Tag: WPAT

Faleomavaega receives Humanitarian Award for Defense of Human Rights in West Papua

Washington, D.C. —FALEOMAVAEGA RECEIVES HUMANITARIAN AWARD FOR DEFENSE OF HUMAN RIGHTS IN WEST PAPUA

Congressman Faleomavaega announced today that the West Papua Advocacy Team (WPAT) has named him the 2011 recipient of the John Rumbiak Human Rights Defenders Award.  Faleomavaega was presented the award on Thursday July 7, 2011.

In honoring Faleomavaega, WPAT stated:

The West Papua Advocacy Team (WPAT) is pleased to announce that it is awarding the 2011 “John Rumbiak Human Rights Defenders Award” to the Honorable Eni F.H. Faleomavaega (D-AS), a member of the U.S. House of Representatives.

Congressmember Faleomavaega has been an articulate and effective advocate for the defense of human rights in West Papua, and has long worked for a peaceful resolution of the serious problems confronting Papuans.

His extensive knowledge regarding West Papua and his manifest sincerity and good will have enabled him to draw on the respect accorded him by his Congressional colleagues and members of successive Administrations to alert them and the U.S. public more broadly to justice, good governance and development concerns in West Papua.

On September 22, 2010, in his capacity as the Chairman of the Foreign Affairs Subcommittee on Asia, the Pacific and the Global Environment, Congressmember Faleomavaega convened the first hearing in the history of the U.S. Congress to include testimony from West Papua’s traditional and religious leaders. The hearing, Crimes Against Humanity: When Will Indonesia’s Military Be Held Accountable for Deliberate and Systematic Abuses in West Papua, also included testimony from scholars and administration officials from the U.S. Departments of State and Defense.

Driven by a sense of personal responsibility to carry forward the work of his Samoan relatives who are buried in West Papua and in honor of all those who have lived the struggle, Congressmember Faleomavaega continues to do all he can to hold the Indonesian government accountable so that a better way forward may be found for and on behalf of the people of West Papua.

Past recipients of the award include Carmel Budiardjo (UK) and TAPOL (2008); John M. Miller (U.S.) and the East Timor and Indonesia Action Network (ETAN) (2009), and Andreas Harsono (Indonesia) of Human Rights Watch (2010).

The award includes a plaque and a financial prize which Congressmember Faleomavaega has directed be donated to a charity selected by him. The award is named in honor of Papuan John Rumbiak, a renowned champion of human rights and founder of WPAT.

“I am humbled by this award,” Faleomavaega said.  “I do not feel worthy of it, and this is why I have donated the prize money to the Papuan Customary Council (Dewan Adat Papua) in honor of the men, women and children of West Papua who are the true heroes.”

“Over the years, the men, women and children of West Papua have suffered at the hands of Indonesia’s brutal military and police forces.  In fact, Indonesia’s military has committed indisputable crimes against humanity through the murder, torture and rape of more than 100,000 West Papuans.”

“It should also be noted that Freeport Mining company, now located in Phoenix, Arizona, USA, was the first foreign company to do business with Indonesian President Suharto, one of the most brutal dictators of the 20th century.  Freeport’s association with Suharto led to Freeport operating the Grasberg mine in West Papua — one of the biggest gold and copper mines in the world.”

“With little regard for the people of West Papua, Freeport has callously stripped West Papua of its natural resources and pays Papuan workers less than $1.80 per day, or about $0.20 cents per hour.  Papuan workers went on strike in protest saying their counterparts working for other units of Freeport operations around the world are paid approximately $15 per hour.  All Papuan workers are asking is to be paid at about $3 per hour.”

“To put this in perspective, the CEO of Freeport was paid almost $40 million in 2010 alone.  In my opinion, this kind of disparity is shameful.  An American company should know better, and do better.  And until Freeport makes it right and stops exploiting Papuan workers, I will make my views known on the House floor for the sake of history and for the sake of the American public in hopes that Freeport will one day be held accountable for the environmental and economic horrors it has wrought in West Papua.”

“For history’s sake, I also want to commend past winners of the John Rumbiak Human Rights Defenders Award, including Carmel Budiardjo, the 2008 winner, who founded and has chaired TAPOL since the 1970s.  TAPOL (which means political prisoner in Indonesian) is a small UK-based NGO that campaigns for political prisoners and for human rights in general in Indonesia and East Timor.  Carmel Budiardjo was herself a political prisoner, in the late 1960’s at the time that the dictator Suharto came to power.  She was imprisoned for three years and then founded TAPOL upon returning to the UK in 1971.  She won the ‘Right Livelihood Award’ in 1995 and has several times been nominated for the Nobel Peace Prize.  Carmel is now 86 but still very active.”

