Reports
West Papua Report
August 2010
West Papua Report August 2010
This is the 74th 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. Beginning with this edition the West Papua Report will include a Bahasa Indonesia translation of the summary and subject titles. 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.htmQuestions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com.
Summary:
Fifty members of the U.S. Congress, under the leadership of House Foreign Affairs sub-committee chairs Faleomavaega and Payne, have written to President Obama to express their deep concern about West Papua, noting indications of Indonesian “slow-motion genocide” against Papuans. The Representatives strongly urged President Obama to give West Papua a high priority in U.S. policy towards Indonesia and also called on him to meet with Papuans in his scheduled November visit to Indonesia. The Obama Administration has announced it will open contact with the infamous Indonesian Special Forces (Kopassus), notwithstanding a decade old Congressional consensus against ties with that group unless and until that unit undergoes fundamental reforms. Papuan Political Prisoner Filep Karma told international media that U.S. support for Kopassus would only increase that units capacity to repress Papuans. An International Court of Justice opinion granting Kosovo the right to declare its independence would appear to have implications for Papuans pursuit of self-determination. Indonesian analysts assess that Indonesian central government unwillingness to dialogue with Papuans inevitably leads Jakarta to resort to its repressive “security approach.” Reports of abuse of Papuan prisoners in Indonesian prisons by their Indonesian guards continue. The Indonesian Seafarers Association has revealed Navy and Fisheries Ministry collusion with foreign fishing vessels illegally fishing in Papuan waters. The report also notes the role of foreign fishermen in the transmission of HIV/AIDS in Papuan ports of call.
Contents
- Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua
- U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua
- International Court of Justice Ruling of Kosovo Independence May Have Relevance for West Papua
- Jakarta’s Unwillingness to Dialogue with Papuans Endangers Peaceful Resolution of Papuan Claims
- More Reports of Prisoner Abuse in West Papua
- Indonesian Navy and Fisheries Ministry Collude with Illegal Foreign Fishing Vessels
Fifty Members of U.S. Congress Write to President Obama over “Strong Indications” of Indonesian Genocide in West Papua
The Chairs of the U.S. Congressional Subcommittees on Asia, the Pacific and the Global Environment, Rep. Eni F.H. Faleomavaega, and Chairman Donald M. Payne of the Subcommittee on Africa and Global Health have spearheaded an effort in Congress calling upon President Obama to “make West Papua one of the highest priorities of the Administration.”
As a result of their efforts, 50 members of the U.S. Congress signed a letter to the President stating that there is strong indication that the Indonesian government is committing genocide against Papuans. Many of those who signed the letter are members of the Congressional Black Caucus. The signatories include men and women who fought for civil rights in America in the 1960s. In addition to the Congressional Black Caucus, many others who are long-time advocates of human rights joined this request to the President of the United States, including members of the Hispanic Caucus. The last remaining member of the Kennedy family in Congress, Rep. Patrick Kennedy from Rhode Island, also joined the letter to President Obama.
An August 1 press release from Representative Faleomavaega’s office notes that the letter to the President “suggests that slow motion genocide has been taking place in West Papua and reviews findings by human rights organizations and scholars who have conducted extensive research about crimes against humanity and genocide by Indonesian security forces.”
The press release also observes that “according to international agreements, other nations are legally obligated to intervene when a genocide is in process and Members of Congress remain hopeful that President Obama and the U.S. State Department will hold Indonesia accountable.”
Members concluded their letter by encouraging the President to meet with the Team of 100 from West Papua during his upcoming visit, noting that President Obama has the opportunity to bring lasting change to this part of the world. While Papuan leaders have repeatedly tried to engage in dialogue with the Indonesian government, dialogues have failed to produce concrete results and Papuan leaders are now calling for an International Dialogue. In this context, signatories of the letter have asked President Obama to meet with the people of West Papua during his upcoming trip to Indonesia in November.
U.S. Government Resumes Collaboration with Military Unit Long Associated with Human Rights Abuse in West Papua
The U.S. government announced that it is resuming contact with the Indonesian Special Forces (Kopassus). U.S. Secretary of Gates, visiting Jakarta July 22, announced the decision with caveats, noting that the resumption of contact would proceed “in accordance with U.S. law, only on the basis of future reforms within Kopassus.” Specifically, Gates told media that the U.S. would undertake a “gradual, limited program of security cooperation activities,” conditioned on “continued reform” (sic) within Kopassus and the TNI. According to Gates, the engagement “may be initially limited to including Kopassus officials in “conferences and events involving non-lethal subjects like rule of law, human rights and the military decision-making process.”
According to the 2001 Leahy Law, the the U.S. Administration can not proceed beyond contact/consultations to actually resuming training and weapons funding for Kopassus absent Indonesian government action to ensure justice in any cases of “gross violations of human rights” involving Kopassus personnel (past, current or future). In the language of the law, “If the Secretary of State has credible evidence that such unit has committed gross violations” the U.S. Government is disallowed from expending funds unless “the Secretary determines and reports to the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice.”
The career fates of a number of prominent and not so prominent Kopassus officers with credible claims of human rights violations in their records have been and continue to be the focus of much debate in Washington regarding U.S. aid to Kopassus. In recent months the U.S. has quietly pressed for the Indonesian government to scrub abusive officers from Kopassus’s rolls.
One of the Kopassus officers upon the policy debate has focused is Lt. Col, Tri Hartomo who was convicted in 2003 of the “torture murder” of Papuan political leader Theys Eluay. Hartomo was sentenced to 42 months in prison. That sentence, and even shorter sentences handed down against the other six Kopassus personnel convicted in the case, pale beside those handed out to Papuans for nonviolent crimes such as displaying the Papuan “morningstar flag.” Moreover, Hartomo upon release returned to Kopassus ranks. General Sjafried Sjamsuddin, appointed deputy Defense Minister earlier this year, is a Kopassus officer similarly charged with egregious human rights abuses, notably in East Timor. The U.S. administration’s casual claim that the general was “only implicated’ and not “convicted” of numerous human rights abuses begs the broader reality that Sjamsuddin, like so many other senior Kopassus and TNI officers, has managed to evade any trial for his behavior in Indonesia’s flawed justice system. The U.S. administration’s willingness to look the other way regarding Sjamsuddin contrasts with its decision in September 2009 to deny Sjamsuddin a visa to visit the U.S.
The U.S. Administration’s decision to move forward to resume ties to Kopassus notwithstanding its insubstantial reforms has particular relevance for West Papua. Twenty percent of Kopassus’s 5,000 personnel are stationed in West Papua. Human Rights Watch, in a June 2009 report, documented continued Kopassus human rights abuse targeting Papuans in the Merauke area. Political Prisoner Filep Karma, convicted of non-violent protest in 2001 and sentenced to 15 years imprisonment, told media in late July that U.S. assistance to Kopassus would simply increase the capacity of that unit to torture and kill Papuans.
see
- ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia’s Kopassus Killers
- WPAT: Statement Regarding the U.S. Government’s Decision to Resume Cooperation with Indonesian Special Forces (Kopassus)
International Court of Justice Ruling of Kosovo Independence May Have Relevance for West Papua
The International Court of Justice ruled, July 22, 2010, that the Kosovo 2008 declaration of independence from Serbia did not violate international law. The decision flowed from the submission of a question by the government of Serbia to the ICJ which won the support of 77 members of the UN General Assembly (including Indonesia). That initiative sought (unsuccessfully) to secure an ICJ ruling that the Kosovo declaration was illegal under international law.
The ICJ decision has drawn broad international comment, much of it arising from the prospect that other cases involving secessionist movements might be advanced by this “Kosovo precedent.” The Kosovo case was the first case of unilateral secession to be brought before the ICJ.
Thus far, there has been no systematic attempt to apply the ICJ decision to the case of West Papua. Nevertheless, several principles established within the ICJ decision may apply to the call by some Papuan organizations and individuals for a Papuan “right to self-determination.” These include the ICJ’s acceptance of the presumption in international law that civil and human rights, including the rights of minorities, should be protected. A Dutch government submission to the ICJ in the Kosovo case, for example, would appear to be relevant to the West Papua circumstance:
- “The people of Kosovo had the right to self-determination and secession from Serbia because the Belgrade authorities systematically violated civil and human rights of Albanians for years. International law thus allows the proclamation of Kosovo’s independence.”
West Papua Report
August 2010
West Papua Report August 2010
Summary:
Fifty members of the U.S. Congress, under the leadership of House Foreign Affairs sub-committee chairs Faleomavaega and Payne, have written to President Obama to express their deep concern about West Papua, noting indications of Indonesian “slow-motion genocide” against Papuans. The Representatives strongly urged President Obama to give West Papua a high priority in U.S. policy towards Indonesia and also called on him to meet with Papuans in his scheduled November visit to Indonesia. The Obama Administration has announced it will open contact with the infamous Indonesian Special Forces (Kopassus), notwithstanding a decade old Congressional consensus against ties with that group unless and until that unit undergoes fundamental reforms. Papuan Political Prisoner Filep Karma told international media that U.S. support for Kopassus would only increase that units capacity to repress Papuans. An International Court of Justice opinion granting Kosovo the right to declare its independence would appear to have implications for Papuans pursuit of self-determination. Indonesian analysts assess that Indonesian central government unwillingness to dialogue with Papuans inevitably leads Jakarta to resort to its repressive “security approach.” Reports of abuse of Papuan prisoners in Indonesian prisons by their Indonesian guards continue. The Indonesian Seafarers Association has revealed Navy and Fisheries Ministry collusion with foreign fishing vessels illegally fishing in Papuan waters. The report also notes the role of foreign fishermen in the transmission of HIV/AIDS in Papuan ports of call.
The U.S. government announced that it is resuming contact with the Indonesian Special Forces (Kopassus). U.S. Secretary of Gates, visiting Jakarta July 22, announced the decision with caveats, noting that the resumption of contact would proceed “in accordance with U.S. law, only on the basis of future reforms within Kopassus.” Specifically, Gates told media that the U.S. would undertake a “gradual, limited program of security cooperation activities,” conditioned on “continued reform” (sic) within Kopassus and the TNI. According to Gates, the engagement “may be initially limited to including Kopassus officials in “conferences and events involving non-lethal subjects like rule of law, human rights and the military decision-making process.”
The violation of Papuan civil and human rights is well-established including by reports of UN special rapporteurs, various governments (including annual reports by the U.S. State Department) and respected international NGOs and journalists.
A second principle established by the July 22 ICJ ruling of possible relevance to West Papua addresses the “right to self-determination” itself which the ICJ earlier found in the case of East Timor to be jus cogens, a fundamental principle of law accepted by the international community, and that this right extends to all peoples, not only those emerging from a colonial context. The right is also enshrined in Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Indonesian is a party to both covenants.
Jakarta’s Unwillingness to Dialogue with Papuans Endangers Peaceful Resolution of Papuan Claims
The Jakarta media in July reported on the deteriorating prospects for peaceful settlement of a rising tide of Papuan discontent over the failure of “special autonomy” in West Papua. The July 29 Jakarta Post carried a report by Max Sijabat which emphasized that efforts to address “long-standing problems” were in “limbo” due to an absence of dialogue. Analysts cited in the report drew special attention to the June 9-10 consultation in Jayapura among 450 leading Papuans (see July 2010 West Papua Report ) who urged among other things, formal rejection of “Special Autonomy.” The report cited leading Papuan civil society figure Benny Giay as noting that the consultation that Special Autonomy funds “only enriched local elites, while most indigenous people have been marginalized by immigrants or remain isolated in the jungle.”
Statistics revealed by consultation participants underscored the extent to which Papuans remain marginalized in their own lands: Poverty among Papuans stands at over 81 percent while 70 percent of residents with HIV/AIDS In West Papua are indigenous Papuans. Underscoring Giay’s point regarding failure of special autonomy to address Papuan needs, the consultation revealed that 95 percent of local budget funds “are spent outside Papua.”
According to the Jakarta Post, Agus Alua, spokesman for the Papuan Peoples Consul (MRP), noted that Jakarta has declined to draft regulations that would allow the Papuan MRP and the provincial legislature to issue regulations, including affirmative action for indigenous people and the settlement of human rights abuses.
Muridan S. Widjojo of the Indonesian Institute of Sciences (LIPI), who was assigned by President Susilo Bambang Yudhoyono in 2005 to identify the most serious problems in Papua, spoke candidly about the current situation. He told the Jakarta Post that the Indonesian Government “should learn from now independent Timor-Leste and the peace talks ending the war with separatists in Aceh. In Timor Leste, he said, “we relied too much on the Indonesian Military and the National Intelligence Agency.”
As in the Suharto era, Jakarta has relied heavily on the “security approach” to address Papuan discontent and, also as in the Suharto era, has sought to hide the resultant suffering of the Papuans behind a a curtain of restrictions that impede or bar journalists and others from covering developments in West Papua.
A July 27 Jakarta Post article, authored by prominent Papuan religious leader Father Neles Tebay, argued that the symbolic action of handing back the Special Autonomy law would complicate an already difficult situation for the government, specifically in its diplomatic efforts to convince the international community that the autonomy law is fully implemented and has improved Papuan prosperity.
More Reports of Prisoner Abuse in West Papua
The Jakarta Globe on July 12 carried a detailed report of a July 11 prisoner “riot” in Abepura prison. The violence reportedly erupted after prison guards beat another inmate and stole his money.
The report comments that “Abepura Penitentiary has a wretched security record, with mass breakouts occurring regularly at the facility. In May, 18 inmates escaped during a protest by correctional guards over the sacking of then chief warden Antonius Ayorbaba.
In June, 26 prisoners broke out by scaling down a prison wall using a rope strung together with bed sheets. Only two inmates have been recaptured.
“Several correctional guards refuse to cooperate with the new warden, leading to gross derelictions of duty that have left security at the penitentiary in an appalling state,” Nazaruddin said after the June breakout.
Separate reporting of prisoner beatings, failure to provide adequate medical care are common. A UN Special Rapporteur in 2007 detailed systematic abuse of prisoners. More recent reporting by Human Rights Watch, Amnesty International and others have reconfirmed those findings.
A resolution addressing the detention of Papuan political prisoners is currently gaining co-sponsors in the U.S. Congress.
Indonesian Navy and Fisheries Ministry Collude with Illegal Foreign Fishing Vessels
Papuans and foreign observers have long been critical of the Indonesian government for failing to protect Papuan forest resources which have been exploited, often illegally, with no attempt by security forces to protect those resources. There are many well documented reports of security force collaboration with those involved in the illegal exploitation.
Recent studies by the Indonesian Seafarers Association (KPI), reported in the July 28 Jakarta Post, document security force failure to protect Papuan sea resources as well. The KPI study revealed that although the Maritime Affairs and Fisheries Ministry had stopped issuing permits to foreign fishing vessels, thousands were still freely operating. The foreign vessels, mostly from the Philippines, South Korea and Thailand, fish illegally with impunity due to the failure of the Indonesian Navy and Maritime Affairs and Fisheries Ministry ships to protect Indonesian waters. Instead, “many Navy and Ministry ships regularly patrol the waters – not to catch illegal fishing vessels but to extort money from them,” according to KPI chairman Hanafi Rustandi.
The Seafarers study also revealed that the government’s failure to control the operation of foreign fishing vessels, contributed to an increase in cases of HIV/AIDS in the country’s eastern regions of Papua and Maluku. The KPI study revealed that the highest prevalence of HIV/AIDS cases are in two fishing ports in Maluku and in and Papua’s coastal regencies, including Merauke, Mimika and Fakfak.
KPI Chairman Rustandi noted that foreign ships cost Indonesia dearly in terms of fish, and have caused incalculable damage in terms of facilitating the spread of HIV/AIDS in the region.
West Papua Report
July 2010
West Papua Report
June 2010
This is the 73rd 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.
Summary
The West Papua Advocacy Team editorially notes that Papuans are welcoming the June visit of President Obama to Indonesia with the hope that the administration will seek to build a new U.S.-Indonesian relationship not based on military and commercial interests but rather founded on common respect for human rights and democracy. That hope fuels Papuan beliefs that such a transformation in the U.S. perspective could bring about fundamental change in their plight, an increasingly desperate situation in which the U.S. is historically complicit. A military ultimatum to a rebel leader in the Papuan central highlands and thus far small scale military operations there are raising fears of a massive “sweeping operation” when the ultimatum expires in June. Initial reports indicate that operations may have begun ramping up at the end of May. In the past such operations have uprooted thousands of civilians and led to many civilian deaths. Leading U.S. legislators have strongly cautioned the U.S. administration against resuming training and other assistance to the Indonesian Special Forces (Kopassus). Those forces are among the most prominent violators of human rights, especially in West Papua. Also in the U.S. Congress, Congressman Patrick Kennedy has launched a resolution in the U.S. Congress which expresses the sense of the House of Representatives regarding the human crisis facing Papuans. The resolution, now gaining support in the U.S. House of Representatives, calls on the Government of Indonesia to address human rights concerns, including the abuse of detainees. An editorial by a senior official in Human Rights Watch has again called attention to extraordinary abuse of prisoners in West Papua and decried the unaccountability of the abusers. Indonesian authorities have again prevented international journalists from documenting peaceful civil dissent in West Papua. An Amnesty International report is strongly critical of the Indonesian government’s continued repression of dissent noting in particular the use of torture against peaceful demonstrators. The Indonesian government is moving forward with plans for a massive “food estate” in the Merauke area of West Papua. The plan has drawn strong criticism from Papuan and international observers concerned that the government-organized in-migration of very large numbers of non-Papuans to work in the estate will further marginalize Papuans, amounting to what could be described as creeping genocide. Environmentalists have also voiced concern about the destruction of vast stretches of forest and peatland which will significantly increase carbon emissions.
Contents
- Editorial – West Papua Advocacy Team: The Audacity of Hope in West Papua
- New Bloodshed in Papuan Central Highlands
- Prominent U.S. Senators and Congresspersons Urge No Assistance to Kopassus
- New Congressional Resolution on “Crisis in Papua and West Papua” Gaining Support
- Leading International Human Rights Voice Decries Thuggery in Indonesian Prison
- Press Freedom Again Under Assault in West Papua
- Amnesty International Annual Report
- “Food Estates” in West Papua Raise Fears of Systematic Marginalization
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The incompleteness of “reformasi” is reflected in today’s Indonesia, where a powerful and unaccountable military continues to play the role of enforcer for a corrupt elite which colludes with international corporate interests for profit. U.S. government/corporate political and economic support for the old corrupt elite and especially for the ousted dictator’s military have been an important constraint on democratic progress in Indonesia. |
Editorial – West Papua Advocacy Team
The Audacity of Hope In West Papua
President Obama’s upcoming visit to Indonesia presents an opportunity for the American leader to inaugurate a new U.S.-Indonesian relationship, heralding what could be a key Asian Pacific partnership. But such a transformation of a long-troubled relationship will require a fundamentally new basis for that relationship. Through the administrations of nine U.S. Presidents, the U.S.-Indonesian relationship has been shaped by the self-serving ambitions of U.S. strategic defense planners and U.S. corporations. U.S. military planners and corporate interests, for decades, allied with a brutal dictator and his corrupt entourage in an amoral bargain that traded U.S. political and military support for Indonesian allegiance to the West in the Cold War and Indonesian willingness to serve as a platform for corporate exploitation of its vast natural resources.
A people’s campaign demanding “reformasi” succeeded in 1998 in ousting the brutal Suharto dictatorship, but failed to reform the corrupt elite-based system, backed by an abusive military which continues in power. The incompleteness of “reformasi” is reflected in today’s Indonesia, where a powerful and unaccountable military continues to play the role of enforcer for a corrupt elite which colludes with international corporate interests for profit. U.S. government/corporate political and economic support for the old corrupt elite and especially for the ousted dictator’s military have been an important constraint on democratic progress in Indonesia.
Nevertheless, the popular democratic reform movement, despite intimidation, has scored important gains. Largely democratic elections have empowered Presidential administrations which have broadened freedoms and given vocal if not always substantive support to popular calls for respect for human rights and military reform and accountability.
This progress is strikingly absent in one part of the Indonesian archipelago. In West Papua, the old Suharto Dictatorship rules still apply. Security forces rampage through rural areas in purported search of armed militants but in the process displacing thousands of civilians. Popular dissent in West Papua is met with the “security approach” through which security forces use Dutch colonial and Suharto era laws and regulations to criminalize free speech and peaceful dissent. Peaceful demonstrators are imprisoned for years on charges of “subversion” or “treason” for peacefully displaying the Papuan “morningstar” flag or for challenging the 1969 “Act of Free Choice” annexation of West Papua, widely viewed abroad as coerced and undemocratic. Critics of the central Government’s policies are labeled as “separatists” and subjected to extra-legal security force intimidation or incarceration in facilities which the UN and other human rights monitors have described as health and even life threatening. The Suharto era policy of “transmigration,” through which millions of Indonesians were transferred from one archipelago island to another, creating generations of social conflict between the migrants and local peoples, has been re-initiated in West Papua. As in the past, people on the receiving end of these policies suffer the unreimbursed seizure of property and economic and political marginalization. New oil palm and food “estates” pose the prospect of accelerated destruction of forests and, ultimately, transformation of Papuans into a powerless minority within their own homeland.
Papuans see in the visit of President Obama, an innovative leader who is himself a member of a racial minority, hope for change in what has been over four decades of privation and abuse. They are keenly aware that the U.S. conspired in the transfer of their homeland to Indonesian control under the aegis of the infamous 1969 “Act of Free Choice.” They are also aware that U.S. corporations have been among the most destructive of their natural resources and that the U.S. long backed some of the most abusive elements of the Indonesian military, notably the special forces or “Kopassus.”
Their hope that President Obama, a Nobel Peace Prize laureate, might bring fundamental change to their plight rests on the simple but powerful expectation that this President will seek to establish a new relationship with Indonesia, based on respect for human rights and genuine democratization. It is an audacious hope.
New Bloodshed in Papuan Central Highlands
Tensions are again intensifying in Mulia area in the Papuan Central Highlands region of Puncak Jaya. On May 21, unknown personnel attacked Indonesian military (TNI) near Yambi, 75 kms from Mulia. That attack followed a May 17 TNI attack on a purported base of the Papuan Independence Organization (OPM) near Goburuk village in which one alleged local leader was killed. The spokesperson for the police, Senior Commander Agus Rianto, claimed that the victim was shot while trying to escape. Although Rianto claimed the victim had been involved in an earlier OPM attack, the police spokesperson appeared to contradict himself by noting that the body of the victim was being held for identification.
This violence follows the killing of three construction workers in April, purportedly carried out by the OPM. Separately, Papuan human rights defenders have reported that the Indonesian military have been launching sweep operations during the third week of May in the Tingginambut district. According to the report, homes in three villages have been burnt, two people killed, one woman raped, and all livestock in the three villages killed by Indonesian military.
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In the past such sweep operations have forced civilians to abandon their villages and seek shelter either with relatives or in the surrounding jungles where food shortages and lack of medical care have led to illness and death. Such sweep operations often continue for months, disrupting local trade and preventing villagers from tending local gardens. Security forces have also prohibited humanitarian relief operations from reaching the besieged civilian populations. |
Indonesian security authorities have given the local OPM commander Goliat Tabuni until June 28 to surrender to authorities. Papuans in the area have expressed fear that the Indonesian military (TNI) will launch broader “sweep operations” on or soon after that date on the pretext of searching for Tabuni’s OPM personnel. In the past such sweep operations have forced civilians to abandon their villages and seek shelter either with relatives or in the surrounding jungles where food shortages and lack of medical care have led to illness and death. Such sweep operations often continue for months, disrupting local trade and preventing villagers from tending local gardens. Despite desperate circumstances, security forces have also prohibited humanitarian relief operations from reaching the besieged civilian populations.
Local officials, without offering evidence, speculated that “intellectual activists” could have inspired the alleged OPM attacks. Puncak Jaya District Chief (“Regent”) Lukas Enembe claimed that government efforts to win the support of the local community against the pro-independence forces had been unsuccessful because “activists” had “provoked” the community. Such claims, in the past, have been used to justify military pressure on NGO, church and other personnel in the area.
Note: As this report was being finalized there were reports from West Papua of Indonesian military attacks in Jambi, Sinak Ilu and Tingginambut districts in the Puncak Jaya. Although details in this initial reporting are lacking, the accounts from West Papua indicate that seven people have been killed in these military operations which include military use of rockets, bazookas and grenades.
Prominent U.S. Senators and Congresspersons Urge No Assistance to Kopassus
Thirteen U.S. Congressional leaders, including Chairs of the Senate and House Foreign Affairs Committees, have written to Secretary of State Clinton and Secretary of Defense Gates strongly urging caution with regard to purported Administration plans to resume U.S. cooperation with the Indonesian Special Forces or “Kopassus.” The May 13 letter stated plainly: “we do have serious concerns with the Administration’s intention to reengage with Unit 81 of the Indonesian Special Forces, known as Kopassus.” The letter questioned the Indonesian military’s “willingness to cooperate with the United States and Indonesian civilian justice institutions in permanently removing human rights violators from military ranks and in holding senior officers accountable for past abuses.” The senior legislators also expressed doubts about the effectiveness of the “vetting process” which allegedly would screen out individual human rights violators from any U.S. programs.
The letter called into question Indonesian government assurances regarding Kopassus reform and insisted that the Administration engage with the Congress before any final decision is taken. It called for “prior consultation with Congress before engagement with Kopassus and an annual review … to ensure that our assistance meets the requirements of U.S. law and fulfills our broader interests.”
The unusually strong Congressional reaction to the prospect of U.S. military assistance to Kopassus coincides with persistent criticism of the proposal from U.S. and Indonesian NGOs who, inter alia, have noted the June 2009 Human Rights Watch report “What Did I Do Wrong“ which detailed Kopassus abuse of Papuan civilians. The letter also has prompted a statement from Papuan elders that strongly commends the U.S. Congress for its May 16 letter.
| Sign the petition opposing U.S. cooperation with Kopassus |
New Congressional Resolution on “Crisis in Papua and West Papua” Gaining Support
Congressman Patrick Kennedy has launched a resolution in the U.S. Congress expressing the sense of the U.S. House of Representatives regarding the “Human Rights Crisis in Papua and West Papua. The resolution, now working its way through Congress, calls on the Government of Indonesia to report to the international community specific progress made regarding:
(A) the end of abuse of those detained by authorities in Papua and West Papua and prosecution of those guilty of that abuse;
(B) actions taken by the Government of Indonesia to improve conditions of incarceration, especially in Papua and West Papua;
(C) measures taken to protect the right of its citizens to peaceful assembly and association as well as the freedom of speech and specifically symbolic speech, such as raising banners or flags;
(D) compatibility of Indonesian law that criminalizes peaceful political dissent and conflicting Indonesian commitments concerning the rights to freedom of speech and assembly guaranteed by international covenants to which Indonesia is a party, to include the Universal Declaration of Human Rights; and
(E) provision to or access to detention facilities in West Papua by recognized human rights monitoring institutions, including the International Committee of The Red Cross; and
(2) the Government of Indonesia should allow an independent, third party human rights organization to review prison conditions with special attention to Papuan inmates and on the basis of that review, formulate a series of recommendations to the Government of Indonesia that would facilitate prison and legal reforms especially to
(A) address deficits in facilities, personnel training, and procedures for the purpose of improving the humanitarian treatment of those detained;
(B) formulating procedures, including judicial reform and legal remedies to ensure that prison authorities face appropriate punishment for mistreatment of those detained; and
(C) encourage reform of the Indonesian criminal code and sentencing procedures to ensure that they reflect Indonesia’s commitments under international undertakings and Indonesia’s own legal obligations to protect fundamental human rights, including the rights to freedom of speech and peaceful assembly and association.
