prominent Human Rights Organizations Call for End to Indonesian Government Resort to Military Measures in West Papua

The Asian Forum for Human Rights and Development (FORUM-ASIA), the Commission for the Disappeared and Victims of Violence (KontraS), the Indonesian Human Rights Monitor (Imparsial), and the International Federation for Human Rights (FIDH) urged the Indonesian government to reassess its reliance on military measures to address growing dissent in West Papua. The organizations noted in a September 21 statement that their call came amidst growing violence in the region.

WPAT notes that security force reliance on extrajudicial killing, arbitrary arrest, torture of detainees, and repression of peaceful dissent reflect the reality that Suharto-dictatorship rules and procedures still apply in West Papua.

The four organizations decried the continuing buildup of security forces in West Papua, which Imparsial claimed was in the range of 14,000 personnel, and the continuing impunity accorded those forces for their violation of constitutionally protected human rights. They also condemned Government efforts to preclude monitoring of conditions in West Papua by journalists, international human rights monitors and other legitimate observers.

The four organizations called on the Indonesian government to:

Instruct its military to immediately cease all unlawful surveillance activities in Papua and revise its current draft intelligence bill by incorporating recommendations by civil society and bringing it into line with the Indonesian Constitution and Criminal Procedure Code, as well as international human rights law;
Take steps to reduce the heavy presence of non-organic military personnel and their involvement in civil administration in Papua and seriously implement security sector reform;
Fully and credibly investigate all past and new allegations of human rights abuses, especially those perpetrated by state security forces, and promptly bring perpetrators to justice;
Strengthen civilian oversight and rigorous parliamentary scrutiny of military policies, operations and budget; and
Respect the role of human rights defenders and ensure unfettered access to Papua by civil society groups and actors, including foreign and domestic journalists and independent human rights monitors.

Freeport Under Growing Labor and Government Pressure

Workers at the giant Freeport McMoran gold and copper mine have been on strike since September 15 demanding higher wages and protesting numerous violations of their rights.

The violations they contend the company has committed include Freeport’s hiring of strike breaker workers (scabs). It remains unclear whether courts will sanction the strike action as legal.

In addition to facing pressure from its workers, Freeport is also under government pressure to renegotiate is contract with the Indonesian government. All major foreign mining firms in Indonesia are obliged to renegotiate their contracts to ensure that they are in accordance with the 2009 Mineral and Coal Law which is intended to increase government income from the mining sector. The new law mandates that existing mining contracts be adjusted to the in accordance with the new law. Freeport is one of the few foreign mining firms that has yet to renegotiate its contract.

According to Freeport, under its existing 1991 contract, it has been Indonesia’s largest tax payer: Freeport said in a press statement that in the first half of this year, the company paid US$1.4 billion in financial obligations to the Indonesian government. From 1992 to June 2011, the company contributed a total of $12.8 billion to the country.

The Jakarta Post writes that the firm’s mine covers 213,000 hectares. Royalty payments from the company accounted for 68 percent of Papua’s gross domestic regional product (GDRP) and 96 percent of Timika’s GDRP in 2010. During that year, the company contributed $1.9 billion to the state income from tax and non-tax payments and invested $2.1 billion.

WPAT Comment: While Freeport is a major source of revenue for the Indonesian government, that revenue is only a small portion of the vast profits that Freeport has reaped from its operation which were launched in 1967, even before Indonesia formally annexed West Papua in 1969. The extraordinary wealth accruing to Freeport and the Indonesian government stands in stark contrast to the grinding poverty and lack of development that has been the plight of the Papuan people, particularly those Papuans such as the Kamoro and Amungme people who have seen their lands stolen and polluted by the Freeport operation. The corrupt bargain between Jakarta and Freeport is a legacy of the 1962 “New York Agreement” which the US Government orchestrated in a cold war ploy, absent the consent or even the involvement of the Papuan people.

UN Secretary General’s Candid Comments on West Papua Partially Pulled Back

UN Secretary General Ban ki-Moon, at a press conference in Auckland New Zealand on September 7, spoke directly and candidly in response to two questions about West Papua. His comments appeared to suggest his support for international calls for the West Papua to be listed among those territories considered by the UN General Assembly’s Decolonization Committee. He also appeared to be sympathetic to discussion of West Papua in the Human Rights Council. Implicit in the UNSG’s comments were both a recognition that there was merit in a review of West Papua’s legal status and that there was a basis for concern regarding the human rights situation in West Papua. In particular, the UNSG responded to what was a legal/political question about West Papua by introducing in his response concern over human rights in West Papua.

A portion of the Secretary General’s comments were corrected in New York on September 13 by an unnamed “spokesperson for the Secretary-General on Papua.” The “spokesperson” contended that the Secretary-General had been speaking “off-the-cuff.” The Secretary-General’s original comments in New Zealand are nonetheless significant. The text of the two questions and his responses follows:

Question: [unclear] With regards to human rights – for more than forty two years, there’s a struggle in West Papua as people seeking their government in the province of West Papua. What is the United Nations stand on that?

BKM: This issue should also be discussed at the Decolonisation Committee of the United Nations General Assembly And when it comes again, whether you are an independent state or a non-self-governing territory or whatever, the human rights is inalienable and a fundamental principle of the United Nations.

We will do all to ensure that people in West Papua, their human rights will be respected.

Question: Does a human rights fact-finding mission has be dispatched to West Papua at some time?

BKM: That is the same answer [to a previous question on Fiji] that should be discussed at the Human Rights Council amongst the member states.

Normally the Secretary General acts on the basis of a mandate given by inter-governmental bodies.

The spokesperson’s statement was as follows:

His off-the-cuff response may have led to the misunderstanding that he was suggesting the matter of Papua should be placed on the agenda of the Decolonization Committee. The Secretary-General wishes to clarify that this was not his intention.

Interestingly, the spokesman’s correction let stand the UNSG’s apparent endorsement of the need for a discussion of the human rights situation in West Papua in the Human Rights Council.

Back issues of West Papua Report

The TNI Should Withdraw From Papua to Prevent Another Lacluta (westpapuamedia.info)
Wpna: West Papuans Have Continued to Be Hunted Like Animals (westpapuamedia.info)
15 Papuans mistreated and tortured by army and police (westpapuamedia.info)
West Papua Report August 2011 (westpapuamedia.info)
Pacific cannot be truly free until West Papua is free, say activists (westpapuamedia.info)

October 5, 2011 12

West Papua Report September 2011

This is the 89th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan @etan.org.

Summary: Twenty-six members of the U.S. House of Representatives appealed to Indonesian President Yudhoyono to release Papuan prisoner of conscience Filep Karma, noting concern that “your government meet its fundamental obligations to protect the rights of its people, as respect for human rights strengthens democracy.” The bipartisan letter call Karma’s case “an unfortunate echo of Indonesia’s pre-democratic era.” Amnesty International, meanwhile, appealed for the release of another Papuan, Melkianus Bleskadit, imprisoned for peaceful dissent. The Indonesian government granted a three month remission to the sentence of Papuan political prisoner Buchtar Tabuni on the occasion of Indonesian independence day, who was then released. The leak of secret Special Forces (Kopassus) documents reveal systematic Kopassus surveillance and intimidation targeting Papuans and even international personnel seeking to document human rights concerns in West Papua. The documents label prominent international leaders including Nobel Peace Prize laureate Desmond Tutu and dozens of members of the U.S. Congress as supporters of “separatism” in West Papua. Human Rights Watch urged that in the wake of the documents revelations that the U.S. military cease all activities in cooperation with Indonesian military units in West Papua. Papuans leaders to convene a broad congress in October. Papuan leaders write U.S. Congress to call for peacekeepers. Church leaders and ordinary civilians have called for an end to Indonesian military intimidation in the Paniai District. The Indonesian military commander has ruled out negotiations with armed separatists in West Papua, indicating the extent to which the TNI calls the shots in West Papua. In an organizational statement WPAT has called for Papuans to be afforded the internationally recognized right to self-determination.

Contents:

U.S. Congressional Representatives Renew Call for Release of Filep Karma

On August 22, a bipartisan group of 26 members of the U.S. House of Representatives called on the Government of Indonesia to free Papuan activist Filep Karma, saying that his detention raised questions about the Indonesia’s commitment to democracy. The House members expressed concern that Karma has suffered “degrading and inhumane treatment” in prison arguing that “(a)s a strategic partner, we remain concerned that your government meet its fundamental obligations to protect the rights of its people, as respect for human rights strengthens democracy.”

In letter, addressed to Indonesia’s President Yudhoyono, the congressmembers wrote that “Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era.” The letter was organized by Republican Representative Joe Pitts and Democratic Representative Jim Moran.

U.S. lawmakers in 2008 wrote on behalf of Karma and Yusak Pakage, another Papuan activist who was also sentenced for raising the separatist flag. Indonesia pardoned Pakage last year

Amnesty International Calls for Release of Papuan Imprisoned for Peaceful Dissent

Amnesty International (AI), on August 25, issued an appeal on behalf of Papuan activist Melkianus Bleskadit, imprisoned in West Papua for his involvement in what AI noted was “a peaceful protest and for raising an independence flag.” AI called for his immediate and unconditional release, noting his sentence “highlights the continuing use of repressive legislation to criminalize peaceful political activities in the province.”

On December 14, 2010, Papuans took part in a peaceful march in Manokwari to protest against injustice and human rights violations by the Indonesian security forces. During the demonstration the “14 Star Flag”, a symbol of West Melanesian independence, was raised. The Manokwari Sub-district Public Order Police (Polres) arrested seven political activists: Melkianus Bleskadit; Daniel Yenu, a priest (see below); and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. All seven men were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment. Yenu was sentenced to seven months and 16 days on 23 August 2011. Yenu was then released because he had spent more than eight months in detention. The five students trials are ongoing.

