West Papua Report October 2010

West Papua Report

October 2010

This is the 78th 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 historic U.S. Congressional hearing regarding West Papua revealed ongoing human rights abuse by the Indonesian military and continued impunity for those abuses and broad Papuan rejection of Jakarta’s failed policy of “special autonomy.” The hearing also cast light on a U.S. policy that appeared not to have evolved to address the deteriorating conditions in West Papua or an unreformed Indonesian military intent on resisting accountability and civilian control. Subcommittee Chairman’s Faleomavaega’s description of “slow motion genocide” set the tone of urgency that enveloped the hearing. A senior State Department’s prediction that migration and demographic trends would soon make Papuans a minority in their own land underscored that tone of urgency. A Pentagon representative cited reforms scored a decade ago to justify recent expansion of U.S. military assistance to the Indonesian military. The hearing heard a Papuan call for a Jakarta-Papuan dialogue about Papua’s political future and an end to U.S. support for an unreformed Indonesian military.

In other developments, Indonesian security forces killed two Papuans and wounded a third in Manokwari. The victims were a religious leader, his son and his wife. Non-judicial, administrative sanctions against those responsible were shockingly light. A prominent Papuan academic has welcomed the presidential decision to undertake an audit of “special autonomy” fund flow to West Papua, but lamented the reality that the funds have been unaudited over the past decade.

Contents:

Synopsis of “Historic” U.S. Congressional Hearing on West Papua
- Chairman Faleomavaega Describes “Slow Motion Genocide in West Papua”
- Senior State Department Official Acknowledges Looming Minority Status for Papuan; Senior Defense Department Official Ignores TNI Unaccountability to Civilian Authorities and the Courts
- Papuans and Experts Attest to Ongoing Human Rights Violations by The Military, Reject Special Autonomy
Brutal Security Force Action in Manokwari; Responsible Officials Receive Minor Sanctions
Leading Papuan Academic Welcomes Special Autonomy Funding Audit, Noting The Effort Is Ten Years Overdue

Synopsis of “Historic” U.S. Congressional Hearing on West Papua

On September 22, a key U.S. Congressional subcommittee held what the body’s chairman described as an historical hearing, the first ever to be devoted to the subject of West Papua. The hearing, before the Asia, The Pacific and the Global Environment Subcommittee of the House Foreign Affairs Committee, was chaired by Representative Eni Faleomavaega, a House member whose record of concern for the plight of Papuans has long made him the leading member of Congress regarding developments in West Papua.

The lengthy September 22 hearing is summarized below in three sections: the first focuses on Chairman Faleomavaega’s opening statement, followed by a review of statements by senior representatives of the Departments of State and Defense and concludes with reporting on statements by a panel of witnesses that included Papuan and human rights and academic experts.

Chairman Faleomavaega Describes “Slow Motion Genocide in West Papua”

In his opening statement Chairman Eni Faleomavaega, noting the historic nature of the first congressional hearing that “gives voice to the people of West Papua,” spoke bluntly about the plight of Papuans that had prompted the hearing. He described Papuans as facing “slow motion genocide.” He observed that the definition of genocide under international law “accurately describes the crimes against humanity perpetuated by Indonesia’s military.” While complimentary regarding the intentions of Indonesian President Yudhoyono, he recounted in detail his own effort to visit West Papua at the invitation of the Yudhoyono administration. That visit was repeatedly impeded by action of the military.

Faleomavaega was equally blunt in his description of the U.S. role in critical diplomatic initiatives in the early 1960’s and its calculated acceptance of the 1969 annexation of West Papua by Indonesia through the “Act of Free Choice” which Chairman Faleomavaega termed the “Act of No Choice.” Faleomavaega cited declassified official U.S. documents that revealed the cynicism that shaped the U.S. approach: “documents reportedly indicate that the United States estimated that between 85 and 90 percent of Papuans were opposed to Indonesian rule and that as a result the Indonesians were incapable of winning an open referendum.” Faleomavaega said of the U.S. course: “the United States expended the hopes and dreams and the lives of some 100,000 West Papuans who consequently died as a result of Indonesian military rule.” Regarding the Indonesian annexation he added: “Although some challenge this estimate, it is indisputable fact that Indonesia has deliberately and systematically committed crimes against humanity and has yet to be held accountable.”

Faleomavaega placed current U.S. policy in the context of U.S. policy choices made in the 1960’s when the U.S. endorsed Indonesian action “in exchange for Suharto’s anti-Communist stance.” He warned that the Obama Administration’s search for allies in its “war against Islamic militancy,” should not come at the expense of the pain and killing and suffering of the people of West Papua.” The Chairman that he had yet to receive a substantive response to a June 2010 letter to the Administration signed by 50 members of Congress which urged that the Obama administration assign its highest priority to West Papua.

In describing the urgency of the situation in West Papua, Chairman Faleomavaega drew attention to demographic changes: “migration by non-Melanesian Indonesians from elsewhere in the nation appears to be a critical part of the mounting tensions. By some accounts, Melanesian Papuans will be in the minority in their own homeland by the year 2015.” He also noted the role of international corporations such as U.S.-based Freeport McMoran in bringing “shameful woe” to West Papua.