Leading International Human Rights Voice Decries Thuggery in Indonesian Prison
In a May 18 piece appearing in the Jakarta Globe, Elaine Pearson, Human Rights Watch’s Asia chief, wrote a scathing commentary that focused on the brutality that persists in Indonesia’s prisons. Pearson drew specifically on a recent rampage by guards at a prison in West Papua. In early May, a government move to replace the widely condemned brutal Abepura (West Papua) prison warden Ayorbaba led to a rampage by prison guards who severely beat prisoners. HRW and others had specifically condemned Ayorbaba for his failure to control prison guards who have beaten prisoners, in some instances causing permanent injury. In a widely condemned incident, Ayorbaba has prevented prisoner of conscience from obtaining urgently needed medical attention.
Ayorbaba’s much delayed removal was finally prompted by a recommendation by the Indonesian National Human Rights Commission (Komnas Ham). Pearson emphasized that while welcome, Ayorbaba’s removal was insufficient to address the gravity of the crimes that have transpired under his watch. He and others who have violated human rights – and Indonesian law – should be prosecuted. Pearson also called for the Indonesian government to allow the International Committee of the Red Cross (ICRC) to resume its visits to prisons in West Papua. The Government expelled the ICRC from West Papua in April 2009.
Human Rights Watch has been a perceptive and persistent observer of the human rights environment in West Papua. Its fact-based analyses and recommendations have an important audience in Washington and internationally.
Press Freedom Again Under Assault in West Papua
The Indonesian Government has detained and expelled two French journalists from West Papua. The two were detained May 26 while filming a peaceful political protest in the Papuan capital, Jayapura (aka Port Numbay). Indonesian authorities said neither of the two journalists had the special permits required for foreign journalists to work in West Papua. Indonesia prohibits foreign journalists from working in West Papua without a special permit. The practice has been roundly criticized internationally, including by members of the U.S. Congress, human rights organizations and others.
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We are condemning the government move to keep the journalists from doing their work. There should not be any limitation to what the reporters can or cannot cover as long as it does not violate press laws,”Victor Mambor, chairman of the Papua chapter of the Independent Journalist Alliance (AJI) said. |
One of the French journalists, Baudoin Koenig, protested the Indonesian action noting, ”I completely complied with all the rules and have all the necessary documents,” he said, adding that he had a valid journalist visa and a foreign journalist press card issued by the Ministry of Foreign Affairs.
Indonesian journalists have joined in criticism of this latest example of constraints on press freedom in West Papua. Victor Mambor, chairman of the Papua chapter of the Independent Journalist Alliance (AJI), said the government had crossed the line. ”We are condemning the government move to keep the journalists from doing their work. There should not be any limitation to what the reporters can or cannot cover as long as it does not violate press laws,” he said.
Indonesian efforts to obscure the behavior of its officials, notably its security officials, have also extended to diplomats, who must notify the government of plans to go to West Papua. The Indonesian government, in April 2009, expelled the International Committee of the Red Cross from West Papua, after that Nobel Peace Prize laureate visited a prison in West Papua.
Amnesty International Report
Amnesty International’s annual report shed light on continued violence and discrimination targeting Indonesia’s minority and religious groups. The report included an account of police excesses in West Papua where, it said, “Police torture was widespread during a series of arrests, interrogations and detentions.” It also noted in West Papua, “Security forces also allegedly committed unlawful killings.”
According to the report, the Indonesian government continued to repress basic democratic rights, and Indonesia has limited freedom of expression detaining 114 people in 2009 (throughout Indonesia) for public statements or demonstrations of dissent. The Amnesty report assessed: ”The overwhelming majority [of those detained] were peaceful political activists who were sentenced to terms of imprisonment for raising prohibited pro-independence flags in Maluku or Papua.”
Amnesty International also noted that those who sought to defend the rights of others were often themselves the targets of abuse. It reported that the government continued to intimidate and harass human rights activists and that ”at least seven [human rights defenders] faced criminal defamation charges.” It concluded that “most past human rights violations against [human rights defenders], including torture, murder and disappearances, have remained unsolved and those responsible have not been brought to justice.”
“Food Estates” in West Papua Raise Fears of Systematic Marginalization
A study compiled and released by Septer Manufandu of Papua NGOs Cooperation FORUM includes a highly skeptical review of plans for a “food estates” to be created in the area of Merauke. The report, only the latest of a series of negative reviews, underscores the consequences for Papuans of a migration of vast numbers of non-Papuans into the area to work the estates.
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The incompleteness of “reformasi” is reflected in today’s Indonesia, where a powerful and unaccountable military continues to play the role of enforcer for a corrupt elite which colludes with international corporate interests for profit. U.S. government/corporate political and economic support for the old corrupt elite and especially for the ousted dictator’s military have been an important constraint on democratic progress in Indonesia. |
The fate of Papuans who now inhabit and work the targeted land according to the report is dire with expectations that they will be pushed aside to make way for newcomers and “development,” as had been the plight of Papuans in the past. The Government itself has estimated that as a consequence of the “estate” project in Merauke, the local population could grow from a current figure of 175,000 to 800,000, most of these presumably non-Papuan migrants. Reputable Papuan NGO’s have calculated inflows of migrants as a result of central government-planned ‘development” projects in West Papua will grow to millions, easily overwhelming the Papuan population of approximately two million. Papuan Governor Suebu has spoken of his concern about uncontrolled migration into Papuan territory and has urged the local Parliament to explore legislation that would impose some degree of control over the influx.
The Merauke Integrated Food and Energy Estate (MIFEE) is but the first of seven such food-producing estates being planned for West Papua. It will encompass an area of 1.6 million hectares. Thus far, 32 companies have expressed an interest in investing in the project, and six of these have already been granted licenses.
The Estate was also the subject of sharp criticism by the Aliansi Masyarakat Adat Nusantara (AMAN) which delivered a statement April 23 to the UN Permanent Forum on Indigenous Peoples in New York. The statement, endorsed by 26 Indonesian and international NGOs, noted in part:
“This kind of large-scale business in Indigenous Territories, without their Free, Prior and Informed Consent (FPIC) will only exacerbate the human rights situation, leading to forced evictions and other human rights violations.” The statement included several recommendations, among these that “the Government of Indonesia invite the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples and the UN Special Rapporteur on the Rights to Food, to visit and to make a report concerning the situation of Indigenous Peoples in Merauke and West Papua in general, affected by MIFEE and other business development.”
Although the Forestry Ministry has said the project would utilize “idle forestlands in Merauke,” environmentalists worry that the projects would add to massive deforestation and harm efforts to cut carbon emissions. In this context, the estates could jeopardize an international agreement between Indonesia and Norway intended to protect forestlands. The Governments of Norway and Indonesia in late May signed an agreement that requires Indonesia to desist from destruction of forests and peatland in exchange for a $1 billion grant from the Norwegian government.
WPAT Comment: WPAT fears that these planned food estates will deprive Papuans of their traditional resources for hunting and fishing and destroy the very basis of their livelihoods. This would follow the pattern of other such “development’ schemes, most notoriously the Freeport McMoran copper and gold mine, which has displaced thousands of Papuans and has destroyed vast stretches of pristine forest. The mine has transformed an entire river system, the Ajkwa, into a disposal system for mine tailings, in the process destroying vast stretches of trees and polluting the riverine environment.
The massive influx of government-organized, non-Papuan migrants to this “estate” in Merauke, and to other planned “development” projects could fundamentally alter the Papuan-migrant balance in West Papua. Considering the massive migration envisioned in the government planning, the projects could hasten the impact of past government policies and actions that have had the effect of a creeping genocide that relegates Papuans to a politically and economically disempowered minority status in their own homeland. Investors, particularly foreign investors, complicit in this planning could incur significant responsibility for such an outcome.
West Papua Report
May 2010
This is the 72nd 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.
Summary
Indonesia’s Special Forces (Kopassus) and U.S.-backed Detachment 88 troops joined in an assault on peaceful demonstrators in Manokwari. It is unclear if any of those initial detained remain in custody. The Jakarta Post reports chronic malnutrition among Amungme and Kamoro children who live in the shadow of the massive Freeport McMoran copper and gold mine. A prominent leader of PDI-P has called for creation of truth and reconciliation commissions for Aceh and West Papua. Pressure appears to be building for a military response to dissent in West Papua, including the targeting of NGOs. Leading human rights organizations and churches have called for an end to mistreatment of political prisoners in West Papua and an investigation of security force killing of activists. Indonesian intelligence and special forces are attempting to create a false front organization in Biak to replace a legitimate one established by the local people.
Contents
- Security Forces Attack Peaceful Demonstrators in Manokwari
- Freeport Ignores Childhood Malnutrition at Its Doorstep
- Call for Truth and Reconciliation Commission in West Papua
- Pressure Grows For Military Response to Political Dissent in West Papua
- Rights Groups Decry Mistreatment of Political Prisoners and Failure to Investigate Killing of Activists
- Indonesian Intelligence and Special Forces Seek to Create a Stooge Traditional Council in Biak
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What is democracy if you can’t have a rally? Where is Yudhoyono? Why doesn’t he pull back his security forces? |
Security Forces Attack Peaceful Demonstrators in Manokwari
Sources in West Papua reported on the latest security force assault on peaceful demonstrators. The U.S.-organized and -funded Detachment 88 attacked peaceful protesters in Manokwari on April 22. The attacking force also included BRIMOB (militarized police) and Dalmas (a special security unit). Video of the attack revealed plainclothes officials also assaulting the demonstrators. (The plainclothes officials may have been Kopassus or military intelligence (BIN) which often work out of uniform.)
According to a report from the scene, at least 17 of the estimated 700 protesters were arrested. Most of this number, which included women and youths, were subsequently released though there is some indication that some of these were re-arrested, notably Mark Yenu, the leader of the Manokwari contingent of the West Papua National Authority.
Video of the incident noted that demonstrators carried a banner calling for a referendum for West Papua and rejecting dialogue as a means of resolving the Papuan crisis.
Rally speaker Reverend Yoku called for the immediate release of those “political prisoners” detained at the demonstration. The President of the National Congress of the West Papua National Authority added, “What is democracy if you can’t have a rally? Where is Yudhoyono? Why doesn’t he pull back his security forces?”
“As a recognized leader in West Papua, I call on the US and the Netherlands, Australia and the 84 UN-member countries that recognized the Act of No Choice in 1969 to take responsibility for the decision they made. Let me say this, because 816,896 West Papuans were never asked whether they wanted the Indonesian occupation. Forty-seven years later, we still don’t want them.”
Freeport Ignores Childhood Malnutrition at Its Doorstep
An April 9 Jakarta Post article describes the inauguration of a program to provide supplemental food for schoolchildren in the Timika area. The “Provision of Food Supplement to Schoolchildren” project is intended to address chronic malnutrition among schoolchildren that contributes to poor learning and equally chronic illiteracy.
Local education official Benny Tsenawatne said the Kamoro and Amungme tribal communities generally lacked access to schools or health clinics, and suffered from low human resource development.
The Post alludes to but does not explore the savage irony that this malnourishment is a chronic concern in a community which serves as the base for the Freeport McMoran gold mining enterprise which has channeled billions of dollars to the U.S. corporation and to the Indonesian government. The Kamoro and Amungme peoples whose land was expropriated by the mining operation have long protested the devastation of their natural resources by the mining operation and the human rights violations meted out by Indonesian security forces acting in service of the mining giant.
To this litany of grievances can be added the plight of the local Papuan’s children. Freeport has ignored the Kamoro and Amungme children suffering chronic malnutrition on its doorstep for decades. (On April 21 Reuters noted that Freeport-McMoRan Copper & Gold Inc had reported a twenty-fold jump in first-quarter earnings and that it was doubling its dividend as global demand for metals has soared.)
Call for Truth and Reconciliation Commission in West Papua
Indonesia’s Democratic Party of Struggle (PDI-P) has publicly called for creation of a truth and reconciliation commission to address the violation of human rights in Aceh and West Papua. Karimun Usman, the chairman of the Aceh branch of the PDI-P, told the media April 22 that the proposal was intended to address the government’s reluctance to deal with past human rights violations.
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The failure of Jakarta to take these steps underscores the continued unwillingness of the central government to confront the powerful Indonesian military which operate with impunity before Indonesia’s deeply flawed judicial system. |
The 2005 internationally-mediated Helsinki agreement [PDF]which ended conflict between the Indonesian military and the Acehenese independence organization (GAM) required the Indonesian Government to establish both a “human rights court” and a truth and reconciliation commission. The failure of Jakarta to take these steps underscores the continued unwillingness of the central government to confront the powerful Indonesian military which operate with impunity before Indonesia’s deeply flawed judicial system.
The call for a truth and reconciliation commission for West Papua to deal with decades of ongoing security abuses and criminality targeting Papuans is a notable acknowledgement by a non-Papuan official of the need for an official review of security force performance in West Papua. The call for such a commission for West Papua provides tacit support for an internationally-mediated dialogue between Jakarta and Papuans. That proposal, which has drawn broad Papuan support as well as some backing from Indonesian academics and political leaders, is aimed in part at addressing decades of military abuse and criminality.
Pressure Grows For Military Response to Political Dissent in West Papua
In recent weeks an apparently orchestrated effort has emerged aimed at building support for increased military action to address growing peaceful, political dissent in West Papua. Targets for a repressive “security approach” to political problems are not simply the small armed resistance, the “OPM,” but also civilian political dissenters and human rights defenders. Concern about military-on-civilian violence has been prompted in part by Pucak Jaya District Chief Lukas Enembe who has called publicly for government action against unnamed NGOs, “domestic as well as foreign,” whom he alleged have been involved in recent attacks in the district by armed groups. He claimed the activity amounted to efforts to “undermine the Republic.”
The District Chief resorted to the central government’s rhetoric of labeling critics as separatists, contending without evidence that the OPM was “supported by NGOs and individuals who are in favor of a Free Papua.” He also sought to raise fears about a strengthening OPM, contending, again without evidence that OPM personnel were equipped with modern automatic rifles.
The remarks made by district chief Enembe alleging that NGOs are supporting the separatist OPM have been challenged by the NGO community. Budi Setyanto, Director of the Institute for Civil Strengthening told the media that in fact the NGO community is dedicated to nonviolence. He noted that NGOs had long been accused of supporting OPM activity in the Puncak Jaya and challenged those like Enembe who make such false claims: “If there is any evidence that NGOs have supported the OPM, please say which NGOs are involved and who it is within these NGOs who are involved. If what they have done amounts to a criminal act, then the persons should be charged in court. He explained further that the government itself often established NGOs which lacked the ‘common vision of the NGO movement.” (Note item below which describes just such Government efforts in Biak during April.)
The District Chief’s comments coincided with what appeared to be propaganda efforts to increase tensions, including especially ethnic tensions between migrants and Papuans. Sources in West Papua have reported posting of fliers in and around the Papuan capital and main airport at Sentani that proclaim OPM a “terrorist” and “criminal” organization. Curiously, the fliers bear information indicating they were produced by two NGO’s in Jayapura, both of which stoutly deny any involvement in the propaganda.
Assessing these efforts to increase tensions using false claims and clandestine propaganda, a respected analyst believes that the effort is the work of the Indonesian military, particularly those such as the special forces, Kopassus, and the military intelligence, BIN, which engages in intelligence and covert operations. That analyst notes that Kopassus has around 1,000 soldiers operating in civilian clothes and stationed throughout Papua’s more than 30 regencies (districts). BIN personnel tend to be positioned in West Papua’s cities.
Indications that groundwork is being laid for a broad security force crackdown is also reflected in aggressive security force actions against peaceful demonstrations such as those in Manokwari, April 22, where film shot of security forces clearly reveal beating of unarmed protesters. (See report on that incident above.)
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Rights Groups Decry Mistreatment of Political Prisoners and Failure to Investigate Killing of Activists
International human rights defenders in an April 22 press conference appealed to the Indonesian Government to end discrimination targeting Papuans. The appeal, offered by the Indonesian NGOs Kontras (the Commission for The Disappeared and Victims of Violence) and Imparsial (the Indonesian Human Rights Monitor) as well as the U.S.-based Human Rights Watch among others was published by CathNews Asia.
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Peaceful dialogue involving all social and governmental elements is the solution to overcoming disagreements in Indonesia’s largest province, they said. |
The CathNews report follows:
Rights groups and churchmen have urged the Indonesia government to cease what they call its discriminatory treatment of Papuan nationalists.
“We see the government and law enforcement officials still stigmatize and single out those who allegedly favor Papuan independence, including political prisoners,” several rights groups said in statement issued at an April 22 press conference, UCA News reports.
The groups included the Commission for the Disappeared and Victims of Violence (Kontras), Indonesian Human Rights Monitor (Imparsial), and Human Rights Watch.
Peaceful dialogue involving all social and governmental elements is the solution to overcoming disagreements in Indonesia’s largest province, they said. The groups also questioned what they called lack of government action over the death of Yawan Wayeni, a Papuan political activist. Wayeni was shot dead by local police in a sweep against nationalist activists in Serui on Yapen Island.
The groups also raised the lack of medical treatment for Filep Karma, a Papuan political prisoner who suffers from severe prostate problems. They urged the Department of Justice and Human Rights to allow Karma to undergo surgery at a Protestant-run hospital in Jakarta. “Law Number 12/1995 of the penal code stipulates the directorate general of the department is responsible for the healthcare of all prisoners in jails across Indonesia,” they said.
They revealed that 68 political activists are being held in different jails in Papua. “But they are not treated properly. They face discriminatory and violent treatment including beatings,” they said.
During the press conference, Reverend Benny Giay, a Papuan Protestant pastor, said such discrimination was the result of a belief that most Papuans want independence. He said many churches and NGOs in Papua come under scrutiny because of their vocal defense of human rights. “We hope that rights groups outside Papua, especially Jakarta, will support us in speaking out against human rights abuses in Papua,” he said.
Speaking with UCA News, Dorus Wakum, a Papuan human rights activist, agreed that human rights activists were often seen as separatists. “Being labeled a separatist is a character killer,” he said.
Indonesian Intelligence and Special Forces Seek to Create a Stooge Traditional Council in Biak
According to a report translated and released by TAPOL from an April 7 BiakNews report, efforts are underway in Biak to create a false front organization to replace the East Biak Traditional Council.
BiakNews reports that the Indonesian State intelligence organization (BIN), the notorious Indonesian Special Forces (Kopassus), and the local military command (Korem) are orchestrating the effort. The initial effort to organize a stooge East Biak Traditional Council was launched at an April 7 meeting held at Kopassus Post 08 in Biak Papua. The meeting was closed to the public.
West Papua Report
April 2010
This is the 71st 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.
Summary
The lightly-armed Papuan resistance organization (OPM) expressed public support for a internationally mediated dialogue between Papuans and the Indonesian government. The announcement indicates broad unity among Papuans for a peaceful approach to resolving Papuans’ myriad problems with Jakarta. In late March, Papuan demonstrators in various Papuan cities met a mixed response from police who at times used repression against the uniformly peaceful protests. The trial of Victor Yiemo began. The activist stands accused of “rebellion” under Indonesia’s infamous Article 106. The Indonesian military announced plans, not yet approved by the civilian government, to significantly augment its presence in West Papua. The plan stands in stark contrast to broad Papuan calls for demilitarizing their homeland. Environmentalists have pointed to new problems with government plans to develop a massive food estate in the area of Merauke. In its annual assessment of human rights in Indonesia in 2009, the U.S. Department of State chronicles many of the cases of rights abuse, usually at the hands of the security forces, but inexplicably ignores a key June 2009 Human Rights Watch report which detailed extensive Kopassus abuse of Papuans, as well as decades of Indonesian government failure to extend health, education and other basic services to Papuans. The International Crisis Group (ICG) issued a report on West Papua which seeks to assign blame for growing violence to individual Papuan groups rather than acknowledge deteriorating human rights and humanitarian conditions. Some media reports of the analysis, abetted by an ICG official’s comments, mischaracterize the report’s assessment of who is to blame for recent violence in the area of the Freeport-McMoran mine. A recent violent incident in the Puncak Jaya region has local people on edge.
Contents
- OPM Calls for Internationally Mediated Dialogue between Papuans and Indonesian Government
- Police Interfere with Peaceful Demonstration, Allow Others to Proceed
- Victor Yeimo Trial Begins
- TNI Announces Plans to Augment Troops in West Papua Despite Papuan Calls for Demilitarization
- New Complications for Food Estate Project in Merauke
- U.S. State Department Finds Extensive Violation of Rights in West Papua, Even as It Ignores Some
- International Crisis Group Accused of Misrepresenting Causes of Violence in West Papua
- Incident in The Puncak Jaya
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If such a dialogue takes place, the most important problem to discuss is the flawed integration - not special autonomy - development, money or formation of new regions which will create new conflicts. |
OPM Calls for Internationally Mediated Dialogue between Papuans and Indonesian Government
The military wing of the Free Papua Movement (TPN-OPM) announced on March 13 that it would support internationally mediateddialogue (preferably by the UN) between Papuans and the Indonesian central government. The statement specifically offered support for plans proposed separately by Papuan Catholic Priest Neles Tebay and the Indonesian Institute of Sciences (LIPI).
In commenting on the new position, the leader of the military wing, General Thadius Jhoni Kimema Jopari Magai Yogi, explained that Papuan leader Theys Eluay had always supported peaceful resolution of outstanding issues between Jakarta and Papuans. The rebels only again took up arms after the 2001 torture murder of Theys Eluay by Indonesian special forces (Kopassus), after a ”conducive period” during the tenure of late president Abdurrahman Wahid.
In the statement the rebels said: “We will magnanimously accept any outcome of such a dialogue. If such a dialogue takes place, the most important problem to discuss is the flawed integration, not special autonomy, development, money or formation of new regions which will create new conflicts. TPN-OPM members who have long resided in the jungles, valleys, coasts and mountains, affirm that if any Papuan participates in talks when the mediator is [former Indonesian Vice President] Jusuf Kalla they will be deemed traitors to our cause.”
(Comment: Kalla who has been rumored for a role in a dialogue was a central player in the 2005 agreement between GAM, the Aceh independence movement, and the Indonesian Government. That agreement, which was internationally mediated, has been incompletely implemented with the Indonesian Government failing to set up a human rights court or a truth and reconciliation commission as required by the 2005 final agreement.)
Police Interfere with One Demonstration, Allow Others to Proceed
| Indonesia police arrested 26 people of West Papua on peaceful rally to demand referendum. |
On March 22 the Indonesian police used force to break up a rally in Jayapura sponsored by the West Papua National Committee (KNPB). It was the second protest KNPB had organized within a week and was aimed at communicating Papuan concerns to President Obama before his visit to Indonesia, now set for June. Demonstrations were also held in several other cities, including Sorong, Manokwari, Wamena and Serui. All the demonstrations were peaceful. Organizers in Jayapura had obtained a permit but police there fired their weapons to disperse the crowd and arrested 15 Papuans.
All but two of the peaceful demonstrators detained by the police in Jayapura were released. Mara Koyoga and Linus Pagawe were formally charged for alleged possession of “sharp implements.” The two will face charges under Law 12/1951 regarding possession of weapons. They face a maximum of 20 years in prison.
All the demonstrations were coordinated by the KNPB. Buchtar Tabuni, chair of the KNPB, is serving a three-and-a-half year sentence in Abepura Prison. He reportedly said that the peaceful demonstration had taken place according to the organization’s intentions. “They are taking place according to my directives. If the police need any clarifications, they should ask me,” he said.
At least one Papuan official, the deputy chairman of the provincial legislative assembly (DPRP) Yehuda Gobay S.Th, condemned the detentions and arrests in Jayapura. He noted that security officials frequently round people up during peaceful demonstrations and fire shots in the midst of demonstrators. He described this as unacceptable in an era of democracy and called for the unconditional release of all those arrested.
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At least one Papuan officialnoted that security officials frequently round people up during peaceful demonstrations and fire shots in the midst of demonstrators. He described this as unacceptable in an era of democracy and called for the unconditional release of all those arrested. |
Also on March 22, hundreds of Papuans demonstrated peacefully without police interference in Manokwari . The coordinator of this action, Zeth Wambrauw, welcomed the prospective visit of President Obama and urged local officials to arrange a meeting of Papuans with him. This demonstration, as did the others, called on the Indonesian Government to withdraw organic and non-organic troops from Papua. The demonstrators, including students from the University of Papua (UNIPA), rejected calls for a Papua-Jakarta dialogue unless there is an international mediator, especially the UN. The demonstrators also called for closing of the massive Freeport McMoran copper and gold mine and for a review of the so called “Act of Free Choice.”
Although some of the demonstrators tried and failed to meet members of the local Parliament (DPRP), some did meet the secretary of Commission A, Yulius Moniaga, and someone from Commission B. Moniaga urged the police not to use violence towards those arrested. He was also quoted as saying that when people are arrested and put onto trucks, what usually happened was that they were immediately beaten.
A demonstrator named Mako Tabuni was quoted as saying that similar demonstrations had been held in other parts of the territory since 18 March where the demonstrators had been calling for proper legal procedures to be used. “These are not anarchistic actions but people calling for the principle of democracy to be respected,” he said. One of their demands was for Memorandum of Understanding to be reached regarding the way people can struggle for their aspirations.
The harsh police action against the demonstrators in Jayapura coincided with publicity surrounding a flawed report by the International Crisis Group (ICG) which alleged that the KNPB (which organized these demonstrations) was a separatist organization which was prepared to employ violence to advance its aims. (WPAT among others has criticized the report, see item below for summary of the ICG report and WPAT’s critique.)
Victor Yeimo Trial Begins
| December 12009 protest at Dutch parliament. Photo from www.freewestpapua.org |
The respected UK-based Indonesian human rights organization Tapol has translated a report about the opening of the trial of Papuan activist Victor F. Yeimo on March 11. Yeimo, a leading figure in the West Papua National Committee (KNPB) is charged with rebellion (makar) under Article 106 of the Criminal Code for allegedly seeking secession. The prosecutors charge that in a speech at a peaceful rally on March 10, 2009, Yeimo ”demanded independence for West Papua, rejected special autonomy, and called for a referendum, and a review of the 1969 Act of Free Choice He also called for the release of all political prisoners, both those tried as well as those not yet tried.”