Yenu’s lawyer has raised concerns about his trial, saying that evidence not obtained from the location of the incident was impermissibly introduced and that Yenu was forced by the judges to defend against the charges on 16 August without his lawyer.

AI noted that the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly.

Amnesty International, in its published appeal, called on the Indonesia to “withdraw government regulation No. 77/2007 that bans the display of regional logos or flags, which are used by separatist organizations.” The regulation is “contrary to the spirit of the 2001 Special Autonomy Law that granted Papuans the right to express their cultural identity,” AI said, adding “the ban on waving these flags cannot be considered legitimate grounds for restricting freedoms of expression and association as set out in the ICCPR.”

According to Amnesty International “at least 90 political activists in the provinces of Maluku and Papua have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience and calls for their immediate and unconditional release.”

Buchtar Tabuni is Finally Freed

Indonesian authorities released from prison, Buchtar Tabuni, chairman of KNPB, the West Papua National Committee. Tabuni was one of 656 prisoners in Papua to receive remission of his sentence on the anniversary of Indonesia’s independence on 17 August 1945. Tabuni was one of scores of Papuans recognized by international human rights organizations as a prisoner of conscience.

Buchtar said he regarded his remission, which shortened his sentence by a mere three months, as an ‘insult’ for the people of West Papua. Speaking to supporters at the prison gate, he said that he did not recognize the Indonesian independence day because “our ancestors never fought for an Indonesian government but (rather) fought for the Melanesian people.” Remission was merely an attempt by the Indonesian government to improve its reputation on the international stage.

“They think that with my release I will show my love and affection for Indonesia, but that is not so. I will continue my struggle for this nation even more radically than before,” he said. He congratulated the Indonesian government on the anniversary, but went on to ask the government to give its support to the Papuan people who are yearning for their independence.

Indonesian Special Forces Spying and Intimidation Targeting Civilians Revealed

Australia’s The Age reported on 19 classified documents, including over 500 pages and dating from 2006 to 2009, belonging to the Indonesian military “special forces” (Kopassus). The documents reveal a vast Kopassus network of spies and informants throughout West Papua that targets Papuans civil society leaders as well as foreigners visiting or working in West Papua. Well over 60 members of the U.S. House of Representatives and Senate, including the chairwoman of the Senate intelligence committee, Dianne Feinstein, are branded separatist supporters in a document called “ Anatomy of Papuan Separatists.” South African anti-apartheid hero and Nobel Peace Prize laureate Desmond Tutu and Papua New Guinea’s former Prime Minister Sir Michael Somare are also so-labeled, along with journalists, academics and others within and outside West Papua.

The lists of House members appear to be taken from public letters from July 29, 2008 urging release of Papuan political prisoners and a March 17, 2005 letters from the Congressional Black Caucus to the UN Secretary General and U.S. Secretary of State asking for a review of the United Nation’s conduct in West Papua at the time of the “Act of Free Choice,” opposing U.S. military assistance to Indonesia and urging support for self-determination. Twenty Senators who signed a June 28, 2004 letter calling for United Nations Special Representative to Indonesia to monitor and report on the situations in Aceh and Papua are also listed as “in support of Free Papua Separatists.”

The Age reports that the documents reveal the “deep paranoia of Kopassus and its interference in the daily lives of Papuans, the documents are also remarkable for the false assertions they contain.” The documents also show the Indonesian government’s efforts to restrict the capacity of UN personnel, foreign parliamentarians, journalists, researchers and human rights advocates to monitor human rights violations in West Papua.

In a particularly powerful reaction to the disclosure of the Kopassus documents Elaine Pearson, deputy Asia director at Human Rights Watch urged the U.S. government to “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.” She added, “(u)ntil the Indonesian government re-examines these cases, in line with the U.S. Leahy law, which prevents the US from cooperating with abusive military units, the U.S. 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.”

The West Papua Project at the University of Sydney, who received the documents earlier this year, published its own extensive analysis, “ Anatomy of an Occupation: The Indonesian Military in West Papua.”

Papuans to Convene To Address West Papua’s Future

Papuan leaders have announced plans for a Papuan Congress to convene in Jayapura, October 16-19. Selpius Bobii, chair of the organizing team for the congress, accompanied by Forkorus Yaboisembut , chair of Dewan Adat Papua (the Papuan Customary Council), told the media August 22 that the congress will include “All organizations of whatever kind, customary councils, ethnic groups as well as other organizations [who] will be able to present their own agendas.” Attendees at this “Third Papuan People’s Congress” will also include representatives of the DPRP, the Provincial Papuan Assembly.

The theme of the Congress is to be: “Affirming the basic rights of the indigenous Papuan people for the present and the future.” The Papuan leaders speaking to the media noted that they planned to inform President Yudhoyono of the plans for the Congress though, they stressed, they would not be seeking his permission to proceed with it.

Bobii also urged the Indonesian government to implement the decisions of the grand meeting of the MRP (Majelis Rakyat Papua) together with the indigenous Papuan people held on 9-10 June 2010.

Papuan Leaders Appeal To U.S. Congressional Leaders

In an August 10 letter to members of the U.S. House of Representatives and Senate the “collective leadership of the Papuan people” (including principally the leaders of the Dewan Adat Papua) appealed to the legislators and to the U.S. Government to continue to support efforts to defend the fundamental human rights of the Papuan people. The leaders also proposed the creation of an “International Peace Keeping Force,” pointing to the continuing abuse suffered by Papuans at the hands of the Indonesian security forces and the failure of the Indonesian government to halt these abuses or hold those committing those abuse accountable before the law.

The letter also informed the U.S. officials of plans for an extraordinary meeting of Papuans which will convene in Jayapura in October. (see above)

Church Leaders in Paniai Call for An End to Security Force “Repressive Military Measures”

Churches in Paniai District in the Central Highlands are very concerned about the situation following an armed skirmish that took place on 17 August and about reports that additional troops have been sent to Paniai to search for two firearms that were reportedly seized from police headquarters in Komopa on 15 August.

An August 28 press release issued by the Commission for Justice and Peace of the Paniai Diocese and the Commission for Justice and Peace of the KINGMI Church called on security officials to freeze the deployment of security forces in Paniai District. According to the August 29 JUBI the representative of the Diocese of Paniai, Fr. Marko Okto Pekei, and Yafet Tetobi of the KINGMI Church also called on military leaders to ensure that the forces already deployed in the district do “not roam round freely in the area with all their military equipment because doing so would only worsen the situation.” Villagers now thinking about returning home are afraid to do so because of continued military activity.

The church representatives urged all sides to realize that the preservation of security and an atmosphere of peace is the duty of all: community leaders, leaders of customary groups, leaders of women and youth, as well as the security forces and the TPN/OPM.

The two church commissions also expressed regret over the wounding of two people during an armed conflict that occurred on August 17 in Uwibutu, Madi. “We also deeply regret the actions of certain elements who have destroyed the economies of families living in the area.” Troops have also been conducting operations in search of two firearms reportedly seized from police headquarters in Komopa on August 15.

The church representatives said that problems between the security forces and the TPN/OPM should be handled by means of persuasion and urged that the security forces forego “repressive military measures” because they would only result in civilian casualties.

An August 25 report in JUBI, translated by TAPOL, notes that local people in Paniai called on the local military chief, the military commander command and President Yudhoyono to pull back these troops from the area.

Yafeth Y Kayame, head of the Suku Mee people, said the additional deployment of troops to Paniai has undermined calls for peace. “Local people have become more frightened than ever. People are asking ‘Why have they come to Paniai? Enarotali and Paniai are not areas of conflict so the authorities must stop sending troops here. If it is only to re-capture two firearms, then the troops already here would surely be enough, without bringing in more troops,’ they say.”

According to some sources, in addition to infantry brigade 753/Arga Vira Tama Nabire, a company of Brimob (the militarized police) was also reportedly being deployed to Paniai. Although this has been denied by Major-General Erfi Triassunu, commander of XVII/Cenderawasih military command, the fact is that these ‘new’ troops can be seen almost every day driving along the roads in convoys.

Meanwhile, according to the JUBI report, anxiety has continued to spread among the local people and many have left their homes with a new exodus starting on Tuesday (August 23).

Indonesian Military Continues to Call the Shots in West Papua

An August 26 Antara report contains comments by Indonesian Armed Forces (TNI) Commander Admiral Agus Suhartono that reveal that the TNI continues to control policy in West Papua, independent of civilian oversight. Suhartono said that the military will not negotiate with separatist movements, especially the Free Papua Movement (OPM). “There are no [negotiations], none, in any shape or form,” Admiral Suhartono told members of the People’s Representative Council (DPR) at TNI Headquarters in Jakarta. In his 2005 Indonesian Independence Day remarks, President Susilo Bambang Yudhoyono said that his then new administration wished to resolve the Papua question in a just, peaceful and dignified manner. That policy, which would mean an end to the use of repressive measures embodied by the military’s infamous “security approach,” has been supported by Papuan leaders, Indonesian experts and international organizations.

The refusal of the TNI to relent in its employment of “sweep operations” in response to the so-called “separatist threat” in West Papua, notwithstanding the human cost of these operations to Papuan civilians, runs counter to the professed intent of the civilian government’s to address decades of abuse and malfeasance in West Papua through nonviolent means.

The TNI refusal to accept civil control of the military in West Papua is also manifest in its refusal to be held accountable before the law. President Yudhoyono has repeatedly spoken of the need to ensure justice there. During a November 2010 visit by U.S. President Obama, President Yudhoyono assured the U.S. that the video-taped beating and torture of Papuan civilians by the military was being dealt with appropriately. This was untrue: what was being dealt with was an earlier case of military abuse of West Papuan citizens. Ultimately, as is typical, military courts convicted the perpetrators of the torture only of “disobeying orders” and sentenced them to minimum prison sentences.