Senior State Department Official Acknowledges Looming Minority Status for Papuans; Senior Defense Department Official Ignores TNI Unaccountability to Civilian Authorities and the Courts

The Administration was represented at the Hearing by senior officials from the Departments of State and Defense: Joseph Yun, Deputy Assistant Secretary (DAS) in the Bureau of East Asian Affairs and Pacific Affairs in the U.S. Department of State and Robert Scher, Deputy Assistant Secretary (DAS) for Defense for South and Southeast Asia. DAS Yun, after stating standing U.S. policy asserting respect for Indonesia’s territorial integrity and support for “special autonomy,” proceeded then to break new ground in his blunt assessment of trends and conditions in West Papua.

Responding to penetrating questions from Faleomavaega, Yun acknowledged that Papuans were on a course to become a minority in their own homeland. Yun said: “(m)y observation is that they are not yet a minority. I think the numbers show that about a 60-40 at the moment … (h)owever, clearly if this trend continues, they will be minority and probably in quite a short time.” He added that he thought Special Autonomy offered “some protection for Papuans, a lot of protections for Papuans and this is why it is important to implement those laws.” (WPAT Note: Special Autonomy does not in fact address natural migration or government-organized migration into West Papua in any meaningful way.)

Yun also expressed public U.S. concern over denial of access for journalists, international NGOs and others to West Papua and called specifically for the return of the International Committee of the Red Cross which has been banned from West Papua since 2009. In discussion with Chairman Faleomavaega following his formal statement Yun appeared to acknowledge the widely held view that the 1969 “Act of Free Choice” did not represent a genuine act of self determination. He noted: “So we do have to recognize integrity of Indonesia, its territorial integrity. But that does not mean that we should ignore history. But at the same time we cannot correct history.”

DAS Scher, speaking for the Pentagon, largely stuck closely to standard U.S. Defense Department talking points focusing less on West Papua and more on a defense of the Indonesian military. Scher sought to portray a reformed TNI but was able to cite only reforms made in the immediate wake of the 1998 overthrow of the Suharto regime and now nearly a decade old: (i.e., “formally removing the military from political affairs, establishing a clear delineation between the responsibilities of the civilian police forces and the TNI and enhancing the authority of the civilian minister of defense.”). He failed to acknowledge that the TNI retains its territorial structure through which it influences politics down to the village level; that the TNI is publicly seeking to assume anti-terror role which would intrude on police responsibility in this area or that the newly named Deputy Minister of Defense is a uniformed military official with a record of human rights violations. Scher’s assertions related to human rights training for TNI personnel and provision of human rights handbooks to TNI personnel are not new and have no proven to be effective. Such measures were in place in the 1990’s and did not prevent TNI atrocities in East Timor in 1999.

Scher also failed to address TNI unaccountability before the law for past or ongoing human rights violations or its failure to comply with Indonesian law to divest itself of its vast business empire which provides a stream of financing which enables it to remain independent of civilian control. Much of that empire is represented by legal and illegal operations in West Papua including logging, prostitution rings and extortion targeting domestic and foreign firms.

Papuans and Experts Attest to Ongoing Human Rights Violations by The Military, Reject Special Autonomy

The Hearing also heard from a panel of expert witnesses that included Papuans, a Human Rights Watch official and two leading academics specializing in Papuan affairs (see here for a list of panel members and the the transcript of their remarks).
The Papuan witnesses reflected a broad range of views. They articulated, often in personal ways, the human rights violations they, their families and Papuans more broadly have endured over four decades of Indonesian control of West Papua. Most of the Papuans told the hearing that Papuans broadly rejected “special autonomy.” In the words of one Papuan witness: “Special autonomy policy is considered by most Papuan people that it does not become Papuans policy but on the contrary it has marginalized more of Papuan people and left them deeper in the cycle of poverty.” Papuans also called for a Jakarta-Papuan dialogue in light of the failure and Papuan rejection of the “special autonomy” policy. They also urged that the U.S. suspend assistance to the Indonesian military unless and until it ended its violations of human rights in West Papua. The Human Rights Watch official notes specifically that impunity for ongoing and past human rights abuse itself constituted an abuse of human rights.

Participants noted that over decades Papuans have been denied effective political control of their own destiny and that participation in elections where candidates are selected by Jakarta-based national parties perpetuated “remote control” by Jakarta. Chairman Faleomavaega acknowledged Papuans fundamental disenfranchisement noting “(t)here’s no question as a matter of principle. Your people were denied that privilege of self- determination.” He admonished, however, that resort to arms to assert this “privilege” (sic … right) was impractical given the disparity in military power between poorly armed Papuan fighters and the TNI.

Brutal Security Force Action in Manokwari; Responsible Officials Receive Minor Sanctions

Indonesian security forces in fired on a large group of Papuans killing two on September 15. On September 16, the security forces, personnel from Indonesia’s militarized police (Brimob), were supplemented by the Indonesian military and the U.S. and Australian-funded Detachment 88 who were brought in to secure the city as thousands of protesters remained in the street.

According to reports from local sources and media, the Brimob firing on the civilians transpired after a traffic accident. According to the local police commander, dozens of townspeople became angry when the alleged driver of the vehicle fled the scene and sought refuge in Brimob headquarters. Brimob personnel fired live ammunition at the agitated crowd, killing the two Papuans and wounding another woman severely. The authorities reported only one injury among the security forces.

Following the Brimob assault on the crowd other Brimob personnel conducted raids throughout the area, allegedly in pursuit of those involved in the melee following the traffic accident. Brimob personnel, according to the authorities, continued live weapons fire during these raids.