Outside the court house after the hearing, witness Marcho Tabuni, told journalists on behalf of the West Papua National Committee (KNPB) that Yeimo’s arrest and ”detention had taken place without any proof…. He said that Article 28 of the Indonesian Constitution upholds the right to freedom of expression. He called for greater space in West Papua for basic freedoms, for the withdrawal of the military,” and the unconditional release of all Papuan political prisoners.
Article 106 of the Indonesian criminal code which criminalizes peaceful political speech is regularly employed by prosecutors to target dissenters. Article 106 is fundamentally inconsistent with Indonesian obligations under the International Covenant on Civil and Political Rights (Articles 19 and 21) which Indonesia signed in 2006 as well as the under the Universal Declaration of Human Rights (Articles 19 and 20).
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TNI Announces Plan to Augment Troops in West Papua
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Papuan officials, echoing public calls by demonstrating students and other Papuans, have repeatedly called for the removal of TNI personnel from West Papua. |
The Indonesian military (TNI) March 23 announced plans to deploy thousands of additional troops to West Papua. Papuan officials, echoing public calls by demonstrating students and other Papuans, have repeatedly called for the removal of TNI personnel from West Papua. There is no indication that the central government has discussed the troop increase with Papuan officials.
Rear Marshal Sagom Tamboen said up to four battalions, approximately 4000 troops, from a “Rapid Reaction Strike Force” division based in Jakarta could be sent to the province to “maintain the territory’s unity within eastern Indonesia.” Experts assess that there are already at least 10,000 troops in West Papua plus addition unknown numbers of military personnel associated with the special forces (Kopassus), military intelligence personnel and other special units.
Rear Marshal Tamboen said the planned deployment, which has not yet been approved by the government, had nothing to do with recent shootings targeting police and employees of U.S. mining giant Freeport McMoRan. Despite deployment of additional security personnel to the region in 2009, violence there has continued.
The proposed deployment appears unrelated to any conceivable foreign threat and the lightly armed, small-in-number armed resistance poses no significant military threat. It appears that the principal purpose of the proposed deployment would be to intimidate Papuans who are increasingly vocal in peacefully advocating for their human and political rights. The troops would also be in position to increase the flow of cash into TNI coffers through extortion of local businesses, enforcement for “developers” attempting to push Papuans off their lands, human trafficking, and illegal logging.
New Complications for Food Estate Project in Merauke
Greenomics Indonesia, an environmental NGO, has expressed concern about the Government’s agricultural estate development plan for Merauke (see WPAT reports for February andMarch regarding this plan). According to the March 24 Jakarta Post, Greenomics Indonesia predicted most of the planned 1.6 million of hectares to be transformed into food estates would consume virgin forested areas. An assessment of forestry data by Greenomics said there were only 300,000 hectares of production forest (i.e., non-virgin forest). This area of production forest is too scattered and not large enough to accommodate so vast an area of food estates.
“The area is not large scale; they are scattered and the permit should be issued by the Forestry Ministry,” Greenomics Executive Director Elfian Effendi said. He also said that developers should also seek approval from the House of Representatives.
The Indonesian environmental group Walhi called the project a land grab and warned that the estate would threaten the ecosystem. “Large-scale land conversions in Merauke, which consists of predominantly low-lying land and marshes, could cause it to lose its land areas,” Walhi said in a statement. “The decrease in forest and water catchment areas could result in a faster intrusion of sea water to the land.”
The issues raised by Greenomics and Walhi add to previously voiced concerns over land tenure rights and the impact of a large influx of non-Papuans into the region to be employed in the agricultural development.
(WPAT Comment: A similar government plan to convert a massive area in South Kalimantan to agricultural use in the latter years of the Suharto dictatorship led to disastrous results when brackish water inundated the area being prepared for agriculture rendering it useless for any purpose.)
U.S. State Department Finds Extensive Human Rights Abuse in West Papua
The annual U.S. Department of State annual Country Reports on Human Rights Practices, included a detailed account of human rights abuse in West Papua, especially by Indonesian security forces (see Indonesia report at http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135992.htm)
There were important omissions despite the extensive coverage. The report completely ignored the widely cited June 2009 report by Human Rights Watch, “What Did I Do Wrong?”which documented in great detail abuse of Papuans by Indonesian Special Forces (Kopassus) personnel. Observers speculate that the omission might have been intentional with the purpose of diverting attention from the notorious unit which is under consideration for U.S. training and other assistance for the first time in 12 years. The U.S. Congress has long barred assistance to units like Kopassus because of their exceptionally notorious record of human rights violations, many of them committed in West Papua, East Timor, Aceh, and elsewhere.
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As in past years the State Department report fails to note the failure over many decades of the Indonesian Government to provide minimally adequate services to Papuans, especially those in rural areas. The infrastructure for health care and education are insufficient and account for some of the worst rates of infant mortality and other health indices in Asia. |
The Report also fails to note the fundamental inconsistency between Indonesia’s obligations under the International Covenant on Civil and Political Rights (signed by Indonesia in 2006) and the persistence of Article 106 in the Indonesian criminal code, which criminalizes as treason or rebellion peaceful, political speech. Article 106 is a common weapon used by Indonesian authorities to punish peaceful dissent, especially in West Papua.
As in past years the State Department report fails to note the failure over many decades of the Indonesian Government to provide minimally adequate services to Papuans, especially those in rural areas. The infrastructure for health care and education are insufficient and account for some of the worst rates of infant mortality and other health indices in Asia. The report errs in not acknowledging the Indonesian Governments utter failure to address such basic human needs as required by the International Covenants on Social, Cultural and Economic rights to which Indonesia is party.
The following highlights key description in the State Department report for the year 2009 regarding government policies and practices which have negative implications for human rights protection in West Papua. The report also contains specific reports of human rights violations:
In some parts of the country, particularly in Kalimantan and Papua, residents believed that government-sponsored transmigration programs, which move households from more densely populated areas to less populated regions, interfered with their traditional ways of life, land usage, and economic opportunities. Although the number of new persons in transmigration was significantly less than in previous years, the government continued to support financially approximately 6,756 households moved in 2008 from overpopulated areas to isolated and less-developed areas in 21 provinces.
The government used its authority, and at times intimidation, to expropriate land for development projects, often without fair compensation. In other cases state-owned companies were accused of endangering resources upon which citizens’ livelihood depended. A presidential decree on land acquisition for public use allows the government to acquire land for private development projects even if landowners have not agreed on the amount of compensation. A number of NGOs argued that the decree served the interests of wealthy developers at the expense of the poor.
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Human rights activists asserted that the government-sponsored transmigration program transplanting poor families from overcrowded Java and Madura to less populated islands violated the rights of indigenous people, bred social resentment, and encouraged the exploitation and degradation of natural resources on which many indigenous persons relied. In some areas, such as parts of Sulawesi, the Malukus, Kalimantan, Aceh, and Papua, relations between transmigrants and indigenous people were poor.
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Based on recent statistics the authorities arrested at least 30 persons for raising separatist flags in Papua. Although the Papua Special Autonomy Law permits flying a flag symbolizing Papua’s cultural identity, a government regulation prohibits the display of the Morning Star flag in Papua, the RMS flag in Maluku, and the Crescent Moon flag in Aceh.
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The government continued to restrict foreign journalists, NGOs, and government officials from traveling to the provinces of Papua and West Papua by requiring them to request permission to travel through the Foreign Ministry or an Indonesian embassy. The government approved some requests and denied others. Some journalists traveled to Papua without permission….
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NGOs in Papua continued to report widespread monitoring of their activities by intelligence officials as well as threats and intimidation. Activists reported that intelligence officers took their pictures surreptitiously and sometimes questioned their friends and family members regarding their whereabouts and activities.
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During the year indigenous persons, most notably in Papua, remained subject to widespread discrimination, and there was little improvement in respect for their traditional land rights. Mining and logging activities, many of them illegal, posed significant social, economic, and logistical problems to indigenous communities. The government failed to prevent domestic and multinational companies, often in collusion with the local military and police, from encroaching on indigenous peoples’ land. In Papua tensions continued between indigenous Papuans and migrants from other provinces, between residents of coastal and inland communities, and among indigenous tribes.
A more detailed critique of the State Department report by WPAT and the East Timor and Indonesia Action Network (ETAN) will be released shortly (check www.etan.org).
International Crisis Group Accused of Misrepresenting Causes of Violence in West Papua
A March 11 report by the International Crisis Group (ICG), ”Indonesia: Radicalization and Dialogue in Papua, claimed that several Papuan groups were behind rising tension and violence in West Papua. Some media and senior ICG officials misrepresented elements of the report to suggest, incorrectly, that it had assigned blame to Papuan rebels for recent violence in the area of the Freeport McMoran mine. The Report had described the rebels as more likely to be responsible, but said “there are no conclusive answers.” The ICG report usefully criticized the Indonesian government for its restrictions on access to West Papua by journalists, researchers and others and also urged the Indonesian Government to desist from attempting to portray all Papuan critics and dissenters as “separatist.” ICG also usefully encouraged efforts supported by Papuans and some Indonesians to launch a dialogue between Jakarta and West Papua.
The West Papua Advocacy Team, among others, expressed serious objections to the report’s analysis, methodology and conclusions (seehttp://www.etan.org/news/2010/03wpatigc.htm ). WPAT noted, in part, that Indonesian actions in West Papua, including its “security approach” to problems and its assault on human rights there were the leading causes of tension and violence.
Incident in the Puncak Jaya
The Antara news agency reported on March 23 that Indonesian troops and a group it labeled “separatist” were involved in an exchange of gunfire in the troubled Mulia District in the central highlands regency of Puncak Jaya. The incident reportedly began when an armed group fired on a military vehicle as it was returning to its base in the Puncak Senyum area.
Local officials said that no civilians were hurt and there appear to have been no casualties among the 13 TNI personnel in the vehicle or their alleged attackers .
WPAT sources in the area report that some villagers have already fled their homes fearing onset of military operations.
West Papua Report
March 2010
This is the 70th 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.
Summary
The West Papua Advocacy Team urges President Obama to use his March visit to Indonesia to call on the Indonesian Government to implement fundamental changes in West Papua where human rights violations and impunity for security force crimes persist. Reporting from the central highlands in West Papua indicate an increased presence of security force and abusive and corrupt behavior of these forces. Papuans have peacefully demonstrated in large numbers to press demands for the release of political prisoners, respect for human rights, the investigation and prosecution of the killing of a peaceful demonstrator, and for demilitarization of West Papua. Papuans also have protested an Indonesian Government plan to seize vast tracts of land for “development” and displace many Papuans. The Indonesian government has failed to provide urgent health care for Filep Karma, a Papuan political prisoner. An Indonesian Minister has protested that Freeport McMoran, the giant U.S. mining operation, is operating illegally. Papuans have rejected plans by the Provincial government of West Java and the national government to send migrants to West Papua. It is feared that the transmigrants will use generous government subsidies to out-compete and marginalize local Papuans as has happened repeatedly in the past in West Papua.
Contents
- WPAT Letter to President Obama on The Eve of His Visit to Indonesia
- Indonesian Security Forces Ramping up Operations in Central Highlands
- Papuans Demonstrate to Peacefully Voice Demands
- Indonesian State Pursues “Land Grab” Targeting Papuans in Merauke Area
- Indonesian Government Fails to Provide Urgent Health Care to Incarcerated Prisoner of Conscience
- Indonesian Minister Says Freeport Operating Illegally
- Papuans Reject Plans for Expansion of “Transmigration”
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Your visit affords an opportunity to press for genuine reforms and further democratization in Indonesia and specifically in West Papua where human rights abuse, injustice and security force corruption is endemic. Special Autonomy has not resolved the issues and is no final solution. Papuan human rights activists remain subject to intimidation, arrest and even death. |
WPAT Letter to President Obama on The Eve of His Visit to Indonesia
The West Papua Advocacy Team welcomes your upcoming visit to Indonesiaas an opportunity to deepen U.S.-Indonesian ties and to encourage further democratization of Indonesia. Indonesia’s democratic progress in the decade since the overthrow of the Suharto dictatorship has been impressive and has facilitated the expansion of U.S. cooperation with this important nation. Critical to Indonesia’s democratization is the expansion of respect for human rights. Respect for human rights and the process of democratization generally continue to face threats from the
Indonesian military which continues to evade full civilian control and remains largely unaccountable before Indonesia’s flawed judicial system. It is imperative that the United States employ its not inconsiderable
influence to work for the full subordination of the Indonesian military to civilian control and accountability before the law.
Nowhere in the Indonesian archipelago is military insubordination, corruption and abusive behavior more on display than in West Papua, where the military continues to operate in a manner that reflects the rules and practices fostered under the Suharto dictatorship.
Your visit affords an opportunity to press for genuine reforms and further democratization in Indonesia and specifically in West Papua where human rights abuse, injustice and security force corruption is endemic. Special Autonomy has not resolved the issues and is no final solution. Papuan human rights activists remain subject to intimidation, arrest and even death.
In your meetings with President Susilo Bambang Yudhoyono we urge you to pursue real reforms that reflect the agenda of issues raised by human rights advocates in West Papua. These include:
- an end to military human rights violations, especially including an end to military “sweeping operations” by Indonesian Special Forces (Kopassus) and others which regularly displace thousands of Papuans;
- replacing the culture of impunity with genuine accountability of military and police personnel before the courts for past and ongoing
human rights crimes and corruption; - an end to resort to force by military and police to address peaceful protest by Papuans to include their employment of flags and banners;
- release of Papuan political prisoners and prisoners of conscience to include all those who have been detained for such peaceful protest;
- cessation of the practice of conflating political protest with “separatist” activity, a practice which enables security forces and
Indonesian courts to address such peaceful protest as “terrorist” activity under the Indonesian governments functional definition of terrorism; - demilitarization of West Papua and an end to military protection of and operation of business operations, many of which have had a devastating impact on Papuan natural resources;
- an end to restrictions on access to and travel within West Papua now imposed on international journalists, researchers, humanitarian workers and diplomats and in that regard to permit the return of the International Committee of the Red Cross (ICRC) to its offices in West Papua.
We also urge that you encourage the Indonesian President and government to respond positively to long-standing calls by the Papuan civil society and Papuan officials for
- a senior-level, internationally mediated dialogue between the Indonesian government and Papuan civil society, building on the success of the earlier dialogue in Aceh and responding to calls from Papuans and also from prominent voices within Indonesian civil society;
- steps to address persistent Papuan concerns including policies such as “transmigration” and “special autonomy” which marginalize Papuans in their own land;
- the creation of a demilitarized ”zone of peace” in West Papua.
The United States played a central role in the process that saw West Papua annexed by Indonesia in the 1960s, a process that transparently failed to afford Papuans an opportunity to exercise genuine self determination. The period since then has seen continuing, extensive human rights problems. Democratization in Indonesia since 1998, and now your visit to that country, provide an opportunity for United States involvement in support of civil society efforts to solve some of the subsequent human rights problems.
Indonesian Security Forces Ramping up Operations in Central Highlands
Reports from reliable sources within the Papuan central highlands reveal a significant expansion of Indonesian military force deployment, particularly by the U.S.-funded “Detachment 88″ which has constructed two new, apparently permanent posts. The military inter alia, is reported to be targeting largely unarmed guerillas associated with the aging Papuan leader Thadeus Yogi. Papuan parliamentarians reporting are seeking to intervene to preclude new conflict by negotiating an agreement that would provide for “rehabilitation” for the aged rebel leader.
Separately, there are also reports that the Indonesian military is targeting rebel forces led by Goliath Tabuni in the Punjak Jaya area. Indonesian military officials have justified such an offensive on the recent killing of a Brimob (militarized policed) officer, found dead on February 15. The military claims of a rebel role in that killing have been disputed by Lukas Enembe, the local Bupati (the government official heading the administrative regency in which the killing took place).
Over several months local officials have sought to secure the removal of Indonesian state security personnel from the Mulia area, also in the central highlands. These personnel include troops from Battalions 754 and 756 based in Timika and Wamena. Among the problems these troops have generated is inflation of the number of personnel (claiming 150 when in fact there are 120 personnel) in order to extract additional funds to support their deployment. In addition to these battalions the 753 Battalion remains in Nabiere.
These newly arriving military personnel have also busied them selves with constructions of new traffic control points – frequently used to shake down local travelers. Meanwhile, police forces have constructed three new road-control posts at which they interrogate civilian who are bearded or who carry bows and arrows which is a traditional practice of the local Mee culture.
Indonesian military personnel are also reported to be creating problems elsewhere in the Central Highlands. Kopassus and other military personnel in Mulia, the capitol of Puncak Jaya are engaged in Ojek (motorcycle transportation) business as well as the illegal sale of alcohol. Huge profits are made through mark ups of 600 percent of vodka in Mulia as compared with the price in Jayapura.
Papuans Demonstrate to Peacefully Voice Demands
The February 23 Cenderawasih Pos reports that a large peaceful demonstration by Papuans in Jayapura called for an end to repression. The demonstrators demands reflected longstanding concerns of Papuans who have for decades suffered discrimination and marginalization at the hands of a distant Indonesian Government which relies on an abusive military to enforce its will.
The demonstrators demands included:
- an immediate and unconditional release of all political detainees and convicted political prisoners;
- investigation and prosecution of those responsible for the killing of Opinus Tabuni who was killed by fire from security forces at a peaceful August 2008;
- demilitarization of West Papua and for the withdrawal of “non-organic” troops (troops not native to West Papua, assigned to augment indigenous troops);
- opposition to plans announced in Jakarta to create a new West Papua-based military command (Kodam);
- and an end to extra-judicial killings.
The demonstration took place outside the Papua Legislative Assembly and was organized by several Papuan groups in the capitol. Repeated police efforts to stop the demonstration failed.
Indonesian State Pursues “Land Grab” Targeting Papuans in Merauke Area
The Indonesian Government plans to take control of vast tracts of land near Merauke in West Papua, much of it already owned and farmed by Papuans.
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That potentially disruptive population growth will likely involve a massive, state-supported inflow of non-Papuans along the lines of decades of “transmigration policies” that have sown ethnic conflict in West Papua, Borneo and Sumatra. That conflict has arisen as local populations are marginalized in their own homelands as Government support programs favor the internal migrants to the disadvantage of locals. |
The planned Merauke food estate will comprise a 1.6 million hectare integrated food production zone where companies will grow, process and package their products in one location. The project, part of President Yudhoyono’s ”fast-track development” 100-day program,” is aimed at developing food estates in eastern Indonesia. The plan entails an expansion of Merauke’s population of some 175,000 people to up to 800,000. That potentially disruptive population growth will likely involve a massive, state-supported inflow of non-Papuans along the lines of decades of “transmigration policies” that have sown ethnic conflict in West Papua, Borneo and Sumatra. That conflict has arisen as local populations are marginalized in their own homelands as Government support programs favor the internal migrants to the disadvantage of locals.
As noted in the February West Papua Report, there is growing opposition to the scheme from small-scale Papuan farmers who say they fear their traditional livelihoods will be threatened by the large-scale, state-subsidized commercialization of agriculture. “We reject the concept of the food estate. For us, food estates are another kind of land grabbing scheme. It’s like going back to the era of feudalism,” Indonesian Farmers Union official Kartini Samon told the Jakarta Post. “The regular farmers’ land will be taken by big companies and the farmers will be left with nothing,” she said.
The plan is only the latest in a history of Indonesian state expropriation of land which has displaced and disadvantaged Papuans which began in 1967, when Papuan lands were still nominally under a UN mandate. In that year, the Suharto regime seized land in the Timika-Tembagapura area in order to facilitate the development of the Freeport McMoran copper and gold mine. The succeeding decades saw the displacement of thousands of Papuans (Amungme and Kamoro) and the destruction of tens of thousands of acres of productive land and fisheries.
The Yudhoyono plan also concerns potential investors. In addition to the local protests reported above and in the February “West Papua Report,” an Indonesian Chamber of Commerce official told the Jakarta Globe that “legal uncertainty” will discourage investment. That “uncertainty” arises from a melange of Indonesian laws and regulations on land usage, including the Forestry Law, the Spatial Management Law, and the Law on “Special Autonomy.”
Indonesian Government Fails to Provide Urgent Health Care to Incarcerated Prisoner of Conscience
Information developed by reputable human rights advocates documents inhumane treatment of those incarcerated in Indonesian prison facilities, including those convicted of peaceful political dissent. In this instance, the inhumane treatment concerns the failure of the Government to address urgent, persistent health needs of individuals such as Filep Karma identified by Amnesty International as prisoners of conscience.
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His appeals for medical treatment for this condition have gone largely unanswered. On August 6, he attend the clinic at the prison and was told that no medicine was available. |
Filep Karma was arrested in 2004, following his involvement in peacefully raising the Morning Star flag on 1 December 2004. He was later convicted, together with a colleague Yusak Pakage. He received a 15-year sentence while Pakage was sentenced to ten years.
Since August 5, 2009, imprisoned Papuan activist Filep Karma has faced painful health problems, specifically he has endured great difficulty urinating and felt acute pain. His appeals for medical treatment for this condition have gone largely unanswered. On August 6, he attend the clinic at the prison and was told that no medicine was available. A nurse advised him to lie on his back and raise his legs to the wall at 90 degrees while massaging his abdomen. He was not examined nor was he given anything to relieve the pain.
On 18 August, he was taken to DOK II Hospital and put into intensive care. On 5 October, he received a letter from the director of the Cikiini hospital in Jakarta stating he required treatment at the Urological Surgery Department at the Cikini Hospital. The Director of the hospital in Jayapura concurred.
However, on 8 October, the prison Director said that the prison can only provide each prisoner the sum of Rp 15,000 (less that $2.00) each year for medical purposes. He added that the prison has no funds to cover the costs of travel to Jakarta.
After extended discussions with officials of the provincial government it agreed to provide funds to cover only for transportation (including transport of prison and other guard officials).
(The above information is sourced to Solidaritas Korban Pelanggaran HAM Papua, Solidarity with the Victims of Human Rights Violations in Papua. It was received and forwarded by TAPOL. )
Freeport Operating Illegally According to Indonesian Minister
The February 23 Jakarta Globe reports that the Ministry of Forestry has publicly criticized the U.S.-based Freeport McMoran copper and gold mine in the Tembagapura-Timika area of West Papua for its “illegal” activity. Forestry Minister Zulkifli Hasan told lawmakers he had sent Freeport an initial warning regarding its illegal activites on August 7, but had received no response in the intervening five months.
Speaking on February 22, before a hearing with the House of Representatives Commission IV which has responsibility for forestry and agriculture the minister explained that a 2004 government regulation in lieu of law (“perppu”) required a permit from the ministry to be issued for mining in protected areas. The forestry law prevents forest areas from being mined, but the 2004 perppu provided exceptions to 13 miners, including Freeport, provided they acquire ”borrow-use permits” from the ministry. Freeport has no such permit, Zulkifli said.
“Under the forestry [law] it is illegal, that’s why we sent the second warning,” Zulkifli said, adding that his ministry did not have authority to revoke the license for non-compliance.
Budiman Moerdiat, the communications manager of Freeport, claimed to media that Freeport had “followed the rules that were set in our mining contract of work.” The Freeport official claimed that the company has “lex specialis rights,” i.e., a legal stipulation that the terms and conditions of the contracts would not be affected by any general Indonesian laws. The “right” to operate outside the law was extended to Freeport by the massively corrupt Suharto regime in 1988 and was extended in 1991 for a 30 year period. Suharto and his family, as well as the military, benefited from a huge flow of payments and subsidies. Freeport funds continue to flow to the military.
The Freeport official did not explain why the company had ignored the Ministry’s August message.
Papuans Reject Plans for Expansion of “Transmigration”
The Papua Customary Council as well as Papuan civil society organizations have rejected new plans for expanded “transmigration” as announced by the Governor of West Java.
The new plan arises from discussions between the West Java Governor and Papuan officials, sponsored by the Ministry of Transmigration, which lay the groundwork for the sending of 700 family heads to West Papua from West Java on an annual basis. The scheme targets an area of 5,870,642 hectares of what the Minister of Transmigration described as “potential placement locations for transmigrants.” The Minister noted plans to assist the transmigrants beyond levels in past years. Specifically, transmigrants would receive training in agribusiness and trade as well as development of facilities and infrastructure.
It is precisely such assistance, now to be provided at an increased level, that has facilitated the marginalization of Papuans who are easily out-competed by the newcomers in part due to Government assistance.
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West Papua Report
February 2010
This is the 69th 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.
Summary
Papuans have staged rallies in support of calls for a referendum on West Papua’s political status and to welcome efforts of international support groups. New research has pointed to the persistence and perniciousness of the Indonesian military’s illegal logging. A new attack on Freeport personnel re-enforces analyses that Indonesian security forces are orchestrating the violence. An Indonesian NGO and the Papuan branch of the Indonesian Human Rights Commission say that rights protection in West Papua declined in 2009. A Human Rights Watch report details rights violations in 2009. The Indonesian military has named a senior Special Forces (Kopassus) officer to head up the military in West Papua. The appointment conflicts with Papuan efforts to begin a dialogue with the central government and to demilitarize West Papua. The man chosen to replace independence leader Kelly Kwalik, killed by the police in December, has pledged to continue Kwalik’s pursuit of a peaceful dialogue with Indonesian authorities. The police who killed Kwalik have been honored for their action. The Indonesian government plans to ban more books, including some which address Papuan issues. The Indonesian Government is moving forward with plans for a “food estate” in West Papua which will expropriate land from local people and bring many non-Papuans to the site as laborers. A local union and others have condemned the plan as a “land grab.”
Contents
- Papuans Rally in Support of Referendum and International Support Groups
- Illegal Logging Remains A Key Source of Funds for The Indonesian Military
- New Armed Attack on Freeport Personnel
- Indonesian activists: “Human rights protection in Papua declined in 2009″
- Human Right Watch Report Describes Rights Abuses in West Papua
- Kopassus Officer Named to Head Military in West Papua
- Kwalik Replacement Pledges Continued Pursuit of Peace Initiative
- Police Honored for Killing Kwalik
- Indonesian Government Plans More Book Bans
- The Indonesian Government “Food Estate” Plan to Expropriate Papuan Lands
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Indonesian military personnel at all ranks remain directly involved in illegal logging. The involvement is structural; low-ranked soldiers to territorial commanders received a share. |
Papuans Rally in Support of Referendum and International Support Groups
Tempo Interactive reported January 28 that Papuans had launched a campaign to support calls for a referendum. According to the report, on January 27 “about one thousand Papuans in Timika rallied to support the holding of a referendum on West Papua’s political status.”
The rally also supported the founding of two international support groups for Papuans, the London-based International Parliamentarians for West Papua (IPWP) and the Brussels-based International Lawyers for West Papua (ILWP).
From his prison cell, internationally recognized prisoner of conscience and West Papua National Committee (KNPB) Chairman Buchtar Tabuni issued a press appeal calling on all Papuan to support these international efforts.
Illegal Logging Remains A Key Source of Funds for The Indonesian military
The University of Indonesia, in just-released research reported by the Jakarta Post January 29, reveals that Indonesian military personnel at all ranks remain directly involved in illegal logging. The head researcher, Tirta N. Mursitama, told the Jakarta Post, ”(The military’s involvement in this practice) was structural; low-ranked soldiers to territorial commanders received a share.”