WPAT COMMENT: The TNI’s continued resort to the “security approach” in West Papua, manifest most clearly in continued “sweep operations” that displace Papuan civilians and cost civilian lives, is an ongoing tragedy for Papuans. TNI unaccountability for its criminal activity, including systematic abuse of Papuan civilians and continuance of illegal “business operations” there, is a part of this continuing tragedy. But the TNI’s behavior in West Papua also has implications for Indonesian democracy more broadly. The TNI’s role in West Papua underscores that this institution remains above the law and insubordinate to the policy and direction of the civilian government. It constitutes a severe threat to the growth of Indonesian democracy.

WPAT STATEMENT: Papuans Must Be Afforded the Right to Self-determination

The West Papua Advocacy Team (WPAT) has for many years sought to advance respect for the human rights of the Papuan people. To that end WPAT has advocated for an end to human rights violations by members of the Indonesian military, police, intelligence agencies, and others which are in blatant violation of Indonesian law and Indonesia’s obligations under international law and covenants. WPAT has also long advocated that the U.S. government condition its assistance to the Indonesian military and police on their cessation of human rights violations, submission to legal accountability for their past and ongoing actions and unconditional acceptance of civilian control.

This advocacy has also entailed concerted efforts to ensure that Papuans’ voices are heard, notwithstanding Indonesian government efforts to repress Papuans who seek to assert their right to peaceful dissent. In this regard, WPAT continues to support Papuan calls for an end to the persecution of political prisoners and an end to government restrictions on access to West Papua by international media, UN personnel, human rights monitors and researchers, and providers of humanitarian assistance. WPAT strongly supports Papuan calls for the demilitarization of West Papua and an end to Indonesian government reliance on a “security approach” to peaceful protest. WPAT has joined international calls for reform of the Indonesian criminal code which penalizes dissent notwithstanding Indonesian obligations under international law to protect the right of free speech and peaceful assembly.

It has long been WPAT’s conviction that human rights and personal freedoms are best secured in a legal environment shaped by democratic values and in a political framework based on genuine self-determination. This conviction grows out of the assertion of WPAT founder John Rumbiak who maintained that the root of the problems afflicting Papuans lay in the reality that they have never been afforded their right to self determination. That right is clearly articulated in international law including in Article 1 of the UN Charter, as well as in Article 1 of both the International Covenant on Civil and Political Rights and theInternational Covenant on Economic, Social and Cultural Rights. Indonesia is a party to both covenants.

WPAT considers that the people of West Papua have never been permitted genuine self-determination. That fundamental right was subverted by the Government of Indonesia, acting in complicity with much of the international community in 1969, when it coercively annexed West Papua through the fraudulent process known as the “Act of Free Choice.”

WPAT, for several years, has supported Papuan calls for an internationally mediated, senior-level dialogue between the Government of Indonesia and Papuans, represented by both Papuan officials and senior members of Papuan civil society. Papuans have supported such a dialogue as a means of addressing myriad outstanding problems confronting them, including:

human rights abuse at the hands of unaccountable security forces operating outside civilian control;
economic, political and economic marginalization of Papuans through deliberate Indonesian government policies such as transmigration;
Indonesian government failure to provide essential health, education and other services to Papuans;

and the destructive exploitation of West Papua’s natural resources in a manner that fails to benefit Papuans.

WPAT notes that in addition to Papuan calls for dialogue, there is also growing Papuan support for a referendum that would at long last allow Papuans a voice in their own political future. WPAT strongly supports the Papuan peoples right to self-determination and recognizes that a referendum conducted under conditions that allow for monitoring by international media and human rights organizations, among others would, at last, afford Papuans their long-denied right.

WPAT does not support independence for West Papua or any other specific outcome of a referendum or dialogue process. Such outcomes depend on the free choice of the Papuan people made peacefully, without coercion, subterfuge or pressure of any kind.

Back issues of West Papua Report

AWPA: PIF should grant observer status to the territory of West Papua (westpapuamedia.info)
Police, unprovoked, shoot man in Merauke (westpapuamedia.info)
KontraS: Arrest and torture of 13 Papuans have worsened the situation in Papua (westpapuamedia.info)
KNPB Press Release: Papuan people don’t need welfare, they want a Referendum (westpapuamedia.info)
Freedom Now Welcomes Call of 26 Members of U.S. House for Release of Papuan Filep Karma (westpapuamedia.info)

September 6, 2011 8

West Papua Report August 2011

This is the 88th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary: Thousands of Papuans peacefully took to the streets August 2 to support calls for a referendum on West Papua’s political future. The demonstrations proceeded despite the presence of armed security forces intended to block the demonstrations and the presence of Jakarta-backed militia provocateurs. Violence erupted near Jayapura and in Puncak District on the eve of the demonstrations. Over 50 international organizations publicly called for the Indonesian government to respond positively to appeals by Papuan NGOs and churches for justice, an end to human rights violations in West Papua, and protection of human rights advocates and journalists. WPAT called on Secretary Clinton to raise with Indonesian officials the ongoing military sweep operations in Puncak Jaya, West Papua. These operations have had devastating affects on innocent Papuan civilians. Secretary Clinton called for dialogue to settle disputes over West Papua. Her repetition of US Government support for “special autonomy” made clear that the Obama administration is deaf to the voice of Papuans who have rejected “special autonomy” repeatedly. Efforts by Indonesian security forces to cover-up the human cost of their military sweep operations in Puncak Jaya have failed. Komnas Ham has proposed a dialogue about violence in Puncak Jaya. A peace conference which convened in West Papua has explored the possibility of advancing dialogue with the Indonesian government. Renowned international academics, lawyers and Papuan activists will convene in Oxford to discuss the continuing denial of the right of self-determination to Papuans. The military commander in West Papua has apologized to the Papuan Kingmi church over intimidating language he employed against the church.

Contents:

Thousands of Demonstrators in West Papua Demand Referendum


August 2 demonstration in Wamena. (KNPB)

Thousands of Papuans took to the streets in West Papua centers including the capital, Jayapura, to demand a referendum on West Papua’s political future. The August 2 demonstrations were planned to coincide with a conference in Oxford, England, which addressed the fraudulent 1969 “Act of Free Choice” which facilitated Jakarta’s annexation of West Papua. (see below)

The demonstrations in Jayapura have taken place despite the heavy presence of armed security forces deployed to deter demonstrators. Similar efforts by armed security forces to block demonstrations have been reported in Manokwari and other major towns such as Wamena, Biak, Nabire, Paniai, and Timika. The protests were organized by the West Papua National Committee (KNPB).

WestPapuaMedia, which has a network of reporters inside West Papua, reported that members of two pro-Indonesian militias — Besar Merah Putih and Aswain (Eurico Guterres) — have been deployed widely across the Jayapura area in conjunction with security forces. Guterres is the notorious leader of pro-Indonesia militias which worked in conjunction with Indonesian security forces to commit atrocities in East Timor in the run-up to that nation’s pro-independence referendum in 1999.

WestPapuaMedia sources also report that members of Kopassus special forces in plain clothes may also be on the streets. There are suspicions among observers inside West Papua that these forces, including both Kopassus and the militias, may be behind a spate of violent incidents that have transpired in recent days. (See following article on this violence.) This violence may have been organized as an attempt to spread fear, panic and division in order to prevent the protests going ahead.

WestPapuaMedia notes that with tensions extremely high after the violence, the organizers of the August 2 rallies across Papua have banned even symbolic traditional weapons from the gatherings. They also have worked with the Dewan Adat Papua (Papuan Customary Council) to deploy hundreds of peacekeepers from the uniformed Community Security Force of Petapa, or “The Guardians of the Land of Papua.”


Jayapura	Sorong	Timika (photos via KNPB)

Deadly New Violence in West Papua

As this edition of the West Papua Report was being finalized, there were reports of significant violence in two locations. The seemingly unrelated incidents transpired in Abepura District near the capital Jayapura and in the more remote Puncak District.

In Abepura, unidentified personnel armed with firearms, machetes and axes attacked a transport vehicle on August 1 killing four and wounding 15. All the victims in the pre-dawn attack were migrants and one was a low ranking soldier. Jayapura Police chief Adj. Sr. Comr. Imam Setiawan accused the Free Papua Movement (TPN-OPM) for the attack in which unidentified assailants sprayed a small bus with bullets as it passed through Nafri village. However, a New York Times report quoted Colonel Wachyono, a spokesperson for the Provincial police, as stating “We can’t yet conclude that it was the TPN-OPM or not.”

Fokorous Yoboisembut chairperson of the Dewan Adat Papua (Papuan Customary Council), told media that in the past such violence has been orchestrated on the eve of popular demonstrations such as those held August 2.

In the Puncak District initial reports indicated Papuans backing rival local political leaders came to blows in July 30. A total of 19 were killed according to police. Markus Haluk, the secretary general of the Central Highlands Papuan Student Association, told media that according to witnesses, police fired into the crowd killing three. The rioting rival groups reportedly accounted for additional deaths.

International Community Support for Papuan NGOs’ Appeals for Justice

Organizations based in more than a dozen countries issued a statement of support for West Papuan NGO’s and churches calling for justice and human rights. The Papuan organizations have “decried the failure of the Indonesian government to ensure justice for or protect Papuans who have been the victims of security force brutality, including extra-judicial killing, torture, abduction and imprisonment,” the statement said. The statement noted in particular that human rights advocates and journalists attempting to cover abuses have been targeted.

The international organizations expressed their “support for these courageous appeals” by the Papuan organizations and pledged “to pressure our individual governments and international organizations to press the Indonesian government to act positively and immediately on these demands for justice and the protection of human rights defenders.”