“John Miller and the East Timor and Indonesia Action Network, the 2009 winner, has long been involved in human rights advocacy in East Timor and Indonesia.  John Miller is the National Coordinator for ETAN.”

“Andreas Harsono, the 2010 winner, is an Indonesian journalist and human rights advocate who in 2010 worked closely with Human Rights Watch, particularly on West Papua.  He is still associated with HRW but also is an independent journalist and human rights advocate.”

“I also commend my good friend, John Rumbiak, a West Papuan human rights advocate, who has worn out his life in the service of his fellowman.  I wish John a speedy recovery, and my thoughts and prayers are with him.”

“Once more, I thank WPAT for the work it is doing to champion the cause of West Papua, and I share this honor with all those engaged in the struggle,” Faleomavaega concluded.

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West Papua Report June 2011

West Papua Report
June 2011

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

Summary

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

Contents:

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

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

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

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

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

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

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

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

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

Amnesty International Calls Attention to Continuing Violations of Rights in Indonesia

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

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

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

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

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

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

Failure of Justice in West Papua: A Continuing Saga

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

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

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

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

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

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

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

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

A conflicting military account alleged that the victim was drunk.

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

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

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

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

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

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

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

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

Indonesian Military To Provide Security For Papua’s Freeport Mine

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

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

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

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

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

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

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

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

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

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

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

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

More Observers Comment on The Failure of Special Autonomy

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

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

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

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

All of this point to the failure of OTSUS.

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

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

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

Back issues of West Papua Report

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

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West Papua Report April 2011: VP rejects dialogue, MSG, more

West Papua Report
April 2011

This is the 84th 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:

Indonesia’s Vice President Boediono has begun implementation of a Presidential decree calling for the establishment of an inter-governmental agency to examine problems in West Papua. The initiative falls far short of widespread Papuan calls for a senior-level, internationally mediated dialogue between Indonesian officials and Papuans. A senior Papuan civil society leader has spoken out against this continued failure of Jakarta to engage in serious dialogue. Papuan church leaders have charged the Indonesian government with “genocide” in West Papua. The Melanesian Spearhead Group again failed to invite representatives from West Papua to its annual summit, instead inviting the Indonesian government to send observers. Indonesian officials violated the labor rights of Papuans by jailing nurses who called a peaceful, legal strike. A leading Papuan NGO chief has called for elimination of provisions in the Indonesian criminal code that violate Indonesia’s obligations under international conventions to which it is party.

Contents:

     

  • The Indonesia Government Continues to Ignore Papuan Calls for Dialogue
  • Senior Papuan Faults Government Failure to Pursue Dialogue
  • Papuan Church Leaders Charge Indonesian with “Genocide”
  • Melanesian Spearhead Group Invites Indonesia as Observer, Continues to Bar Papuan Participation
  • Nurses Jailed in Labor Dispute
  • Demand for Elimination of Repressive Provisions in Indonesia’s Criminal Code

    •  

The Government of Indonesia Continues to Ignore Papuan Calls for Dialogue

The Jakarta Post reported that Indonesian Vice President Boediono planned to  convene a meeting on West Papua on March 28 in Jakarta. The meeting was to be the initial step in formulating a draft of a presidential decree to address issues regarding Papua. The regulation also aims to establish a special unit to accelerate development in Papua. According to the decree, the government will form a “delivery unit,” the Unit Percepatan Pembangunan Papua dan Papua Barat (UP4B/ Special Unit for the Acceleration of Development in Papua and West Papua). Significant aspects of the draft include the promotion of a cluster-based approach to development, and an increased integration of the activities of the central and regional administrations. The planned regulation follows a presentation made by Papua Governor Barnabas Suebu and West Papua Governor Abraham Ocktavianus Atnuri to the national Cabinet in January.

Indonesia Vice President Boediono The late March meeting was to have included Coordinating Economic Minister Hatta Rajasa and Finance Minister Agus Martowardojo, as well as unnamed Papuan representatives.

A March 9 interview by the Sydney Morning Herald’s Tom Allard revealed the Vice President’s intentions. Boediono told Allard that he rejected a bilateral dialogue, as called for by many Papuans, contending instead that his agency would assist multiparty communications. Boediono said he would welcome international donor aid money for West Papua but rejected any possible mediation role such as occurred in Aceh in 2005 when a peace accord mediated by internationally ended years of central government abuses carried out by security forces. Boediono told Allard that his new effort would aim at better communications, affirmative action for indigenous Papuans, and “more openness.” (The Jakarta government has long placed severe restrictions on journalists, UN and foreign government or NGO personnel seeking to visit West Papua.) Boediono offered no assurances that he would press for allowing Papuans the right to fly the Morning Star flag or that the heavy military presence in West Papua might be reduced.