A team from the Center for East Asia Cooperation Studies (CEACoS) at the University of Indonesia, uncovered the military’s many roles in the illicit business from coordinating to monitoring and investing. The research covers the period between 1999 and 2006 in East Kalimantan, and targeted illegal logging in border areas.
While the University of Indonesia research focused on illegal logging in East Kalimantan, the practice is particularly widespread in West Papua, as extensively documented in The Last Frontier – Illegal Logging in Papua and China’s Massive Timber Theft, a 2005 report by the London-based Environmental Investigative Agency (EIA) and the Indonesian Telepak. “Down To Earth” summarized the report in part: “… West Papua has become the main illegal logging hotspot in Indonesia. As the forests of Sumatra, Sulawesi and Kalimantan are increasingly logged out, timber operations in West Papua are becoming more commercially attractive.”
The EIA/Telepak report noted that 300,000 cubic meters of hardwood merbau logs per month were smuggled from West Papua to wood processing factories in China. The EIA/Telepak investigation revealed that the logging and timber smuggling operations are supported and managed by high-ranking Indonesian military (TNI) plus other government officials and law enforcers.
The University of Indonesia research, as well as that of NGOs, journalists and others underscores that notwithstanding efforts to reform the Indonesian military by placing its business empire under civilian control, lucrative illegal activity persists. That activity is particularly extensive in West Papua where Suharto-era rules apply, meaning that the military is broadly unaccountable to civilian authority (including the courts).
New Armed Attack on Freeport Personnel
Unknown gunmen have again attacked Freeport personnel on the military-guarded road linking the mine site near Tembagapura with Timika. The attack wounded Indonesian and foreign personnel. Among the wounded was a child and an American citizen. The attack, the latest in a series of attacks which began in July 2009, is especially embarrassing to Indonesian military and police as it follows the December 2009 police killing of Kelly Kwalik, the long-time leader of the armed resistance in the area whom security officials sought to blame for the attacks.
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Moreover, the rights defenders noted that activists were monitored and sometimes subjected to intimidation while investigating cases of human rights violations or after meeting with diplomats and representatives from international organizations. |
The armed resistance has repeated Kwalik’s previous assertions that the attacks are not the work of the resistance.
Previous instances of security force-orchestrated violence in the Freeport mine area, aimed at increasing Freeport payments to the security forces, continue to fuel analyses that the security forces are again behind the violence.
Indonesian activists: “Human rights protection in Papua declined in 2009″
The Commission for Missing Persons and Victims of Violence (Kontras) and the Papuan office of the National Human Rights Commission (Komnas HAM, a formal state organization) in a January 17 joint presentation noted that the human rights situation in West Papua experienced a “drastic decline” in 2009.
According to the two organizations Indonesia continued to ignore the protection of equality and human dignity, as well as the supremacy of law in West Papua.
Kontras and Komnas Ham’s Papuan branch contended that during 2009, Indonesian authorities depicted Papuans as criminals for exercising their legal rights. In particular, security personnel disparaged Papuans who engaged in legal, peaceful demonstrations as “separatists.”
Matius Murib of Komnas HAM Papua, accompanied by Kontras’ Haris Azhar and Syamsul Alam during the presentation regarding human rights in Papua in 2009 observed: “The criminalization of people who raised [the Morning Star] flag, the breaking up of peaceful demonstrations and the shooting to death of Kelly Kwalik are reflections of a lack of government will to carry out dialogue with the community.” Moreover, the rights defenders noted that activists were monitored and sometimes subjected to intimidation while investigating cases of human rights violations or after meeting with diplomats and representatives from international organizations.
Spokesmen for the two organizations concluded that display of the morning star flag is a cultural, civil and political right guaranteed under the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights, both of which were ratified by the Indonesian Government in 2006.
The rights defenders also decried the failure of the Government to implement the law on “special autonomy” with the consequence of growing corruption and widening of the socio-economic gap within Papuan society.
Human Rights Watch Report Notes Rights Abuses in West Papua
The 20th Annual Human Rights Watch (HRW) World report in the course of reviewing human rights conditions in more than 90 countries and territories notes serious abuse in West Papua during 2009. Drawing on its previously noted “What Did I Do Wrong“ (see July 2009 West Papua Report) the annual report notes that in Merauke, West Papua, Special Forces (Kopassus) arrested Papuans without legal authority and subjected them to beatings and mistreatment at the Kopassus barracks.
In the wake of these abuses, HRW notes, commanders made no effort to uphold military discipline or to hold soldiers accountable. In fact, WPAT has learned, Kopassus has prepared a report which purports to contradict certain HRW findings. The HRW annual report also notes that in March 2009, the Ministry of Foreign Affairs ordered the International Committee of the Red Cross (ICRC) to close its field offices in Jayapura (as well as in Banda Aceh in Aceh).
The portion of the annual report dealing with abuses affecting Papuans follows:
Indonesian authorities have responded to a longstanding, low-level armed separatist insurgency in the provinces of Papua and West Papua with a strong troop presence and often harsh and disproportionate responses to non-violent dissent or criticism. Human Rights Watch has long expressed concerns over anti-separatist sweeps by the police, which often result in individuals who peacefully express support for independence being arrested and detained on charges of treason or rebellion (makar).
The government continues to restrict access by foreign human rights monitors and journalists to Papua, exacerbating the existing climate of impunity and making investigations extremely difficult. Prior to being ordered to close its Jayapura office, the ICRC had been visiting detainees in Papua’s Abepura prison, where prison guards continued to torture inmates, including political prisoners Buchtar Tabuni and Yusak Pakage.
In July a series of shootings at the Freeport goldmine in Timika left three people dead, including one Australian. Police, declaring that the Free Papua Movement (OPM) was involved in the attacks, arrested at least 20 Papuans in relation to the killings and declared seven as suspects. The OPM denied any involvement, and those targeted by the police insisted that they were neither affiliated with the OPM nor participants in the attacks. In November police released the final seven Papuans detained in connection with the incident. In November a Manokwari district court convicted three men of makar (rebellion), for raising a pro-independence flag.
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Kopassus Officer Named to Head Military in West Papua
The West Papua Advocacy Team (WPAT) and the East Timor and Indonesia Action Network (ETAN) in a January 24 statement described the naming of senior Special Forces (Kopassus) Officer as Indonesia Military Commander in West Papua as “profoundly disturbing.” The statement noted the “dark history” of Kopassus in West Papua and elsewhere and recalled recent and continuing reporting of Kopassus abuses targeting the Papuan population. WPAT and ETAN noted that the appointment would undermine efforts by Papuans to launch a dialogue with the central government and to demilitarize West Papua.
The new commander, Major General Hotma Marbun, has served in West Papua and in East Timor during periods of brutal repression. A statement by the Indonesian military chief of staff at the transfer of command ceremony indicated that the military would continue to focus on purported “separatist” threats. The military and police in West Papua routinely allege that Papuans defending human and civil rights are “separatists” and used the false charge to pursue crack downs against Papuans who assert their rights. (See full WPAT/ETAN statement at http://www.etan.org/news/2010/01hotma.htm)
Kwalik Replacement Pledges Continued Pursuit of Peace Initiative
A January 10 press release from the West Papua National Coalition for Liberation (WPNCL) announced that General Jeck Milian Kermong was elected to be the new Commander of KODAM III/Nemangkawi, succeeding Kwalik who was killed by the Indonesian police in late 2009. The election took place December 25, 2009 at an extraordinary meeting of the leadership of Free Papua Movement (OPM) at a military ceremony at the Headquarters of the KODAM III [Military Area Command III]/Nemangkawi in the central highlands of West Papua.
According to a January 10 report in the Vanuatu Daily Post, General Jeck Milian Kemong was close to Kwalik. He was born in Tsinga Village, the son of landowners in the Freeport mining area. He attended primary school in Amungun, Akimuga District with the late Kelly Kwalik in the 1960s. He subsequently attended the former Catholic seminary in Abepura from 1968 to 1971. He joined the OPM in 1977 and in that year participated a military action that destroyed the main pipeline at the Freeport copper and gold mine.
In a statement to the general public, Kemong asserted that the killing of Kwalik “will never undermine peaceful dialogue that has already been in progress.” Kemong pledged to continue the peace initiative until a lasting peace is achieved in West Papua.”
For many years, accepting appeals from leaders of Papuan civil society, Kwalik and many of the OPM leadership had observed a halt to most military activities in support of peaceful initiatives by civil society leaders to end security force abuse of human rights and the demilitarization of West Papua. Shortly before his killing, Kwalik had met with police officials in service of those goals.
Police Honored for Killing Kwalik
The Indonesian National Police headquarters on January 20 honored a team of 50 police officers with special commendations for the December 2009 shooting and killing Kelly Kwalik, the charismatic leader of the pro-independence Free Papua Movement (OPM). Police had been faulted for their handling of the incident: Kwalik died of a leg wound, apparently because police failed to staunch the wound, allowing Kwalik to bleed to death.
In the wake of the shooting police officials claimed that Kwalik has been involved in series of attacks in the area of the Freeport copper and gold mine in West Papua. These claims contradicted earlier statements by the police themselves that Kwalik was not involved in those attacks. Kwalik also had denied involvement. Giving credence to Kwalik’s claims of non-involvement, unknown gunmen have staged a new attack on Freeport personnel (see separate item this issue).
A media report quoted one of the police involved in the Kwalik shooting as stating that police were now attempting to track down Goliath Tabuni, another senior member of the rebel group.
Indonesian Government to Ban Books, Including Translation of the UN Declaration on the Rights of Indigenous People
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Is Indonesia’s democracy so fragile that it cannot allow the raising of the West Papuan Flag and books on the issue of West Papua? |
The Indonesian Attorney General’s office (AGO) plans to ban 20 additional books, including at least three which address human rightsviolations in West Papua and Indonesia’s annexation of that territory.
The banning would be justified by claims that the books fuel separatist sentiments, echoing those presented by the Suharto dictatorship. “We do not want to see Indonesia separated,” claimed the Head of Research and Development of the Justice and Human Rights Department Hafid Abbas.
The forbidden books will include The Indigenous World 2009, published by the International Working Group for Indigenous Affairs, edited by Kathrin Wissendrof. This publication was launched at the UN Headquarters in May 2009. Other books include: Hak Asasi Masyarakat Adat, a translation into Bahasa Indonesia of the UN Declaration on the Rights of Indigenous People and Sendius Wonda’s Rakyat Papua Barat Mencari Keadilan (A Nations Plea: West Papua People Looking for Justice).
Joe Collins of the Australia West Papua Association (Sydney) said, “is Indonesia’s democracy so fragile that it cannot allow the raising of the West Papuan Flag and books on the issue of West Papua? The banning of freedom of expression is contrary to the International Covenant on Civil and Political Rights (ICCPR). Instead of banning books on West Papua the Indonesian government should be allowing the West Papuan people to discuss human rights and self determination in their country.” AWPA called on The Indonesian Constitutional Court to revoke the authority of the Attorney General’s Office (AGO) to ban books in the country.
WPAT, for its part, notes that in banning the publication of the Bahasa Indonesian translation of a fundamental UN document, i.e., the UN Declaration on The Rights of Indigenous People, Indonesia has sought to impede access to a UN declaration for which it voted (in 2007).
| Church Voice for the Suffering People: No More Blood and Tears in West Papua, by Socrates Sofyan Yoman |
Indonesia’s censors have been busy recently. Last year, they banned the Australian-produced feature film Balibo, about the murder of foreign journalists in the lead up to Indonesia’s full scale invasion of East Timor in 1975. Shortly thereafter, five book were banned, including a recent Indonesian translation of John Roosa’s 2007 book on 1965 and Church Voice for the Suffering People: No More Blood and Tears in West Papua, by Socrates Sofyan Yoman.
The Indonesian Government “Food Estate” Plan to Expropriate Papuan Lands and Flood Area with Migrants
| Wamena women selling cabbage in a Papua market. Antara Photo |
Agriculture Minister Suswono has told the media that the Indonesian government has finalized plans for the country’s first integrated food production zone in Merauke, West Papua. The pilot project, comprising 1.6 million hectares, aims to attract domestic and international investors with a series of tax breaks and could be a model for other such zones in eastern Indonesia. The project envisions integrated farming including a plantation and livestock zone, where companies will process and package their products in one place. The government plans to give investors financial incentives such as tax breaks and reductions in customs and excise duty, according to the ministry.
According to the Ministry, the government will “streamline” the land acquisition process and facilitate immigration for foreign workers. In practical terms, Papuans will be forced to sell their land in what the Indonesian Farmers Union (SPI) a “land
grab” by big business at the expense of local people. This will eventually lead [the country] to losing sovereignty in our food [production], the union said. Food estates could also lead to feudalism because the role of the indigenous farmers will be just to provide labor to the capital owners. The union also said executives from Binladin Group, a Saudi Arabian conglomerate, have visited Merauke to examine the projects potential.
Local people and NGOs have also protested over associated social and environmental problems posed by the “estate” plan. Bungaran Saragih, a former agriculture minister, expressed similar concerns. There is potential for social conflict between the original residents and the newcomers, he told the Jakarta Globe in December.
West Papua Report
January 2010
This is the 68th 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.
Summary
The police killing of renowned pro-independence leader Kelly Kwalik is reminiscent of the Kopassus murder of Papuan leader Theys Eluay and has prompted calls for an investigation of police conduct. The death of former President Abdurrahman Wahid, whose Presidency was brought to an end by an undemocratic show of force by the military, is widely mourned, especially in West Papua. A formal rendering of the history of Indonesia’s annexation of West Papua published by the U.S. State Department is significantly flawed. A Papuan forestry official has warned that Indonesian decentralization/autonomy policies threaten West Papua’s forests. A senior Papuan official condemns the Indonesian Government’s failure to protect the rights of Papuan women who fall victim to development schemers and their Indonesian military enforcers. West Papua is the epicenter of an HIV/AIDS crisis.
Contents
- Extra-judical Killing of Papuan Patriot Kelly Kwalik
- Former President Abdurahman Wahid, A Friend of Papuans, Couped by The Military, Dies
- U.S. State Department Distorts West Papua’s History
- Jakarta’s “Autonomy” Policies for West Papua Jeopardizes Papuan Forests
- The Indonesian Government Fails to Protect Papuan Women’s Rights
- West Papua Suffers Highest Rate of HIV/AIDS
Extra-judical Killing of Papuan Patriot Kelly Kwalik
On December 16, 2009 Indonesian police shot Kelly Kwalik. He died shortly later due to a thigh wound. The Indonesian security force team that shot Kwalik was composed of members of the notorious Mobile Brigade (BRIMOB) and the U.S.-funded Detachment 88. That much is clear.
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The immediate police commentary regarding their killing of Kwalik lends support to those who suspect a police conspiracy to murder Kwalik. |
The rest is subject to intense discussion and dispute. Kwalik died of his wound shortly later, apparently due to blood loss. It is not clear that police took necessary medical action to address, i.e., to tourniquet, the wound. As a consequence of this apparent inaction the wound proved mortal. Equally unclear are the circumstances that brought this leading pro-independence figure into reach of Indonesian security authorities. Less than two months earlier he had met cordially with senior Indonesian security authorities at their behest. That meeting has prompted speculation that Indonesian security authorities lured Kwalik into a trap on the pretense of another friendly meeting. It was just such subterfuge which lured another renowned Papuan, Theys Eluay, to his murder at the hands of Kopassus in 2001.
The immediate police commentary regarding their killing of Kwalik lends support to those who suspect a police conspiracy to murder Kwalik. Police spokesmen pronounced Kwalik guilty of orchestrating the months of violence that have jeopardized the operations of the Freeport-McMoran mine. This claim, offered in apparent defense of the police killing of Kwalik, contradicted Kwalik’s profession of innocence and, more troublingly for the police, the police’s earlier public acknowledgement that Kwalik was not involved in the crime. Police claims that the dead Papuan leader also was responsible for the killing of U.S. and Indonesian citizens in a 2002 shooting incident in the same area similarly lack credibility. Initial police statements at the time and subsequent exhaustive investigation by independent researchers (see http://skyhighway.com/~ebenkirksey/writing/Kirksey-Harsono_Timika.pdf) demonstrated that the Indonesian military orchestrated those killings.
| Kelly Kwalik with Australian journalist Mark Davis in West Papua.ABC Four Corners photo. |
The killing of Kwalik was all the more tragic because for many years Kwalik had honored the appeal of Papuan human rights leaders such as John Rumbiak who have urged to seek redress of Papuan grievances through peaceful means.
The killing of Kwalik, like the 2001 murder of Papuan leader Theys Eluay by the Indonesian military (Kopassus) forces has prompted strong criticism from many quarters. The following December 29 statement by the Indonesian Human Rights Network, translated in abridged form by Tapol, underscores the injustice of this killing and the urgency of action by Indonesian President Yudhoyono to address rogue security force actions in West Papua.
Bintang Papua, 29 December 2009
Human Rights Network Questions Kelly Kwalik’s Involvement
The lack of any firm evidence of the involvement of General Kelly Kwalik in a series of recent terrorist actions in Timika, Papua has led the Network of Human Rights Defenders in Papua to call on the President of Indonesia to take action against members of the security forces.
In a press release issued by Poengky Indarti of Imparsial, Andreas Harsono of Yayasan Pantau, Muridan Widjojo of LIPI, Amiruddin Ar Rahab of Activists Concerned about Papua, Markus Haluk of AMPTPI, Miryam Nainggolan of PPRP and Suryadi Radjab of PBHI, they called on the President of Indonesia to instruct the Chief of Police of Indonesia, the Commander of the Armed Forces, the Attorney General and the Minister for Law and Human Rights to take firm action against all those members of the security forces who perpetrate acts of violence in Papua.
The Network also called on the Chairman of the Constitutional Court to take firm action against those who continue to try and sentence Papuans for giving expression to their basic rights. The government should also repeal Government Regulation No 77, 2007 [banning the use of symbols] which is in violation of Law 21, 2001 on Special Autonomy for Papua.
They also questioned allegations of the involvement of Kelly Kwalik which had resulted in his murder on the grounds that he had offered resistance to the police when they raided the place where he was staying, because this was in violation of the law and human rights which the police are required to uphold.
The Network also said that the case has been further complicated by police allegations that Kelly Kwalik was responsible for a series of incidents in the vicinity of PT Freeport between July and October 2009, although such allegations had been rejected by police-commissioner FX Bagus Ekodanto. who was the chief of police at the time.
The district police chief said at the time that the OPM was not responsible for the acts of violence in the vicinity of Freeport, and that there was no clear evidence implicating Kelly Kwalik.
The members of the Network were deeply concerned that all this has led to fears among Papuans that acts of state violence could victimise anyone in Papua, who could be branded with the stigma of separatism and the OPM.
These allegations also represented a violation of the Papuan people’s right to freedom of expression: they included the dispersal of people taking part in peaceful actions, the banning of books, the arrest, detention and incrimination of Papuans, including the murder of Papuans in the name of the OPM stigma. Such things must stop, they said. These actions not only violate the rule of law and human rights but also perpetuate the culture of violence and enhanced the authoritarian nature of the security forces, which was comparable to what happened during the New Order of Suharto.
Such developments were taking Papua further and further away from an atmosphere of peace and the desire of Papuan people to make Papua a Land of Peace.
see also ETAN/WPAT: Statement on Killing of Papuan Leader Kelly Kwalik
Former President Abdurahman Wahid, A Friend of Papuans, Couped by The Military, Dies
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Papuans will remember Gus Dur as the only senior Indonesian political figure to befrend them. In a highly symbolic gesture, he celebrated the new millennium, the 21st century, in West Papua. |
Abdurrahman Wahid, better known as Gus Dur, died on December 30. Gus Dur was unique among Indonesian leaders, personally generous, self-effacing and prepared to act on behalf of those who were victims of the policies of the Suharto dictatorship and its military. Though long a member of Indonesia’s political elite, he mocked it for its self pretention and corruption. He was also courageous. During his presidency (October 1999 to July 2001) he sought to reduce the power of the military over Indonesia’s political life. He fired the military chief General Wiranto who was later indicted by a UN-supported panel in East Timor for war crimes for his leadership role in the massacres which the military and its militias carried out in East Timor. The military exacted its revenge: in 2001, seizing the opportunity afforded it by a political crisis between the Parliament and President Wahid over corruption allegations (never proven), the military ringed the Presidential palace with tanks, guns facing inward. The President fired then Security Minister Yudhoyono for refusing to declare a state of emergency, but to no avail. President Wahid became the second president after President Sukarno to fall to the pressure of the Indonesian military.
| Gus Dur escorted out of Merdeka Palace after his impeachment. |
Papuans will remember Gus Dur as the only senior Indonesian political figure to befrend them. In a highly symbolic gesture, he celebrated the new millennium, the 21st century, in West Papua. After meeting with West Papuan leaders, including Theys Eluay and Tom Beanal, the President issued a formal decree changing the official name of the province from ”Irian Jaya” to ”Papua.” Irian Jaya was the name Suharto imposed after the Indonesia’s coercive annexation of the region. The following June, President Wahid acknowledged the right of Papuans to use their traditional symbols including their flag, the Morning Star/Kejora flag, insisting only that it be flown in conjunction with the Indonesian flag. In a gesture that had both symbolic and real meaning, he made a substantial, personal financial contribution to the Second Papuan Conference which convened May-June 2000. That meeting, attended by thousands of Papuans, set in motion the current peaceful struggle by Papuans for their fundamental human rights. As a private citizen, Gus Dur also gave support to Papuans’ calls for a dialogue with Jakarta over Papuans many outstanding grievances.
More than any other Indonesian political figure Gus Dur bequeathed to the people of the archipelago the vision of a future in which democracy reigns and human rights are respected.
U.S. State Department Distorts West Papua History
In its periodic series of “Background Notes” regarding Indonesia, the U.S. Department of State in October 2009 provided a deficient and incorrect account of the Indonesian Government’s long-troubled course in West Papua. The flawed document also ignored other key developments in Indonesian history including the military’s role in the murder of hundreds of thousands of Indonesian citizens in the late 1960′s and Indonesia’s invasion of East Timor.
In a December analysis by the West Papua Advocacy Team and the East Timor and Indonesia Action Network offered corrections to the flawed account. The review observed inter-alia that the “Notes” inaccurately portrayed the electoral fraud through which Indonesia annexed West Papua in 1969 and the killing of tens of thousands of Papuans by Indonesian security forces from the Indonesian assumption of administrative control in 1963 to the present.
Jakarta’s “Autonomy” Policies for West Papua Jeopardizes Papuan Forests
A December 14 article by Nethy Dharma Somba appearing in the Jakarta Post underscored the threat to the environment in West Papua posed by the current Indonesian government’s approach to “decentralization.” The analysis argues that Jakarta’s decentralization policies, and specifically its autonomy initiative in West Papua (‘special autonomy”), pose a direct threat to Papuan forests. The article cites Papua Forestry Office head Marthen Kayoi as warning that “(t)he forested areas currently available would unlikely still be there five to 10 years from now if regional autonomy continues as it would lead to physical development.”
The Papuan official added that while the current area of intact Papuan forests totaled 31.5 million hectares, only 24 million hectares would remain based on the current autonomy approach which entails the rapid designation of new administrative districts and development of infrastructure. In addition to normal development, there is, the official noted, the constant threat of illegal logging. (WPAT note: Much of this illegal logging is carried out by the Indonesian military or under its protection.)
The Papuan official called special attention to the Lorentz National Park which, despite its national park status, hosts operations by the Freeport-McMoran copper and gold mining operation. (WPAT comment: Freeport-McMoran gold mining operations not only extend into the Lorentz. The devastating consequences of its mining operations in the Timika district also extend to the Lorentz by virtue of its tailing disposal which spread to the Lorentz through Ajkwa river system which serves as Freeport’s tailings sewer system into the Afura sea).
The Indonesian Government Fails to Protect Papuan Women’s Rights
The leader of the Papuan People’s Assembly, Hana Hikoyabi, has bluntly criticized the role of the military in exploiting and victimizing Papuan women.
In a December 2 Jakarta Globe report, Hikoyabi noted that women are forced to leave their homes due to pressures from developers often backed by the military. “It hurts them so much because they depend on the land to live and eat, find materials for housing and to cook for their families,” Hikoyabi said, adding that military officers conducting the land clearing activities had been known to sexually assault Papuan women who refused to move out of their homes. ”They are raped by the military personnel and suffer deep trauma, which is not easily healed,” Hana said. “The government has failed to provide either trauma support or legal aid for these victims of violence and has not done enough to investigate the cases and punish the perpetrators” she added. “Women’s rights remain abandoned in Papua,” Hikoyabi concluded.
West Papua Suffers Highest Rate of HIV/AIDS
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Prostitution rings, often run by or protected by security authorities, have been an important factor in the transmission of HIV/AIDS in West Papua. |
A December 2 Tempo Interactive report notes that West Papua continues to suffer the highest incidence of HIV/AIDS. The Indonesian National AIDS Commission said Papua island still holds the highest HIV/AIDS rate – at 2.4 percent – compared to any other regions within the archipelago. Constant Karma head of the commission’s office in Papua Province told media representatives (2/12) that the number of people with HIV/AIDS in Papua and West Papua Province as of March 2009 was 6,245. Papua province has 4,745 with HIV/AIDS while West Papua has 1,500. Timika, the seat of Mimika Regency where the Freepot McMoran’s gold mine complex lies, ranked number four among the cities with highest transmission rate after Bandung (West Java), Jakarta, and Denpasar. Constant said over 90 percent of HIV/AIDS spreadings in the region were transmitted through sexual relations, with male sufferers become the main source of transmission.
(WPAT Comment: The Tempo Interactive report fails to note that prostitution rings, often run by or protected by security authorities, have been an important factor in the transmission of HIV/AIDS in West Papua. The high prevalence of HIV/AIDS in Timika can in part be explained by the large number of non-Papuan workers brought to the site by the Freeport McMoran mine, most of whom are not accompanied by spouses. Freeport’s failure to address this problem, a direct consequence of its employment practices entailing migration of non-Papuans to West Papua, is only one aspect of the painful Freeport legacy. The widely noted failure of the Indonesian Government to provide a minimally adequate health infrastructure in West Papua exacerbates the explosion of HIV/AIDS in West Papua.)
West Papua Report
December 2009
This is the 67th 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.