A distinctly different version of the violence has been provided by local Papuan sources. According to these sources, the Papuan victims of the violence was a local religious leader, his son and his wife. According to these reports, Reverend Naftali Kuan, from the GPKAI church was shot by Brimob as he sought to calm the crowd. Naftali Kuan’s son Septinus was also killed but how he died is unclear. One account claimed that he was shot roughly at the time his father was killed. A separate account claims that Septinu’s badly beaten body was found in a ravine near the Brimob headquarters on September 16. Kuan’s wife, Antomina, was badly injured by Brimob fire.

On September 25 the Senior Commander Wachyono, Papua police spokesperson, announced the outcome of an internal investigation of the incident. Wachyono revealed that those responsible for the killing of two and serious wounding of a third would receive remarkably minor sanctions: “Four of the 11 were sentenced to 21 days in custody and have had their promotions suspended, and the other seven received 14 days in custody and promotion suspensions.”

WPAT Comment: This violent episode underscores the explosive atmosphere in Manokwari. Dispatch of TNI personnel, and especially troops from the notorious Detachment 88 to Manokwari, is unlikely to defuse tensions significantly. Moreover, the Indonesian government failure to bring those Brimob personnel responsible for the killing of Papuan civilians before a court and the extraordinarily light administrative punishments lodged against the perpetrators can only add to Papuan’s sense of resentment. That resentment is stoked by the reality that Papuans engaging lawful, peaceful protest routinely are hauled before courts and assessed prison terms of ten to fifteen years.

Leading Papuan Academic Welcomes Special Autonomy Funding Audit, Noting The Effort Is Ten Years Overdue

On September 16, the Jakarta Post published an an op-ed by Father Neles Tebay, lecturer at the Fajar Timur School of Philosophy and Theology in Abepura, Papua, endorsing an initiative by President Yudhoyono to conduct an audit of Special Autonomy funds. The audit, to be completed in 2011 would, cover the entire ten year period for which the Special Autonomy policy has been in effect.

Tebay notes the importance of the audit, observing that despite the expenditure of significant funds many Papuans live below the poverty line. Other observers have also noted the dearth of basic government services in the area of health, education, job-creation and sustainable development in West Papua.

While welcoming the audit, Tebay asks pointedly why over the ten years of Special Autonomy policy, this is the first public audit of where the billions of rupiah have gone. Tebay noted the apparent corrupt mis-channeling of funds by local administrations which have proliferated in the wake of the advent of Special Autonomy. Other credible reporting in the past has noted that some Special Autonomy funding was diverted into military coffers to finance military operation such as the widely condemned “sweeping operations” which have led to the displacement and even killing of many Papuans.

Tebay explains that among Papuans there are doubts, “based on past experiences where the government was unable to fulfill all of its promises.” He adds that these doubts have fed “a strong suspicion that the (audit) initiative was publicly announced in efforts to show that the government is responsive to the political crisis taking place in Papua.” He warns that “the government’s failure to eradicate corruption will, in turn, encourage more Papuans to raise the call for a referendum.”

The failure of the Special Autonomy to address fundamental needs for Papuans over the past decade was repeatedly noted in testimony before a September 22 hearing of the U.S. Congress’s Subcommittee on Asian, Pacific and Global affairs (see separate report above). Notwithstanding this failure and ignoring the reality that Papuans have overwhelmingly rejected the policy, U.S. Government officials testifying at the hearing continued to defer concrete action to address problems in West Papua in favor of steps aimed at improving the moribund policy.
http://etan.org/issues/wpapua/2010/1010wpap.htm

October 4, 2010

West Papua Report September 2010

West Papua Report
September 2010
This is the 77th 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.

Summary:

More than a score of international non-governmental organizations called on President Yudhoyono to release Papuan Political Prisoners in commemoration of Indonesia’s August 17 Independence Day. Although the President did release and reduce sentences for convicted terrorists and common criminals on the national day, he did not respond to the appeal regarding political prisoners. The Indonesian Government has banned activities by Cordaid, a Dutch humanitarian organization that has aided poor Papuans for over three decades. The action is reminiscent of the Indonesian Government’s banning of International Committee of The Red Cross in West Papua in 2009. The Indonesian Commission on Human Rights and Papuan churches have urged the Indonesian government to reconsider its security approach in the Puncak Jaya region and address the growing violence there, including attacks on churches. The Indonesian government is under growing pressure to investigate the mysterious murder of a journalist in Merauke. Local police claim he committed suicide. The murdered journalist had built a reputation on investigation of illegal military businesses. The murder comes at a time of growing tension in the area as corporate interests seek to develop a massive food plantation. A video circulating widely on YouTube reveals the final moments of a Papuan bayoneted while in custody as he is taunted by the police.

Contents:

* International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners

* The Indonesian Government Blocks the Operations of International Humanitarian Aid Group in West Papua

* Komnas HAM Speaks out Against Security Forces Operations in Puncak Jaya

* Churches Call for an Investigation of Attacks on Churches in Puncak Jaya

* Government under Growing Pressure to Seriously Investigate Journalist’s Murder

* The Reality of Security Force Brutality in West Papua

International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners

Twenty five international non-governmental organizations have urged President Yudhoyono to release Papuan Political Prisoners. The August 16 letter which on the President to announce the release in the context of August 17 Independence Day celebrations. The letter also urged him to amend the Indonesian Criminal Code which criminalizes peaceful political protest and to investigate and prosecute prison warders guilty of abuse of these prisoners.

