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 ‘Other democratic states around the world don’t have such a law,’ he said, ‘because it is so out-of-date.’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.

Tunisia… Egypt… Libya… Let’s look closer to home

by Daniel Scoullar

originally appeared at http://www.onlineopinion.com.au

The mass uprisings in Tunisia, Egypt, Libya and other nearby countries have put despotic rulers, human rights abuses and self-determination into our nightly news bulletins and daily conversations in a way that happens very rarely.

The seemingly contagious way these movements for freedom have spread from country to country makes them particularly fascinating, but there is another reason why they have captured the public imagination. It’s because Australians recognise the ‘fair go’ principle, which can also be put in terms of the human right for every person to be safe from harm, to have control over their lives and to have a say in how their country’s run – regardless of whether they live in Bundoora or Benghazi.

In turn, many of us would also be surprised to hear that we have state sponsored violence and political exclusion much closer to home. They would be further surprised to hear these abuses are taking place within Indonesia, a case study for positive social, economic and political reform.

Despite holidaying in Bali, seeing Jakarta on the news or even watching a wildlife documentary shot in the Sumatran jungle, you could be excused for never having heard of West Papua. It comprises the western half of the island of New Guinea (the eastern half belongs to Papua New Guinea) and a collection of small islands.

West Papua’s landscape is one of tropical islands, coconut strewn beaches, impenetrable rain forests and rugged snow capped mountain peaks. It is home to around three million people, including some of the last remaining humans still untouched by the modern world.

West Papua’s modern history is marked by exploitation and resilience. Colonial explorers claimed it as Dutch territory in the 1600s, the Japanese and Americans made it a key battleground of World War II and the newly independent Indonesian nation invaded and forcibly occupied the territory in 1962, just 13 years before they would do the same in East Timor.

In the 50 years since then, West Papua has been ruled as a country-apart within Indonesia. This is somewhat ironic given West Papua is physically, culturally and historically separate from the rest of Indonesia. Its traditional ties run east and south to Papua New Guinea, Melanesia, northern Australia and the Pacific.

Where military and police abuses were curtailed elsewhere, they were encouraged in West Papua. While ‘unity in diversity’ was the national motto, West Papuan traditional culture was violently suppressed and almost a million ‘transmigrants’ were shipped in and given the reigns of local government and the economy. Even as the post-Suharto human rights reforms resulted in greater freedom of speech for those in Jakarta, incarceration or death are still the standard penalties for raising the Morning Star flag in West Papua. An estimated 100,000 local people have been killed during the occupation.

In 2007 I travelled from East Timor through Indonesia, West Papua and Papua New Guinea on my way back to Australia. My lasting memories are of friendly West Papuans inviting me into their homes to practice English with their children and heavily armed military personnel/police stopping me in the street for seemingly random questioning. When I returned to Melbourne, I met members of the West Papuan refugee community here and learned more about the extent of the abuses taking place in their homeland.

A recent example captured on video and shared on the internet, shows two Papuan men being cruelly tortured by security forces, including one having his genitals burnt. Other examples include activists being shot at demonstrations – or just disappearing. Local prisons are full of political prisoners who have committed no crime other than raising their voice.

It is also important to differentiate this critique of state sponsored human rights abuses and a lack of self-determination from a more general attack on Indonesia as a nation or its culture.

As someone who speaks Indonesian moderately well and has lived and travelled in the region, I know first hand the beautiful diversity within Indonesia’s awe inspiring 17,500 island archipelago. The majority of its 240 million people are not disputing their place in this nation state and democratic, social, economic and political progress continues in most areas.

Nevertheless, acknowledging Indonesia’s strengths is not the same as writing a blank cheque to the worst elements within its military and government. After 24 years of silence, Australia finally found the moral and political strength to take a stand on behalf of the East Timorese people and this is what is needed again, not just from our Prime Minister Julia Gillard, but from other world leaders within our region and right across the globe.

We all know that international diplomacy can be a dirty business where economic and political interests take precedence over doing what is right. We should acknowledge that it is politics and economics that are the key barriers blocking the Australian government from advocating on behalf of the West Papuan people. There is no easy villain such as Muammar Gaddafi to hold up as a symbol of evil. It’s more complicated than that.

International diplomacy can also be a powerful force for improving lives. While East Timor remains poor, I didn’t meet a single person there who wanted to go back to Indonesian rule. Australia is a regional leader, particularly in the areas of good governance and human rights protection, and we should not shy away from this role. We have the power to make a difference in West Papua and, in turn, we carry the corresponding responsibility to do so.

If we simply cast our gaze to distant parts of the world, where people are paying with their lives for basic freedoms, we will overlook those closer to home paying with their own lives for those same freedoms.

Family Ties –Pacific Institute of Public Policy releases findings on first telephone poll

Family Ties – PiPP releases findings on first telephone poll

As leaders gather in Fiji this week for the Melanesian Spearhead Group (MSG) Leaders Summit, the Pacific Institute of Public Policy (PiPP) has released its findings from the first ever telephone poll conducted across Melanesia.

