Tag: west papua media alerts

Report of the arrest of John Magai Yogi and two of his colleagues at Polres Nabire

YLSM News:

Report of the arrest of John Magai Yogi and two of his colleagues at Polres Nabire

Jhon Magai Yogi is the son of General Thadius Magai Yogi, the Comander of the TPN – OPM Dev II Makodam Pemka IV Paniai with its headquarters in Eduda, was arrested yesterday 26 Feb 2011 by security forces TNI/Police after being sent from Enarotoli on an Aviastar aircraft. At this time he is being held in detention in Kores (Police HQ) Nabire together with two of his colleagues who until now are unidentified.

The reason for their arrest are not yet known. The Me Tribe ltraditional leaders Mr Yakobus Muyapa and Mr Daud Kadepa have also reported today to the Nabire police station. They have asked the authorities to immediately release those arrested at the police post because Nabire and Paniai are designated calm areas in comparison to other areas in Indonesia.

While there is a Papuan independependence struggle in Nabire and Paniai, especially in Eduda Mabes TPN/OPM Paniai, there is an ongoing commitment to peaceful non-violent struggle, a struggle that is proper and valued by the entire West Papuan community in our land. These two leaders will again approach the Police head in Nabire on Monday 28 Feb. for further consultation said Daud Kadepa via mobile phone on 27 Feb at 2.31pm.

After I heard the report of the arrest John Magai Yogi’s phone was not yet able to be answered as it had been confiscated by the arresting authorities.

For John Magai Yogi’s Mobile Phone number while in detention at the Police Station in Nabire, please contact: +62 821 981 48668

Related Articles
0

SMH: A Worm Inside the New Indonesia

FYI – Media Information

[With reflections on West Papuan situation.]

The Sydney Morning Herald
February 26, 2011

A Worm Inside the New Indonesia

by HAMISH McDONALD

WITH popular uprisings turfing out rulers in Tunisia, Egypt and perhaps elsewhere in the Arab world, a lot of analysts have focused on fears of ”contagion” in other regions, notably on China’s censorship of news reports about the protest wave in the Middle East.

Yet the Middle East event that might have the most far-reaching effect is not the awakening of the Arab ”street” against authoritarian rulers, but the vote in a United Nations supervised referendum a month earlier.

The largely African people in the south of Sudan voted overwhelming to secede from their Arab-dominated country and form a new nation – a result accepted by the Khartoum government and its main foreign backers, including China.

This has followed the declaration of independence from Serbia by Kosovo in 2008 that was accepted by most of the world and approved by the International Court of Justice, and Russia’s unilateral recognition of Georgia’s South Ossetia and Abkhazia as sovereign states soon afterwards in retaliation. It has left respect for the ”territorial integrity” of states and post-colonial boundaries somewhat tattered.

Already the example is being applied to an intractable issue right on Australia’s border and forming the touchiest part of what many see as our most important foreign relationship – the question of West Papua, the western half of New Guinea now part of Indonesia.

As Akihisa Matsuno, a professor at Osaka University, pointed out this week in a conference at Sydney University’s Institute of Peace and Conflict Studies, South Sudan and Kosovo take West Papua out of the usual context of debate about the rights and wrongs of its decolonisation from Dutch rule in 1962 and ”act of free choice” under Indonesian control in 1969.

Kosovo’s independence was a case of ”remedial secession”: no states claimed the Kosovars had a right to self-determination, there was just no prospect of its peaceful reintegration back into Serbia or the rump Yugoslavia. Protection of people in Kosovo had more weight than Serbia’s territorial integrity.

Sudan became independent in 1956 from British rule, but has been in civil war most of the time since, with a 2005 peace agreement finally conceding a referendum. This suggests lack of integration between territories ruled by the same colonial power can justify a separate state, Matsuno said. ”This means that colonial boundaries are not as absolute as usually assumed.”

Indonesia itself went down this path in 1999 by insisting, for its domestic political reasons, that East Timor’s vote in 1999 was not a delayed act of self-determination that should have been taken just after the Portuguese left in 1975, but a ”popular consultation” with the result put into effect by Indonesia’s legislature. This amounted to conceding a right of secession to its provinces, Matsuno said.