Vice President Boediono made clear that this undertaking would not constitute a “dialogue.” There is no indication that this new body will address outstanding issue of human rights violations, impunity for those committing those abuses, notably in the military and police. This body will almost certainly not consider the civil, political, social, economic and cultural rights, especially the right of self determination.

WPAT Comment: Boediono’s “agency” falls far short of persistent appeals by Papuan officials, civil society leaders as well as Papuan, Indonesian and international NGOs for a senior level, internationally-mediated dialogue between the Indonesian government and Papuan leaders. Indeed, Boediono, in his Sydney Morning Herald interview, made clear that this undertaking would not constitute a “dialogue.” There is no indication that this new body will address outstanding issue of human rights violations, impunity for those committing those abuses, notably in the military and police. This body will almost certainly not consider the civil, political, social, economic and cultural rights, especially the right of self determination, which the central government has long denied Papuans.

Senior Papuan Faults Government Failure to Pursue Dialogue

Participation of Papuan provincial level officials in Vice Boediono’s meeting regarding West Papua (see report above) reflects the unwillingness of Papuan government officials to support the widespread call of their Papuan constituents for an internationally-mediated dialogue with the Jakarta government. Pastor Neles Tebay, coordinator of the Papua Peace Network – JDP discussed this failure of Papuan leadership candidly in a March 25 interview with JUBI.

Tebay noted frankly that neither of the provincial governments (Papua and West Papua) have reached agreement about the agenda of such a dialogue. Nor have either of the Papuan administrations issued statements officially supporting Jakarta-Papua dialogue. Tebay candidly assessed that the Papuan officials’ failure to endorse the popular calls for dialogue was because dialogue “is seen as being a separatist move and in opposition to what the Indonesian state is working for.” “Any individual who works for the government who expresses support for the idea of a Jakarta-Papua dialogue is in danger of losing his job because he is likely to be seen as a separatist. Anyone working for the government who expresses support for a dialogue places himself in danger and could lose his job,’ he said.

For his part, Father Tebay continues to pursue dialogue as a means of finding solutions to problems besetting Papuans. Tebay stressed that dialogue was not in itself a solution but rather would bring together the Papuan people and the Indonesian government to discuss the problems. The aim would be to discuss the problems and agree to the best possible solution.

Pastor Tebay said that so far, he has visited twelve districts in Papua to hold consultations. The districts he has visited so far include Merauke, Biak Enarotali, Timika, Wamena and Sorong.

He has also visited some other countries to discuss the question of dialogue including PNG, Vanuatu and Australia where he met Papuans in a number of cities. Everywhere he went, he encountered enthusiasm for the idea of finding a peaceful solution by means of dialogue between Jakarta and Papua.

Papuan Church Leaders Charge the Indonesian Government with “Genocide”

Papuan Church leaders in late March issued a “Theological Declaration of Churches in Papua.” The declaration includes one of the most forthright Papuan statements regarding genocide targeting Papuans. The statement which was forwarded by the Asian Human Rights Commission (see full document at A Statement from a Group of Papuan Church Leaders) contends:

Transmigration policy and unrelenting military operations are, in our view well-planned programs to eventually annihilate indigenous Papuans. Papuans are positioned as “the other” and as such warrant surveillance, control, and civilization. Papuans are not equal citizens of Indonesia. Some observers in Jakarta view this as an internal colonialism or disguised slavery against Papuans.

 

Papuans have undergone a ‘silent history of suffering’ or memmoria passsionis leading to genocide. … The term genocide perhaps does not meet the criteria set forth by the UN, or other nations, or by Indonesia. But from our own view as victims, genocide is indeed taking place through the conditioning staged by Jakarta in the forms of ideology and development policies that are against the indigenous Papuans. Transmigration policy and unrelenting military operations are, in our view well-planned programs to eventually annihilate indigenous Papuans. Papuans are positioned as “the other” and as such warrant surveillance, control, and civilization. Papuans are not equal citizens of Indonesia. Some observers in Jakarta view this as an internal colonialism or disguised slavery against Papuans. 

Melanesian Spearhead Group Invites Indonesia as Observer, Continues to Bar Papuan Participation
Melanesian Spearhead Group Leaders Summit
Melanesian Spearhead Group Leaders Summit members and observers.