The international statement added that the “continuing violation of human rights starkly demonstrates the limits of ‘democratization’ in Indonesia.”

The statement was endorsed by 54 international, regional, national and local organizations. It was initiated by Tapol , West Papua Advocacy Team and East Timor and Indonesia Action Network (ETAN)

Letter Urges Secretary Clinton to Raise with Indonesia Brutal Military Sweep Operation in Puncak Jaya

We urge you to use the opportunity of your visit to Indonesia to call on the Indonesian President to halt all military operations in West Papua and return all military personal to their barracks as a way of easing tension and saving lives. We also urge you to raise with senior Indonesians, the plight of dozens of Papuan prisoners of conscience who were jailed as result of peaceful dissent.

On July 20, the U.S.-based West Papua Advocacy Team wrote to Secretary Clinton on the eve of her visit to Indonesia to urge her to raise with senior Indonesians the Indonesian military’s ongoing military operation in Puncak Jaya, West Papua. The letter noted the history of such operations which have repeatedly entailed grave harm to Papuans who have been driven from their villages. Many Papuans have died due to these operations.

The letter to Secretary Clinton noted that Papuan civil society leaders, non-governmental organizations, churches as well as ordinary civilians have long called for transformation of Papua into a “Land of Peace,” a concept that would demilitarize West Papua and end the Indonesian government’s reliance on a “security approach” to address peaceful, political dissent. The letter also reminded the Secretary that many Papuans are incarcerated in prisons due to their peaceful exercise of freedoms of speech and assembly which are denied them by the Indonesian government.

The letter concluded:

We urge you to use the opportunity of your visit to Indonesia to call on the Indonesian President to halt all military operations in West Papua and return all military personal to their barracks as a way of easing tension and saving lives. We also urge you to raise with senior Indonesians, the plight of dozens of Papuan prisoners of conscience who were jailed as result of peaceful dissent and who now face health and even life-threatening conditions in Indonesian notorious prisons.

As is unfortunately common practice, the U.S. State Department failed to acknowledge the letter in any way. Secretary Clinton however, was pressed on human rights abuse by security forces in West Papua during a press conference with the Indonesian Foreign Minister in Bali (see following item).

see also ETAN Urges Secretary Clinton to Condition Security Assistance to Indonesia on Rights

Secretary Clinton Supports Dialogue To Resolve Papuan Issues, but Persists in Support of “Special Autonomy”


Indonesian Foreign Minister Marty Natalegawa, right, and US Secretary of State Hillary Rodham Clinton at joint press conference , Bali, Indonesia. AP/Saul Loeb, Pool)

During her late July visit to Indonesia to attend a regional foreign ministers’ summit in Bali, Secretary of State Clinton was questioned about repression of Papuans in West Papua. The questioning followed calls by U.S. NGO’s for her to raise Indonesian security force actions against civilians in West Papua.

Responding to a question regarding this repression Secretary Clinton stated that the United States supports “open dialogue” between the Indonesian government and Papuan representatives to address regional grievances. Secretary Clinton added: “This is a matter for the Indonesian government and they are addressing it and we hope to see full implementation of the special autonomy law for Papua, which is a commitment on the part of the Indonesian government to address many of the concerns that have been expressed.” Clinton also reiterated United States support for the territorial integrity of Indonesia.

Like previous U.S. administrations, President Obama and his foreign policy team are neglecting burgeoning problems of human rights abuse and unaccountable security/intelligence forces in Indonesia.

For his part, Indonesian Foreign Minister Marty Natalegawa claimed that the Indonesian government was addressing human rights concerns and that “doesn’t take an external party” to point out the country’s problems.

WPAT Comment: Secretary Clinton’s support for “open dialogue” between Jakarta and Papuans to address “regional grievances” was positive but her contention that “repression,” which was the question posed to her, was a “matter for the Indonesian government” was jarring. Was the Secretary unaware of or simply not briefed about ongoing military operations in West Papua that are harming civilians and driving many from their homes? Was she unaware of or not briefed regarding growing demands for justice and accountability in the face of decades of abuse of Papuans by military, police and intelligence forces? And was she unaware or not briefed that the “special autonomy” she touted has been broadly and publicly rejected by Papuan people, NGOs and religious leaders? Like previous U.S. administrations, President Obama and his foreign policy team are neglecting burgeoning problems of human rights abuse and unaccountable security/intelligence forces in Indonesia.

Security Forces Try Unsuccessfully to Block Coverage of Continuing Military Sweep Operation in Puncak Jaya

Police and military intimidation of journalists and organizers of a press conference forced cancellation of the event. The conference was to have provided an update on an ongoing military sweep operation in the Puncak Jaya region.

Security force efforts to block coverage of its sweep operation in the Puncak Jaya region have not been completely successful. WestPapuaMedia reported an early July incident in which the Indonesian military shot three children and a mother. All survived the July 12 attack. Ny Dekimira, 50, was hit on the right foot, and the three children, Jitoban Wenda 4, and their neighbors Dekimin Wenda, 3, and Dimison Wenda, 8, all had bullets hit their left legs after Indonesian troops fired indiscriminately into the honai (huts) just before dawn on July 14, according to local witnesses. WestPapuaMedia, which has earned a reputation for accurately reporting major developments notes further that:

Credible reports about the scale of the offensive are beginning to filter through from the remote and inaccessible area about the scale of the offensive The Indonesian government has closed off access to the Tingginambut district to both Indonesian and foreign human rights and media observers, and local activists have had to march for days across rugged terrain to get out verified information. Local human rights observers and Papuan activists have independently reported to West Papua Media that TNI headquarters staff have threatened their safety if they alert journalists to abuses carried out by Indonesian security forces against West Papuan people.

Matius Murib, deputy head of the Papua branch of the National Commission on Human Rights (Komnas HAM), confirmed the account of the four civilian victims. He added that hundreds of residents of Kalome village had fled their homes in the wake of this shooting, because they feared becoming victims of the violence.

Having failed to block coverage of developments the military has sought to deny emerging reports. Maj. Gen. Erfi Triassunu, head of the Cendrawasih Military Command, which oversees operations across Papua, said that reports of these or other civilian casualties was unlikely. “You seriously believe that in a remote and isolated area like that, with such hostile terrain, there would be people living there? Much less kids running around playing?” he said. “Honestly, I’m lost for words. This is the first time I’ve heard of this.” “We would be very surprised if there were any civilian casualties, because what would anyone be doing in such an area?”

WPAT Comment: General Triassunu’s comments would be laughable if they were not so inciting. The general, who has responsibility for the ongoing sweep operation, would appear not to know that there are civilians in the area of the operation. He also appears fundamentally unaware of the circumstances of the assault on the civilians: the wounded children were not “playing around” as the general speculates: rather, they were shot inside their homes in the pre-dawn attack by troops the general supervises.

A Dialogue about Violence in Puncak Jaya?

The Indonesian National Commission on Human Rights (Komnas HAM) (a state institution) plans to pursue dialogue with armed Papuan groups in a bid to end violence in the Puncak Jaya region of West Papua. The region is the scene of an ongoing military sweep operation that has already caused civilian casualties.

The Commission intent to pursue dialogue with armed elements and others was announced by commission deputy chairman Nurkholis who spoke to the media on July 15 following his meeting with the Cendrawasih/XVII Military Regional Commander Maj. Gen. Erfi Triassunu. Nurkholis, added that the Commission would coordinate the dialogue initiative with the Coordinating Legal, Political and Security Affairs Ministry and that the initiative would also engage all local leaders in Puncak Jaya in order to “determine the root of the armed conflict and why it continues to occur and claim victims from both the military and civilian sides.” The role of the military in the dialogue was left unclear.

If the initiative proceeds it could offer a window into the repression and human rights abuse that military sweep operations such as the one currently underway have brought about in the Puncak Jaya in recent decades. Any serious dialogue about violence in Puncak Jaya would require access to the area and to the victims of violence, something that the Indonesian military in the past has always sought to prevent.

Peace Conference Convenes in West Papua – Urges Dialogue with Jakarta

A range of Papuan organizations including religious, customary, women’s, youth, academic, student and resistance groups convened in a “conference for peace” at in Abepura at Cenderawasih University, 5-7 July, 2011.

The conferees issued a statement which emphasized that conflicts should be resolved through peaceful means and identified the following principles:

We declare that dialogue is the best way to finding the solution to the conflict between the Papuan people and the Indonesian Government,
We determine to find the solution to political, security, legal, human rights, economic, environmental and social-cultural issues in Papua by means of dialogue between the Papuan people and the Indonesian Government, mediated by a neutral third party,
We welcome the initiative of the central government in support of the preparatory processes for a Jakarta-Papua dialogue

The conferees also agreed on the qualities of those who should be chosen to represent Papuans in the dialogue with Jakarta and identified a list of five prominent Papuans to play that role.

Those making presentations at the conference on the theme of “Let us together make Papua a ‘Land of Peace’ included:

Djoko Sujanto, Minister-Coordinator for Politics and Law of the Republic of Indonesia

Barnabas Suebu, Governor of the Province of Papua

Bekto Suprapto, Chief of Police of Papua

General Erfi Triassunu, Commander of the Military Command XVII/Cenderawasih

Leo Laba Ladjar, Bishop of the Diocese of Jayapura

Tony Wanggai, Chairman of the Papuan Provincial Branch of NU and representative of the Papua Muslim Council

Sokrates Sofyan Yoman, Chairman of the Synod of the Alliance of Baptist Churches in Papua

Forkorus Yaboisembut, Chairman of the Papuan Customary Council

(WPAT Comment: Support for dialogue between Papuans and the Jakarta administration continues to grow. The formula proposed by this conference resembles the dialogue process which brought an end to most fighting in Aceh province, although with Aceh international mediators were key. It is important to keep in mind while that process yielded important agreements, Jakarta has failed to implement some of them, such as a truth commission and a human rights court. The Aceh negotiations offer both positive and negative lessons for a similar process focused on West Papua.)