The NGO appeal noted that Indonesia’s incarceration of peaceful political dissenters violates Indonesia’s commitments under the International Covenant on Civil and Political Rights which Indonesia ratified in 2006. Indonesian authorities also have incarcerated Moluccans and others engaged in peaceful protest. There continue to be credible reports that political prisoners are being mistreated in custody.

President Yudhoyono has failed to respond to the NGO appeal though he did announce release of criminal prisoners, including those convicted of crimes of violence.

(See here to view full text of the August 16 letter and list of 25 signatories)

The Indonesian Government Blocks Operations of International Humanitarian Group in West Papua

The Jakarta Post, August 6, reported that the Indonesian government has banned Cordaid, a Dutch funding agency, from operating in West Papua. Cordaid has operated in West Papua for over three decades, assisting Papuan NGOs and the Papuan people more generally with a focus on social development and economic empowerment for the poor.

The ban came in the form of a refusal by the Ministry of Social Affairs to extend an existing Memorandum of Understanding that had expired in April of this year. The Government announcement that Cordaid must end its activities came in the form of a July 23 letter from the Social Affairs Ministry that responding to the standard request for an extension.

In rejecting the extension the Ministry, according to the Post, voiced suspicions regarding Cordaid’s exchange program between Papua and Mindanao, a restive region in southern Philippines –the program promoted participation of women in development from a faith-based and women’s perspective. The Government suspicions included purported Cordaid support for separatist elements.

In her written response to the Ministry, Cordaid sector manager Margriet Nieuwenhuis strongly denied that Cordaid helped Papua separatists. “The participants met only with Mindanao community groups and women leaders, not with political actors,” Nieuwenhuis said, adding that the program had been stopped.

The Jakarta Post reported that the July 23 letter also alleged that Cordaid had violated a “principle provision” in the memorandum of agreement with the Indonesian government. The letter claimed that “Cordaid has been involved in commercial and political activities by being a shareholder of Bank Andara and sponsoring the participation of a community group in the “Initiatives for International Dialog (IID).” The Indonesian ministry contended that IID supported secessionist movements in southern Thailand, Myanmar, the Philippines and Indonesia.” The government requested that Cordaid hand over ongoing projects to its local partners and neither expand the scope of the projects nor extend deadlines.

While adhering to the ban, Cordaid said its share in Bank Andara was less than 10 percent and that its participation in the program was directed toward support of microfinance institutions, particularly those with a strong focus on poverty reduction, helping clients who are considered too poor by other financial institutions to get loans.

The government’s policy to ban Cordaid was criticized by prominent human rights lawyer Totdung Mulya Lubis who said the decision was taken “too hastily” and without sufficient evidence. “It could set a bad precedent and lead outsiders to believe Indonesia is isolating Papua,” he said. Lubis pointed out that the government needed foreign donors to help develop Papua, one of Indonesia’s poorest regions. The Post quoted Lubis as observing that “to stop foreign social funding is akin to killing off NGOs in Papua, which almost entirely depend on overseas funding.

WPAT Comment: The decision to close the Cordaid office in West Papua parallels the decision to close down operations there by the International Committee of the Red Cross (ICRC) in 2009. Cordaid, like the ICRC, is seeking to negotiate its return to West Papua quietly. Shutting down the operation of these respected humanitarian organizations is consistent with the Jakarta policy to limit international assistance to Papuans who for decades have suffered from a dearth of basic humanitarian services and respect for human rights, areas of need that Cordaid and the ICRC respectively were manifestly addressing. The decision also is consistent with Jakarta’s long standing campaign to limit international awareness of Papuan suffering. Finally, it is noteworthy that closing the operation of these two organizations which have done so much good for Papuans was a decision taken exclusively by Jakarta with no involvement of Papuans. These two episodes underscore that the promise of “special autonomy” is hollow.

Komnas HAM Speaks out against Security Forces Operations in Puncak Jaya

The Papuan branch of the National Human Rights Commission (Komnas HAM) urged the Indonesian police and military to cease their military operations in Puncak Jaya district, in an August 11 statement by Mathius Murib, deputy chair of the organization in Jayapura. The public appeal came on the heels of a visit to the area by a Komnas HAM team to investigate recent incidents. The team, which Murib led, urged senior police officials in Puncak Jaya to initiate legal proceedings against all those persons or groups involved in the Puncak Jaya case from 2004 rather than simply employ armed force.

Murib noted that from 17 August 2004 up to August 2010 the inhabitants of Puncak Jaya have lived in a constant state of trauma because of reports that dozens of civilians as well as members of the security forces have been killed in Puncak Jaya. Murib urged that the police and the military immediately stop all operations to hunt people down in Puncak Jaya district and consider instead other ways of resolving the problems there. “We believe that force of arms or other forms of violence will never resolve these problems and will only lead to yet more problems and more casualties,” he said.

He also urged the civilian population in the area to remain calm, work together, and avoid being provoked by irresponsible elements. Murib said that Komnas HAM will be urging the district chief of Puncak Jaya as well as civil society, in particular the church, to draft a comprehensive account of developments during the current year. Murib explained that the role of the church in particular was important.

