Tag: west papua media alerts

Charges against two Papuan defendants at variance with other court documents; also, statement by Warinussy

JUBI, 31 March 2011 

The formal indictment presented in court against Mecky Bleskadit and Dance Yenu who are facing the charge of unfurling the 14-star flag  in Manokwari last December is at variance with the verbatim report submitted to the court by the police.

A member of the legal team of the defendants, Simon Richard Banundi, said that the charge sheet  does not reflect the contents of the interrogation report which provides a chronological account of the police arrest and they intend to make a formal complaint about this when they submit their demurer (eksepsi) at the next hearing of the case on 5 April.

Banundi said that the two defendants were facing charges under Article 106  of the criminal code for makar and they are also accused of being separatists. The charge sheet also makes reference to Articles 107 and 110 for alleged provocation of a large number of people. After the indictment was read out, the hearing was adjourned and will continue on 5 April.

Yan Christian  Warinussy, co-ordinator of the defence team, later told the press that  when submitting their demurer, he would deal at length with the continuance in force of the makar article and the other articles used in the charge sheet. These articles are being used to silence Papuan activists whenever they give expression to their aspirations and can even result in their ending up behind bars.

The two defendants along with five others were involved in an incident when they unfurled the 14-star flag to commemorate the anniversary of the declaration of West Melanesian independence on 14 December 2010 in Manokwari, West Papua.

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In a statement issued on the following day, the co-ordinator the defence team, Yan Christian Warinussy said that even though articles 102, 106, 108 and 110 can be described as being ‘karet’ (highly flexible), they have been used since the days of President Sukarno and up to the present era of reformasi. to silence people holding  views contradictory to those in power and are still being used by elements within the judiciary and including the police, against people calling for democracy in the Land of Papua as well as in Maluku and Aceh.

He said that the activities that had been undertaken by the two defendants last December had led to charges of makar whereas what they had done should not be seen as makar or separatism. Makar should be seen as an act involving armed violence  or violence. Can the expression of people’s aspirations  such as unfurling the 14-star flag or the Morning Star flag (kejora), or singing the song, Hai Tanahku Papua be branded as makar or separatist?

The government should stop using these articles and there should be a judicial review and an end should be put to using these articles to silence democratic actions in the Land of Papua.

A movement must be launched to call for a judicial review of the makar article must secure the support of all components of society as well as the local governments of Papua and West Papua.

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Call for judicial review of makar article

JUBI, 31March 2011 

‘Makar’ should be tested before Constitutional Court

Yan Christian Warinussy, the executive director of LP3BH, the Instituteof Research, Analysis and Development for Legal Aid, has called on the Dewan Adat Papua, the Papuan Customary Council, to submit the ‘makar‘ -subversion – article in the Indonesian Criminal Code/KUHP to the Constitutional Court for a judicial review.

‘I call on DAP together with the Papuan people to seek a judicial review of the makar article before the Constitutional Court because it  is no longer appropriate for such a law to remain in force in a democratic country like Indonesia. ‘Other democratic states around the world don’t have such a law,’ he said, ‘because it is so out-of-date.’

He said that this should be recognised by all components of Papuan society, including DAP and should be tested by a judicial review.’

If this article continues to remain in force, the police will be able to make use of it to arrest Papuan activists when they give expression to their political aspirations to the government. This includes rejecting the special autonomy law and calling for dialogue as the way to resolve the Papuan issue and various other problems in Papua.’

This article can also be used by prosecutors and judges to convict Papuan civilians and activists when raising problems that they confront. ‘In my opinion, this article will continue to be used  to round up and imprison indigenous Papuans whenever they give voice to their aspirations.

He said that the police continue to use articles 106 and 107 of the criminal code on subversion and incitement to detain Papuan activists whenever they raise any problems in Papua, he said.

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Unions call on Indonesia to release arrested nurses

ACTU MEDIA RELEASE :  

Tuesday, 29 March 2011


Unions call on Indonesia to release arrested nurses


Australian unions have called on the Indonesian Government to respect international labour Conventions and human and trade union rights following the arrest of five nurses in West Papua.

ACTU President Ged Kearney said it was outrageous that the nurses had been detained for nine days and were reportedly subjected to long periods of police interrogation, simply because they had supported an industrial campaign to ensure they received their contracted entitlements.

“It is disturbing that at the same time as workers in North Africa are beginning to benefit from newfound democratic freedoms, repression of basic human rights including the freedom of association is taking place in our region,” Ms Kearney said.