“Road to Freedom” Conference Convenes

In an historic gesture of international support for Papuans right to self-determination, international lawyers and human rights activists are joining Papuans at Oxford in the UK to discuss Papuans’ political future. The meeting, convening on August 2 will be chaired by UK Member of Parliament Andrew Smith, and will include renowned academics as well as academics. Among those scheduled to speak were:

Jennifer Robinson – International human rights lawyer

Powes Parkop – Governor of Port Moresby and the National Capital District, PNG

Benny Wenda – West Papua independence leader in exile (and a leading organizer of the conference)

Frances Raday – expert Member of the UN Committee for the Elimination of Discrimination Against Women

John Saltford – historian and expert on the 1969 Act of Free Choice

Clement Ronawery – Witness to the 1969 Act of Free Choice

Ralph Regenvanu – Vanuatu Justice Minister

Charles Foster – co-founder of the International Lawyers for West Papua

The Mayor of Oxford has agreed to fly the Morning Star flag above Oxford Town Hall on the day of the conference to signal support for the conference and in solidarity with the Papuan peoples struggle.

WPAT will have more on the conference next issue.

Military Commander in West Papua Apologizes for Threatening Papua Kingmi Church

In a remarkable turnabout, the chief of the Indonesian military in West Papua has issued an apology to West Papua’s Kingmi Church in the wake of the leak of a letter which was widely seen as constituting a threat to the Papuan church and its leaders. In a July 18 media statement, West Papua Army commander Major-General Erfi Triassunu, issued a public apology to the leadership and congregation of the Kingmi Papua Church. The General wrote “if I caused any offence to the Kingmi Papua Church I am sorry.”

In the originally “secret” April 30, 2011 letter Triassunu repeats claims made by representatives of Kingmi Indonesia, an Indonesian-wide church, that Kingmi Papua is a separatist organization. Kingmi Papua and Kingmi Indonesia have long been at odds. The general acknowledged in his recent letter that he had weighed into an internal church conflict. In words widely recognized as threatening, Triassunu originally wrote of taking “assertive action.” Triassunu indicated that such action would be forthcoming if Kingmi Papua continued to pursue an independent course from Kingmi Indonesia.

Reverend Benny Giay, a leader of the Kingmi Papua church, said that in the past such aggressive talk by senior military figures often served to signal to nationalist militias to take matters into their own hands.

WPAT Comment: Such military involvement in internal church matters affecting Batak Christians in Sumatra often led to violence. More to the point, Kingmi Papua’s pastors have been killed at the hands of the Indonesian military or their militias.

(see Alex Rayfield’s article in New Matilda for broader coverage of this development.)

Back issues of West Papua Report

August 7, 2011 13

West Papua Report June 2011

West Papua Report
June 2011

This is the 86th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary

The daughter of prominent Papuan political prisoner Filep Karma has written about the failure of justice in West Papua. In spite of democratic progress in much of Indonesia, she notes that “the old regime dies hard in West Papua.” Amnesty International‘s annual report on human rights trends in Indonesia documents continued human rights abuse, notably in West Papua, where AI cites the poor performance of security forces. The failure of the Indonesian government to afford justice in a number of outstanding cases of security force abuse in West Papua is exemplified in a recent case in which a civilian was killed by security forces who deny responsibility. The Indonesian government’s intervention to prevent an elected member of the Papuan Peoples Council from taking her seat is only the latest example of discrimination against Papuan women. The Indonesian military appears to be reassuming a major role in providing security for the Freeport mining complex. HIV/AIDS infections in West Papua continue to rise dramatically with the Freeport mine complex town of Mimika recording the largest increase. Observers continue to comment on the failure of “special autonomy” in West Papua.

Contents:

Daughter of A Papuan Political Prisoner Calls for Justice in West Papua

Audryne Karma, daughter of Filep Karma, one of West Papua’s most prominent political prisoners, published a May 23 opinion piece in the Wall Street Journal.

Ms .Karma, while praising the democratic advances under President Susilo Bambang Yudhoyono throughout much of Indonesia, observed that for West Papuans “the old regime dies hard. Indonesia has yet to realize the promise of democracy and human rights for all of its citizens,” she writes. After ten years of failed “special autonomy” policies, Ms. Karma writes that West Papuans were “systematically persecuted” as they sought to call attention to special autonomy’s “broken promises.”

The piece by Ms. Karma, boldly and articulately explains that in West Papua, those members of the security forces who commit torture targeting innocent Papuan civilians receive the lightest of sentences (if prosecuted at all) while Papuans who engage in peaceful protest demanding their human rights are locked up for years.

She persuasively describes the case of her own father, Filep Karma, who is serving a 15 year sentence for his peaceful protest. She describes how a notoriously biased judge sentenced her father to three times the sentence recommended by prosecutors and that his Christian faith was openly mocked in the courtroom. During his imprisonment he has suffered repeatedly at the hands of his jailers, denied urgent medical care and punished for his efforts to mediate a dispute within the prison where he is incarcerated.

Ms. Karma notes that her father is one of at least 130 political prisoners who suffer torture and other abuses within a penal system strongly criticized by UN and other international observers.

In a an affront to justice, Ms. Karma writes that in 2007, Indonesia’s Supreme Court struck down the sedition provisions of the Indonesian Criminal Code under which her father and many other political prisoners were prosecuted. None of the political prisoners convicted under these overturned provisions has been released.

Recalling President Obama’s November 2010 visit to Indonesia and his appeal that “every child born in this country be treated equally, whether they come from Java or Aceh; Bali or Papua,” Ms. Karma hopes that the international community would hold President Yudhoyono to this standard. “The Indonesian government cannot be an exemplar of democracy, human rights and the rule of law while it persecutes those who peacefully insist that it live up to those very aspirations.”

(Note: also see Pacific Scoop’s May 5, 2011, “Jailed Leader Filep Karma And The Fight For Papua’s Future.” a detailed and compelling analysis by renowned scholar Dr. Richard Chauvel of Victoria University in Australia.)

Amnesty International Calls Attention to Continuing Violations of Rights in Indonesia

In its annual report for 2011, released in May, Amnesty International issued a broad condemnation regarding the performance of Indonesian security forces and of the Indonesian judicial system, singling out for particular criticism their role in West Papua and Maluku:

“The security forces tortured and otherwise ill-treated detainees, and used excessive force against protesters, sometimes leading to death. No adequate accountability mechanisms were in place to ensure justice or act as an effective deterrent against police abuses. The criminal justice system remained unable to address ongoing impunity for current and past human rights violations. Restrictions on freedom of expression were severe in areas such as Papua and Maluku.”

Security forces “tortured and otherwise ill-treated detainees, particularly criminal suspects from poor and marginalized communities, and those suspected of pro-independence activities in Papua and Maluku provinces.”

Two videos which emerged during 2010 revealed “members of the police and military torturing and otherwise ill-treating Papuan men. The first video
showed Yawan Wayeni, a Papuan political activist, just before his death in August 2009.” Amnesty International observed that despite severe abdominal injuries, Wayeni “was denied medical assistance by the police.” The second video “showed Papuans being kicked and otherwise physically abused by members of the Indonesian military, and two Papuan men being tortured during interrogation.” The AI report noted also that “Indonesian officials confirmed the authenticity of both videos.”

The AI writes that “freedom of expression continued to be suppressed.” For example, Ardiansyah Matra, a journalist covering corruption and illegal logging in Papua, was found dead in the province in July. “At least 100 political activists were in prison for peacefully expressing their views in areas seeking independence such as Maluku and Papua.” AI calls attention also the case of Filep Karma (see above).

AI reports that “Impunity for past gross human rights violations in Aceh, Papua, Timor-Leste and elsewhere continued… Most past human rights violations against human rights defenders, including torture, murder and enforced disappearances, remained unsolved and those responsible were not brought to justice.“

Failure of Justice in West Papua: A Continuing Saga

The Papuan Customary Council, DAP, expressed its disappointment with the rule of law in West Papua, including the number of cases in Papua that have not been solved, according to a May 14 report in Jubi, translated by Tapol.

DAP’s Forkorus Yaboisembut expressed disappointment that “the shooting of Opinus Tabuni on August 9, 2009 on International Indigenous People’s Day in Wamena has not yet been solved.’

Yaboisembut explained that “incidents like this result in the marginalization of the Papuans. They are being exterminated in their own homeland.’

The same Jubi article reports that Markus Haluk, the secretary-general of the Association of Students of the Central Highlands, complained that “a huge number of cases in Papua have remained unsolved. He mentions the Wasior case (2001), the Biak case (1998) and the Abepura case (2000).

These complaints about fractured justice in West Papua were made as yet another case of a Papuan killed by security forces was surfacing. According to a May 18 Jakarta Post report, a dispute involving members of the Indonesian military (TNI) allegedly led to the death of Papuan Derek Adii, 26, from Manokwari regency.

The article cites a news release by the synod of the Papuan KINGMI church which “said the incident erupted as a passenger ferry was about to leave the Samubase Port in Nabire.”

The synod report claimed that Adii called on soldiers blocking access to the ferry to make way after some children had reportedly fallen and been trampled by other passengers. The offended soldiers, who were part of the Nabire Military Command, then assaulted him. “One of the soldiers, Chief Sergeant Hans Aru, drew his bayonet and stabbed Derek in the eye and he died. His body was later thrown overboard,” according to the synod.