Churches Call for an Investigation of Attacks on Churches in Puncak Jayaa

Church leaders in the Puncak Jaya region on August 18 called for an investigation of shootings which have targeted churches in Puncak Jaya since 2004. Rev. Socrates Yoman, President of the Fellowship of Baptist Churches in Papua, called for creation of an “independent team” to investigate the attacks.

The Jakarta Post reported that Yoman’s call has been echoed by other Papuan religious leaders including the Indonesia Christian Churches (GKI) of Papua, Indonesia Bible Churches, the Kingmi Synod of Papua, the Catholic Diocese of Jayapura. All specifically call for an independent investigation of the attacks.

For its part, the Fellowship of Baptist Churches of Papua urged the provincial council and the Papuan People’s Assembly (MRP) to immediately invite the Governor and police and military chiefs to explain about the violence to the public and appealed to people to remain calm.

Government under Growing Pressure to Investigate Journalist’s Murder Seriously

The July 30 murder of journalist Ardiansyah Matra’is in Merauke and the failure of the Indonesian police to seriously investigate the crime has drawn growing criticism.

A police autopsy of the victim revealed that Matra’is was struck by several blows before falling into the water and drowning in Maro River, Merauke. The Indonesian police spokesman in Jakarta acknowledged that several of Matra’is teeth were missing and that there was swelling in several parts of his body, wounds likely to have resulted from his having been struck with a blunt implement. The Merauke police, however, rejected the announcement in Jakarta, saying that Matra’is had probably committed suicide.

Nezar Patria, the chairman of the Alliance of Independent Journalists (AJI) stated that the police should immediately investigate who murdered Matra’is, adding that it had sent a representative to visit Jayapura and trying to arrange a meeting in Jakarta with the national police.

Forkorus Yoboisembut, the chairman of the Papuan Customary Council, suggested President Susilo Bambang Yudhoyono to set up an independent team to investigate the murder of Matra’is as well as Ridwan Salamun, a Sun TV stringer in Tual, Kei Island, on August 21.

Yoboisembut told the Voice of Human Rights radio that many parties have interest in not having the police to seriously investigate the Matra’is murder. “I think if the case is investigated, many parties will be implicated, prompting the investigation to be delayed up to now, a month after the murder.”

Matra’is is the son of a Javanese transmigrant in Merauke. He worked mostly as a freelancer, including his latest work for the Tabloid Jubi website. He is survived by his wife and two children.

The Voice of Human Rights reported that Matra’is had earlier written reports on illegal logging around Jayapura as well as military businesses in Merauke. The killing transpired at a time of growing tension in the Merauke area associated with a plan backed by the local government and Jakarta to create a massive plantation. The “development” plan would severely impact local Papuans who rely on the forest and other lands that would be consumed by the project. Local opposition and local media coverage of that protest has been under growing pressure from local authorities. Some journalists received threatening text messages in the week during which Matra’is was murdered.

Complicating any effort to understand or resolve this crime is the infiltration of intelligence personnel into the ranks of journalists. The Voice of Human Rights named two men who had allegedly worked for the intelligence and infiltrated the Tabloid Jubi website. One of them is a Javanese man who originates from Rangkas Bitung, West Java, but went to college in Yogjakarta, who claimed that he is an NGO activist but also a car workshop owner, a crocodile skin trader and a political analyst. His writing revealed his Indonesian military-styled analysis about the failures of local elites in post-Helsinki Aceh and in Sarmi, Papua. He has disappeared from Papua after the Matra’is murder.

West Papua Report August 2010

West Papua Report
August 2010

This is the 74th 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. Beginning with this edition the West Papua Report will include a Bahasa Indonesia translation of the summary and subject titles. 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.

Summary:
Fifty members of the U.S. Congress, under the leadership of House Foreign Affairs sub-committee chairs Faleomavaega and
Payne, have written to President Obama to express their deep concern about West Papua, noting indications of Indonesian
“slow-motion genocide” against Papuans. The Representatives strongly urged President Obama to give West Papua a high
priority in U.S. policy towards Indonesia and also called on him to meet with Papuans in his scheduled November visit to
Indonesia. The Obama Administration has announced it will open contact with the infamous Indonesian Special Forces (Kopassus), notwithstanding a decade old Congressional consensus against ties with that group unless and until that unit undergoes fundamental reforms. Papuan Political Prisoner Filep Karma told international media that U.S. support for Kopassus would only increase that units capacity to repress Papuans. An International Court of Justice opinion granting Kosovo the right to declare its independence would appear to have implications for Papuans pursuit of self-determination. Indonesian analysts assess that Indonesian central government unwillingness to dialogue with Papuans inevitably leads Jakarta to resort to its repressive “security approach.” Reports of abuse of Papuan prisoners in Indonesian prisons by their Indonesian guards continue. The Indonesian Seafarers Association has revealed Navy and Fisheries Ministry collusion with foreign fishing vessels illegally fishing in Papuan waters. The report also notes the role of foreign fishermen in the transmission of HIV/AIDS in Papuan ports of call.

Contents

• Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua

• U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua

• International Court of Justice Ruling of Kosovo Independence May Have Relevance for West Papua

• Jakarta’s Unwillingness to Dialogue with Papuans Endangers Peaceful Resolution of Papuan Claims

• More Reports of Prisoner Abuse in West Papua

• Indonesian Navy and Fisheries Ministry Collude with Illegal Foreign Fishing Vessels

Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua

The Chairs of the U.S. Congressional Subcommittees on Asia, the Pacific and the Global Environment, Rep. Eni F.H. Faleomavaega, and Chairman Donald M. Payne of the Subcommittee on Africa and Global Health have spearheaded an effort in Congress calling upon President Obama to “make West Papua one of the highest priorities of the Administration.”