West Papua’s act of free choice was seen as a farce from the beginning. As the historians Pieter Drooglever in Holland and John Saltford in Britain have documented, monitors were kicked out of the territory by the Indonesians in the seven-year interval between the Dutch departure and the ”act” – which was a unanimous public vote by an assembly of 1022 handpicked, bribed and intimidated Papuans in favour of integration with Indonesia.

Revolt has simmered and broken out sporadically ever since. Canberra’s relations with Jakarta went into crisis in 2006 when 43 Papuan independence activists and family members crossed the Torres Strait by motor canoe and requested political asylum.

Richard Chauvel, an Indonesia scholar at Melbourne’s Victoria University, told the conference Jakarta feels Papuan independence is not seen as the threat it was a decade ago when a ”Papuan spring” of breakaway sentiment and protest followed East Timor’s departure. The territory has been broken into two provinces so far, and numerous district governments, Papuan separatists fragmented, and no state bar Vanuatu is questioning Indonesian sovereignty (though the US Congress last September held its first committee hearing on West Papua).

Yet Chauvel says West Papua has become an ”Achilles’ heel” for a democratising Indonesia over the last 10 years. ”Papua is Indonesia’s last and most intractable regional conflict,” he said. ”Papua has become a battleground between a ‘new’ and an ‘old’ Indonesia. The ‘old’ Indonesia considers that its soldiers torturing fellow Indonesians in a most barbaric manner is an ‘incident’. The ‘new’ Indonesia aspires to the ideals of its founders in working towards becoming a progressive,
outward-looking, cosmopolitan, multi-ethnic and multi-faith society.”

President Susilo Bambang Yudhoyono called the recently reported
torture cases ”incidents” by low-level soldiers, not the result of high-up instructions. Chauvel says he is probably correct: ”A more likely explanation is that instructions were not necessary. These acts reflected a deeply ingrained institutional culture of violence in the way members of the security forces interact with Papuans.”

Matsuno argues that South Sudan makes Indonesia’s post-colonial claim to West Papua more shaky, since it too had racial, religious and other differences to the rest of the country and had been administered separately within the former Netherlands East Indies. A ”more moral question” behind self-determination is coming to the fore, he said, the factor of ”failure” in governing.

The Japanese scholar sees echoes of East Timor in the late 1980s, when even foreign policy ”realists” started recognising the failure of Indonesian rule on the ground: serious human rights abuses, foreign media shut out, migrants flooding in, local leaders turning away from government, a younger generation educated in the Indonesian system refusing to identify themselves as Indonesians.

”These young people were increasingly vocal and continued to expose the ‘unsustainability’ of the system,” Matsuno said. ”Indeed the unsustainability of the situation in West Papua seems to be a truth. Only it takes some more time for the world to realise the truth.”

No one expects any outside power to intervene. But as we are seeing in the Arab despotisms, the new media make it harder and harder to draw a veil over suppression. In the Indonesia that is opening up, the exception of West Papua will become more glaring.

Related Articles
1

West Papuans Call For Dialogue With Indonesia

(Note: West Papua Media was a participant in this conference, and a paper calling for development of Papuan media was a key part of this conference also.  Over the next fews weeks, we will be publishing a selection of observations from this conference, and a book will also be forthcoming from CPACS West Papua Project)

 

ABC News/Radio Australia
Friday, February 25, 2011

West Papuans Call For Dialogue With Indonesia

The ramifications of the fast moving events in Libya and the middle
east could be felt as far away as Papua in Indonesia, a Sydney
Conference has been told.

A movement for greater autonomy or even independence from Indonesia has been active since Papua was absorbed by the Muslim state in 1969.

It has been at times ruthlessly suppressed by successive governments
in Jakarta, fearful of the loss of national unity and rich resources.

But observers say with demands for greater democracy reverberating
around the world there might be a new willingness in Jakarta to take
on board the calls for change.

Presenter: Karon Snowdon

Speakers: Peter King, Centre for Peace and Conflict Studies, Sydney
University; Jacob Rumbiak, coordinator of the foreign office of the
West Papua National Authority; John Otto Ondawame, Vice President of
the West Papuan National Coalition for Liberation.