When asked for confirmation, the Jakarta Post wrote that Nabire Military commander Lt. Col. Tatang Suyatna denied the reports. “It’s slander,” Tatang said, who claimed that the soldiers were securing the ferry while it was docking when the incident took place. He alledged that the victim was fighting with other passengers who had accused him of stealing and the victim turned on the soldiers as they separated the fight and fell to the sea by accident. The commander did allow that the victim “could have been injured when he was falling overboard.”

A conflicting military account alleged that the victim was drunk.

WPAT Comment: The failure of Indonesian authorities to pursue justice in instances when Indonesian security forces kill or maim Papuans is common place as noted by Yaboisembut and Haluk. The May 18 incident offers an illustrative example of security force impunity in matters where death and injury to Papuans transpires.

Indonesian State Interference in Papuan Woman Leader’s Election to the MRP Underscores Discrimination Against Women

A May 23 Bintang Papua report, translated by TAPOL, notes that representatives of number of women’s organizations in Papua demonstrated peacefully to protest Indonesian government blocking of the swearing in of Hana Hikoyabi to her seat in the Papuan Peoples Council, the Majelis Rakyat Papua (MRP).

The women complained that no legal justification for Hikoyabi’s suspension had been given. They demanded transparency regarding the government’s action and insisted that the selection of the chairperson of the new MRP should not take place until there were clarity about the membership of all its 75 members. The demonstrator met with the acting-chair of the MRP, Joram Wambrauw, who said that he lacked the power to take a decision on this matter but promised to pass the women’s concerns to the governor of Papua.

Separately, in a May 10 interview with the Jakarta Post, Papua Human Rights Working Network coordinator Fien Yarangga observed that the barring of Hikoyabi from the MRP was an example of Jakarta’s intimidation targeting Papuans. The Indonesian government “frequently intimidates Papua in the name of the unity and integrity of the Republic of Indonesia, even though such a stance creates a culture of fear among Papuan officials with strategic positions in regional administrations,” she says.

Fien made the remarks at a press conference in connection with the government’s rejection of Hikoyabi as a member of the Papuan People’s Assembly (MRP) for the 2011-2016 term. Fien added that “a culture of intimidation has curtailed the development of democratization in Papua.” Fien cited the Home Minister’s refusal to accept Hikoyabi as a member of the MRP after she was declared not loyal to the state ideology Pancasila and the 1945 Constitution, even though Hana had met all the requirements for the position. “There was no legal basis for this. It is more political intimidation and character assassination against Hana and even against all the Papuan people who selected Hana,” she said. Fien added that “the way taken by the Home Minister was also aimed at curbing critical Papuan women in defending their own people.

Writing in the May 1 Bintang Papua, Hikoyabi called her rejection “unlawful.”

“This places me in the difficult position of having been responsible for an act of treason – makar – whereas at the time that I nominated myself for member of the MRP from 2011 – 2016, I received an official confirmation from the local police and from the local court of law that I am well-behaved and have never been found guilty of anything or convicted of anything.”

Indonesian Military To Provide Security For Papua’s Freeport Mine

In a May 13 report published by national daily Republika, TNI Commander Suhartono told reporters that security at the massive Freeport copper and gold mine in West Papua would become a collaborative effort involving the military and police. He told the media that “TNI continues to support Polri in providing security at the vital installation, PT Freeport Indonesia.” Suhartono comments came following a meeting between TNI and police personnel in Timika, the major town in West Papua nearest the mining complex.

A separate report by Antara says that President Susilo Bambang Yudhoyono has asked the Indonesian military and police to give security guarantee to businesses and investments in Papua as part of efforts to accelerate economic development. A presidential spokesman said that the President had listened to the views of PT Freeport Indonesia regarding security, suggesting that PT Freeport welcomed and may have sought the joint TNI-police security arrangement.

The expanded military role in securing Freeport comes in the wake of repeated violence. Freeport security personnel Daniel Mansawan and Hari Siregar were killed on the key mountain road to the mine site in early April. That attack followed by only a few days an unsuccessful attack on Freeport personnel and a January 2010 attack on a convoy that injured nine. Local authorities report no progress in apprehending the perpetrators.

The killing of Mansawan in particular has raised concerns among Papuans. Mansawan was one of the few Papuans to reach a senior position on Freeport’s staff. The failure of security forces and Freeport to pursue his killers aggressively has been the source of protest by local Papuans.

WPAT Comment: In the recent past, the Indonesian police had been assigned the role of protecting PT Freeport with the option of seeking TNI assistance as conditions warranted. This new arrangement, which comes on the heels of renewed violence targeting Freeport personnel in the past two months would appear to restore the TNI security role of previous years when the TNI had come under strong criticism over what many saw as extortion of PT Freeport with cash flowing from Freeport to senior TNI personnel.

HIV/AIDS Infections Rise Sharply in Papua with Area Near Freeport Leading The Trend

A May 6 report in Banjir Ambarita says that the number of people living with HIV/AIDS in Papua and West Papua has risen more than 30 percent to over 17,000 in just four months as compared to 13,000 in August of 2010.

Kostan Karma, head of the Papua AIDS Prevention Commission (KPA), told the media “that the spike in infections was very worrying, and blamed it on the prevalence of unprotected sex.” He said that if the number of people living with the virus rose to one percent of the population of both provinces — which the 2010 census put at 2.8 million — the KPA would begin imposing mandatory testing for all new mothers in the region. He explained that this would at least help identify infected newborns, who could then get early treatment.

Kostan said that Mimika, adjacent to the PT Freeport copper and gold mining complex had shown the highest increase and overall number of infections.

The Papua AIDS Prevention Commission blamed the proliferation of new districts over the past 10 years as a factor for the spread of the virus.

“What’s happened is that there’s been more money spreading around, which encourages people to break with the traditional way of life and adopt a more modern lifestyle, including sexual promiscuity,” Kostan said. “What we’re trying to do is get churches to spread the message to get people to stop having casual sex, or if they must, to at least use a condom.”

WPAT Comment: Single male workers recruited by Freeport from outside West Papua to work at the mining complex have long fueled prostitution, gambling and alcohol and drug abuse in Mimika. This illicit activity operates under the protection of security forces in the area.

More Observers Comment on The Failure of Special Autonomy

An article in the May 15 issue of Jubi underscores the continuing unhappiness of Papuans with the “special autonomy” law (OTSUS). Olga Helena Hamadi, Director of the Commission for Disappearances and the Victims of Violence (KontraS) told the media that since the enactment of special autonomy, West Papua has been beset with problems. She noted that many buildings have been constructed that are of no benefit to the indigenous population, for example, the construction of commercial premises. ‘These buildings are for other people,’ (i.e., migrants) she said.

“As for the demands for permanent premises for Papuan businessmen, they are still struggling for this to happen. Their future is still very much in the air. The kind of premises they have been calling for have not been built by the government. The premises that have been built do not last long even though they have been calling for this since 2004, she said.”

OTSUS makes provision for a Commission of Truth and Reconciliation to be set up but all that has happened since OTSUS, she says, has been the creation of a National Human Rights Commission which “means that human rights violations, acts of violence and shootings are only dealt with by the Komnas HAM. The result is that many cases have got stuck, some of which got no farther than a court hearing. There has been no follow-up.”

Also, there has been no proper accounting for OTSUS funds. “There is no accountability because no procedures have been put in place,” she added,

All of this point to the failure of OTSUS.

For its part, the May 14 Jakarta Post carried a report by Nethy Dharma Somba that focused on problems with the special autonomy law. The article notes that the chairman of the special autonomy evaluation committee at the Papuan legislative council, Weynand Watori, told a forum in Jayapura that an evaluation on special autonomy implementation was needed to avoid both the failure of special autonomy and to address the continued poverty suffered by most Papuans.

He noted that special autonomy was designed to help improve education, health, economy and infrastructure for indigenous Papuans. In August 2005, Papuans held a rally at which they asserted that special had failed to bring prosperity to the people. Rallies were also held in July 2010 where protesters called on the legislative council to revoke special autonomy.

The forum agreed that an evaluation of the implementation of special autonomy was needed by involving all stakeholders with the council’s special committee as facilitator. Cenderawasih University in Jayapura and the Papua University in Manokwari, should be entrusted to prepare the right evaluation method.

Back issues of West Papua Report

http://www.etan.org/issues/wpapua/2011/1106wpap.htm

West Papua Report April 2011: VP rejects dialogue, MSG, more (westpapuamedia.info)
Photo News: Thousands of people of West Papua Rally to Demand Referendum (westpapuamedia.info)
Urgent need for Truth and Reconciliation Commission and Human Rights Court in Papua (westpapuamedia.info)
DAP – Straighten history of annexation of West Papua (westpapuamedia.info)
KNPB: Action Appeals to DEMAND REFERENDUM IN WEST PAPUA (westpapuamedia.info)

June 4, 2011 7

West Papua Report February 2011

West Papua Report
February 2011

This is the 82nd in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary:

An Indonesian military tribunal failed to properly prosecute military personnel for the torture of two Papuans whose agony was viewed around the world online in October 2010. Instead, the tribunal convicted three soldiers for the minor offense of “disobeying orders,” sentencing them to between eight and ten months imprisonment. This failure to prosecute the soldiers to the full extent of the law and to try them in a civilian court was broadly criticized by Indonesian and international observers, including the U.S. State Department. U.S., UK and Australian organizations called for suspension of foreign assistance to the Indonesian military which continues to violate human rights with impunity, particularly in West Papua. President Yudhoyono’s pre-sentencing description of the torture as a “minor incident” was prejudicial and contributed to an atmosphere of impunity. Papuans, organized by leading Papuan churches and other organizations demonstrated in large numbers calling for abolition of the Peoples Consultative Council (MRP). The body was created by the widely-rejected 2001 “Special Autonomy” law. Prisoners of Conscience Filep Karma and Buchtar Tabuni continue to languish in police custody following a December 3 prison riot. They suffer from health-threatening conditions and do not have regular access to their families or to legal counsel. Papua New Guinea security personnel attacked villages and encampments of West Papuan civilians living in PNG territory near the border with Indonesia. PNG authorities have detained nine of the scores of people displaced, who were moved into camps or have fled into the forests. Their plight, particularly those who were chased into forests, is uncertain.West Papuan students continue to call for dialogue in the wake of the failure of “special autonomy.” They note that the central government has failed to issue implementing regulations required to give the decade-old law life.