Summary
Two U.S. Congressman, both sub-committees chairs, have written to President Yudhoyono to urge a dialogue between the Indonesian national government and leaders of West Papua. Among issues the U.S. represented as possible to resolve in such a dialogue were the “demographic shifts leaving many Papuans as minorities in their own land.” The Indonesian Government has announced plans to establish a new military command in West Papua. The move, which would significantly increase the military presence in West Papua has drawn opposition from Papuans and beyond. Human rights activists have publicly pressed the Indonesian Government to investigate and prosecute long-standing crimes, notably against Papuans. There is growing public condemnation of the detention and mistreatment of Papuans over their alleged involvement of shooting incidents in the Timika area. As the incidents have continued, it has become self evident that those arrested in July were innocent and that those behind the incidents have demonstrated the firepower, mobility and resources available only to Indonesia’s security forces. Human Rights Watch (HRW) has called for the release of Papuans accused of involvement in peaceful flag-raising demonstrations. Convictions of flag-raisers, HRW argues, violates the Covenant on Civil and Political Rights which Indonesia ratified in 2006. Media reports are beginning to shed light on the abduction of Papuan children by the Indonesian military. The practice, entailing sending the young Papuans to Java, is reminiscent of military abductions of Timorese children during Indonesia’s long, brutal occupation of East Timor. There was late-November reporting of more physical abuse of Papuan detainees.
Contents
- U.S. Representatives Faleomavaega and Payne Call for Papuan-Indonesia Dialogue
- Plans to Expand TNI Forces in West Papua Meets Resistance
- Activists Press for Action on Stalled Human Rights Abuse Crimes
- Injustice in Timika
- Human Rights Watch Calls for Release of Papuan Flag-Raisers
- Indonesian Military Reported Abducting Papuan Children
- Mistreatment of Papuan Detainees Continued
U.S. Representatives Faleomavaega and Payne Call for Papuan-Indonesia Dialogue
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An internationally-mediated commission could work to improve enforcement of that law and better the daily lives of average Papuans by, for example, increasing the availability of electricity and fresh water, enhancing public health programs to prevent malaria and other treatable diseases, and upgrading the public education system to levels found in most of the rest of Indonesia. |
The Chairman of the Subcommittee on Asia, the Pacific and the Global Environment, Rep. Eni Faleomavaega (D-AS), along with the Chairman of the Subcommittee on Africa and Global Health, Rep. Donald Payne (D-NJ) sent a joint letter to Indonesian President Susilo Bambang Yudhoyono November 9 calling on him to create an internationally-mediated commission to establish a dialogue between the national government of Indonesia and the leaders of West Papua.
In the letter, the Congressmen noted that dozens of prominent leaders and organizations in West Papua, as well as key Indonesian leaders and intellectuals support such a dialogue, which would be analogous to one successfully held in Aceh province. The letter urges the Indonesian President “to seize the opportunity provided by these developments to establish a similar process for West Papua.”
“We believe that such a process would build on important steps Indonesia has taken in recent years, such as [Indonesia's] accession to the United Nations Declaration on the Rights of Indigenous Peoples. In becoming a signatory to that agreement, Indonesia clearly expressed its commitment to establishing legal protections for indigenous citizens, including Papuans.” the letter states.
“A national dialogue initiated by an internationally-mediated commission could work to improve enforcement of that law and better the daily lives of average Papuans by, for example, increasing the availability of electricity and fresh water, enhancing public health programs to prevent malaria and other treatable diseases, and upgrading the public education system to levels found in most of the rest of Indonesia,” the letter continues.
“A national dialogue would also present an opportunity to resolve other important issues in West Papua long viewed with concern by Members of Congress and the international community. These include human rights abuses, demographic shifts leaving many Papuans as minorities in their own land, limits on freedom of speech and peaceful assembly, restrictions on the free movement of Papuans within Indonesia, and constraints on international journalists, researchers, and those in nongovernmental organizations seeking to visit or work in West Papua.”
“It is our sincere hope that you will establish an internationally-mediated commission to initiate a dialogue bringing together nationally-respected leaders of your government and of West Papua. We believe this is the moment to begin such a process. A serious national dialogue will enhance the welfare of the people of West Papua, demonstrate Indonesia’s commitment to democracy and justice for all its citizens, and enhance your country’s growing stature on the global stage,” the letter concludes.
Plans to Expand TNI Forces in West Papua Meets Resistance
The Jakarta Post, November 12, 2009, reported that the Indonesian military (TNI) has announced that new military commands are to be established in West Papua and Kalimantan. The report explained that the step was intended to “revitalize the much-criticized territorial function.” Over many decades the TNI has utilized the concept of the “territorial function” to exert influence over local political and economic matters.
There are currently 12 regional military commands across the country. A military command covers one or more provinces, oversees military offices in regencies and municipalities, districts and subdistricts and into remote areas. West Papua is currently is part of the Trikora Military Command
Following the popular overthrow of the dictator Suharto, a key element of reform of the military, the dictator’s power base, was to reduce the number of “military commands” from 20 to 12. The commands exercised their ”territorial authority,” as the Jakarta Post notes ”to abuse human rights and curtail democracy during the New Order era.”
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An additional military command was not urgently needed in Papua and that programs addressing social issues of poverty and the overall development of the province were much more relevant. |
The announcement of the new commands has drawn strong criticism: A November 26 Jakarta Globe report noted that an assembly of West Papua’s cultural leaders on November 24 rejected plans for a new military command. Yance Kayame, a member of the Papuan Peoples’ Assembly (MRP), said “Papua does not need two military commands,” Kayame said. “What the Armed Forces could do is optimize the one currently in place.” Two other members of the MRP, a group of Papuan tribal leaders also opposed the plan. Hana Hikoyabi, the assembly’s deputy chairman, said adding that an additional military command was not urgently needed in Papua and that programs addressing social issues of poverty and the overall development of the province were much more relevant. Jhon Rustan, another MRP member, said the military command in Jayapura was already suffering from a budget shortfall. “That problem has affected the way the military command has functioned in Papua,” Jhon said.
Meanwhile, outside West Papua there other dissenters. The executive director of the Indonesian Institute for Strategic and Defense Studies (Lesperssi), Rizal Darma Putra, said the expansion was not necessary because the country was not facing any serious external threat. Darma Putra, quoted in the Jakarta Post noted that “(T)he expansion will require the Defense Ministry to spend more money out of its already limited budget,” he said. He continued: “The Defense Ministry will be required to invest in unnecessary personnel, equipment, weapons, buildings and vehicles for the territorial expansion. I don’t think they are necessary. Why don’t they spend the money on improving soldiers’ social welfare?” he said.
The research coordinator of the Indonesian Human Rights Monitor (Imparsial), Al Araf, also was critical of the step noting said the expansion was not necessary because it would create a functional overlap with the police.
There was no indication that either Papuan officials or Papuan civil society leaders were consulted about the expansion of TNI forces in West Papua. For over a decade Papuans have urged the demilitarization of West Papua as a means of ending TNI human rights abuse, corruption and impunity before the law. In the past expansion of the TNI force presence in West Papua has been funded by tapping “Special Autonomy” funds supposedly intended for development in West Papua.
Activists Press for Action on Stalled Human Rights Abuse Crimes
On November 17, the Jakarta Globe reported growing pressure from rights activists on the Indonesian government to act on long-overdue human rights abuses cases. Specifically, the activists called on the government to push the police regarding long-stalled investigations of a number of human rights violations in Papua, particularly the murder of Opinus Tabuni, who was killed in August 2008 in Wamena, West Papua as he participated in a peaceful political ceremony which celebrated the United Nations International Day of the World’s Indigenous people.
The Globe reported that Haris Azhar, deputy chairman of the Commission for Missing Persons and Victims of Violence (Kontras), said that nothing significant had been turned up in police investigations into the murder of Opinus, an investigation that is nearly one year old. “The government should take a stance in terms of legal enforcement in this case, and other human rights violations,” Haris said. Though an internal police inquiry is being conducted into the case, Haris said a criminal investigation was necessary.
An investigation team from the National Commission on Human Rights (Komnas-HAM) found that local military and intelligence officers were present at the incident. Ridha Saleh, deputy chairman of Komnas-HAM, said Komnas-HAM had already handed over results of its investigation into the Tabuni murder, along with the commission’s recommendations, to President Susilo Bambang Yudhoyono and the National Police.
Haris also said the Asian Human Rights Commission (AHRC) had received reports of violence perpetrated by police officers against people holding peaceful demonstrations in Papua including a police attack on a peaceful demonstration of taxi operators and a local Legal Aid Institute in Bau Bau city, Papua. The October attack injured six protesters.
Making a broader point regarding impunity for security force abuse, Haris argued that “Papuans will always be targeted through such violent acts if the attacks are not seriously investigated by security agencies.”
Injustice in Timika
Jonathan Pearlman, writing November 21 in the Sydney Morning Herald, has revealed new insights into the detention of Papuans purportedly involved in the shooting of Drew Grant, an Australian, national near the Freeport-McMoran mine in West Papua. The report underscores how closely the case parallels the 2002 killings of U.S. and Indonesian citizens in the same area. As in the 2002 case, local Papuans have been rounded up, severely mistreated in police custody and made scapegoats in what increasingly appears to have been a security force operation.
Pearlman offers new details and updates the plight of the Papuan scapegoats following the July murder of the Australian (the following is an abbreviated version of the original report which can be read in full at http://www.smh.com.au/world/death-in-papua-political-intrigue-clouds-miners-murder-20091120-iqud.html.
In the aftermath (of the initial attack which killed Grant the Australian national), about 24 men were arrested.. Most were released without charge. But, according to a local lawyer, Eliezer Murafer, six men were kept in three police stations across the province and charged with the attacks. They are: Simon Beanal, 30, who apparently suffers a mentally disability, Eltinus Beanal, 26, Tommy Beanal, 25, Apius Uamang, 39 – all residents of Timika – and two employees of the mine, Dominikus Beanal, 25 and Amon Yawame, 30. Mr Murafer told the Herald that the four Timika residents were at home at the time of the shootings and the two Freeport employees were in their hotel.
The men insist they are innocent – scapegoats caught in the murky politics of one of the world’s most lucrative mines – and that they confessed after being beaten with rifle butts and threatened with shootings and electric shocks. On Tuesday (November 17), five of the men were apparently released: their lawyers say all six still face charges and are yet to be given a trial date.
”They were blindfolded and the police said if they did not confess they would be taken to the bush and shot,” Dackson Beanal, whose five family members were among the six in jail, said. ”There were other threats. They were beaten up … Simon and Apius were handcuffed for almost two months.”
Mr Grant’s murder was one of several military-style shootings and ambushes in the past four months around the Grasberg mine … (B)ut the shootings continued despite the six men’s detention.
Analysts say the attacks, which involved skilled marksmen and military-issue bullets, bear the hallmarks of the Indonesian military. Some say they are linked to a long-running dispute between the army and the police over the job of providing security for the mine. Others say they are linked to disputes over local business opportunities or are a warning to the Indonesian President, Susilo Bambang Yudhoyono, to resist pressure to reform the military.
According to Indonesia’s Tempo magazine, the shooting of Grant – and each subsequent attack – occurred in areas around the mine with mobile phone coverage, which would suggest high levels of planning and co-ordination. The magazine reported sightings of a group of armed men dressed in black who were filmed on security cameras near the mine and stopped by guards the day after Mr Grant was killed. But the group has never been identified or arrested.
An expert on Papua at the Australian National University, Chris Ballard, said the suggestion the villagers could have carried out the attacks was ”farcical”. ”These people were obviously never involved,” he said. ”These recent shootings are far in excess of any of the attacks in the past. They would have required a well-resourced and well-trained unit or units of the security forces … It was never credible that the local community was responsible. … They stand to gain nothing from these attacks. The arrests were followed almost immediately by a string of further shootings … It should be a source of embarrassment to the Indonesian Government.”
A lecturer at the Australian Defence Force Academy, Clinton Fernandes, said the military was probably behind the shootings and was trying to justify its presence in Papua by raising the spectre of a separatist insurgency. ”The Indonesian military need to maintain its presence in Papua and want to ensure that the police no longer try to claim security of the mine area,” Dr Fernandes said. ”Without an insurgency, the army has to go back into the barracks and reduce its size and its budget and its influence. By staying in West Papua, the military gets access to funds and resources and arms and promotions.” (Note separate report in this issue regarding formation of new TNI Command in West Papua.)
Human Rights Watch Calls for Release of Papuan Flag-Raisers
Human Rights Watch (HRW), in a November 18 news release, called on the Indonesian Government to release from custody three Papuans convicted on November 12 for a peaceful political protest during which the Papuan morning star flag was raised. On November 12, a Manokwari district court convicted Roni Ruben Iba, Isak Iba, and Piter Iba, members of the Iba clan of makar (rebellion), for raising a pro-independence flag on January 1 outside the Bintuni Bay district government office near Manokwari, in West Papua province.
At their trial, HRW noted, the defendants said they had been mistreated during the arrest and at the Bintuni Bay police station. They said that police at the station kicked them, beat them, and used a rifle butt to strike them on their heads and bodies. The court sentenced Roni Ruben Iba, a hotel security officer, to three years in prison, while Isak Iba, a civil servant, and Piter Iba, a farmer, received two years each.
The HRW statement, which specifically called for President Yudhoyono to uphold free expression, noted that Indonesian courts have long treated the raising of flags associated with pro-independence sentiment as a symbol of sovereignty and, as such, a banned form of expression. Human Rights Watch said that the prosecutions violate internationally protected rights to freedom of expression and peaceful assembly codified in the International Covenant on Civil and Political Rights, which Indonesia ratified in 2006.
Human Rights Watch said such arrests are likely to intensify around December 1. In 1961, under Dutch rule, an elected council consisting mostly of indigenous Papuans commissioned the creation of a national anthem and flag. On December 1, 1961, the Morning Star flag was flown beside the Dutch tricolor for the first time. Indonesia took control over Papua with United Nations recognition in 1969.
Indonesian Military Reported Abducting Papuan Children
News of a program to remove Papuan children from West Papua to Java is beginning to receive limited media attention. According to Okezione.com, approximately 200 children may have been removed from the central highlands town of Wamena.
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The Indonesian military routinely abducted Timorese children from East Timor during the military’s long bloody rule there. Some of these abducted children were trained to serve military intelligence interests and subsequently reinserted into East Timor. |
One case cites a 12 year old boy, who was placed in an orphanage in Bintaro, a Jakarta suburb, by police in November 2009.
He reportedly was taken from Wamena in 2002 aboard a military cargo plane and now works as a beggar-street child in Bintaro area in Tangerang. Police arrested him for stealing.
According to Fauzan, he was initially sent to an Islamic boarding school in Bogor, but later transferred to one in Jombang, near Bintaro. He ran away from the school in 2007. Fauzan is currently one of nine Papuan children now living on the street. Reportedly, seven of them ran away from school.
Similar accounts have surfaced from time to time, notably by reliable sources associated with the Papuan “Kingmi” church. These reports often portrayed the Indonesian military as involved with several Muslim clerics who have sought to send these children to Java for “education.”
The Indonesian military routinely abducted Timorese children from East Timor during the military’s long bloody rule there. Some of these abducted children were trained to serve military intelligence interests and subsequently reinserted into East Timor.
New Mistreatment of Papuan Prisoners
Reliable sources have provided information regarding new violence directed at detained political prisoners. In Jayapura, four prisoners beat Buchtar Tabuni, a political prisoner, on November 26. Tabuni reportedly bled from wounds to face, head and mouth. Tabuni was not afforded medical treatment for his wounds. Buchtar Tabuni told international media that the four prisoners who attacked him included Samsul Bactri, Yansen Korwa and Robby. They are incarcerated soldiers. The other prisoner is a police officer named David Ongge. The four prisoners are “tampin” or “prisoners assigned to help prison guards.” The security officers are jailed for petty crimes.
In a separate incident, a November 24 protest outside of the Doyo Baru prison in West Papua by local people demanded compensation for land purportedly taken from them by prison officials. During the protest, three prisoners escaped.
This prompted prison guards to lock all gates in the building. In addition, Angki Madou, a prison guard, beat three prisoners from Papua New Guinea. He used a chair to beat John Kris, John Alfons and Raimon Moses. He also smashed their heads into a wall.
West Papua Report
November 2009
This is the 66th 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.
Summary
The Indonesian Military (TNI) missed a legislatively imposed deadline to surrender to the civilian government its vast legal and illegal business empire, which includes sometimes rogue business operations in West Papua. Continued attacks on the U.S. gold mining firm Freeport McMoran raises questions about the efficacy of Indonesian security forces and the justice of arrests of Papuans months ago for the attacks. Papuans are pursuing a lawsuit against Freeport McMoran for environmental destruction and human rights violations. Papuan democratic activists face arrest and death threats. President Yudhoyono’s new cabinet includes one Papuan and a General with a troubled record in West Papua. Violence targeting Papuans continues in the Central Highlands. HIV/AIDS is epidemic among Papuans due in large measure to the failure of the Indonesian Government to provide adequate health services to Papuans. TAPOL’s Carmel Budiardjo published a thoughtful essay that among other issues looks at prospect for a dialogue between the Indonesian Central Government and Papuans.
Contents
- TNI Misses Deadline to Divest Its Business Empire Much of Which Is in West Papua
- Continuing Attacks at Freeport Point to Injustice of July Arrests
- Local Papuans Proceed with Lawsuit against Freeport McMoran
- Papuan Democratic Activists Continue to Face Pressure
- President Yudhoyono’s New Cabinet Includes a Papuan and a General with Troubling Record in West Papua
- More Violence in The Papuan Central Highlands
- HIV/AIDS Reach “Generalized Epidemic” Stage Among Papuans Bereft Of Government Health Services
- Carmel Budiardjo on “West Papuan Issues and The Prospects for Dialogue”
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The TNI has pursued tactics of intimidation, often terrorizing and uprooting local populations to clear the way for logging or other land use in service of its businesses or those of clients. |
TNI Misses Deadline to Divest Its Business Empire Much of Which Is in West Papua
The Indonesian military (TNI) has evaded what the Wall Street Journal on October 17 described as a “long-anticipated deadline to withdraw from its many lucrative but controversial business activities.” The legal mandate on the TNI to divest derives from a legal obligation imposed by the Indonesian parliament in 2004. Many of those TNI businesses are illegal, as detailed in a 2006 Human Rights Watch report, and many are centered in West Papua. They range from mining and logging, to extortion and prostitution, the latter extending to people trafficking.
Emphasizing the West Papua angle, the Wall Street Journal article noted that in 2005, President Yudhoyono ordered a “crackdown” on illegal logging in Indonesia’s remote Papua province. The Journal elaborated, however, that while 186 people were arrested “only a handful of people were convicted, all of them low-level operators, and the suspected ringleaders, including a military police officer suspected of involvement, were acquitted.”
In furtherance of these activities, particularly in West Papua, the TNI has pursued tactics of intimidation, often terrorizing and uprooting local populations to clear the way for logging or other land use in service of its businesses or those of clients.
As the deadline for closure of the TNI business empire approached, President Susilo Bambang Yudhoyono issued a decree ordering the armed forces to transfer its official foundations and cooperatives, valued at over $240 million, to Indonesia’s civilian-led Defense Ministry, which is to operate them and receive any profits. But his decree failed to set a date for this turnover. Moreover, the Defense Ministry, while civilian-led, is dominated by active-duty or retired military leaders. In October 2008, a Government task force recommended that the state sell or liquidate the TNI. The task force recommended that by bringing the assets under civilian control the Government could demonstrate its commitment to real military reform and the principle of civilian control of the military. The Chairman of that task force has expressed his disappointment with the new Yudhoyono decree.
Continuing Attacks at Freeport Point to Injustice of July Arrests
The injustice of arrests of Papuans in July, purportedly for attacks on Freeport personnel, was underscored since then by a continuation of those attacks. Despite police arrest of seven Papuans in July, two more Freeport personnel and one solider were wounded in attacks in October as they travelled on the road connecting Timika and the mine site at Tembagapura. Such attacks have continued every few weeks since the July arrests.
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The authorities had arrested dozens of local Papuans in July, purportedly because of their involvement in the shootings. The incidents have nonetheless continued. |
Media reports noted that two miners were wounded October 20 when three security-escorted buses were ambushed between mile 41 and mile 42 of a road leading to the Grasberg mine, the world’s largest gold and copper mine. In addition a soldier was wounded when a joint patrol unit was ambushed by gunmen in Kali Kopi on the Timika-Tembagapura road on October 21.
As pointed out in an article in an October 23 Bintang Papua, the shooting incidents have taken place within a relatively small area in which as many as 1,320 Indonesian security personnel have been deployed. Moreover, the TNI and police have established joint command posts along the Timika-Tembagapura road on which the attacks are taking place.
Anastasia Tegeke, a member of Commission A of the DPRP-Mimika, noted that the authorities had arrested dozens of local Papuans in July, purportedly because of their involvement in the shootings. The incidents have nonetheless continued. Drawing attention to the failure of the beefed-up security forces to stop the incidents, Tegeke added: “many thousands of personnel were now operating in the area, using much of the money that has been allocated to development in the region.” His comment added to speculation that the chronic security problem served to provide extra income to the extra Indonesian security forces deployed to the region.
Meanwhile, local Papuan resistance leader Kelly Kwalik in a meeting with State security officials categorically denied that Papuan pro-independence fighters were behind the attacks. His denial of responsibility has been supported by police officials who have countered initial claims by military officials that the attacks were the work of the pro-independence fighters.
Also during the third week of October there was growing popular anger at Freeport as families of Papuan workers at Freeport demonstrated to demand better security for workers. They marched to the Regional Legislative Council office in Mimika and staged a rally. Although the police declared the demonstration illegal, they refrained from making arrests when the Council agreed to meet with the demonstrators. Some workers reportedly have decided to strike Freeport operations pending provision of adequate security.
Local Papuans Proceed with Lawsuit against Freeport McMoran
At an October 7 press conference in Jakarta, Titus Natkime, a lawyer representing the Amungme people announced the initiation of their lawsuit against the U.S.-based goldmine firm Freeport-McMoran. According to Natkime, the Amungme tribe is suing PT Freeport Indonesia for USD 30 billion, claiming environmental destruction and violation of land rights (USD 20 billion) and violation of human rights (USD 10 billion). Natkime claimed that Freeport operations have damaged the environment and that the Amungme people have been subject to discrimination, including physical abuse by Freeport security personnel. The launch of the suit follows what Natkime described as the failure of Freeport to engage in mediation talks mandated by earlier Indonesian court action.
In addition the lawsuit, on 15 September the tribe submitted a letter to the U.S. Securities and Exchange Commission (SEC) calling on the SEC to suspend trading of Freeport-McMoRan Copper & Gold Inc. shares until the judicial process is finalized.
Indonesia Friends of the Earth, which sponsored the October 7 press conference, noted that Freeport mines up to 10 million tons annually, and has dumped around 2.5 billion tons of toxic tailing in the region. The tailings have completely inundated the Ajkwa river system. Tailings have even extended to the shores of the Arafura sea where tidal action is now inundating and killing shore vegetation.
In the late 1990′s an Amungme lawsuit against Freeport was scuttled in part because Indonesian authorities, with the knowledge of the U.S. Government, prevented the U.S. citizen lawyer from travelling into Indonesia to meet with his Amungme clients according to a former U.S. diplomat who worked at the Embassy.
Papuan Democratic Activists Continue to Face Pressure
Two young Papuan democratic activists were targeted in October for their political activism. One, Victor Yeimo, was involved in peaceful demonstrations welcoming the formation of the International Parliamentarians for West Papua in October 2008. Meanwhile, Yoab Syatfle has gone into hiding following repeated death threats.
Yeimo’s fate may well be that of Papuan activists Buchtar Tabuni and Sebby Sambom, who also were involved in the October 2008 welcoming of the formation of the International Parliamentarians for West Papua. They currently are serving sentences of three years in Abepura prison. Security authorities indicated Yeimo may also be involved in additional incidents in 2009. Public relations police officer, Agus Rianto told the media that in addition to the October 2008 demonstration, Yeimo could also face charges for an attack on the Abepura police command post in April 2009. The authorities indicated that Yeimo might face charges of treason as well as “incitement.” The treason charges would be filed under Article 106 of the Criminal Code which carries a possible sentence of twenty years to life. Article 106 dates to the colonial era and was regularly employed by Dictator Suharto against his critics.
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Amnesty concludes that Syatfle was targeted “because he is a prominent peaceful political activist in Papua.” |
Amnesty International, on October 28, issued an “Action Alert” warning that “the life of Yoab Syatfle could be in danger.” The Alert explained that on 26 October Syatfle received six anonymous SMS messages threatening that he would be abducted and killed if he left his house. One of them warned: “you are one of the people we are looking for, we remember you, if you leave your house yard one more time, you will be killed.” The death threats, according to Amnesty International appear related to Syatfle’s role in a demonstration scheduled for October 29 in the city of Sorong in West Papua. Amnesty concludes that Syatfle was targeted “because he is a prominent peaceful political activist in Papua.” (Syatfle is the Sorong Secretary of the Papua Traditional Council or Dewan Adat Papua which represents Indigenous communities in Papua. He is also Secretary of the Papua National Consensus Team, a non-violent group campaigning for a peaceful internationally mediated solution to the political problems in Papua. He has met with U.S. Congressional leaders in the past.)
Amnesty International notes in its alert: “The right to free expression, opinion and assembly is guaranteed under the Indonesian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. However, members of human rights organizations in Papua have been harassed and intimidated because of their work, and many peaceful pro-independence political activists have been arrested and sentenced to long terms of imprisonment.”
President Yudhoyono’s New Cabinet Includes Papuan and a General with Mixed Record in West Papua
President Yudhoyono’s new cabinet includes a prominent Papuan, Freddy Numberi, who will be Minister of Transportation. Numberi served as governor of Papua from 2001 to 2003. He was Minister of Fisheries and Marine Affairs in the first Yudhoyono cabinet and Minister for Administrative Reform under President Abdurrahman Wahid. In 2004 President Yudhoyono asked the retired Indonesian navy admiral, as former Papuan Governor, to assist in resolving tensions between the Central Government and Papuans. Numberi was a strong advocate of “Special Autonomy.”
As Governor, he appointed Papuan political figure Theys Eluay to the Papuan Council, but then tried to have him removed when Eluay, who was subsequently chosen to chair the council, expressed support for Papuan independence. Indonesian special forces (Kopassus) assassinated Eluay in 2001 while Numberi was still Papuan Governor.
Yudhoyono also chose General Sutanto to head the State Intelligence Agency (BIN). Sutanto was served as Chief of Police in West Papua during and following the June 2007 visit of senior UN official Hina Jilani to West Papua. For months after her visit, Papuans, including senior Papuan clergy, who had met with her faced harassment and threats. The intimidation drew criticism from Jilani in her subsequent report to the UN on human rights abuse in West Papua. Calls by international NGO’s to Sutanto to investigate the threats went unaddressed.
Sutanto also dismissed claims in a detailed July 2009 Human Rights Watch report of abuse of Papuans by security forces, contending publicly that the human rights environment in West Papua was improving.
Given the violations of human rights that transpired on his watch – as Police Chief in West Papua – his new, more powerful role as chief of an agency which has itself been repeatedly accused of violating rights in West Papua and elsewhere — including the assassination of Munir, Indonesia’s most prominent human rights activist — raises concerns.
More Violence in The Papuan Central Highlands
The Tingginambut area within the Papuan Central Highlands was again the scene of violence in October when one civilian worker was killed during an attack by unknown people on a work crew. The police reportedly questioned five witnesses to the attack which was carried out by approximately 15 men armed with guns and swords. The work crew was employed by PT Agung Karya and was conducting repair work on a bridge in the Kalome area in Tingginambut district.