SNOWDON: Indonesia has faced strong resistance to its rule in Papua,
or West Papua, as it’s also known. The complaints include the appalling human rights record of the security forces, lack of development, resource stripping, cultural insensitivity and unwelcome migrants.
Often these complaints have been ignored or dealt with inadequately,
but perhaps this is changing.

KING: The political situation in Jakarta is now being driven by events
in Papua and also international reaction to what’s happening in Papua.

SNOWDON: Peter King is the convenor of the West Papua Project at the Centre for Peace and Conflict Studies at the University of Sydney,
where he spoke at an international conference on Papua.

Peter King says the government of Susilo Bambang Yudhoyono has been embarrassed by the worldwide release of the video showing Papuan men being tortured by Indonesian security.

And by the symbolic return of special autonomy to Jakarta through huge public demonstrations in June last year. Indonesia’s effort at appeasement, special autonomy has been a failure.

KING: Anybody would be encouraged by what’s gone on in the Middle
East. And the Papuans are even more mobilised than those Arab
populations were – it’s a kind of permanent Papuan mobilisation
against Jakarta. And the tactic so far of cultivating an enriched
elite of bureaucrats and politicians, which has been the main
Indonesian strategy to pacify Papuans, plus the influx of migrants
from outside Papua, that’s not going to wash in the post-Tahir Square
milieu that we’re living in.

SNOWDON: And there has been something of a breakthrough.
Jacob Rumbiak was jailed for nine years, part of the time he spent
with East Timor’s Xanana Gusmao. He returned to Jakarta for the first time this month at the invitation of the Indonesian government. He’s now an academic and the coordinator of the foreign office of the West Papua National Authority, which he calls the transitional government of an independent West Papua. He was afforded high level access over two weeks of talks in Jakarta.

RUMBIAK: Visiting Jakarta is part of how to negotiate with Jakarta
about how to build trust between Jakarta and the people of West Papua.

SNOWDON [TO RUMBIAK]: To what end, independence or just more autonomy for Papua?

RUMBIAK: The aim is based on [democracy]. Let Papuans choose. If they want to integrate with Indonesia, it’s OK, but when they want to [be] independent, that’s the right.

SNOWDON: A lack of unity in the past has set back the resistance movement. John Otto Ondawame, the vice president of the West Papuan National Coalition for Liberation based in Vanuatu says a united call for dialogue for the peaceful resolution of issues with Indonesia mean the old divisions have ended.

ONDAWAME: Papuans are united in their aspirations for political change.

SNOWDON [TO ONDAWAME]: Are the groups working together successfully now?

ONDAWAME: Yes, we’re working together both inside West Papua in the
guerilla camp in the jungle and also in the outside world to raise the
voices of the West Papuans to the international community that we are
united.

SNOWDON: And he calls on the Melanesian Spearhead Group and the
Pacific Island Forum to do more to promote reconciliation between
Indonesia and Papua.

ONDAWAME: These two bodies must stand together to address the issue of West Papua and to send a fact finding mission to investigate the human rights situation in West Papua and other related issues.

SNOWDON [TO ONDAWAME]: Given the recent case of torture case against members the Indonesian military do you see any change in Jakarta and in the president’s office towards a better deal for Papua?

ONDAWAME: The culture of torture [by the] military has continued for
the past 54 years after occupation.

SNOWDON: Is there no improvement?

ONDAWAME: No improvement at all.

Related Articles
5

DAP rejects transmigration

JUBI, 21 February, 2011

DAP rejects transmigration

The chairman of DAP, the Papuan Traditional Council, has called on the
Indonesian government to be more judicious about plans to send yet more transmigrants to Papua.

Forkorus Yaboisembut said that plans by the Transmigration Department to move more transmigrants into Papua was a matter of great concern.

‘I very much hope that Papua will not yet again be the target for more
transmigrants because this is turning the Papuan people into a minority in their own homeland.’

He went on to say that sending more transmigrants in Papua was creating many more problems. In addition to turning local communities into minorities, it is also fostering feelings of jealousy because the
majority of people who run businesses and own plenty of capital are
those who have come from other parts of Indonesia.