Contents:

No Justice for Papuan Victims of
Torture


Churches Lead Papuans in Renewed Rejection of Special Autonomy; Demand
Dissolution of Powerless "Papuan Peoples Assembly"
(MRP)


Two Political Prisoners Face Health
Threatening Conditions in Legally Unjustified Police
Detention


Papua New Guinea Military and Police Attack Villages and Encampments of
Papuan Civilians in PNG

Papuan
Students Say Special Autonomy Has Failed, Mediated Dialogue Is Essential

No Justice for Papuan Victims of Torture

A military court in Jayapura on January 24 sentenced three military personnel to eight to ten, months imprisonment for the torture of two Papuans in May 2010. The torture, video of which was posted online in October 2010, had become emblematic of the Indonesian military’s decades of abuse targeting Papuans. The Indonesian government’s failure to prosecute the perpetrators in a civilian court, and its acquiescence to military insistence that the three only be prosecuted for the minor offense of “disobeying orders” showed the persistence of military impunity for crimes against humanity in West Papua. President Yudhoyono reinforced this sense of impunity for military perpetrators by dismissing the torture as a “minor incident” in prejudicial pre-sentencing comments to military leaders.

International condemnation of this miscarriage of justice was swift and universal.

In addition to condemnation from human rights organizations, the verdict prompted unusually blunt criticism from the U.S. Government. U.S. State Department spokesperson P.J. Crowley said the sentences “do not reflect the seriousness of the abuses of two Papuan men depicted in 2010 video.” He added that “Indonesia must hold its armed forces accountable for violations of human rights. We are concerned and will continue to follow this case.”

On January 25, Australian Greens legal affairs spokesperson Senator Scott Ludlam demanded that the Government cut all military ties with Indonesia. He said the conduct of the Indonesian government showed a “total lack of respect for human rights…. What we have here is an open and shut case of severe torture, with video evidence, and the soldiers responsible will spend, at most, 10 months in prison and then continue their careers in the Indonesian army – they won’t even be discharged. It is a disgrace – an absolute disgrace,”

Video of the torture shows the soldiers burn one man’s genitals, suffocate him with a plastic bag, and hold a knife to his throat. One victim said he was beaten for two days, held over a fire and had chillies rubbed into his wounds. “First the Indonesian authorities claimed their soldiers were not responsible, and then charged them with ‘disobeying orders’. It was a pathetic response from a government that couldn’t care less about the human rights of the Papuan people,” said Senator Ludlam.

He called on the Australian Government must cut military and paramilitary ties with Indonesia: “Why are we helping to train and arm these soldiers? Why do we fund the Indonesian National Police when its Detachment 88, a so-called counter-terrorism unit, has been linked to a series of human rights abuses? While human rights abuses, while torture continues in Papua and Maluku, we can not fund and train the people responsible.”

The Australian Greens call for a substantive response by the Australian government was echoed in a joint statement by the U.S. based West Papua Advocacy Team (WPAT), the East Timor and Indonesia Action Network (ETAN) and the UK-based TAPOL. They urged the U.S. Government to suspend military assistance to the Indonesian military and called on the U.S., Britain. and the European Union to “promptly and publicly register with the Indonesian government their deep concern over what is only this latest example of decades of failed justice in West Papua.”

Amnesty International and Human Rights Watch also criticized the judicial travesty in Jayapura. Amnesty International’s Laura Haigh said “The fact that the victims were too frightened to testify due to the lack of adequate safety guarantees raises serious questions about the trial process.”

Amnesty added that “as a state party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Indonesia is legally bound to prohibit torture and other ill-treatment in all circumstances.”

Elaine Pearson, deputy director of Human Rights Watch’s Asia Division, called the outcome “disappointing” and highlighted irregularities in the court-martial. “There were six men depicted in the video but only three were brought to trial…. The military dragged their feet in this investigation and showed minimum effort, and it shows that they were just trying to get the international pressure off their back.”

The reaction in Indonesia was also damning. Poengky Indarti, executive director of the Indonesian Human Rights Monitor (Imparsial), urged that the National Commission on Human Rights (Komnas HAM) take over the investigation. “Although this court-martial has concluded, there is still the torture charge and the need to try these soldiers at an independent human rights tribunal,” Poengky told the Jakarta Globe. She also called for systemic reform: “The government and the House of Representatives must amend the law on military tribunals, which has been a major obstacle in prosecuting military officials under civilian law.”

She added that while the Indonesian government had ratified the UN Convention Against Torture more than a decade ago, the Military Criminal Code and its Code of Conduct still failed to define torture as a punishable offense.

The Indonesian National Commission on Human Rights (Komnas HAM) revealed that the Indonesian military did not use all the evidence available. Komnas Ham commissioner Ridha Saleh told the Jakarta Globe that the government agency had offered its own findings to the military “but to no avail.” He added that Komnas Ham was conducting its own investigations, but “whether those investigations will lead to re-prosecution, a recommendation or the formation of a fact-finding team, we don’t know yet.”

Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), said that “lenient sentences were proof that the TNI was reluctant to reform.” Kontras member Syamsul Alam Rizal said that the lenient sentencing would “solidify military impunity.” He warned further that “the lenient verdict would “justify torture as a tool in extracting testimonies from civilians.”

Sergeant Irwan Riskianto, deputy commander of Gurage Military Post, was accused of ordering the torture received 10 months in jail. Privates Yakson Agu and Private Thamrin Makangiri – were sentenced to nine and eight months respectively. The charge has a maximum sentence of 30 months.

WPAT Comment: The TNI response to the tsunami of domestic and international criticism – a pledge to ramp up human rights training for its personnel -has been employed before, notably in the late 1990’s when it even engaged the International Committee of the Red Cross to conduct rights training. Such window dressing fails to address the central issue: TNI personnel (and their commanders) know that violating the human rights of civilians, especially Papuans, will merit only a slap on the wrist. President Yudhoyono’s calling the torture sessions, one of which extended over a two day period, a “minor incident” only reinforces the impression among TNI personnel that a uniform provides a license to torture.The resort to a military tribunal to try military personnel for crimes against civilians is a consequence of the 1997 Military Court Law which gives jurisdiction in such cases to the military courts. There is no discernable efforts either within the government or the parliament to reform this Suharto-era law.

Churches Lead Papuans in Renewed Rejection of Special Autonomy Demand Dissolution of Powerless “Papuan Peoples Assembly”

Papuans in late January demonstrated peacefully and in large numbers called for the dissolution of Papuan Peoples Assembly (MRP) created by the 2001 Special Autonomy Law, but widely viewed as a powerless institution.

Demonstrations were staged in Sorong, Manokwari, Jayapura, Serui, Biak, Nabire, Merauke, Mimika and Wamena. In Jayapura, demonstrators peacefully occupied the MRP itself. For the first time since Indonesia’s annexation of West Papua, a broad array of Papuan church leaders took the lead in organizing the demonstrations. Among those playing a key organizing role were chairs of various synods including: Rev. Dr. Benny Giay, Chairman of Christian Tabernacle Church (KINGMI), Rev. Yemima Krey, Chairman of GKI Synod, Rev. Socrates Yoman, Chairman of Baptist Church and Rev. Tommy Isfandy, Chairman of Synod Bethel Pentecostal Church.

The MRP, was established in 2005 as a cultural representative institution of indigenous Papuans purportedly to address accusations that the interests of the province’s native population were being sidelined in favor of Java-centric government policies. It has been routinely ignored by the central government. For example, Jakarta refused to consult it regarding the division of West Papua into multiple provinces.

The demonstrators called for cancellation of plans to select new members for the MRP. (The new members of the assembly are being chosen by special committees set up in each district and city. The terms of the current MRP members officially ended last October, but because of delays starting the selection process, they were extended until the end of January.) “We reject the special autonomy for Papua. Consequently, the council, which was established following the granting of special autonomy, should be disbanded,” Reverend Giay told the media. “Special autonomy” had failed to improve the welfare of Papuans and only brought advantages to newcomers from other islands, he added.

The Papuan people, through a council plenary session on June 9-10, 2010, had called upon the provincial parliaments to return the special autonomy mandate to the central government (See West Papua Report July 2010).

In Mimika on January 25, hundreds of Papuans rallied outside the district legislature to protest over the selection of MRP members. Protesters, calling themselves the Papua Solidarity Society, carried banners that read “Disband the MRP;” “All Papuans Declare the MRP a Failure;” and “Send the MRP Back to Jakarta.” Vincent Onijoma, the protest coordinator, said both autonomy and the formation of the MRP had failed to bring to an end to violations of human rights by the security forces. Those taking part in the protest included representatives of churches, student groups, tribal associations, and women’s groups.

Earlier in January,organizers of the demonstrations distributed guidelines setting out their key objectives, also laid out in a January 10 letter to Indonesian President Yudhoyono. The religious leaders called on the central government to respect the decision of the Papuan people to reject “Special Autonomy” as expressed in mass popular demonstrations in June (the “Musyawarah Besar”) and the 11 resolutions which emerged from the mass gatherings (see West Papua Report July 2010). In their letter, the religious leaders called on the governors of Papua and West Papua to forego the selection of new members for the MRP and to sit jointly with the two Papuan parliaments to formally reject “Special Autonomy.” The religious leaders also renewed calls for a central government dialogue with Papuans to address the legal and political status of the region. Finally, the January 10 letter called on President Yudhoyono to order an end to intimidation, terror, and repression of Papuan people.