The Tingginambut area as been the seen of attacks and security force reprisals against local civilians for six months.
HIV/AIDS Reach “Generalized Epidemic” Stage Among Papuans Bereft Of Government Health Services
The Antara News Agency, October 28, reported that the prevalence of HIV/AIDS in West Papua has reached “the ‘generalized epidemic’ stage, according to World Vision Indonesia health program coordinator Dr. Ronald Gunawan. “HIV and AIDS in Papua are no longer exclusive to high-risk groups, but also common among the general public,” said Gunawan. Among the indigenous population, the prevalence rate had reached 2.8 percent, much higher than the rate of 1.5 percent among immigrants. Gunawan said the highest rate, 3.2 percent, was found in coastal and remote areas where health services were scarce.
Gunawan said the spread of HIV/AIDS could be checked if the public were made more aware and given adequate information. The government needed to improve the quality of education, particularly in remote areas of the province. He said the government also had to recruit doctors and health workers and post them around Papua to improve the quality and delivery of health services.
The failure of the Indonesian central government to provide a basic health (or education) infrastructure for Papuans after over 40 years of control of West Papua and despite over eight years of “special autonomy” (see the following piece for more detail on the inadequacy of basic services in West Papua) is one argument employed by critics of Indonesian policy who contend that decades of such neglect has had a genocidal impact on Papuans.
Carmel Budiardjo on “West Papuan Issues and The Prospects for Dialogue”
Carmel Budiardjo, founder and co-director of TAPOL, the London-based human rights organization, authored an Op-Ed which was published in the October 25 Jakarta Post.Excerpts follow:
As Susilo Bambang Yudhoyono begins his second term as President, it is worth considering the prospects for dialogue to resolve Indonesia’s most intractable conflict.
The implementation of the 2001 Special Autonomy Law (Otsus) for West Papua has been woeful. While the exploitation of Papua’s natural resources earned huge revenues for Jakarta, West Papuans are among the poorest in Indonesia.
Without consulting the Majelis Rakyat Papua, the Papuan People’s Council, set up in compliance with Otsus (2001 Special Autonomy legislation), the central government split the territory into two provinces. Dozens of new districts have been created to facilitate access for people in remote areas, but they have gobbled up most of the funds allocated under the Otsus law to build new offices and pay new staff, most of whom are non-Papuan.
The Papuan people have enjoyed little improvement in health and education. LIPI (the Indonesian Institute of Sciences) concludes that education is worse today that when West Papua was still a Dutch colony. In Yahukimo district, there were only 331 teachers for 15,662 children.
The state of health is just as bad: malnutrition is widespread and there is hardly any access to clean water. There are only 12 government hospitals and six private hospitals, plus a few poorly equipped health centers. Ninety percent of Papuan villages have no access to clinics and the few that are located in the interior have only a midwife and a nurse, with no doctors in sight.
The (LIPI) researchers concluded that “the government fails to recognize the health situation as being a threat to the existence of the Papuan people.”
Papuans are unable to compete with Indonesians now doing business in West Papua. Whereas in 1959, outsiders accounted for 2 percent of the population, this rose to 35 percent in 2000, and 41 percent in 2005. By 2011, Papuans are likely to be out-numbered.
Although dialogue has been successful in Aceh, Jakarta fears that dialogue with West Papua will get bogged down over the issue of independence.
Papuans have experienced years of military operations and violence. While the perpetrators enjoy impunity, Papuan groups that organize demonstrations are accused of being anti-NKRI or “separatist”, with dire consequences. Even flying the Papuan flag, the Kejora, risks heavy punishment.
Recognizing that dialogue is fraught with difficulties, LIPI recommends an “incremental process” which would mean abandoning the armed struggle by the Papuans and the implementation of Otsus and demilitarization by Indonesia.
The suggested agenda would include: the history and political status of Papua; justice for human rights victims; the failure of development in Papua and the marginalization of the Papuans.
Jakarta needs to have the courage to approach Papua, learning from what has been achieved in Aceh. The LIPI recommendations deserve the government’s serious attention.
West Papua Report
October 2009
This is the 65th 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.
Summary:
Famine continues to kill villagers in a broad swath of the Papuan hinterland. The Government response to the crisis has been to deny that famine is occurring and to provide inadequate assistance to address what it contends is only an outbreak of disease. Respected academics have launched a public discussion of the impact of Indonesia’s four-plus decades of control in West Papua and whether its policies there constitute genocide. Papuans continue to call for an internationally mediated, senior-level dialogue with Jakarta about West Papua’s past and its future. Demonstrators have urged the release of Papuans arrested for peaceful political dissent. Meanwhile, other activists have been arrested or are facing arrest. An international firm, collaborating with an Indonesian company, has announced plans to transform a vast area of forest near Merauke into wood chips. A South Korean daily has published an account of West Papua’s annexation by Indonesia which it describes as a “betrayal” of the Papuans by the international community. Additional evidence has surfaced of the human cost of the Indonesian military’s continuing “sweep” operations in the Papuan hinterlands. Confusion reigns in Indonesia’s response to months of attacks targeting the operations of PT Freeport and its personnel.
Contents
- Jakarta Slow to Act as Famine Afflicts Papuans
- Engineering Demographic Change in West Papua: Is it Genocide?
- Papuans Continue to Press for Dialogue with Jakarta
- Demonstrators Urge Release of Peaceful Activists and Call for Dialogue
- Massive Assault on Papuan Rain Forest Planned
- “International Betrayal” of Papuans
- Photographic Evidence of Civilian Casualties in Continuing TNI Sweeps
- Continued Confusion over Prosecutions in Freeport Shootings
Jakarta Slow to Act as Famine Afflicts Papuans
Ones Pahabol, the Chief government official in Yahukimo District in West Papua has confirmed to Indonesian and international media that famine continues to devastate the population in the Papuan hinterland. The extreme shortages of basic food staples, especially sweet potato has continued in the region since January.
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Reflecting its inattention to the crisis, the central government has yet to determine the extent of the famine. |
Reflecting its inattention to the crisis, the central government has yet to determine the extent of the famine, but the Christian Foundation for Community Social Services which works in the affected area reported 92 famine deaths in early September. The Asian Human Rights Commission, citing local contacts, puts the death toll at 113 and notes that the famine has affected 26 sub-districts.
On 14 September 2009, the central government sent food aid of 100 tons of rice, sweet potatoes and other foodstuffs, including noodles, to the affected area. Although the government has admitted the villagers suffered from various diseases, medical aid, as of late September, has not yet reached the villagers. District Chief Pahabol has proposed a vast relocation scheme that would move the several hundred thousand affected Papuans nearer the District capital. The plan, which would be completed over a period of 15 years, would not address the immediate emergency.
The central government has consistently maintained, moreover, that any deaths in the area were due to disease and not to starvation. The Asian Human Right Commission has sharply criticized this government reaction: “The denial, by the
government, of a proper investigation into this situation and a lack of professional knowledge is irresponsible.” The Commission added that: “along with the government’s denial of starvation deaths, they are reluctant to detail exact information of the deceased villagers.”
The ongoing famine is particularly dangerous for children, who are more vulnerable to malnutrition and resulting disease, as well as slowed intellectual development due to inadequate nutrition. These consequences require urgent medical attention which has been lacking in the government response.
A comprehensive remedial economic development program is equally essential inasmuch as famine has afflicted the region in the past. Inadequate infrastructure such as roads or public transportation for local commerce and access to markets in the region contributes to the chronic food insecurity.
As the Asian Human Rights Commission statement, notes, a similar harvest failure caused at least 55 deaths in 2005. Government failure to address underlying food deficiency in this remote area is clear. Previously, in 2006, 34 agricultural advisers were present throughout 17 of the affected sub-districts. They assisted local farmers in assuring an adequate production of key staples, notably tubers. However, the government has withdrawn support for these advisors.
As the Asian Human Rights Commission points out, “the right to food is a fundamental right.” As a state party of International Covenant of Economic, Social, and Cultural Rights (ICESCR), the Indonesian government has an obligation to take steps with a view to achieving progressively the full realization of the rights in ICESCR, including right to adequate food as enshrined in Article 11 paragraph 1.
Moreover, the central government’s failure to act to address persistent humanitarian need in West Papua is a violation of Indonesian law. Indonesian law, specifically the Act Number 7 of 1996 on Food <http://www.foodjustice.net/jurisprudence/indonesia> provides for “sufficient availability of safe, nutritious and quality food.”
The crisis underscores the reality that the central Government’s “Special Autonomy” policies continue to fall short of meeting basic needs of Papuans. Essential services, including health care, education, and job creation through sustainable economic development remain out of reach for many Papuans, particularly in rural areas.
(WPAT COMMENT: The government’s inaction in the face of the protracted and recurring crisis constitutes a fundamental violation of human rights and contributes specifically to an approach of malign neglect that has led WPAT and other observers to describe central government policies toward West Papua as genocidal in their effect.)
(see AHRC statement http://www.ahrchk.net/ua/mainfile.php/2009/3260/ )
Engineering Demographic Change in West Papua: Is it Genocide?
Dr. Richard Chauvel, prominent Australian academic writing for Inside Indonesia (“Genocide and demographic transformation in Papua“) offered an analysis of a recent public debate between respected observers Jim Elmslie (“Not Just Another Disaster“) and Stuart Upton (“A Disaster Not a Genocide“) regarding charges of genocide and demographic transformation in West Papua. Chauvel in the first of a two-part analysis writes that:
“The articles by Jim Elmslie and Stuart Upton have much in common. They both agree that: Papua has experienced a large scale demographic transformation since 1963 the modern economy is dominated by Indonesian settlers and Papuans are marginalized. Papuans suffer disadvantage in education, employment and health there have been significant human rights abuses by the Indonesian security forces. In short, Indonesian immigration in Papua is understood to be a consequence of the territory’s incorporation into Indonesia. Given that in the eyes of many Papuans their incorporation into Indonesia occurred without their participation or agreement, the Indonesian migration that followed is likewise highly contested.”
Chauvel also usefully notes that the Dutch, in the latter years of their control of West Papua, had sought to set Papuans on the course of self-rule:
“Not only did many in the Papuan elite find the idea of an independent nation more attractive than incorporation in Indonesia, but during the last years of the Dutch administration they had been the beneficiaries of Dutch policies of ?Papuanisation? of the bureaucracy. As Stuart Upton notes, many of the early Indonesian migrants were those who assumed senior government positions, taking over not only positions previously held by the Dutch, but also those occupied by Papuans.”
Chauvel agrees with Elmslie that Papuan opinions and experiences deserve to be “taken seriously” but adds that “putting a figure on the loss of life is problematic.” In this regard Chauvel notes that the figure of 100,000 Papuans killed is widely cited but that the figure is not possible to confirm. He cites a 2007 study by Human Rights Watch, “Out of Sight: Endemic Abuse and Impunity in Papua’s Central Highlands” (July 2007), which he notes “illustrates some of the difficulties faced when investigating violence and human rights abuses in one of the most tightly controlled and conflict-ridden regions in Papua.” Chauvel explains that, “working without the cooperation of the Indonesian authorities, the researchers found that the Indonesian security forces “?continue to engage in largely indiscriminate village ‘sweeping’ operations in pursuit of suspected militants, using excessive, often brutal, and at times lethal force against civilians.”
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Papuans from all walks of life for several years have been calling for an internationally mediated senior level dialogue between Jakarta and Papuans. Some proponents of the dialogue have pointed to the Jakarta-Aceh dialogue which significantly reduced long-standing tensions there. |
Chauvel concludes: “… this carefully documented Human Rights Watch report does not provide evidence that there has been systematic killing of large numbers of Papuans. Rather it provides insights into how systemic violence pervades relations between the security forces and Papuan communities…. We should respect Papuans’ discussions of the demographic transformation of their society and endeavour to understand the experience they are describing. However, I suspect that the use of the term genocide obstructs our comprehension of the endemic nature of state violence against Indonesian citizens in Papua and makes the necessary institutional reform and cultural transformation of the Indonesian security forces more difficult.”
WPAT notes that a 2004 study by the Alfred K. Lowenstein International Human Rights Clinic at the Yale University Law Schoolwhich did not offer a definitive conclusion about whether genocide had occurred, did find that “on the available evidence, a strong indication [exists] that the Indonesian government has committed genocide against West Papuans. Moreover, even if the actions described… were not carried out with the intent to destroy the West Papuans as a group, a necessary element of the crime of genocide, many of the actions clearly constitute crimes against humanity under international law.”
Papuans Continue to Press for Dialogue with Jakarta
Radio New Zealand International on October 1 reported that thousands of West Papuans turned out in rallies in West Papua demanding international help in mediating a political settlement between Jakarta and a new “West Papua Transitional Authority.” Rallies in Sorong, Manokwari and Jayapura drew between 5,000 and 10,000 people.
The demonstrators reportedly specifically called on Australia to facilitate dialogue over human rights abuse and Papuan dissatisfaction with Special Autonomy.
Papuans from all walks of life for several years have been calling for an internationally mediated senior level dialogue between Jakarta and Papuans. Some proponents of the dialogue have pointed to the Jakarta-Aceh dialogue which significantly reduced long-standing tensions there. Recently the prominent Jakarta-based Indonesia Institute of Sciences (LIPI) has sought to advance the concept of such a dialogue as part of “Papua Roadmap” toward addressing abuses and reducing tensions in West Papua.
Demonstrators Urge Release of Peaceful Activists and Call for Dialogue
The Cenderawasih Pos on September 17 reported that demonstrators gathered in Abepura and outside the district court in Jayapura September 14 to urge the court to review sentencing of Buchtar Tabuni and Sebby Sembom. The two Papuan human rights advocates currently are serving prison terms for peacefully demonstrating in support of the International Parliamentarians for West Papua launched in London one year ago.
The demonstrators were prevented from entering the district court building. Police did, however, assist them with transport from that court to the high court. At the high court the demonstrators presented their demands which were:
“First, for the government and the international community to solve the West Papuan problem by means of dialogue. Second, to open up democratic space in West Papua. Third, for the court to review the convictions for rebellion of Tabuni and Sembom, and to release them.”
Fransiskus Lopi, deputy head of the high court, who met with the demonstrators promised to convey their demands to the authorities.
Meanwhile, reliable Papuan sources report additional targeting of Papuan civil society leaders and activists: Yan Christian Warinussy of LP3BH reports that in mid-September police in Sorong arrested Johan Wenda, an alleged spokesman of the Papuan armed resistance the TPN/OPM. Following transfer to the police headquarters he was subjected to interrogation without the presence of a lawyer. In Manokwari, chief of police for West Papua has instructed the Manokwari chief of police to pursue charges of rebellion against Barnabas Mandacan and Yohan Warijo and to arrest the two activists.
Massive Assault on Papuan Rain Forest Planned
LG International group, a trading affiliate of South Korea’s LG Group, announced September 27 that it had secured one million hectares of forest land in Merauke as a source for wood chips. The deal was completed through cooperation with the Indonesian MedcoEnergi and will focus on the production of wood chips and wood pellets of the local acacia and eucalyptus trees.
The massive destruction of pristine Papuan rain forest and its impact on local people is not addressed in the LG Group announcement and there is no indication of Papuan involvement in discussions leading to completion of the deal.
“International Betrayal” of Papuans
Indonesian correspondent for the Seoul Times, John M. Gorrindo in late September filed a comprehensive report which focuses on the historical plight of the Papuan people. He concludes the first part of his two-part analysis with the following regarding the “Act of Free Choice,” the indisputably fraudulent electoral process which facilitated Jakarta’s annexation of West Papua: “In the ‘Act of Free Choice,’ the international community had betrayed the only opportunity Papua has yet to have in becoming an independent state. Not a single nation protested the sham elections. Nor did the UN. And to have the greatest democratic force in the world, the United States, be the determinate factor behind the betrayal fully exacerbated the treachery. Realpolitik had determined the victor and the vanquished.” The full article can be found here.
Photographic Evidence of Civilian Casualties in Continuing TNI Sweeps
Australian human rights activist Nick Chesterfield placed online new evidence of the human cost of Indonesian military sweeps in the Puncak Jaya region, reported in recent editions of the West Papua Report. Chesterfield notes that the photographs reveal the brutal extrajudicial murder of civilians in Mulia, Puncak Jaya regency during a sweep by a joint Indonesian military (TNI) and BRIMOB police patrol. He elaborated that the bodies of victims were deliberately mutilated, burnt and hidden to prevent identification. The full set of 12 distressing photos can be downloaded at http://rapidshare.com/files/284410599/photos_killings_PUNCAK_JAYA_sep09.rar
Continued Confusion over Prosecutions in Freeport Shootings
In the continuing saga of violence surrounding the Freeport Mining concession, the Papua Police Office has handed over to the Timika Prosecutor’s Office dossiers of seven people accused of being involved in a riot at the U.S.-mining giant PT Freeport Indonesia that claimed the lives of at least two workers. The police office Spokesman, Senior Commander Agus Rianto told the media that the seven suspects would later would be tried at Timika District Court to prove their roles in the ambush murders of the Freeport security workers and the one of the firm’s bus. “Meanwhile, we keep on hunting for the killer of Australian worker Nicholas Grant,” Rianto said.
As in the matter of Papuans arrested and subsequently convicted for an attack near the mine in 2002 which killed two American citizens and one Indonesian, it appears increasingly clear that the arrested Papuans are simply scapegoats. The fact that attacks on Freeport transport and security escorts have continued reveals that the authorities either have detained the wrong people or have in custody only minor players in the attacks. Further confusion arises in the contradictory statements of senior Indonesian security officials. Some have alleged the attacks to be the work of the armed Papuan opposition the Free Papua Movement (OPM). Meanwhile, Army Chief of Staff General Agustadi Sasongko Purnomo has told the media that the Freeport shooting incidents was the work of “criminal” OPM.
West Papua Report
September 2009
This is the 64th 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.
Summary:
There were Indonesian security force attacks on Papuan civilians in August with reports of continuing assaults in Puncak Jaya and a new report from Yapen island where security forces terrorized villagers following security force murder of a tribal leader and former political prisoner. Amnesty -recognized prisoner of conscience Filep Karma has been hospitalized after a week’s delay in medical attention at the notorious Abepura prison. The Australian Senate has called for a return of the Committee of the Red Cross to West Papua after Indonesian officials closed its offices there in the wake of an ICRC visit to Abepura prison this Spring. Despite the jailing of several Papuans alleged to have been behind July attacks in the area of the Freeport mining concession, attacks continued in August. Amnesty has issued a public statement decrying the lack of progress in the investigation of the murder of Papuan activist Opinus Tabuni. Officials of the Home Affairs Ministry have met with Papuans in a rare dialogue. The discussion falls far short of the senior-level, ly mediated dialogue that Papuans have been seeking for several years. More than a dozen organizations meeting in Dili have urged an end to impunity for Indonesian security forces operating in West Papua and for a positive Jakarta response to Papuan calls for dialogue. Senior Papuans, in a late August conference, have emphasized the failure of “special autonomy” to address Papuan needs. Conservation groups have joined together to create a protected region in the waters off West Papua’s “bird’s head” region.
Contents
- Security Forces Burn Homes and Churches in Puncak Jaya Region and Terrorize Civilians in Yapen Island
- Inadequate Medical Response to Illness of Papuan Prisoner of Conscience
- Australian Government Voices Concern Over Banning of ICRC in West Papua
- Attacks on Freeport Vehicles Continue in August Despite July Arrests
- Amnesty Statement Decries Lack of Progress in Investigation of Murdered Peaceful Papuan Protester
- Low-Level Dialogue Between Papuans and Indonesian Government Officials
- At Conference in Dili Call for End to Impunity in West Papua
- Addressing the Moribund “Special Autonomy” Policy
- Prominent NGO’s Join Forces to Protect “Bird’s Head” Region
Indonesian Military Forces Burn Homes and Churches in Puncak Jaya Region and in Yapen Island
Papuan sources are reporting Indonesian military attacks on civilians in remote regions of West Papua. These include continued attacks in the long-troubled Puncak Jaya region and reports of new attacks on Yapen island. The remoteness of these regions and Indonesian government restrictions on access by journalists and human rights officials generally in West Papua delays and limits the flow of information on these incidents. The following is known:
Indonesian military forces (TNI) on August 28 conducted a joint operation in Kalome village, Tingginambut district, Puncak Jaya regency. The Indonesian troops burned all the villages honay (traditional round houses) and two churches. The civilian casualty count resulting from this action is as yet not known. (See the June issue of the West Papua report for additional reporting regarding marauding Indonesian-military led “sweep” operations now ongoing in West Papua’s central highlands region of Puncak Jaya.)
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The remoteness of these regions and Indonesian government restrictions on access by journalists and human rights officials generally in West Papua delays and limits the flow of information on these incidents. |
In recent months various sources have reported on tension in the area. Much of the tension arises from a rivalry between TNI personnel and the police which run or extort local businesses. Kopassus (Indonesian special forces), Kodim (regional command) and Brimob (the militarized police) are behind most of businesses in Tingginambut. Local people must pay high fees imposed by local security forces for essentials. In addition, there are huge illegal mining activities in the region which are run by or in collaboration with government security forces. Earlier this year a Brimob officer was shot to death in Tingginambut. Many observers doubted the official version that the armed Papuan opposition was responsible for the killing, suspecting instead that the killers were Brimob rivals from Kopassus.
In a second report, two sources on Yapen Island have reported that following the murder of Yawan Wayeni, a tribal leader and nine-year political prisoner during the Suharto dictatorship, in his house in Mantembu village. Following the August 2 murder of Wayeni by Brimob forces, Indonesian forces, on August 3, conducted what the troops described as a “shooting practice” in Mantembu, terrorizing villagers, mostly farmers. Reports claimed that soldiers arrived aboard two trucks several jeeps and dozens of motorcycles.
Yapen police chief Imam Setiawan said that his men had to shoot Yawan Wayeni because he was armed. “We had to shoot first after which we evacuated him to the hospital. He died during the trip to a local hospital. He was shot in the thigh and stomach,” said Setiawan as quoted by the Cenderawasih Pos daily. Setiawan claimed that his men had seized a hand-made gun.
Travel to Yapen entails an eight-hour ferry ride from Biak Island. Biak itself is about one hour by air from Jayapura, the capital of Papua.
Inadequate Medical Response to Illness of Papuan Prisoner of Conscience
Filep Karma who is serving his sentence in the Abepura Prison in August was placed in the intensive care ward at the Dok Dua Hospital in Jayapura. After suffering intense abdominal pain for over one week he was finally transferred from the Abepura prison to the hospital on August 18. The transfer took place only after local a facebook and SMS campaign regarding his serious and deteriorating condition.
Karma, a West Papuan, was sentenced in 2008 to 15 years in prison for participation in a rally where the West Papuan national flag, the Morning Star was raised. That ceremony was a peaceful exercise of the right to freedom of expression. Amnesty and other human rights organizations regard Karma among the dozens of Papuan prisoners of conscience now in Indonesian custody. His case, and that of fellow prisoner of conscience Yusuf Pakage, was the subject of a U.S. Congressional letter to President Yudhoyono that was signed by 40 members of the U.S. Congress in 2008.
A Human Rights Watch report in June (see West Papua Report for July) reported on the abuse of prisoners in the Abepura Prison in West Papua. Its June 5 report, “Indonesia: Stop Prison Brutality in Papua,” called on the Indonesian Government to “investigate and hold accountable abusive guards and officials at the Abepura prison in Papua.” According to the report, “sources report that torture, beatings, and mistreatment by guards are rampant.” HRW also noted that among the approximately 230 prisoners at the facility, “more than a dozen are imprisoned for peaceful political acts.” In 2007, a United Nations special report also focused on abuse in Indonesian detention and noted particular serious abuse in facilities located in West Papua. In early 2009, Indonesian authorities ordered the Committee of the Red Cross (ICRC) to close its office in West Papua. The order followed an ICRC visit to prisoners in the Abepura prison.
Indonesian authorities resistance to concern about conditions in detention facilities in West Papua continues. On August 21 the Indonesian Foreign Affairs Ministry issued a statement that rejected calls for a restoration of the West Papua office of the Committee of the Red Cross. The previous Red Cross office was forced to shut and leave West Papua earlier this year after its staff members visited prisoners in jail in West Papua.
Australian Government Voices Concern Over Banning of ICRC in West Papua
An August 21 Radio Australia report noted that Australia’s government has sent a quiet signal to Indonesia about mounting concern over human rights conditions in West Papua. The Rudd government — facing accusations it’s too quite on the issue – has allowed its Senators to support a motion in Parliament’s upper house that calls for pressure from Canberra on Indonesia to allow the return of the Red Cross to West Papua.
The motion calls on the Australian government to urge Indonesia to allow the Red Cross full and unfettered access in West Papua. The Red Cross was forced to leave Papua in April after it made visits to jailed Papuan separatists. Indonesia claims the Red Cross operation in Papua breached its agreement with Jakarta. The Red Cross claims discussions with the Indonesian government are ongoing.
Attacks on Freeport Vehicles Continue in August Despite July Arrests
Despite the arrest of seven Papuans alleged to be behind the mid July attacks on Freeport personnel traveling on the Timika-Tembagapura road, attacks along that road have continued. (The 79 mile route connects the seaport town of Timika to Freeport’s Grassberg mine complex.) On August 12 an employee bus was attacked. No one was injured or died as a result of this incident. On August 16 a convoy of Freeport’s buses was attacked despite a police/military escort. Six employees were injured in this incident. On August 26, unknown persons cut the Freeport mine pipe at Mile 63 on the route. On August 28, a gun battle took place between Brimob personnel and an unknown group at Mile 41. Military and police personnel exchanged fire for about five to ten minutes at mile 42 — 42 along the main road connecting Timika and Tembagapura. The shooting was sparked by gunfire at a bus carrying workers from security post at mile 50 to Timika.
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The four-decade old Freeportmining complex has long been the source of protest among Papuans who have seen mine-related devastation of their environment and displacement of Papuans from their homes. Indonesian security forces paid by Freeport have regularly violated the human rights of local Papuans. |
On August 27 a Tempo Interactive report noted that Freeport would henceforth provide an armored vehicle accompaniment for convoys operating within the mine concession territory and that Freeport drivers would be provided with bullet proof vests and helmets. The Freeport action came in response to demands by drivers for better protection.
The August developments have added mystery to the tense environment surrounding the U.S.-based Freeport operation, the largest copper and gold mine in the world. The four-decade old mining complex has long been the source of protest among Papuans who have seen mine-related devastation
of their environment and displacement of Papuans from their homes. Indonesian security forces paid by Freeport have regularly violated the human rights of local Papuans.
The August attacks also raise a fundamental question of justice regarding those Papuans jailed for the July attacks. Charges against them in July appear to be refuted by the continuing attacks in August.
In late August, the TNI announced that 600 military personnel would take up security duties for the Freeport facility beginning September 2. Many analysts had speculated that the July-August shootings in the vicinity of the Freeport concession may have had the goal of creating instability with the ultimate intention of re-establishing TNI’s lead role for provision of security in the area, a role that had been highly lucrative for the TNI over several decades.