Transmigration is also resulting in local Papuan cultures being swamped
by cultures from outside.

The government has announced that it has allocated Rp 600 billion to
cover the cost of bringing more transmigrants to Papua from other
parts of the country. The new transmigration programme is scheduled to continue until 2014.

1

INDONESIA: Widespread impunity in Papua aggravating tensions

 

Date: 22 February 2011 03:15:24 CET

FOR IMMEDIATE RELEASE
February 22, 2011
ALRC-CWS-16-06-2011

Language(s): English only

HUMAN RIGHTS COUNCIL
Sixteenth session, Agenda Item 4, General Debate

A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status

INDONESIA: Widespread impunity in Papua aggravating tensions

The Asian Legal Resource Centre (ALRC) is seriously concerned by ongoing, widespread human rights violations and violent acts being committed by the Indonesian security forces in the Papuan highlands in Indonesia. Impunity typically accompanies even the most serious abuses, as shown by the lack of effective remedies in a case of severe torture that the ALRC has documented recently. Despite institutional reforms in Indonesia, effective accountability for human rights violations in Papua is lacking, resulting in impunity that then engenders further atrocities.

Impunity and the sense of injustice that it engenders in society are having a strong impact on social stability and cohesion in Papua. Repression, discrimination and human rights violations by the Indonesian security forces are adding to tensions. Papuans reportedly feel like second-class citizens in Indonesia, even within Papua itself, and face discrimination, poverty and injustice as a result. The military arbitrarily suspect Papuans of being linked with rebel groups and stigmatise them, subjecting them to abuse.

Autonomy law rejected

The State has failed to provide justice and remedies and to bring prosperity and equality to Papua through the Special Autonomy Law, despite it being Indonesia’s most resource-rich region. Demonstrations in Jayapura, the capital of the Papuan province, have repeatedly rejected the Special Autonomy Law of 2001, with many civil society speakers having labelled it as being a failure. The autonomy parliament in July 2010 issued a decree formally rejecting the law and demanding a referendum on the political status of the autonomy region. The law was rejected mainly due to it having failed to deliver on any of the key demands of indigenous Papuans since its enactment. These include economic aspects but security and the need for protection against discrimination and human rights violations also figure highly.

The repeated calls by Papuan politicians, church and other civil society leaders for a dialogue between Papua and Jakarta have not been responded to by the government. Given the ongoing grave human rights violations by Indonesian security forces and the deteriorating relations between Papua and Jakarta, the ALRC is concerned that the situation of human rights risks declining seriously in the coming period, unless Indonesia takes meaningful action to address its role in the worsening situation. To be credible in doing this, the Indonesian government and military must ensure that human rights violations are halted and impunity is shown to be being dismantled, with justice being served and reparation being provided to victims.

Torture and impunity — a symbol of abuse and injustice

In the high-profile torture case mentioned above, which remains emblematic of the situation of human rights in Papua at present, Mr. Tuanliwor Kiwo, an indigenous Papuan man, was arbitrarily detained and tortured in May/June2010 by the Indonesian military. Mr. Kiwo was arrested at the Kwanggok Nalime TNI post near Yogorini village on his way from Tingginambut towards Mulia, Papua, Indonesia. During two days of detention, Mr. Kiwo was subjected to several serious forms of torture including burning, beatings and other forms of violence, resulting in serious injuries and Mr. Kiwo falling unconscious. He was able to escape in the morning of the third day. Mr. Kiwo is currently in hiding for security reasons but has given a detailed testimony of his torture in a video recording.1

While cases of torture are often reported from Papua, this case received significant international attention after video footage of the torture2 was published by the Asian Human Rights Commission (AHRC) in October 2010. As a result of the significant public pressure concerning this case, three members of the military were tried in a military tribunal for disobeying their superior’s order to release the victim and were sentenced to between nine and twelve months imprisonment. The ALRC is concerned that the charge and punishment in this case are not commensurate with the gravity of the violation that severe torture represents. Furthermore, the victim has not been provided with any form of remedy. Despite its high profile nature, this case speaks to the Indonesian system’s inability to address torture as a serious crime and human rights violation, and its failure to provide adequate reparation to victims. In less visible cases, even less can be expected, and impunity typically prevails.