The Melanesian Spearhead Group (MSG), comprising Vanuatu, the Solomon Island, Fiji, Papua New Guinea and the Kanaky peoples of New Caledonia, invited Indonesia (and Timor-Leste) to join their annual meeting. MSG leaders met March 31 in Suva, Fiji, for the annual summit which followed a meeting of foreign ministers March 29. The MSG did not invite any representation from West Papua.

A conference of solidarity groups supporting West Papua that convened in Sydney in February had called on the MSG not to offer observer status to Indonesia and instead to offer that status to representatives of the Papuan people of West Papua.

For its part, the Australian West Papua Association (AWPA) welcomed a statement from the Chairman of the MSG meeting, Ratu Inoke Kubuabol who said 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.”

Collins noted that 42% included West Papua as part of the Melanesian family in the first ever telephone poll conducted by the Pacific Institute of Public Policy (PiPP) across Melanesia.. An overwhelming majority (75.4%) of respondents said yes to the question “Do you support independence for West Papua.” PiPP in a press release reported that when asked who they considered part of the Melanesian family, clear majorities 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. PiPP also reported that when asked “Do you support independence for West Papua?” there was very high support in PNG (89.3%) and Vanuatu (88.2%).

Collins underscored that these numbers suggest 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. He concluded, “we see that in the poll only 14.9% of respondents considered Indonesia to be part of the Melanesian family yet Indonesia 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.”

The meeting in Suva was controversial because Fiji is currently under military dictatorship.

WPAT Comment: West Papua is the largest Melanesian populated entity not represented within the MSG and the second largest Melanesian entity, after Papua New Guinea. Its continued exclusion from the MSG calls into question the legitimacy of the organization. Moreover, the MSG’s failure address the plight of Papuans, including ethnic cleansing under the rubric of “transmigration” and charges of “genocide” by credible organizations (see statement by Papuan church leaders above) exposes the lack of commitment among Melanesian leaders to the rights and welfare of Melanesian peoples. Vanuatu’s repeated and public expressions of concern about the plight of Papuans is a singular but noteworthy exception in this regard.

Nurses Jailed in Violation of International Convention

Mounting public pressure, including from members of the Papuan Provincial Assembly (DPRP), compelled the police to announce they would release eight nurses who had been jailed on charges of incitement (article 335 of the criminal code). However, purportedly because of the absence of a key police official required to sign the release order, it appears the nurses had not yet been released at the end of March.

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

The eight had been jailed over their call for a strike by nurses at the DokII General Hospital. That strike, a peaceful, lawful labor action, was over promised but unpaid compensation. Letters have been sent to President Susilo Bambang Yudhoyono, as well as to Vice-President Boediono protesting the arrest of five nurses and midwives who work at the general hospital for organizing a strike.

The detention of the nurses violates their rights notably as set forth in International Labor Organization (ILO) Convention 87 (Freedom of Association and Protection of the Right to Organize), which was ratified by Indonesia in June 1998.

The issue of the unpaid compensation remains unresolved. The local daily Bintang Papua reported on March 23 that nurses and midwives had taken the issue to the DPRD and the provincial governor where hundreds demonstrated. They charged that the provincial secretary Constan Karmadi had deceived the public when he promised in December 2010 that incentives would be paid.

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 by a later instruction that withdrew any such payments.

There is growing international attention to the arrests and the failure of the Indonesian government to meet is contract obligations to the nurses. Australian Council of Trade Unions (ACTU) President Ged Kearney has described the detention of the nurses as “outrageous” and called for their immediate release. She noted as well that “the arrests of the nurses, including two officials of the National Union of Indonesian nurses, was a heavy handed response to nurses pursuing a legitimate industrial campaign in support of their contracted entitlements. ”

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

Demand for Elimination of Repressive Provisions in The Indonesian Criminal Code

The Papuan publication JUBI published an appeal on March 31 by the executive director of the Institute of Research, Analysis and Development for Legal Aid (LP3BH) Yan Christian Warinussy to the Dewan Adat Papua (DAP, Papuan Customary Council) to submit articles 106 and 107 of the criminal code on subversion and incitement (the ‘makar’ or subversion articles) of 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.

Many international organizations, including WPAT and ETAN have long called for the removal of these provisions from the Indonesian criminal code. The provisions date to the colonial era and were frequently used during the Suharto dictatorship to repress peaceful opposition. Indonesian officials continue to employ them to repress popular, peaceful dissent, particularly in West Papua where Suharto era practices, including unjust prosecution, persist.

The provisions violate the International Covenant on Civil and Political Rights and the International Covenant on Social, Economic and Cultural Rights to which Indonesia is signatory.