“These West Papuan nurses were pursuing their legitimate rights and it is obscene to think they are languishing in jail.

“I am advised that more than 1500 nurses took spontaneous and unprecedented industrial action in response to an announcement that the Government of the province of West Papua had withdrawn industrial payments.

“We are told that in an attempt to intimidate the nurses and to force them back to work, five nurses were arrested.

“The intimidation has failed and the nurses and their community are more resolute than ever in their determination to secure the release of the five nurses and to win the industrial campaign.

“However it is simply outrageous that this type of intimidation and violation of human and workers’ rights is occurring.”

Ms Kearney said the arrests of the nurses, including two officials of the National Union of Indonesian Nurses, was a heavy-handed and excessive response to nurses pursing a legitimate industrial campaign in support of their contracted entitlements.

“This action is a clear breach of ILO Convention 87 (Freedom of Association and Protection of the Right to Organise), which was ratified by Indonesia in June 1998.

“It violates the fundamental human and trade union rights enshrined in C87 and reflects poorly on the Indonesian authorities.

“The Indonesian Government should take immediate steps to release the nurses, to remove all charges and to enter a constructive dialogue with the National Union of Indonesian Nurses to resolve these issues.”

Media contact: Rebecca Tucker ph (03) 9664 7359 or 0408 031 269; rtucker@actu.org.au

 



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Australian Nurses Demand Release of Jailed Nurses in West Papua

Media release

ANF demands release of jailed nurses

29 March 2011

The Australian Nursing Federation is calling for the immediate release of five nurses in West Papua who have been jailed by the Indonesian government for taking industrial action.

ANF acting federal secretary Yvonne Chaperon said eight nurses and midwives were originally detained by the criminal investigation unit of the Papuan police in Jayapura for their involvement in industrial action. Five nurses remain in jail.

“The nurses and midwives at the DokII Hospital in Jayapura were promised an incentive payment over a year ago and were suddenly informed on 30 December 2010 that the local authority had rescinded the decision to pay them. This led to a decision by the nurses and midwives to take industrial action and the subsequent detention and interrogation of five nurses.”

Ms Chaperon said the Australian Nursing Federation, representing over 200,000 nurses and midwives nationally, condemned the excessive response by the Indonesian Government.

“These nurses and midwives were exercising a democratic right to take industrial action in response to a decision that was made without reason or warning to withhold an incentive payment they had been promised more than a year ago,” Ms Chaperon said.

“We stand united with our colleagues in West Papua and call for their immediate release. They must be allowed to return to their homes and families without the threat of further intimidation or harassment.”

Media enquiries: Cathy Beadnell 0400 035 797

The ANF, with over 200,000 members, is the professional and industrial voice for nurses, midwives and assistants in nursing in Australia.  For more information, go to www.becausewecare.org.au.

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Medical staff take their complaints to the DPRP and to the govt in Jakarta

Bintang Papua, 23 March 2011

The secretary of the provincial administration of Papua has been
reported to the police by nurses and midwives who work at the hospital for his deceitful actions towards the medical staff and for conveying false information to the public. He had promised to pay monthly ‘incentives’ to the staff throughout 2010 but this has failed to
materialise.

Hundreds of nurses and midwives demonstrated outside the office of
provincial legislative assembly, the DPRP and outside the office of the
provincial governor.

The lawyer, Anum Siregar told the press that the provincial secretary ,
Constan Karmadi, had deceived the public when he promised as long ago as December 2010 that incentives would be paid as promised, describing it at the time as a ‘Christmas present’.

The medical staff are planning to make a formal complaint against the
provincial secretary to the Administrative Court, pointing out that
Instruction 125/2010 has been issued for the payment of the incentives, only to be cancelled out by a later instruction that withdrew any such payments.

Letters have also been sent to President Susilo Bambang Yudhoyono , as well as to Vice-President Budiono about all this as well as about the
arrest of five nurses and midwives who work at the general hospital, or
alleged incitement in bringing other members of the profession out on
strike, which resulted in a breakdown in the provision of services at
the hospital. The arrested nurses are now being treated as ‘suspects’.

The lawyer said that the hospital authorities had acted in violation of
the regulations and in a very irresponsible way.

When a journalist from Bintang Papua approached the director of DokII
hospital, Dr, Maurits Okasaray, for a comment on this situation as he
was seen leaving the police criminal investigation unit, he refused to
say anything, remarking only that the question should be put the police authorities who are investigating the matter.

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