Two Political Prisoners Face Health Threatening Conditions in Legally Unjustified Police Detention

Filep Karma and Buchtar Tabuni, internationally recognized political prisoners, have faced isolation, inadequate access to food and water, and restricted contact with their families and legal counsel for nearly two months. Police removed the pair from Abepura prison to detention at Abepura police headquarters following a December 3, 2010 riot at the prison (See WPAT/ETAN: Indonesia Respect Rights of Papuan Prisoners Filep Karma and Buchtar Tabuni). Neither has been formally charged in the riot and both contend that they had attempted to mediate between prison authorities and inmates before the riot erupted.

In a January 18 letter to the Chief of Police in West Papua, Tabuni requested that the police explain his legal status, and specifically whether he is a detainee (tapol) or a convicted political prisoner (narapidana). He also asked that if he is being held in police custody for a role in the December 3 riot that he be presented with an arrest warrant. Tabuni also detailed his deteriorating health due to inadequate food, water and access to fresh air and sunlight. He said that during his detention, his father, under pressure of the plight of his son, had “suffered a stroke, fainted and died.” In late January the police sought to declare Buchtar Tabuni a “suspect” in the December 3 riot. Tabuni, who was not accompanied by a lawyer when he was questioned. refused to sign the police document.

The family of Filep Karma has also expressed public concern over the state of his health, also noting the inadequate of food and water.

Under Indonesian law the police may hold a suspect for 60 days without charges. That 60 day limit expires on February 3.

Papua New Guinea Military and Police Attack Villages and Encampments of Papuan Civilians in PNG

Papua New Guinea security forces have launched an operation targeting purportedly West Papuans living illegally in the PNG town of Vanimo and its environs near the northeast border with West Papua. The operation, named “Sunset Merona,” was originally justified as a law enforcement exercise to counter the illegal flow of goods across the border from Indonesian military (TNI) sources that were hurting indigenous PNG businesses. The operation was also to ensure there were no illegal workers within the logging companies from Malaysia and Indonesia operating in the border region. The operation initially focused on remote border camps and villages and made arrests of logging workers and Indonesian military personnel. Tt is believed these initial arrestees were released to make way for refugee arrests after protest from Indonesian diplomatic representatives in Vanimo.

Various sources located in Papua as well as Australia (notably West Papua Media Alerts edited by Nick Chesterfield) have reported on the ongoing operation by a special “joint military and police taskforce” which has displaced approximately 80 men, women and children, so far. More than 30 homes have been destroyed. PNG authorities have placed many of the displaced in a temporary camp while an unknown number of others have fled to the forest. (See https://westpapuamedia.info/2011/01/28/png-troops-burn-down-border-west-papua-refugee-camps-as-refugees-flee-to-the-jungle/ )

The large number of children among those displaced, reportedly more than a third, has prompted expressions of concern by human rights organizations and observers. The special taskforce police in charge of the camps have reportedly refused to provide food for the displaced, but are permitting the local Vanimo Roman Catholic Diocese to provide meals.

According to West Papua Media Alerts, PNG authorities have charged nine men among those picked up with unspecified charges relating to armed activities. Refugee advocates have denied, however, that these people are resident of the camps raided. West Papua. As of late January none of the nine have yet had access to legal representation.

On January 23, police and soldiers from Port Moresby torched 19 houses at Blakwara refugee camp outside Vanimo and trucked the residents to the Vanimo Police Station. According to Barias Jikwa, coordinator of West Papuan refugees living in Vanimo, security personnel also destroyed food and crops at the camp. In Yako, security forces burned 18 houses and destroyed residents’ possessions and food gardens. Yako camp housed over 50 families forced out of Blakwara camp by threats from local landowners allegedly in league with Indonesian military-linked logging interests.

The task force also attacked the villages of Dawi, Wara Duanda, Musu, Dasi, Warakarap, Ambas, Bebfsi and Skotchiou. Security forces razed houses at Dawi (4 houses), Bebfsi (3) and Musu (at least 4). Local human rights monitors are still attempting to confirm the situation in other villages. According to West Papua Media Alerts, there have been no confirmed reports to date that any person has been shot or any weapons discharged in these operations. There have been allegations of severe mistreatment (beatings) in Blakwara and Yako, with at least ten people still in the Vanimo Hospital being treated for their injuries.

Local sources also report that villagers and refugees fled to the surrounding jungle prior to the raids. Among those fleeing reportedly were large numbers of guerrillas who have been asked by PNG Defense Force to surrender.

Jerry Frank, the Royal Papua New Guinea Constabulary (RPNGC) commander of the joint forces for Operation Sunset Merona, told media that all the arrested people are separatists despite clear information that almost all refugees at the attacked camps had been registered as refugees and/or “permissive residents” for many years, and many were non-political. Radio New Zealand International reported that PNG authorities have arbitrarily decided that anyone found not be a citizen of PNG will be considered an OPM activist and sent to the overflowing East Awin refugee camp which is under the control of the UNHCR and attended closely by Catholic relief agencies. However, PNG’s acting deputy police commissioner Fred Yakasa acknowledged that they cannot return refugees to Indonesia to face possible arrest or execution. “It would be wrong to send those people back to Papua to an unknown fate,” Yakasa stated.

PNG is home to around 12,000 West Papuan refugees who fled Indonesian state violence in several major waves since Indonesian annexed West Papua in 1962. Several hundred refugees accepted facilitated repatriation last year with guarantees of land. In PNG, “permissive non-citizens” are allowed to work but not to gain any legal certainty in housing, education or citizenship.

The refugee relief NGO WPRRA called for the PNG government to be held accountable for its “inhuman operations against refugees who took refuge in PNG due to Indonesian brutality,” and that the governments of Vanuatu, New Zealand and others assist these displaced West Papuan refugees in seeking asylum in a third country. WPRRA has also called on the international community to assist in “ensuring the fundamental rights of West Papuans in PNG are respected and protected according to the international law on refugees and human rights.”

West Papua Media Alerts reports that the UNHCR is concerned about the attacks on refugees and the potential for inappropriate actions to escalate. “Our PNG Representative is closely monitoring the situation and in contact with the relevant authorities to ensure the principle of non-refoulement is being respected as the situation becomes clearer,” said Richard Towle, Australia/ PNG Regional Representative for UNHCR.

Papuan Students Say Special Autonomy Has Failed and Mediated Dialogue Is Essential

A Jakarta Post report highlights efforts by Papuan students in Jakarta to persuade the Indonesian government to cancel the 2001 “Special Autonomy” law for West Papua. The students accused the central government of failing to properly implement special autonomy and called for dialogue mediated by a third party to find a solution to the many problems plaguing the region.

Marten Goo from the National Forum for Papuan Students demanded a government review of the 2001 law, arguing that Article 78 of the law requires that the implementation of the law be evaluated every year, with the first evaluation conducted three years after the inception of the law. Marten contended that the government was responsible for existing conflicts in West Papua and even created new conflicts to retain control over Papua’s natural resources.

“With so many problems, including poverty, human rights violations and corruption,” he said, “the central government is halfhearted in implementing special autonomy.” Marten added that the government had deliberately not issued regulations to implement the law in order to keep Papua on a leash. “There is no implementing regulation to support the 2001 law. Therefore everything must be consulted with the central government, which has the power to intervene,” he said. Marten also called for the Papua People’s Council (MRP) to be disbanded and to call off its plans to elect members for the 2011 tenure. (See above for details protests across West Papua calling for the abolition of the MRP.)

“The central government never listens to the Council, which represents Papuans. The government also tried to infiltrate the Council through a Home Ministry decree on Jan. 13, which violates the autonomy law,” he said. That ministerial decree defines Papuans as Melanesians from Papuan indigenous tribes and/or those who are accepted and recognized as indigenous Papuans. (WPAT Comment: There have been allegations that the central government sought to infiltrate non-Papuans into the MRP through this decree.)

Agus Kosay from the Central Mountain Papua Indonesia Students Association (AMPTPI) also speaking in Jakarta on January 27, called special autonomy was “a new form of colonialism.” “Special autonomy was touted as a win-win solution to protect Papuans in terms of empowerment and welfare. But what has happened is that we barely feel safe now,” he said. Agus highlighted the fact that many Papuans still faced discrimination. “There are also numerous cases of human rights violations by security forces, including torture and shooting.”

He said Papuan students and activists faced threats for expressing their opinions. Marten agreed, saying that the central government was in violation of its own law. “Articles 43 to 45 of the autonomy law refer to the protection of indigenous Papuans and their rights. But the military keeps torturing and intimidating Papuans,” he said.

Back issues of West Papua Report

posted at http://www.etan.org/issues/wpapua/2011/1102wpap.htm

PNG troops burn down border West Papua refugee camps as refugees flee to the jungle (westpapuamedia.info)
AFP: Papuans Rally for Independence from Indonesia (westpapuamedia.info)
Parkop Letter to Png Pm Somare: Halt to Police Operation in Sandaun Provinvce. (westpapuamedia.info)
WPAT/ETAN: Light Sentences for Rights Violators Spark Calls for Suspension of Aid to Abusive and Unaccountable Indonesian Military (westpapuamedia.info)
AWPA: West Papua 2010 Chronology of events (westpapuamedia.info)

February 6, 2011 1

Tag: West Papua Advocacy Team

West Papua Report October 2011

West Papua Report September 2011

West Papua Report August 2011

The conferees also agreed on the qualities of those who should be chosen to represent Papuans in the dialogue with Jakarta and identified a list of five prominent Papuans to play that role.

West Papua Report June 2011

West Papua Report
June 2011

West Papua Report February 2011

West Papua Report
February 2011

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