Amnesty Statement Decries Lack of Progress in Investigation of Murdered Peaceful Papuan Protester
An August 11 Public statement by Amnesty decried the failure of Indonesian officials to make progress in the investigation of the killing of Papuan protester Opinus Tabuni, one year after the incident. The statement noted that the absence of progress in the investigation underscored the continued lack of accountability in cases involving the lethal use of firearms by law enforcement officials.
Opinus Tabuni, aged 35, was part of a peaceful rally celebrating United Nations Indigenous People’s Day on 9 August 2008 in Wamena, West Papua. Also present was the Indonesian police and other security forces. At the end of the rally some members of the crowd raised the United Nations flag, the Indonesian flag, an SOS flag saying Papuan people are in danger and the banned ‘Morning Star’ flag, regarded by Indonesian authorities as a symbol of the Papuan separatist movement.
Low-Level Dialogue Between Papuans and Indonesian Government Officials
At an August 20 meeting between Papuan leaders and Indonesian government officials Papuans sought to explain Papuans’ continuing quest for independence in the face of years of inadequately implemented “special autonomy.”
Papuans urged the central government officials to cease simply “stigmatizing” Papuans as “separatists” and instead begin to seek out “the root of the problem.”
Papuans described the growing social gap between state officials and Papuans at the grassroots level since the implementation of special autonomy. One Papuan leader explained that “Special autonomy funds have been distributed to Papuans, but officials are the only ones who have benefited from them. We don’t know where the funds have gone to, but we can see that officials are getting richer, their homes are becoming more lavish and some own three private cars.”
The central government officials were mid-level officials included Home Ministry’s Sociopolitical Affairs Director General, Ahmad Tanribali Lamo, deputy at the Coordinating Ministry for Political, Legal and Security Affairs, Maj. Gen. Karseno, and director of conflict mitigation at the Sociopolitical Affairs Directorate General, Sr. Comr. Widiyanto. The officials pledged to convey the Papuans’ concerns to the Home Minister.
The meeting was an unusual, positive example of dialogue between the central government and Papuans. It represented at best a small step in the direction of the growing Papuan demand, backed by the community, for a senior level, ly mediated dialogue between the Indonesian Government and Papuans.
Call for End to Impunity in West Papua at Conference in Dili
At an conference in Dili to mark the tenth anniversary of Timor-Leste’s independence referendum from Indonesia, organizations from 18 countries called for an end to impunity for the perpetrators of the killings of Papuan political leaders and human rights activists. The more than 200 people from solidarity groups, including a majority of Timorese from civil society organizations, sought to develop proposals to address issues of concern in West Papua and elsewhere.
The conference highlighted the need for accountability for security forces involved in the killings of Papuan leaders and activists – including Arnold Ap, Opinus Tabuni and Theys Eluay. The participants urged a peaceful dialogue between the government of Indonesia and representatives of the people of Papua. The conferees also urged Jakarta to conduct a comprehensive evaluation of the implementation of Special Autonomy in Papua region and open its results to public. The conference also demanded the release of all Papuan political prisoners.
See also http://www.laohamutuk.org/solidarity/ConfStmt.htm
Addressing the Moribund ”Special Autonomy” Policy
An August 29-30 conference convened in West Papua to discuss growing instability and protest in West Papua. At the conference Yusak Yaluwo, a West Papua District chief who led President Susilo Bambang Yudhoyono’s campaign team in Papua for the July presidential election urged the government to pay more attention to West Papua where he said conditions were becoming “more and more precarious.”
Yaluwo noted that for Papuans “special autonomy” has not improved economic livelihood, health and education, because a large portion of the program’s funding had gone into the pockets of local elites and the bureaucracy, He added that “special autonomy” had generated a “growing social disparity between elites and the common people at grassroots levels.,” He concluded that secessionism remained because poverty and marginalization were still major issues. Yaluwo urged President Susilo Bambang Yudhoyono form a joint board, composed of representatives of the central government, the two provincial administrations, churches, civil society groups and informal leaders from the Papuan Customary Council (DAP). He proposed that the board over a five year period would seek to “revitalize” special autonomy and evaluate the special autonomy program each year with a focus on “obstacles in its implementation.”
He said government representatives on the board would provide feedback to the central government and provincial administrations on what should be done. Yusak also urged provincial authorities to speed up the issuance of special and provincial bylaws to boost development in all sectors in the two provinces.
Meanwhile, Reverend Neles Tebay, a senior official of the Jayapura Archdiocese, spoke against the proposed board noting that West Papua did not lack institutions or agencies and that the key problem was that the government had no political commitment to special autonomy in Papua. “Funding is not the only factor. The government has not shown political commitment to issuing special and provincial bylaws to bring about special autonomy,” he said. No grand designs have been made on what should be achieved in the short, middle and long terms under special autonomy. With the lack of supervision, local elites have been free to enrich themselves and their groups, he said.
Prominent NGO’s Join Forces to Protect “Bird’s Head” Region
Conservation -Indonesia, The Nature Conservancy and WWF-Indonesia have joined forces to establish a “joint-secretariat” for the “Bird’s Head Seascape.” The collaboration is meant to protect a region which spans the area from Cenderawasih Bay in the east, Raja Ampat in the west to Fakfak in the south. According to a recent study by Conservation Indonesia, the area has 1,511 species of fish and 600 types of reefs and newly discovered endemic reefs.
For many years reefs and fish populations in Papuan waters have been severely damaged by unlicensed fishing operations which operate despite or in collusion with Indonesian security forces in the area charged with protecting those waters.
West Papua Report
August 2009
This is the 63rd 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.
Summary:
The West Papua Advocacy Team was among the many international organizations which called for justice regarding violence which took the lives of three people in the area of the Freeport gold and copper mine in West Papua in July. A WPAT statement warned that in past violent episodes associated with Freeport, the role of the military was ignored despite evidence of its involvement. The statement also noted that in the past such Freeport incidents have led to retribution and injustice meted out against innocent Papuans. Papuan church leaders have called for an end to the persecution of innocent Papuans in the Timika area by Indonesian security forces. More than 50 U.S. non-governmental organizations urged the U.S. government not to begin training programs or other assistance benefiting Indonesian special forces (Kopassus). In making the case for continued prohibitions on such cooperation, the organizations noted in particular Kopassus’s long record of abuse and impunity in West Papua. International criticism over the arrests and prosecution of Papuans in Nabire continued to grow. Human Rights Watch issued an appeal calling for an end to the prosecution of political prisoners in West Papua. Papuans have launched a legal suit against the Indonesian government over its collusion with the giant mining firm PT Freeport which has caused enormous damage to Papuan lives and land. Statistics released by the Indonesian government underscore that Papuans continue to endure poverty at disproportionate numbers relative to migrants and transmigrants. Indonesia continues to seek international respect in the area of human rights protection but at the same time continues to persecute peaceful demonstrators, especially those who display the banned “morning star flag.”
Contents
- West Papua Advocacy Team Issues Statement Regarding Recent Freeport Violence
- 33 Papuan Churches Express Dismay Over Rising Intimidation, Terror and Arrests Targeting Innocent Civilians
- Scores of U.S. Organizations Call on U.S. Not to Cooperate with or Assist Indonesian Special Forces
- Indonesian Authorities Try 16 Papuans for Peacefully Demonstrating
- Human Rights Watch Calls For Respect for Freedom of Speech, Release of Political Prisoners
- Papuans Sue the Indonesian Government and Minister Bakrie over Freeport
- Poverty among Native Papuans Increases
- Indonesia Bids for International Respect in Respect of Human Rights Falls Flat
West Papua Advocacy Team Issues Statement Regarding Freeport Violence
In the course of ongoing violence at the Freeport McMoRan mining concession in Timika, West Papua, three people have died, including an Australian Freeport employee. Six separate ambushes have taken place since shootings began on July 11.
A race to find scapegoats appears underway. Indonesian authorities have arrested as many as 20 individuals. Trusted sources informed the West Papua Advocacy Team that these detainees have been interrogated without the presence of their lawyers and at least one, an elderly man, was beaten by security personnel. Police sweeps in the area have placed a heavy burden on villagers in Kwamki Lama, Kwamki Baru and other area villages as civilians are too fearful to venture out to their gardens which are their principal source of food. Even though security officials have detained local people and conducted sweeps the attacks continued.
The July incidents were just the latest chapter in the Freeport story in West Papua, a saga of violence, human rights violations and internationally condemned environmental destruction. For decades, in numerous well-documented cases, the Indonesian security forces and Freeport’s own security personnel, have intimidated and repressed local Papuans through extrajudicial killings, torture, rape and other forms of violence and terror.
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Initial Indonesian police reports indicate that those responsible for the recent attacks were “expert” shooters using weapons commonly found in military and police arsenals. Similar statements were made in 2002… |
Indonesian security forces have long exploited the weakness of the Indonesian judicial system to avoid prosecution for criminal activity, including violations of human rights. Nowhere is this more true than in West Papua where the culture of repression lives on beyond former Army General and dictator Suharto’s 32-year rule, which ended formally in 1998. The principal victims have been ordinary Papuans, notably those living in the area of the giant Freeport McMoRan mining concession. Indonesian officials and the international community must act to ensure that the people of West Papua are not victimized yet again.
Initial Indonesian police reports indicate that those responsible for the recent attacks were “expert” shooters using weapons commonly found in military and police arsenals. Similar statements were made in 2002, when one Indonesian and two U.S. schoolteachers were killed on the same road. Ballistic evidence and eye-witness testimony pointed to an Indonesian military role in that ambush, but the Bush Administration and Indonesian officials, including recently re-elected President Susilo Bambang Yudhoyono, orchestrated a cover-up. An FBI investigation into the 2002 attack is still technically open. Recent history raises grave concerns about finding the truth about this latest incident. The military has joined the investigation into the latest attacks, making it likely the investigation will again fail to explore evidentiary lines leading to the Indonesian military. Senior military figures have already declared, without evidence, that the armed Papuan resistance (OPM) is responsible for the shootings, strongly suggesting at in 2002, a prejudiced investigation and prosecution. The Police commander in West Papua has stated he sees no evidence of OPM involvement and the OPM has denied any role.
The West Papua Advocacy Team, July 23, publicly called for the following:
- the investigation of this incident must be transparent;
- the media and independent human rights investigators should be given access to West Papua and specifically the Freeport Concession;
- security forces which have long operated with impunity must be held accountable if evidence emerges implicating them.
- in the wake of this tragedy, the Papuan people must not again be subjected to retaliatory military/police action in the form of “sweeps” targeting innocent villagers in the area;
- the U.S. government and the international community must reject a military takeover of the investigation as well as efforts to stonewall independent investigators as happened in 2002;
- the U.S. should monitor developments closely to ensure that Indonesian forces do not use U.S. equipment in retaliatory “sweep” operations targeting innocent Papuan civilians as in the past (such sweeps, unrelated to the Freeport incidents, reportedly are already underway);
- and the Obama administration should focus renewed attention on an open FBI investigation into the killing of the two U.S. schoolteachers in 2002, following up on published accounts of military involvement in those murders.
33 Papuan Churches Express Dismay Over “Rising Intimidation, Terror and Arrests” Targeting Innocent Civilians
In a July 28 statement the leaders of 33 Papuan churches, members of the “Alliance of Churches in the Land of Papua,” issued the following statement (translated by TAPOL):”
1. All the security forces must immediately end the intimidation, terror and arrests that are now affecting the innocent civilian inhabitants of Timika as well as acts of violence being perpetrated against the people in the Land of Papua.
2. The National Human Rights Commission, Komnas HAM, should immediately set up an independent commission to identify those who are behind all the acts of violence that have occurred in Timika and throughout the Land of Papua, not one of which has been dealt with up to the present day.
3. We call upon the chief of police of Papua to immediately reveal the mastermind behind these acts along with all those who have been responsible for the use of gunfire in Timika.
4. The Papuan Legislative Assembly (DPRP) should summon the Governor of the Province of Papua, the Majelis Rakyat Papua (MRP, Papuan Peoples Council), the chief of police of Papua and the military commander of Cenderawasih military command XVII, to explain all the acts of violence that have occurred in Timika and throughout the Land of Papua.
5. We call upon the community in Mimika and throughout the Land of Papua to remain calm in face of the tragic events which continue to occur up to the present day.
6. The leaders of the Churches in the Land of Papua call upon the central government to immediate enter into a National Dialogue with the Papuan people in order to resolve all the problems in the Land of Papua, with dignity, justice and humanity, which should be mediated by a neutral third party.
7. The Alliance of Churches in the Land of Papua remain firmly committed and resolute in their struggle for the rights of their God-fearing people, in accordance with the teachings of Jesus Christ.
This is our statement of concern, expressing the commitment of all religions in the Land of Papua.
Scores of U.S. Organizations Call on U.S. Not to Cooperate with or Assist Indonesian Special Forces
A July 23 statement signed by more than 50 U.S. organizations urged the U.S. government to “strictly prohibit any U.S. cooperation with or assistance to the Indonesian Special Forces (Kopassus).” The letter, addressed to President Obama, Secretary of State Hillary Clinton and members of Congress, was coordinated by the East Timor and Indonesia ActionNetwork (ETAN).
The letter, signed by human rights, religious, peace and other groups, states, gave special attention to Kopassus’s Papuan victims. It noted that a recent Human Rights Watch reportdocumented how Kopassus soldiers “arrest Papuans without legal authority, and beat and mistreat those they take back to their barracks.” (See an account of this HRW report in theJuly West Papua Report.)
Kopassus’s rein of terror in West Papua is not disputed. Kopassus forces, under the command of then General Prabowo, in 1996 were in charge of negotiations aimed at freeing a team of international naturalists kidnapped by the Papuan resistance. Kopassus’s botched effort led to an attack on a village and then months of “sweep” operations which displaced thousands of Papuan villagers and deaths of hundreds (the “Mapenduma campaign”).
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Kopassus’s rein of terror in West Papua is not disputed. |
The kidnap victims eventually broke free of their captors and all but one found their way to safety. In 2001 Kopassus personnel murdered leading Papuan spokesperson Theys Eluay. The Indonesian court, although describing the killing as a “torture-murder,” sentenced the Kopassus killers only to three and one half years imprisonment. Eluay’s driver who was last seen with Kopassus personnel has never been seen again. There was no investigation or prosecution of this disappearance.
The text of the July 23 with a complete list of signatures can be found at http://www.etan.org/news/2009/07kopassus.htm.
Indonesian Try 16 Papuans for Peacefully Demonstrating
Indonesian has continued the prosecution of 16 Papuans in Nabire. The 16, including mostly students and farmers who are members of the pro-independence “West Papua National Committee,” face charges of treason or subversion (makar),
Article 106 of the Indonesian Criminal Code. If convicted they face up to twenty years imprisonment. The group was arrested following April 6 demonstrations in Nabire.
International human rights organizations have been critical of Indonesia for maintaining Article 106 in its Criminal Code. The law, which dates to Indonesia’s colonial period and was extensively used during the rule of the dictator Suharto violates Indonesia’s obligations to protect freedom of speech and the right to assembly (see discussion of this point in recent Human Rights Watch release below). In a July 24 statement, Carmel Budiardjo of TAPOL observed: “If Indonesia wants to be accepted worldwide as a country that respects basic human rights, it should stop leveling charges of makar against people involved in peaceful acts of expression in Papua, Maluku or anywhere else.”
Human Rights Watch Calls For Respect for Freedom of Speech, Release of Political Prisoners
In a July 21 release Human Rights Watch called on Indonesian President Susilo Bambang Yudhoyono to give meaning to his stated support for differing political viewpoints by “dropping politically motivated criminal charges against activists from Papua province and ordering their release.” HRW also renewed its call for the Indonesian government to remove “archaic legal provisions that criminalize peaceful freedom of expression” (Article 106 of the Indonesian Criminal Code). Elaine Pearson, deputy Asia director at Human Rights Watch added, ”Papua officials should stop using the criminal law for political purposes.” HRW pointed out that the government has made wide use of this vague ’catch-all’ offense, which contains extremely broad language and is punishable by up to life imprisonment, rather than prosecuting specific offenses, such as weapons possession, kidnapping, or murder.”
The HRW statement summarized the essential details of the April 6 incident in Nabire resulting in the arrest of 16 Papuans who currently are facing charges of treason/subversion under Article 106 (see above article). HRW noted that “at 3:30 a.m. on April 6, in an effort to stop a peaceful rally, police in Nabire attacked and burned a camp site where students and farmers who planned to protest had gathered. In the melee that ensued, students threw stones and vandalized a police vehicle. Protesters tried to storm trucks carrying heavily armed Mobile Brigade officers, who responded with gunfire. Further enraged, the demonstrators began pelting police with projectiles and firing arrows. Dozens of demonstrators were wounded by the gunfire, four of them seriously, including a 10-year-old boy. One policeman was wounded by an arrow. There has been no investigation into the acts of violence, and no specific charges relating to the violence have been brought against anyone, including members of the police.”
The HRW release further noted that one of the 16, a housewife was not even present at the demonstration, but had a symbol of Papuan independence, the outlawed Morning Star flag, stitched to her bag. Police reportedly arrested the woman in a market near the demonstration and beat her with a rifle butt and a shoe then failed to provide her any medical assistance. Past President Abdurrahman Wahid once called the Morning Star flag a cultural symbol, and in 1999 and 2000 allowed the flag to be flown on the condition that it was raised alongside and lower than the Indonesian flag. Under the 2001 Papuan Special Autonomy Law, symbols of Papuan identity such as a flag or song are permitted, but Article 6 of Government Regulation 77/2007, prohibits the display of the Morning Star flag in Papua, the South Maluku Republic flag in Ambon, and the Crescent Moon flag in Aceh.
There is a long history of suppression of peaceful activism in Papua. The offense of treason or rebellion is often invoked against persons alleged to have shown support for the armed separatist group, Organisasi Papuan Merdeka (Free Papua Organization or OPM) (see for example, http://www.hrw.org/en/reports/2007/02/20/protest-and-punishment ).
HRW charged that President Yudhoyono’s administration “has intensified suppression of peaceful political activism in Papua. His government has stepped up the use of ’hatred sowing’articles interpreting peaceful acts of protest and flag-raising as ’showing hatred’ toward government officials, state institutions, religious symbols, and state symbols – particularly in Papua and the Moluccas where there are separatist movements. More than 170 people are currently in jail throughout Indonesia for trying to exercise freedom of expression, 43 of them in Papua.”
Papuans Sue the Indonesian Government and Minister Bakrie over Freeport
The Amungme Tribal Council (LEMASA) has filed a lawsuit against the Indonesian Government, Coordinating Welfare Minister Aburizal Bakrie, who owns a 9 percent stake in the Freeport gold and copper mine, and PT Freeport, the Indonesian subsidiary of the U.S.-based multinational operator of the mine, which has been exploiting natural resources on Amungme customary lands for the past four decades without the consent of Amungme traditional landowners. That exploitation has entailed extensive environmental damage including the destruction of the Ajkwa river system, which has been used as a dumping area for hundreds of millions of tons of mine waste. For years, acid mine drainage has seeped into ground water damaging the health of local people, according to local medical officials’ conversations with U.S. Embassy personnel in the 1990s.
Indeed, in 2006, Norway’s Ministry of Finance divested the government’s pension fund of all Freeport stock holdings based on the finding by Norway’s Council of Ethics for the Government Pension Fund — Global that Freeport’s dumping of toxic mine waste into local river systems has caused environmental damage that is “extensive, long-term and irreversible,” with “considerable negative consequences for the indigenous peoples residing in the area.” The Ministry further divested the government pension fund of all Rio Tinto stock in 2008 because of Rio Tinto’s major stake in Freeport’s Papua mining operation.
The Norwegian government’s findings mirror those of the U.S. Overseas Private Investment Corporation, which revoked Freeport’s $100 million political risk insurance in 1995, citing the damage caused by Freeport’s river disposal of waste and concluding that the company’s environmental impact was in violation of US regulations. OPIC stated that the mine had”created and continues to pose unreasonable or major environmental, health or safety hazards with respect to the rivers that are being impacted by the tailings, the surrounding terrestrial ecosystem, and the local inhabitants.”
Based on the findings of U.N. human rights bodies and other credible, independent sources, Indonesian military forces, operating purportedly to ensure Freeport’s security, have brutalized the local population for decades. Freeport has recruited thousands of non-Papuans to work at the mine leading to the rapid growth of the service town of Timika which is home to a military-run prostitution network, drug trafficking and other criminal activity, including illegal trade in endangered species.
In 1996, an initial effort by the Amungme to sue Freeport in the U.S. federal and Louisiana court systems eventually failed due in part to legal technicalities and in part to Indonesian government action to prevent the Amungme’s American citizen lawyer from gaining access to West Papua to consult with his Amungme clients.
Tapol offers the following additional background in a recent (excerpted) release:
The Amungme people who are the traditional owners of 2.6 million hectares of land much of which is now occupied by the mining company, have enjoyed none of the economic benefits derived from their precious natural resources, but have instead lived in poverty just like all the West Papuan people whose land was incorporated into the Indonesian state by fraudulent means in 1969.
The lawsuit was registered with a court in South Jakarta on 27 May and the first hearing is expected to open on 6 August.
Even before West Papua was formally incorporated as part of Indonesia, the dictator Suharto, who held the reins of power at the head of the Indonesian military for more than thirty years, granted a concession to Freeport in 1967 to exploit the copper and gold of Papua, riding roughshod over the rights of the Papuan people. The Indonesian Government now has a 9.36 percent stake in Freeport while the Bakrie corporation holds a 9.36 percent stake in a subsidiary of the mining giant, PT Freeport McMoran.
For many years Freeport has been the largest taxpayer to the Indonesian state while earning huge profits for itself.
In a new deal with Freeport following the discovery of more copper and gold reserves in the 1980s, the company was granted the right to operate the mine for up to fifty years.
The Amungme Trial Council estimates that in the three decades up to 2009, it has suffered loses amounting to no less than $30 billion while the company is estimated to be earning around $20 million a day from its mining operations.
However, a four-year research project conducted in West Papua by the Indonesian Academy of Sciences, LIPI, concluded that economic circumstances have seriously impaired the chances of Papuan children receiving a decent education ”because parents are too poor to pay for their children to go to school.” It also found that health facilities were far from adequate with diseases such as malaria, tuberculosis and respiratory disorders taking a heavy toll in Papuan lives.
TAPOL believes that as long as these conflicts and problems are allowed to drag on, Papuan people, especially those living in the vicinity of the company whose land is now occupied by Freeport, will continue to live in poverty and deprivation and suffer the consequences of violence that has been a constant feature of life in Papua.
TAPOL calls on Papua solidarity organizations around the world to join its efforts to support the legitimate demands of the Amungme people.
Poverty among Native Papuans Increases
Figures released by the Indonesian Bureau of Statistics in July make clear that the number of people living in poverty in West Papua. In March 2009 the number of people living in poverty was 256,840, most of whom are people living in small villages.
This was an increase over 2008 when the figure was 237,020. By contrast the number of people living in poverty in the towns had gone down from 9,480 in 2008 to 8,550 in 2009.
Tapol, in a release that cited these statistics underscored their significance in the context of continuing tensions and ongoing violence associated with the Freeport McMoran mine:
The stark difference in the level of poverty between the towns and the interior almost certainly reflects the far better economic circumstances of town dwellers so many of whom are migrants from Indonesia and who largely control business and occupy many of the better-paid posts in the administration.
These figures draw attention yet again to the fact that Papuans enjoy so little benefit from the abundant resources now being exploited by foreign companies like Freeport and BP. Freeport alone has paid huge sums of money in taxes and revenues annually to Jakarta since it won the concession to mine Papua’s gold and copper in 1967.
Indonesia Bid for International Respect in Respect of Human Rights Falls Flat
In July at the Association of South East Asian Nations ministerial meeting in Phuket, Thailand, the Indonesian government urged the establishment of a regional Intergovernmental Commission on Human Rights. In recent years, Indonesia has taken several steps intended to demonstrate its desire to conform to basic human rights practices observed by the international community. In 2006 it ratified the International Covenant on Civil and Political Rights, and in the same year became a member of the United Nations Human Rights Council.
Notwithstanding these actions, the Indonesian government continues to flout fundamental human rights principles particularly with regard to freedom of speech and the right of assembly. A 2007 law, for example, criminalizes display of the Papuan “morning star” flag, removing a right specifically validated by former Indonesian president Abdurrahman Wahid for the flag’s display so long as it was flown in conjunction with the Indonesian flag. For Papuans, the flag, first flown in independent West Papua in 1962 has cultural as well as politicalsignificance as a symbol that is universally recognized among Papuans hundreds of separate tribes.
Since 2007 Indonesian authorities have repeatedly arrested and charged Papuans for any display of the morning star flag as tantamount to treason or sedition. In April, a housewife was arrested and now faces trial because her pocketbook bore a morning star flag symbol. Notwithstanding, and perhaps because of this persecution for peaceful display of the flag, incidents of flag display, almost always conducted peacefully, are on the increase including at least six such incidents in July.
The resulting crackdown by authorities, sometimes involving security force violence and invariably resulting in arrests and prosecutions have expanded. The burgeoning docket of court cases has led to a shortage of lawyers to represent Papuans targeted by the 2007 law. (Note to readers: The highly respected Indonesian NGO KontraS is seeking funds to support lawyers urgently needed to defend Papuans in ongoing, widespread detentions and arrests in West Papua.)
Indonesian prosecution of these peaceful demonstrations and denial of the rights of freedom of speech and of assembly as set forth in the Universal Declaration of Human Rights(articles 19 and 20) and the International Covenant on Civil and Political Rights, (Articles 19 and 21) as well as continued repression of rights of minorities such as Papuans, religious minorities and human rights advocates who continue to suffer at the hands of an unreformed and unaccountable military and police or security-force backed militias render its posturing on the world stage regarding human rights as hypocritical.
West Papua Report
July 2009
This is the 62nd 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.
Summary:
WPAT’s annual “John Rumbiak Human Rights Defender’s Award for 2009 has been awarded to the East Timor and Indonesia Action Network (ETAN) and its National Coordinator John M. Miller. Despite the remoteness of the area and Indonesian restrictions on access, reports are emerging of a new “sweep” operation in Puncak Jaya which has already led to mass civilian displacement and some civilian deaths. U.S. Representative Eni Faleomavaega has at the last minute pulled language from a key House of Representatives Bill. The language would have required State Department reporting to Congress about West Papua. Human Rights Watch in June issued two compelling reports: one on continued human rights violations in West Papua by Indonesia’s “Special Forces’ (KOPASSUS) and one on prisoner abuse in West Papua.Freeport shareholders fail in a vote to get an Environmentalist on the Freeport board but collect a significant percentage of shareholder votes. A new report implicates President Susilo Bambang Yudhoyono and U.S. officials in a miscarriage of justice concerning the 2002 murder and wounding of U.S. and Indonesian citizens at Timika in West Papua. An academic reviews the historic-diplomatic connection between West Papua and Africa. Indonesian academics have echoed calls by Papuans for several years for a Jakarta-Papuan dialogue.