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West Papua Report February 2011

West Papua Report
February 2011

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

Summary:

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

Contents:

No Justice for Papuan Victims of Torture

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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posted at http://www.etan.org/issues/wpapua/2011/1102wpap.htm
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WPAT/ETAN: Light Sentences for Rights Violators Spark Calls for Suspension of Aid to Abusive and Unaccountable Indonesian Military

Light Sentences for Rights Violators Spark Calls for Suspension of Aid to Abusive and Unaccountable Indonesian Military

Contact: Ed McWilliams (WPAT), +1-575-648-2078
Paul Barber (TAPOL) +44 1420 80153 or +44 774 730 1739
John M. Miller (ETAN) +1-917-690-4391

The West Papua Advocacy Team (WPAT), East and Indonesia Action Network (ETAN) and TAPOL condemn the Indonesian government’s failure to hold Indonesian military personnel responsible for the grave crime of torture of two Papuans. The torture was revealed in a video posted online in October 2010 shocked the international community ( http://www.etan.org/news/2010/10video.htm). Rather than try the perpetrators before a civilian court the Indonesian government allowed the Indonesian military to try the soldiers in a military court. On January 24, the Military Court in Papua sentenced three soldiers to minimal sentences of eight to 10 months imprisonment for the minor procedural offense of disobeying orders.

The Indonesian Government’s refusal to prosecute the perpetrators in a civilian court and the failure to charge them with serious criminal offences commensurate with the violence inflicted on the victims reflect a longstanding pattern where security force personnel who commit heinous crimes against Papuans are not inadequately punished, if they are punished at all. For example, the special forces (Kopassus) personnel convicted by a military court for the torture-murder of the leading Papuan political figure, Theys Eluay, in 2001 similarly received sentences not commensurate with the crime. They were lauded publicly by a leading Indonesian military figure as “heroes.”

Unfortunately, Indonesia President’s Susilo Bambang Yudhoyono in pre-sentencing public remarks described the torture, which included the burning of the genitals of a Papuan man with a stick pulled from the fire, as “only a minor incident.” This dismissal of the seriousness of the crime reinforces a pattern of impunity for security personnel.

WPAT, ETAN and TAPOL remain concerned that Indonesia has refused to make torture a specific offence under Indonesian criminal law, notwithstanding Indonesia’s obligations under the United Nations Convention Against Torture which it signed in 1985 and ratified in 1998. We urge Indonesia to do so.

Indonesian military personnel, especially those operating in West Papua, which has seen the worst security forces abuse over the past decade, continue to perpetrate torture, rape, extrajudicial killings and other well documented abuses in part because they are aware they will never be effectively prosecuted for these crimes. By refusing to prosecute military offenders to the full extend of the law in civilian courts the Indonesian government is complicit in the military’s continuing abuses.

The impunity long enjoyed by Indonesian security personnel for their criminal behavior stands in stark contrast to the severe sentences meted out to Papuans who assemble peacefully to protest decades of Indonesian government repression and the denial of essential services to the Papuan people. Dozens of Papuans have been imprisoned for years where, as described by UN reports, these peaceful dissenters endure health and life threatening treatment and conditions. Amnesty International and other reputable human rights organizations have identified many as “prisoners of conscience.”

Government restrictions on travel to and within West Papua have long impeded the ability of the international community to monitor human rights and other developments. Indonesian security and intelligence forces within West Papua routinely shadow and obstruct the movement of the few international journalists and even diplomats who do manage to enter West Papua. Papuans who speak to these observers are often threatened and harassed.

The U.S. and other governments should act in a substantive way to end the continued abuses by Indonesian security forces against Papuans. The U.S., in particular, should exercise its significant leverage by suspending its extensive and expanding military assistance programs for Indonesia pending real reform of the Indonesian military. This reform should, at minimum, include an end to human rights violations by Indonesian military personnel, as well as effective prosecution in civilian courts of military personnel who perpetrate abuses and with sentencing commensurate with the crimes. The U.S. should also make any resumption of military-to-military cooperation contingent on an end to Indonesian government restrictions on access to West Papua by independent journalists and other observers, as well as an end to Indonesian security and intelligence force intimidation of those Papuans peacefully advocating for their political and other human rights.

More generally, WPAT, ETAN and TAPOL appeal to the governments of the United States and the United Kingdom and the European Union to promptly and publicly register with the Indonesian government their deep concern over what is only this latest example of decades of failed justice in West Papua.

see also West Papua Report

U.S.-Indonesia Military Assistance

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