In another case of violence by members of the military in the March 2010, that was also published in October 2010, the perpetrators have received sentences of an equally disproportionately low nature. Three solders from the Indonesian military’s Pam Rahwan Yonif 753/Arga Vira Tama squad, based in Nabire, Papua, were given a five-month imprisonment sentence by the military court III/19, Cenderawasih military command in Jayapura in November 2010, for having kicked and beaten arrested indigenous Papuans whom they suspected of involvement in separatist activities. The names of the convicted officers are Chief Pvt Sahminan Husain Lubis, Second Pvt Joko Sulistiono and Second Pvt Dwi Purwanto. Military judge Lt. Col. Adil Karokaro explained in the verdict that the defendants had breached the Indonesian military’s code of conduct by torturing the residents.

The government of Indonesia continues to deny the widespread use of violence by the Indonesian military in Papua, and alleges that these violations are rare and isolated, individual cases. However, the ALRC continues to receive further cases of violence against indigenous Papuans, including killings by the police and military, arbitrary arrests, the burning of houses and killing of livestock, which point to a widespread pattern of the use of violence, as well as a policy of intimidation by the Indonesian military.

Human rights violations and other crimes committed against civilians by members of the military are still only tried by military courts, which lack independence, transparency, a comprehensive penal code incorporating human rights norms, and a system of punishments that are proportional to the severity of the crimes committed. A military tribunal is not able to hold perpetrators of torture accountable in line with international law standards. Such tribunals cannot invoke any military regulations that prohibit the use of torture. Therefore, perpetrators cannot be tried for committing torture and no remedies can therefore be provided to victims.

Furthermore, the country’s penal code does not include torture as a crime. This means that members of the police that commit torture remain immune from criminal prosecution. Indonesia is therefore failing to comply with its obligations under the Convention Against Torture. Indonesia ratified the Convention against Torture in 1998, but the use of torture is still widespread and systematic, as cases received and documented by the ALRC attest. The promised review of the penal code has been delayed for years despite recommendations made to the government of Indonesia, which it accepted, during the Universal Periodic Review in this regard.

From a human rights perspective, it is vital for Indonesia to immediately begin to take credible action to tackle impunity and be seen to be tackling it in an effective way. Jakarta must ensure that the security forces halt the use of excessive force and violence-based strategies in dealing with security-related issues in Papua. Allegations of human rights violations must be investigated and any lacuna in legislation and due process must be addressed. For example, torture must be criminalized in line with Indonesia’s international obligations under the Convention Against Torture. Military personnel who are alleged to be responsible for human rights violations against civilians must be tried in civilian courts.

The ALRC invites the Special Rapporteur on the independence of judges and lawyers to recommend institutional reforms to the government of Indonesia to ensure that members of the military are held accountable by independent courts that uphold human rights and constitutional values and ensure that these are made available to legislators in Indonesia.

The ALRC also requests that the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment follow up with the Indonesian government to ensure the full implementation of the recommendations made to Indonesia during the UPR review regarding the review of the penal code and the full criminalisation of torture.

Furthermore, the ALRC urges the Indonesian government to heed the call for dialogue made by the Papuan indigenous community and avoid a further deterioration of the conflict in Papua. Finally, the ALRC calls on the Indonesian government to release all Papuan political prisoners, in order to show its commitment to a new path towards peace, security and human rights in Papua.

——–

Footnotes:

1 http://www.youtube.com/watch?v=eX5CuZhFFCI
2 http://humanrightsasia.blip.tv/file/4446942/

# # #

About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.

International Human Rights Day 2010 – Download our pre-print PDF version of the annual reports here.

—————————–

Asian Human Rights Commission
#701A Westley Square,
48 Hoi Yuen Road, Kwun Tong, Kowloon,
Hongkong S.A.R.
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367

URL: humanrights.asia
twitter/youtube/facebook: humanrightsasia

Related Articles
5

Create a website or blog at WordPress.com

Up ↑