As a result of their efforts, 50 members of the U.S. Congress signed a letter to the President stating that there is strong
indication that the Indonesian government is committing genocide against Papuans. Many of those who signed the letter are members of the Congressional Black Caucus. The signatories include men and women who fought for civil rights in America in the 1960s. In addition to the Congressional Black Caucus, many others who are long-time advocates of human rights joined this request to the President of the United States, including members of the Hispanic Caucus. The last remaining member of the Kennedy family in Congress, Rep. Patrick Kennedy from Rhode Island, also joined the letter to President Obama.

An August 1 press release from Representative Faleomavaega’s office notes that the letter to the President “suggests that slow motion genocide has been taking place in West Papua and reviews findings by human rights organizations and scholars who have conducted extensive research about crimes against humanity and genocide by Indonesian security forces.”

The press release also observes that “according to international agreements, other nations are legally obligated to intervene
when a genocide is in process and Members of Congress remain hopeful that President Obama and the U.S. State Department will hold Indonesia accountable.”

Members concluded their letter by encouraging the President to meet with the Team of 100 from West Papua during his upcoming visit, noting that President Obama has the opportunity to bring lasting change to this part of the world. While Papuan leaders have repeatedly tried to engage in dialogue with the Indonesian government, dialogues have failed to produce concrete results and Papuan leaders are now calling for an International Dialogue. In this context, signatories of the letter have asked President Obama to meet with the people of West Papua during his upcoming trip to Indonesia in November.

U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua

The U.S. government announced that it is resuming contact withthe Indonesian Special Forces (Kopassus). U.S. Secretary of
Gates, visiting Jakarta July 22, announced the decision with
caveats, noting that the resumption of contact would proceed “in
accordance with U.S. law, only on the basis of future reforms
within Kopassus.” Specifically, Gates told media that the U.S.
would undertake a “gradual, limited program of security
cooperation activities,” conditioned on “continued reform” (sic)
within Kopassus and the TNI. According to Gates, the engagement
“may be initially limited to including Kopassus officials in
“conferences and events involving non-lethal subjects like rule
of law, human rights and the military decision-making process.”

According to the 2001 Leahy Law, the the U.S. Administration can
not proceed beyond contact/consultations to actually resuming
training and weapons funding for Kopassus absent Indonesian
government action to ensure justice in any cases of “gross
violations of human rights” involving Kopassus personnel (past,
current or future). In the language of the law, “If the
Secretary of State has credible evidence that such unit has
committed gross violations” the U.S. Government is disallowed
from expending funds unless “the Secretary determines and
reports to the Committees on Appropriations that the government
of such country is taking effective measures to bring the
responsible members of the security forces unit to justice.”

Sign the petition opposing U.S. cooperation with Kopassus

The career fates of a number of prominent and not so prominent
Kopassus officers with credible claims of human rights
violations in their records have been and continue to be the
focus of much debate in Washington regarding U.S. aid to
Kopassus. In recent months the U.S. has quietly pressed for the
Indonesian government to scrub abusive officers from Kopassus’s
rolls.

One of the Kopassus officers upon the policy debate has focused
is Lt. Col, Tri Hartomo who was convicted in 2003 of the
“torture murder” of Papuan political leader Theys Eluay. Hartomo
was sentenced to 42 months in prison. That sentence, and even
shorter sentences handed down against the other six Kopassus
personnel convicted in the case, pale beside those handed out to
Papuans for nonviolent crimes such as displaying the Papuan
“morningstar flag.” Moreover, Hartomo upon release returned to
Kopassus ranks. General Sjafried Sjamsuddin, appointed deputy
Defense Minister earlier this year, is a Kopassus officer
similarly charged with egregious human rights abuses, notably in
East Timor. The U.S. administration’s casual claim that the
general was “only implicated’ and not “convicted” of numerous
human rights abuses begs the broader reality that Sjamsuddin,
like so many other senior Kopassus and TNI officers, has managed
to evade any trial for his behavior in Indonesia’s flawed
justice system. The U.S. administration’s willingness to look
the other way regarding Sjamsuddin contrasts with its decision
in September 2009 to deny Sjamsuddin a visa to visit the U.S.

The U.S. Administration’s decision to move forward to resume
ties to Kopassus notwithstanding its insubstantial reforms has
particular relevance for West Papua. Twenty percent of
Kopassus’s 5,000 personnel are stationed in West Papua. Human
Rights Watch, in a June 2009 report, documented continued
Kopassus human rights abuse targeting Papuans in the Merauke
area. Political Prisoner Filep Karma, convicted of non-violent
protest in 2001 and sentenced to 15 years imprisonment, told
media in late July that U.S. assistance to Kopassus would simply
increase the capacity of that unit to torture and kill Papuans.

see

• ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia’s
Kopassus Killers

• WPAT: Statement Regarding the U.S. Government’s Decision to
Resume Cooperation with Indonesian Special Forces (Kopassus)

International Court of Justice Ruling of Kosovo Independence May
Have Relevance for West Papua

The International Court of Justice ruled, July 22, 2010, that
the Kosovo 2008 declaration of independence from Serbia did not
violate international law. The decision flowed from the
submission of a question by the government of Serbia to the ICJ
which won the support of 77 members of the UN General Assembly
(including Indonesia). That initiative sought (unsuccessfully)
to secure an ICJ ruling that the Kosovo declaration was illegal
under international law.