Seven questions relating to the “Melanesian family” of nations were posed, including one asking which major “non Pacific island” nation was considered to be the best partner for individual nations in the region.

MSG leaders may be encouraged that a majority (74.9%) of respondents were aware of the regional body to represent Melanesians.

When asked who they considered part of the Melanesian family, a clear majority of respondents included the established members (PNG, Solomon Islands, Vanuatu, Fiji and New Caledonia) while 42% also included West Papua, 17.1% included Australia, 14.9% included Indonesia and 14.1% included Timor Leste.

Another question posed was “do you support independence for West Papua?” A clear majority of respondents across Melanesia said yes, with very high support in PNG (89.3%) and Vanuatu (88.2%). This suggests a disconnect between popular support and the position taken by governments in the region, except Vanuatu, which has long championed the West Papuan cause at the political level.

Asked to relate the relationship between their country and Australia, the majority of respondents said it was positive except those in Fiji. Australia is also considered to be the best external partner for PNG (40.5%) and the Solomons (40.4%), while for Vanuatu only 14.1% of respondents considered Australia best, whereas China scored 32.9%. Among respondents in Fiji there was a sense that it considered Australia, New Zealand, China and US as all roughly equal in importance.

In relation to engagement with Fiji, a majority of respondents including those in Fiji itself, opted for increased engagement or keeping the level of engagement as it is.

The views expressed by the respondents of this poll may assist MSG leaders as they deliberate on the future of this region. A copy of the poll findings can be downloaded here.

The Pacific Institute of Public Policy is the region’s leading independent think tank and exists to stimulate and support informed policy debate.

For further information please contact Talita on +678 29842 or ttuipulotu@pacificpolicy.org.

 

AWPA calls on MSG Prime Ministers to grant West Papua membership

AWPA calls on MSG Prime Ministers to grant West Papua membership

AWPA is encouraged by the statement from the Chairman of the MSG meeting ,  Ratu Inoke Kubuabol that “The Melanesia Spearhead Group feels for their brothers and sisters in West Papua” . Joe Collins of AWPA said “we urge the MSG to grant West Papua membership at the leaders summit. They would have the support of the Melanesian people across the region in granting West Papua membership”.

We note that in a poll by the Pacific Institute of Public Policy (PiPP) that “42% also included West Papua” as part of the Melanesian family and that a clear majority of respondents across Melanesia said yes to the question do you support independence for West Papua?

From PiPP press release.
When asked who they considered part of the Melanesian family, a clear majority of respondents included the established members (PNG, Solomon Islands, Vanuatu, Fiji and New Caledonia) while 42% also included West Papua, 17.1% included Australia, 14.9% included Indonesia and 14.1% included Timor Leste.

Another question posed was “do you support independence for West Papua?” A clear majority of respondents across Melanesia said yes, with very high support in PNG (89.3%) and Vanuatu (88.2%). This suggests a disconnect between popular support and the position taken by governments in the region, except Vanuatu, which has long championed the West Papuan cause at the political level.

Joe Collins said ” we see that in the poll only 14.9% of respondents considered Indonesian to be part of the Melanesian family yet Indonesian has observer status but not West Papua. For the sake of the long term stability of the region we hope West Papua will be discussed at the leaders meeting.

PRP calls for release of nurses

JUBI, 29 March 2011

PRP calls for release of nurses

In a statement issued today, the Working People’s Association, the PRP, has called for the release of nurses arrested in Abepura, West Papua.

‘When working people demand a decent living, the neo-liberal regime
responds by arresting them.This is happening everywhere in Indonesia and on this occasion in Jayapura. Nurses working at DokII General Hospital have been under arrest for calling for the payment of incentives which they have been demanding since January 2010,’ said the PRP.

According to the PRP, this criminalisation of working people for demanding better living conditions is happening not only in Papua.
Working people elsewhere in Indonesia are also experiencing the same
thing. This is being done in order to silence the demands of the working people and to thwart the rights of working people to organise themselves.

It went on to say that union busting is happening on a grand scale
across the country, a sign that the the neo-liberal regime is scared
when working people organise themselves and demand their rights.
Measures to thwart the right of assembly and the right to organise or
even to organise demonstrations in happening in many parts of the
country, such as for example the district of Bintan.

The statement which is signed by the national chairman and the
secretary-general of the PRP makes the following demands:

1. Release the DokII nurses who have been arrested by the police because they organised a strike.Charging them with incitement is pure fantasy on the part of the police.

2. Working people throughout Indonesia should resist these efforts to
silence trade unions and organisations.

3. New forces need to be built by all sections of the working people in
Indonesia in opposition to the neo-liberal regime.

4. Capitalism and neo-liberalism have failed to improve the living
conditions of the people. Only socialism can bring prosperity to the people.

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