AMNESTY INTERNATIONAL WELCOMES RELEASE OF PAPUAN STUDENTS IN MANOKWARI

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 30 September 2011

Index: ASA 21/ 029 /2011

Amnesty International welcomes the decision of the Manokwari District Court on 27 September 2011 to acquit four of the five students arrested in Manokwari, West Papua province, for their involvement in a peaceful protest. The organization hopes that the court’s decision is an indication of greater respect for freedom of expression and peaceful assembly in the province and calls on the Indonesian authorities to immediately and unconditionally release all other prisoners of conscience in Indonesia.

The students were arrested on 14 December 2010 with two other activists while taking part in a peaceful march and ceremony in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised.

Police then arrested seven people: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. All seven were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August 2011 the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011 and has now been released. Four of the students were acquitted and released on 27 September 2011; however the fifth student, Jhon Rawayei, was found guilty of “rebellion” and sentenced to nine months and 17 days’ imprisonment. He is due to be released soon as he has spent more than nine months in detention.

Amnesty International is aware of at least 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience, and calls for their immediate and unconditional release.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

Four Papuan students acquitted of makar charges in Manokwari

From Tapol

Four Papuan students acquitted of makar charges

According to report received today from the defence team of five Papuan students from UNIPA university, four of the five men have been acquitted by a court in Manokwari and will be released immediately.

They had faced the charge of makar – subversion – in connection with
their involvement in an event to mark the anniversary of the
proclamation of the Independence of the Republic of West Melanesia on
14 December last year.

The four acquitted men are Alex Duwiri, John Wilson Wader, Penehas
Serongan and Yance Sekeyab.

The fifth student, John Raweyai, who had jumped onto the platform to
speak on the issue was found guilty and sentenced to nine months, with
deduction for the time already served in detention.

Yan Christian Warinussy, a member of the defence team, described the
acquittal as a courageous decision by the panel of judges. He said that the men were the victims of mistaken arrest and investigation by the police who took them into custody.

Warinussy on importance of ILWP meeting in August

[Readers please note that TAPOL decided not to waste time on the item
that appeared in Bintang Papua on 4 August because of its many
inaccuracies. See below. We guessed to the time that this was the result
of TNI intervention, to block accurate reporting about an important
event for Papua in the UK. Readers should also note that the three-hour
meeting in Oxford on 2 August is constantly being reported in the
Indonesian press as a KTT, Konferensi Tingkat Tinggi, a Summit
Conference, an expression normally reserved for meetings of heads of
state, which of course was not appropriate for the meeting held in
Oxford, which was a meeting attended by academics and activists. ]
———————————————-

Bintang Papua, 5 August 2011

Yan Christian Warinussy, a human rights activist and law practitioner,
has expressed his appreciation of the demonstrations organised by Papuan
activists in Sorong, Manokwari, Jayapura and Biak which highlighted the
principle of peace.

He said it was important for all organisations, especially the Dewan
Adat Papua (Papuan Customary Council), to gather together documents and
visual material about the ILWP conference that was held in the UK in
August. These documents need to be analysed and circulated widely to
the Papuan people and district governments, including the security
forces of the Indonesian armed forces and police, to ensure that
everyone has the same understanding about these activities as well as
their impacts on the future of the Papuan people.

‘Whether or not the idea of a referendum has the support of many
components is a matter for the future because it needs a response from
many groups, including those who are for and those who are against the
idea of self-determination for the Papuan people.

‘We need to remember that the right to self-determination is a right
for all the people on earth, including the indigenous Papuan people, as
stipulated in the Universal Declaration of Human Rights.’ Warinussy also
said that the achievements of the Papuan people in organising the Papuan
Peace Conference on 5 – 7 July this year was an extraordinarily
important event which no one had ever predicted. It was at this peace
conference that all the problems that the Papuan people have been
wrestling with for the past ten years were studied and analysed by
various groups and reported on scientifically. There were thoroughgoing
discussions which led to conclusions and recommendations that were
drawn up by representatives of the Papuan people who participated in the
conference.

The Dewan Adat Papua (Papuan Customary Council ) should speedily
consolidate their networks in the Land of Papua and take action
together with all components of the Papuan people to prepare concrete
measures for the achievement of a Papua-Indonesia dialogue in 2011.

Meanwhile, a news item published by Bintang Papua the headline of which
was ‘ILWP conference failed to reach agreement on its agenda’ described
it as ‘breaking news from the BBC but it was of questionable origin.
According to the editor of Bintang Papua, they realised that they had
not been careful enough in confirming that the BBC was the source of the
item; as a result, on the following day action was taken against the
person who had contributed the item, according to a statement by the
Bintang Papua editor.