The ICJ decision has drawn broad international comment, much of
it arising from the prospect that other cases involving
secessionist movements might be advanced by this “Kosovo
precedent.” The Kosovo case was the first case of unilateral
secession to be brought before the ICJ.

Thus far, there has been no systematic attempt to apply the ICJ
decision to the case of West Papua. Nevertheless, several
principles established within the ICJ decision may apply to the
call by some Papuan organizations and individuals for a Papuan
“right to self-determination.” These include the ICJ’s
acceptance of the presumption in international law that civil
and human rights, including the rights of minorities, should be
protected. A Dutch government submission to the ICJ in the
Kosovo case, for example, would appear to be relevant to the
West Papua circumstance: “The people of Kosovo had the right to
self-determination and secession from Serbia because the
Belgrade authorities systematically violated civil and human
rights of Albanians for years. International law thus allows the
proclamation of Kosovo’s independence.” The violation of Papuan
civil and human rights is well-established including by reports
of UN special rapporteurs, various governments (including annual
reports by the U.S. State Department) and respected
international NGOs and journalists.

A second principle established by the July 22 ICJ ruling of
possible relevance to West Papua addresses the “right to
self-determination” itself which the ICJ earlier found in the
case of East Timor to be jus cogens, a fundamental principle of
law accepted by the international community, and that this right
extends to all peoples, not only those emerging from a colonial
context. The right is also enshrined in Article 1 of the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
Indonesian is a party to both covenants.

Jakarta’s Unwillingness to Dialogue with Papuans Endangers
Peaceful Resolution of Papuan Claims

The Jakarta media in July reported on the deteriorating
prospects for peaceful settlement of a rising tide of Papuan
discontent over the failure of “special autonomy” in West Papua.
The July 29 Jakarta Post carried a report by Max Sijabat which
emphasized that efforts to address “long-standing problems” were
in “limbo” due to an absence of dialogue. Analysts cited in the
report drew special attention to the June 9-10 consultation in
Jayapura among 450 leading Papuans (see July 2010 West Papua
Report ) who urged among other things, formal rejection of
“Special Autonomy.” The report cited leading Papuan civil
society figure Benny Giay as noting that the consultation that
Special Autonomy funds “only enriched local elites, while most
indigenous people have been marginalized by immigrants or remain
isolated in the jungle.”

Statistics revealed by consultation participants underscored the
extent to which Papuans remain marginalized in their own lands:
Poverty among Papuans stands at over 81 percent while 70 percent
of residents with HIV/AIDS In West Papua are indigenous Papuans.
Underscoring Giay’s point regarding failure of special autonomy
to address Papuan needs, the consultation revealed that 95
percent of local budget funds “are spent outside Papua.”

According to the Jakarta Post, Agus Alua, spokesman for the
Papuan Peoples Consul (MRP), noted that Jakarta has declined to
draft regulations that would allow the Papuan MRP and the
provincial legislature to issue regulations, including
affirmative action for indigenous people and the settlement of
human rights abuses.

Muridan S. Widjojo of the Indonesian Institute of Sciences
(LIPI), who was assigned by President Susilo Bambang Yudhoyono
in 2005 to identify the most serious problems in Papua, spoke
candidly about the current situation. He told the Jakarta Post
that the Indonesian Government “should learn from now
independent Timor-Leste and the peace talks ending the war with
separatists in Aceh. In Timor Leste, he said, “we relied too
much on the Indonesian Military and the National Intelligence
Agency.”

As in the Suharto era, Jakarta has relied heavily on the
“security approach” to address Papuan discontent and, also as in
the Suharto era, has sought to hide the resultant suffering of
the Papuans behind a a curtain of restrictions that impede or
bar journalists and others from covering developments in West
Papua.

A July 27 Jakarta Post article, authored by prominent Papuan
religious leader Father Neles Tebay, argued that the symbolic
action of handing back the Special Autonomy law would complicate
an already difficult situation for the government, specifically
in its diplomatic efforts to convince the international
community that the autonomy law is fully implemented and has
improved Papuan prosperity.

More Reports of Prisoner Abuse in West Papua

The Jakarta Globe on July 12 carried a detailed report of a July
11 prisoner “riot” in Abepura prison. The violence reportedly
erupted after prison guards beat another inmate and stole his
money.

The report comments that “Abepura Penitentiary has a wretched
security record, with mass breakouts occurring regularly at the
facility. In May, 18 inmates escaped during a protest by
correctional guards over the sacking of then chief warden
Antonius Ayorbaba.

In June, 26 prisoners broke out by scaling down a prison wall
using a rope strung together with bed sheets. Only two inmates
have been recaptured.

“Several correctional guards refuse to cooperate with the new
warden, leading to gross derelictions of duty that have left
security at the penitentiary in an appalling state,” Nazaruddin
said after the June breakout.

Separate reporting of prisoner beatings, failure to provide
adequate medical care are common. A UN Special Rapporteur in
2007 detailed systematic abuse of prisoners. More recent
reporting by Human Rights Watch, Amnesty International and
others have reconfirmed those findings.

A resolution addressing the detention of Papuan political
prisoners is currently gaining co-sponsors in the U.S. Congress.

Indonesian Navy and Fisheries Ministry Collude with Illegal
Foreign Fishing Vessels

Papuans and foreign observers have long been critical of the
Indonesian government for failing to protect Papuan forest
resources which have been exploited, often illegally, with no
attempt by security forces to protect those resources. There are
many well documented reports of security force collaboration
with those involved in the illegal exploitation.

Recent studies by the Indonesian Seafarers Association (KPI),
reported in the July 28 Jakarta Post, document security force
failure to protect Papuan sea resources as well. The KPI study
revealed that although the Maritime Affairs and Fisheries
Ministry had stopped issuing permits to foreign fishing vessels,
thousands were still freely operating. The foreign vessels,
mostly from the Philippines, South Korea and Thailand, fish
illegally with impunity due to the failure of the Indonesian
Navy and Maritime Affairs and Fisheries Ministry ships to
protect Indonesian waters. Instead, “many Navy and Ministry
ships regularly patrol the waters – not to catch illegal fishing
vessels but to extort money from them,” according to KPI
chairman Hanafi Rustandi.

The Seafarers study also revealed that the government’s failure
to control the operation of foreign fishing vessels, contributed
to an increase in cases of HIV/AIDS in the country’s eastern
regions of Papua and Maluku. The KPI study revealed that the
highest prevalence of HIV/AIDS cases are in two fishing ports in
Maluku and in and Papua’s coastal regencies, including Merauke,
Mimika and Fakfak.

KPI Chairman Rustandi noted that foreign ships cost Indonesia
dearly in terms of fish, and have caused incalculable damage in
terms of facilitating the spread of HIV/AIDS in the region.

August 9, 2010

STATEMENT BY THE WEST PAPUA ADVOCACY TEAM REGARDING THE U.S. GOVERNMENT'S DECISION TO RESUME COOPERATION WITH THE INDONESIAN SPECIAL FORCES (KOPASSUS)

STATEMENT BY THE WEST PAPUA ADVOCACY TEAM REGARDING THE U.S. GOVERNMENT’S DECISION TO RESUME COOPERATION WITH THE INDONESIAN SPECIAL FORCES (KOPASSUS)

The decision of the Obama Administration to begin “gradual and limited” engagement with the Indonesian Special Forces (Kopassus) ignores more than a decade-old, bi-partisan, bi-cameral Congressional consensus opposing assistance to that organization.

Opposition to U.S. military cooperation with Kopassus is based on that unit’s undisputed record of human rights abuse, criminality and unaccountability before the law. U.S. Administration claims that the organization has recently adopted a reform course is belied by credible independent reporting that Kopassus continues to abuse human rights with impunity. A June 2009 Human Rights Watch report detailed Kopassus abuse of civilians in Merauke in the troubled province of West Papua.

Administration claims that those Kopassus personnel “convicted” of human rights abuse have been removed from the organization ignores the reality that the impunity enjoyed by Kopassus personnel for decades has ensured that only a handful of Kopassus personnel have ever faced justice in a credible criminal court. In a rare example of judicial action, seven Kopassus officers were convicted of the 2001 murder of the leading Papuan political figure, Theys Eluay. Of the seven convicted of what the judge in the case termed a “torture-murder,” all remain on active duty after serving brief sentences (the longest being three and one half years imprisonment). Six left Kopassus but one remains in the organization.

Administration assurances that any Kopassus candidate for U.S. training will undergo “vetting” by the State Department ignores past failures of the State Department to screen out Kopassus rights abusers and criminals.

The Administration announcement correctly notes that since the fall of the dictator Suharto, with whose military the U.S. military maintained close ties, Indonesia has been on a democratic course. But the Administration fails to acknowledge that the gravest threat to ongoing democratic progress is the Indonesian military which continues to evade civilian control. Despite 2004 legislative requirements that the military divest itself of its vast empire of legal and illegal businesses by 2009, the military retains this source of off-budget funding.

Kopassus and other military personnel continue to enjoy impunity before the law for human rights abuse and criminal activity including people trafficking and drug running as acknowledged in past U.S. State Department human rights reporting.

The Indonesian military, and particularly Kopassus and intelligence agencies continue to repress peaceful protest, most notably targeting the people of West Papua. The military, especially Kopassus, but also the U.S.-funded “Detachment 81” and the militarized police (BRIMOB), routinely intimidate, threaten and accost Papuans who non-violently resist denial of fundamental rights, illegal expropriation of their lands and marginalization. Military and police units have repeatedly conducted purportedly anti-rebel “sweep operations” in the remote Central Highlands forcing thousands of villagers into the forests where they suffer lack of food, shelter and access to medical care. Twenty percent of Kopassus personnel (approximately 1,000 personnel) are stationed in West Papua.

The U.S. Administration’s decision to resume cooperation with the most criminal and unreformed element of the Indonesian military removes critical international pressure for reform and professionalization of the broader Indonesian military. It signals to Indonesian human rights advocates who have born the brunt of security force intimidation that they stand alone in their fight for respect for human rights and genuine reform in Indonesia.

contact: Ed McWilliams, edmcw@msn.com, +1-575-648-2078

July 22, 2010

Tag: West Papua Advocacy Team

West Papua Report October 2010