According to the editor-in-chief of Bintang Papua, Walhamri Wahid, the
contributor admitted that the source of the item was an SMS which was
widely circulated by a senior officer of the Cenderawasih military
command, based on an SMS from a former OPM member who subsequently
defected and who was in London when the conference was taking place.

The SMS commenced with the words BREAKING NEWS BBC LONDON (written in
capital letters) which was sent by Frans Albert Joku in a report to a
senior officer at the Cenderawasih military command which was then
forwarded to Bintang Papua. ‘We did not clarify where the information
had come from, there was no check and counter check on its accuracy and
it was published as if it had been sent by BBC-London, said Walhamri
Wahid.

Bintang Papua abides by the Journalists’ Code of Ethics but on that
occasion, the journalist was in a race against time, facing a deadline
and relied solely on the journalist who had sent the item from the
field. ‘Our conclusion for the time being is that this news item was
untruthful, using another news agency as the source.’ It was decided on
the following day that they would confirm (this mistake) and apologise
if it turned out to be true that this report was not from the BBC. We
have received no denial from the BBC. ‘When I was later browsing on the
internet, I found no such breaking news in any of the reports from the
BBC, said the editor in chief.

At the time it was early in the morning, at 2am on 3 August, and this
was a news item that people in Papua were eagerly awaiting. This was
seen as an important day when the conference was adopting decisions
about the future of the Papuan people. According to the Bintang Papua
editor, their journalist (in the UK) was having difficulty reporting the
matter from the location of the meeting, and the impression was that it
was deliberately blocked so as to ensure that the news would not be
circulated.

The rest of this article regurgitates the erroneous information that was
contained in the BP report on 4 August.

[Reminder: Readers of this list may recall that we posted the following
statement on 4 August:

Note: The report in Bintang Papua today about the ILWP meeting in
Oxford on 2 August was so full of inaccuracies that it was a waste of
time to translate it. Suffice it to say that it described the meeting
as ‘a failure’.

Carmel Budiardjo, TAPOL

Flag raisers to go on trial in Manokwari

JUBI, 11 February 2011

Flag raisers to go on trial in Manokwari

Two Papuans are due to go on trial in Manokwari for raising the 14-star flag. The two men are Melkinus Bleskadit and Dance Bleskadit who, along with five others, raised flags on 14 December 2010. The documents regarding the two men were handed over by the police to the attorney’s office.

A lawyer acting for the two men, Yan Christian Warinussy, said that this is the second stage in the judicial process, following interrogation and bringing together other evidence.

‘The two men are now awaiting action on their case by the prosecutors who will present the charges against them,’ he said. He said that the two men were likely to be charged for treason – makar – and the lawyer hoped that the trial proceedings would commence as soon as possible.

Four others involved in the flag raising are Jhon Wena, 21, George
Rawiay, 20, Benha Supangha, 20, and Alex Duwen, 22. [The name of the fifth person was not mentioned .] The ages of the two men due to be formally charged were not given.

The seven men were arrested as they were commemorating the anniversary of the independence declaration of the West Melanesian Republic on 14 December 2010.

The five men are being held in police custody and are still undergoing
interrogation by the police.

JUBI: PAPUANS URGED NOT STAND FOR MRP

JUBI, 10 February 2011

PAPUANS URGED NOT STAND FOR MRP

The legal aid organisation, LP3BH, has called on Papuans not to agree
to be nominated for a seat on the MRP (Papuan People’s Assembly) in the forthcoming elections. They should also reject the entire nominations process which is now being organised by two agencies, the Kesbangpol and the LMA.

Speaking on behalf of the LP3BH, its executive director, Yan Christian
Warinussy urged Papuans to reject any offers to be nominated for the
MRP. He said that by accepting nominations, Papuans would be indicating that they support the election of a new MRP. If Papuans refuse to be nominated, this will thwart the efforts of the government to continue with the election process.

He said that by adopting such a position, Papuans will be showing that they do not support the efforts currently under way throughout West
Papua to elect members of a new MRP in all parts of the territory.

On 26 January 2011, thousands of Papuans from a variety of communities and churches took part in a demonstration calling on the Papuan provincial council, the DPRP, to halt the election of members of the MRP. The demonstrators called on the DPRP, the central government and the provincial government to respond to the eleven recommendations adopted on 9 June 2010 by the grand assembly of Papuan communities and the MRP.

[These recommendations included the call for a referendum to be held in West Papua, for the Special Autonomy Law 21/2001 to be handed back to the government and for a dialogue between the Papuan people and the Indonesian government. The first MRP was set up in 2006 in accordance with the provisions of this law. Since late last year, there have been many demonstrations in West Papua calling for the ‘return’ of the special autonomy law to the government.]

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