Contents
- The East Timor and Indonesia Action Network and Its National Coordinator John M. Miller Are Awarded the John Rumbiak Human Rights Defender Award for 2009
- Concerns about security sweep in Puncak Jaya, West Papua
- A Security Force “Sweep” Operation in Papuan Central Highlands Causes Deaths and Mass Displacement of Civilians
- U.S. House of Representatives Supports Call for President Obama and State Department to Report on Conditions in West Papua, But Sponsor Pulls Language at Last Minute
- Human Rights Watch Reports on Prisoner Abuse in West Papua
- Human Right Watch Also Report on Indonesian Military Special Forces Human Rights Abuse in West Papua; Appeals for End to Foreign Military Training of the Force
- Freeport Shareholders Fail in Effort to Put Environmental Expert on Freeport Board
- Indonesia President Yudhoyono Covered Up Ambush Murder of U.S. Citizens
- The Papuan-African Connection (an historical essay)
- Indonesian Academics Echo Papuan Calls for A Papuan-Jakarta Dialogue
John Rumbiak Human Rights Defenders Award for 2009 Awarded to ETAN and John M. Miller
The John Rumbiak Human Rights Defenders Award for 2009 award is presented to the East Timor and Indonesia Action Network and its National Coordinator John M. Miller. ETAN is a leading U.S. NGO working on behalf of human rights in East Timor and Indonesia. In recent years, reacting to the significant deterioration in the human rights environment in West Papua ETAN has been especially active in opposing the U.S. Government’s open-ended assistance to the Indonesian military, the TNI, and to the militarized police, BRIMOB, which are the leading human rights abusers in West Papua and the rest of the Indonesian archipelago.
ETAN also opposes any restoration of U.S. assistance to the Indonesian Special Forces (KOPASSUS). John M. Miller, has been a key leader in these efforts.
The West Papua Advocacy Team created the John Rumbiak Human Rights Defenders Award in 2008. The award is given annually to the individual or institution that has contributed most substantially to protection of human rights in West Papua. The award honors John Rumbiak, a Papuan who, until suffering a debilitating stroke in 2005, was a leading voice in the defense of Papuan human rights. He founded the West Papua Advocacy Team. His courageous devotion to the cause of human rights defense, the non-violent assertion of political rights and demands for justice, including accountability for human rights violators, has inspired not only Papuans but individuals and organizations widely in the international community. The award includes a $500 stipend and a plaque which honors the winner. The 2008 awardee was Tapol’s Carmel Budiardjo.
Concerns about security sweep in Puncak Jaya, West Papua
On June 22, WPAT issued the following statement:
Disturbing information has reached WPAT from a variety of sources of a very serious situation now transpiring in Puncak Jaya, West Papua. A “sweep operation,’ reportedly carried out by Indonesia’s mobilized police or “Brimob,” has killed several Papuans and led to the death of others. People’s homes have been raided and burned and farm animals killed. Hundreds of Papuans have been forced from homes and have sought refuge in surrounding forests where some have already died due to a lack of food, shelter and access to medical care. Reportedly, seven young girls were taken hostage and raped. At least five villages are believed affected, but the military has also raided houses in Mulia, the Puncak Jaya district capital.
“Security” operations have been conduced in the Puncak Jaya district since April of this year though it appears these operations have broadened and become more violent since then.
In recent years similar “sweeps” conducted by the military, also lasting for months, have led to the death of hundreds of civilians displaced by the operations.
According to our information, West Papuans are falling victim to rivalries among several different security forces of the army and the police in the area. They are deliberately provoking local resistance groups to engage in armed activities, perhaps as a way to ensure that the security forces continue to be well funded. This contradicts the decision by all West Papuan resistance groups to refrain from acts of violence and to focus on seeking dialogue with the authorities in Jakarta. The groups believe that this is the best way of reaching a solution to the many West Papuan grievances accumulated since their unlawful, coerced integration within the Indonesian Republic in 1969.
It is difficult to get a clear picture of recent events because of long-standing restrictions on travel to and within West Papua imposed by the Indonesian government and security forces as part of their occupation strategy.
We urge the U.S. Government and the international community to demand the following:
- an immediate cessation of the ongoing operations in the central highlands;
- full access to the affected region by Indonesian and international humanitarian and human rights organizations to assist the besieged civilian population, as well as by journalists;
- and an investigation by the Indonesian Human Rights Commission (Komnas Ham) to determine who authorized and is leading the current operation.
Update: After the release of the above statement WPAT learned that in addition to the many civilians displaced who fled to nearby forests, some also have sought refuge in the towns of Ilu and Mulia. Unconfirmed reports indicate that Indonesian security forces have destroyed at least on church and occupied one other, using it as a command center.
U.S. House of Representatives Supports Call for President Obama and State Department to Report on Conditions in West Papua, But Sponsor Pulls Language at Last Minute
ETAN and West Papua Advocacy Team (WPAT) expressed disappointment that between the vote of the full House Foreign Relations Committee and its passage by the full House of Representatives, a provision concerning West Papua was removed.
“A greater understanding of the current human rights and governance situations in West Papua and a fuller understanding of the effects of West Papua’s incorporation into Indonesia are certainly needed internationally and within Indonesia,” they said.
The deleted provision would have required for two reports to Congress from the U.S. State Department: A “report on the 1969 Act of Free Choice, the current political status of West Papua, and the extent to which the Government of Indonesia has implemented and included the leadership and the people of West Papua in the development and administration of Special Autonomy.” The second report is to describe “the extent to which the Government of Indonesia has certified that it has halted human rights abuses in West Papua.”
The removed text can be found at here: http://etan.org/news/2009/06house.htm#text.
Human Rights Watch Exposes Abuse of Prisoners in West Papua
Human Rights Watch has issued a report regarding abuse of prisoners in the Abepura Prison in West Papua. Its June 5 report, “Indonesia: Stop Prison Brutality in Papua,” called on the Indonesian Government to “investigate and hold accountable abusive guards and officials at the Abepura prison in Papua.” According to the report, “sources report that torture, beatings, and mistreatment by guards are rampant.” HRW also noted that among the approximately 230 prisoners at the facility, “more than a dozen are imprisoned for peaceful political acts.”
The report noted:
“How can the government turn a blind eye to beatings and torture in one of its prisons?” said Brad Adams, Asia director at Human Rights Watch. ”Jakarta needs to put an end to this disgraceful behavior, punish those responsible, and start keeping a close eye on what is happening there.”
Human Rights Watch has received reports of more than two dozen cases of beatings and physical abuse since Anthonius Ayorbaba, a Papuan civil servant who previously worked in the Jayapura office of the Ministry of Law and Human Rights, became the prison warden in August 2008. As prison warden, Ayorbaba is the most senior prison official in Abepura. The administration of prisons falls under the Ministry of Law and Human Rights.
Human Rights Watch said that the Indonesian government should replace the prison administration and open the prison to international monitoring. Foreign human rights monitors and foreign journalists require special police permission to enter Papua province and are unable to carry out independent research there. Human Rights Watch also urged President Susilo Bambang Yudhoyono to set up an independent team to investigate abuses in Abepura prison.
HRW made clear that the abuse was not simply a matter of one errant warden at one facility:
“The Indonesian government needs to replace the Abepura prison management,” said Adams. ”But this is not just a failure of one prison warden. It’s a failure of Jakarta to set proper standards and enforce them.”
In March, the Indonesian Foreign Ministry ordered the International Committee of the Red Cross (ICRC) to close its field offices in Jayapura and Banda Aceh. The ICRC ran sanitation projects in Papua and also visited detainees, including political prisoners, in Abepura prison. Indonesian Foreign Ministry spokesperson Teuku Faizasyah denied that the closure had anything to do with the ICRC’s visits to Papuan prisons, including Abepura, saying that it was merely a regulatory measure.
Human Rights Watch said that international monitors such as the ICRC and independent human rights groups should be able to visit prisoners in Abepura to investigate reports of abuse, given the ministry does not appear to be protecting the interests of prisoners or responding to grievances.
“These prisoners have exhausted all avenues to fight for their rights, but officials refuse to listen,” said Adams. “Given the scale of abuses, the Indonesian government should open Papuan prisons to international monitoring.”
Human Rights Watch Finds Special Forces (KOPASSUS) in West Papua; Appeals to Government to Forego Assistance To the Forces Absent Real Reform
On June 24, Human Rights Watch issued a detailed report on continuing human rights violations and other extra legal activites by the Indonesian Special Forces (KOPASSUS) in West Papua. The report contained over twenty interviews with victims and victim family members as well as witnesses of abuse ranging from beatings to torture. Incidents of abuse covered a period from August of 2007 to as recent as May 2009. As HRW made clear, KOPASSUS personnel, as during the Suharto dictatorship, enjoy broad impunity for their actions. The report also contained a direct appeal to those foreign government who either assist or are contemplating assisting this notorious organization:
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KOPASSUS personnel, as during the Suharto dictatorship, enjoy broad impunity for their actions. The report also contained a direct appeal to those foreign government who either assist or are contemplating assisting this notorious organization. |
Human Rights Watch urged the United States, United Kingdom, and Australia to withhold training from Kopassus until serious efforts are made to investigate and hold abusive soldiers accountable ”Foreign governments concerned about human rights should insist on a clear political commitment to reform, which includes holding abusive soldiers accountable, before offering the seal of approval of formal relations with Kopassus,” said Brad Adams, Asia director at Human Rights Watch. ”Training will go in one ear and out the other if the government does not make it clear to Kopassus that it will have zero tolerance for abuses by its soldiers.”
In the wake of the report, Australian media editorialized for an to end military to military ties to Kopassus. TAPOL called on the U.K. government to end cooperation with KOPASSUS.
Indonesian authorities have responded contemptuously to the report, suggesting that the highly regarded U.S.-based human rights organization “eat” its report. The senior commander of KOPASSUS, General Pramono Edhie Wibowo, is the brother-in-law of Indonesian President Susilo Bambang Yudhoyono.
The report is all the more remarkable given the restrictions imposed on access to West Papua by human rights reporters, journalists, foreign parliamentarians and others, and the threats and intimidation meted out by security forces to Indonesians attempting to monitor human rights developments there.
(see http://www.hrw.org/en/reports/2009/06/24/what-did-i-do-wrong for full text of the report)
Indonesia President Yudhoyono Covered Up Ambush Murder of U.S. Citizens
Previously secret U.S. State Department documents implicate the President of Indonesia in covering-up the ambush murder of U.S. citizens in Timika, West Papua. The documents show Susilo Bambang Yudhoyono, who is running for reelection on July 8, maneuvering behind the scenes to manage the investigation into the August 2002 murder of three teachers–one Indonesian and two U.S. citizens.
“The documents reveal that Yudhoyono initially stalled attempts by the FBI to launch an independent investigation,” said Eben Kirksey, a regional specialist and WPAT member. These stalling tactics let the Indonesian military cover their tracks. Before the FBI investigators arrived in the field, Indonesian military agents systematically intimidated witnesses and tampered with material evidence.
“The FBI investigation proceeded within a narrow framework that fit the Bush administration agenda in the Global War on Terror,” continued he continued. “The Special Agents found a fall man, while tiptoeing around evidence connecting their man to the Indonesian military.”
Antonius Wamang, an ethnic Papuan, was indicted by a U.S. grand jury for his role in the attack. He was apprehended in 2006 by the FBI and sentenced to life in Indonesian prison. Wamang had extensive ties to the Indonesian military, according to a peer-reviewed article, Criminal Collaborations, co-authored by Dr. Kirksey and Andreas Harsono, an Indonesian investigative reporter.
The declassified documents disclosed today were obtained through a Freedom of Information Act Request (FOIA) by Dr. Bradley Simpson of the National Security Archive. The State Department found 62 documents relevant to the Timika murders. They released only two of these documents in full and 20 others “with excisions.” The rest were withheld. The FBI did not release any documents, writing: No records responsive to your FOIA request were located by a search of the automated indices. The FBI is notorious for not complying with Freedom of Information Act requests.
“The documents reveal evidence of a cover-up,” said Dr. Kirksey. “The fact that many relevant documents were not released is more evidence of the same.”
Selections from the declassified State Department documents were published on-line in seven distinct sections: http://etan.org/news/2009/06Timika.htm
Freeport Shareholders Demonstrate Unprecedentedly High Concern about Freeport’s Environmental Policies
A June 11 article in the The Arizona Republic reported that a shareholder proposal requiring Freeport-McMoRan Copper & Gold Inc.’s board of directors to include at least one member with experience in environmental matters failed at the mining company’s June 11 annual meeting. The proposal contended that persistent criticism of Freeport’s methods for disposing [[of]] mining byproducts at its Grasberg copper and gold mine in Indonesia have hurt shareholders. The resolution was filed by New York City’s Pension Funds, General Board of Pension and Health Benefits of the United Methodist Church, Stichting Pensioenfonds ABP in the Netherlands, and several Swedish national pension funds.
Freeport’s board urged shareholders to vote against the proposal, arguing that the requirement would hinder the company’s ability to attract the most qualified directors. Of the 66% of ballots tallied, a reported 33 percent of shareholders voted in favor of the proposal and two percent abstained.
This shareholder resolution received a far greater “yes” vote than any previous resolution focusing on environmental or human rights concerns. The one-third total is extremely high for any shareholder resolution before any company, bearing in mind that management/directors control the majority of shares.
In June 2006, the Norwegian government made international headlines when it announced its decision to exclude Freeport McMoRan Copper & Gold, Inc., stock from its U.S. multi-billion-dollar pension fund. This decision was based on a judgment by Norway’s Council on Ethics for the Government Pension Fund Global that Freeport’s dumping of toxic mine waste into local river systems has caused environmental damage that is “extensive, long-term and irreversible,” with “considerable negative consequences for the indigenous peoples residing in the area.” In September 2008, the Norwegian Ministry of Finance announced its divestment from Norway’s government pension fund of Rio Tinto PLC, stating that the government won’t invest in the company again because of concerns over environmental damage at the Freeport mine in West Papua. Rio Tinto holds a 40 percent stake in Freeport’s Grasberg operations. Finance Minister Kristin Halvorsen said that the mining operation was causing “severe environmental damage” and that the fund’s Council on Ethics had determined that Rio Tinto was directly involved through its participation in the mine. “There are no indications to the effect that the company’s practices will be changed in future,” Halvorsen said. “The Fund cannot hold ownership interests in such a company.
The Papuan-African Connection
“Many, many times you have heard about us from the Dutch and Indonesians, without having known us. Now we will take the floor ourselves. We are living in the Pacific, our people are called Papuans, our ethnic origin is the Negroid Race? We do not want to be slaves any more.”
– Voice of the Negroids of the Pacific to the Negroids Throughout the World, 1962
The language has changed, but the appeal remains the same. The dark-skinned, curly-haired Melanesian people of West Papua have long sought support from Africa and the African diaspora, including from African-Americans.
Indonesia is originally an anthropological term that became a political claim. So too with Melanesia, although the Melanesian Way stresses diversity. Papuans have long felt themselves a different people from Indonesia, and pointed to “racial differences” as the reason. Instead, they have claimed kinship with other Melanesians in the Pacific, and beyond that with Africa and the African diaspora.
In some ways Papuan nationalism can be traced back to 1944, when U.S. troops liberated West Papua from Japan in the Second World War. Papuans witnessed African-American soldiers being treated with apparent equality. “They worked and fought shoulder to shoulder with their white comrades,” one prominent Papuan leader recalled. “The Negro men flew fighter planes, commanded warships, fired artillery, and drove vehicles and so forth.” Seeing this, Papuans asked themselves why can the Negroes do these things and the Papuans not?Is not our skin color and hair the same?”
The first Papuan diplomacy began in 1960. That year a New Guinea Council was elected and sent diplomats abroad, to make the point that Papuans should not be treated as bargaining chips, but rather as a people with the right to decide their own future. Early diplomatic missions toured Africa, gaining considerable support. A large group of African countries backed Papuan self-determination at the UN, but lacked the votes in the UN to pass this.
The US government, nevertheless, intervened to engineer a handover to Indonesia. In vain did a group of New Councilors telegram to Washington: “We Papuans are not Indonesians … forced participation in Indonesian administration would be equivalent to a slave trade carried on by members of the United Nations.” That communication was not even acknowledged, let alone answered.
Prevailing views in the U.S. at the time saw Papuans as primitive — this at a time when the civil rights movement was still fighting for equality at home. Major media outlets portrayed the Papuans as backwards, savage cannibals living in –the Stone Age.” Racist characterizations were common. US News and World Report was typical in dismissing West Papua as a “primitive, poor, forbidding land” without “a single positive element of civilization.”
Once Indonesia took over West Papua, a campaign grounded in racist assumptions about “primitive” Papuans began. The Indonesian foreign minister said the job was to “get them [Papuans] down out of the trees, even if we have to pull them down.” Government policy aimed at assimilation. In the words of one Indonesian cabinet minister, “the different ethnic groups will in the long run disappear because of integration … and there will be one kind of man.”
The ideas of primitiveness sounded familiar to African governments and Africa-American political groups. Thus for instance the majority of African states decline to endorse the Indonesian take-over of West Papua, and the NAACP lent its support. Papuans continue today to look to Melanesian, African and African-American groups for solidarity. Racial identity has been expressed through popular musical groups such as The Black Brothers. The Papuan voice is still silenced and ignored internationally. Yet Papuans work to change that, to be heard and recognized as a distinct people. (Contributed by David Webster, Assistant Professor of International Studies, University of Reginia and WPAT member)
Indonesian Academics Join Papuans in Call for Dialogue
TAPOL has translated a June 30, 2009 Kompas article regarding the publication of a book, “Papua Road Map.” The book was written by a team of five members of the LIPI, the Indonesian Academy of Sciences. Minister of Defense Juwono Sudarsono attended the June 30 book launch.
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“You can say that the special autonomy was born defective, grows on toxic food and is gradually dying ,” Muridan said. “The whole political process was set from the beginning to fail.” |
The book identifies four key problem areas and offers recommendations as to their solution:
Mudian S. Widjojo, one of the writers, said that these problems were the marginalization of Papuans and its discriminatory effects; the failure of education, development and the empowerment of the small-scale economy; the use of violence by the state and violations of human rights, in the past and present; and contradictory historical understandings of political identity or status.
“You can say that the special autonomy was born defective, grows on toxic food and is gradually dying ,” Muridan said. “The whole political process was set from the beginning to fail.”
Aside from highlighting the problems, the report also offers solutions. Muridan said the government needed to immediately launch comprehensive programs to help Papuans develop their natural and human resources so they could enjoy parity with the rest of the nation.
He advocated a limited affirmative action program to reduce marginalization, and significant investment in building quality education and health facilities and supporting the provinces’ economies.
Muridan also said the government should deal directly with investigating and solving cases of violence and human rights abuses. “If possible, to bring them to court; if not, then by reconciliation,” he said. “It should be done in order to heal deep-set wounds.”
The analysis also calls on the Indonesian government to recognize the need for reconciliation between Indonesia and the Papuan people with regard to the violence and human rights violations to which they have been subjected for over four decades. Although a human rights court has been established, no violators have been arrested and there is no clarity about has been no compensation for the Papuan people.
The LIPI study underscores the need for a dialogue, a call which echoes that of many Papuans in recent years. The book notes an attempt at dialogue in 1999 but contends that “preparations for talks were inadequate, the results were unclear and no agreement was reached. (WPAT Note: In fact 100 Papuan elders stunned their Indonesian hosts with a call for “independence.”)
The LIPI team recommends that there should first be a pre-dialogue, “in which the two sides could seek agreement on the issues, the mechanism, who exactly will be involved and a fair share between those representing the Papuans, so that they are properly represented in the dialogue. only after agreement has been reached on all this should dialogue go ahead.”
(WPAT Comment: The LIPI study is to be commended for candidly pointing out that “Special Autonomy” is moribund and that the “security approach,” entailing years of security force brutality and intimidating targeting the Papuan people, has failed and needs to be ended. The LIPI call for dialogue appears to be missing one key component stressed by Papuans: namely participation of an international mediator/facilitator as was successfully employed in the Jakarta-Aceh dialogue.)
West Papua Report
June 2009
This is the 61st 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.
Summary:
In its annual report on international human rights, Amnesty International emphasizes continuing abuses in West Papua. Several Papuan organizations have published a “consensus manifesto” which elaborates the historical and legal case for Papuan self-determination. The document appeals to Papuans for unity, to Jakarta for dialogue and to the international community to end its silence on historical injustice done to the Papuan people. Several reports note the failure of the Indonesian government to provide infrastructure and basic services in West Papua, and to protect Papuan waters against illegal fishing that has devastated Papuan fisheries. Papuans have protested yet another police killing of a Papuan. The UK Government has responded to Parliamentary questions regarding human rights abuse in West Papua and the recent Indonesian Government expulsion of the International Committee of The Red Cross from West Papua.
Contents
- Amnesty International Reports Human Rights Abuse in West Papua
- Various Papuan Groups Reach Consensus on Manifesto
- The Jakarta Post Details Indonesian Government’s Failure to Build Infrastructure in West Papua
- The Indonesian Government Has Failed to Control Illegal Fishing in Papuan Waters
- Hundreds of Papuans Protest Police Fatal Shooting
- The British Government Comments on Expulsion of ICRC and Human Rights
Amnesty International Annual Report Notes Problems in West Papua
Amnesty International in the Indonesia portion of its annual report on human rights observance extended special focus to the plight of Papuans. Excerpts from the report follow:
The situations in Papua and Maluku continued to deteriorate, including continued attacks on freedom of expression. The number of prisoners of conscience rose sharply to 117. Attacks against minority religious groups and their leaders increased across the archipelago. Torture, excessive use of force and unlawful killings by police and security forces continued. No progress was made in bringing the perpetrators of past gross human rights violations in Nanggroe Aceh Darussalam (NAD), Papua and Timor-Leste to justice. Indonesia resumed executions in June, executing 10 people in total. Maternal deaths remained the highest recorded in South East Asia.
The government continued to severely restrict freedom of expression. The number of people arrested and detained for peacefully expressing their views (ed. note this is a nationwide figure) rose to at least 32. An additional 85 people imprisoned in previous years remained in jail.
It remained a criminal offence to raise the ”Morning Star” flag in Papua.
Low-level conflict between the security forces and pro-independence insurgents in Papua continued. Local community leaders were intimidated and threatened by the military and police. There were reports of torture and other ill-treatment, excessive use of force and extrajudicial executions by security forces.
In August, at a rally celebrating World Indigenous Day, police opened fire into a crowd of people after some of them had raised the banned ”Morning Star” flag. One peaceful demonstrator, Opinus Tabuni, was found dead following the event. Filep Karma, sentenced to 15 years, and Yusak Pakage, sentenced to ten years, remained in jail. The two men were convicted in 2005 for raising the ”Morning Star” flag.
The full Amnesty International report is available at: http://thereport.amnesty.org/en/regions/asia-pacific/indonesia
Senior Papuans Seek “Consensus” Regarding Papua’s Future through “Manifesto”
A group of senior Papuan civil society figures convened in West Papua April 30 to May 14 to compose a Papuan “consensus” meant to address issues related to Papua’s current crisis and future. The document is excerpted/summarized below. The full document can be found here http://etan.org/etanpdf/2009/Papuan Consensus.pdf :
We affirm the Papuan National Consensus as a basis and source of guidance and direction for all Papuans. The National Consensus pertains to the political history, human rights development the failure to implement autonomy laws and the agenda for Papuan struggle.
We assert that the Nation of West Papua is absolutely not part of the territory of the unitary Republic of Indonesia. [The document reviews the history through which Indonesia annexed West Papua notwithstanding Papuans' claims to a separate historical identity. This portion of the document also reviews in detail the role of the United States, Indonesia and others in a process that culminated in the "Act of Free Choice," a mock referendum widely acknowledged to have been fraudulent and forced.]
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With this manifesto we invite all inhabitants who love the land of Papua and our nation to accept this manifesto and defend it as the basis of our Papuan nation. |
We the Papuan people demand our own territory, equal to other sovereign territories, and alongside other nations. We the Papuan people wish to live in tranquility and to join with others in promoting peace.
With this manifesto we invite all inhabitants who love the land of Papua and our nation to accept this manifesto and defend it as the basis of our Papuan nation. [The document lists conditions plaguing Papuans in the areas of "human rights," "development," and the "failure to implement special autonomy:"]
Human Rights
… hundreds of thousands of Papuans have suffered from human rights abuses as a result of the Indonesian government’s practices of mass murder, execution, slaughter, kidnapping, terrorism, internment and many other forms of repression.
Development
We argue that the policies and programs for development that have been implemented by the Indonesian government in Papua from 1963 to the present day have failed to improve the standard of living of Papuans and raise the quality of life in Papua.
Over 400,000 “transmigrants” have been moved into Papua.
Failure to Implement Special Autonomy
In our evaluation, the implementation of the Special Autonomy law from 2001 to the present day has not resulted in any significant changes in the lives of Papuans. (The document notes among other examples of the law’s failure, the murder of the first President of the Papuan Presidium Council Theyes Eluay by TNI Special Forces (Kopassus) personnel.)
All Papuans:
To prevent the extinction of Melanesian Papuans, to put an end to internal disagreements, and to create togetherness and Papuan national unity based on similar understandings and points of view, as well as to prevent internal conflict among leaders of the Papuan struggle, every Papuan and component (organization) of our national struggle has a responsibility to:
- promote awareness that all people of our nation are not Indonesian people;
- promote mutual coordination and respect among all Papuans;
- consider all components, organizations and factions of our struggle to be assets in our endeavor to create the Papuan Nation.
Regarding Indonesia:
Pressure Indonesia in union with Papuan representatives
- to find a peaceful solution through dialogue facilitated by a neutral third party; to enable access by monitors, researchers, human rights workers and journalists to Papua;
- to end political manipulation and other forms of oppression such as murder, terrorism and intimidation of Papuans;
- to liberate all Papuan political prisoners and detainees.
Regarding the International Community:
- [Seek] a review of the 1969 [fraudulent] ”Act of Free Choice;”
- Withhold financial assistance for Special Autonomy until Jakarta agrees to free and open dialogue mediated by the U.N.;
- Encourage the U.N. to create an opportunity for Papuans to determine our fate in accordance with international human rights standings; international legal principles and U.N. conventions;
- Protect Papuan forests;
- Investigate human rights abuses since 1963.
Let this consensus unite our perspectives, agendas and the direction of our united struggle. This consensus unites and binds each component and faction of our struggle to take responsibility for implementing its principles for the sake of creating justice, peace and freedom in Papua.
(Signed)
Dewan Papua Presidium
Tom Beanal (Chairperson)
Herman Awom (Moderator)
Taha Moph. Alhamid (Secretary General)
West Papua National Authority
Edison Waromi (Executive President)
Terianus Joku (Congressional President)
Former Political Prisoners
Eliaser Awom (Chairperson)
see also Report To The United States On The Papuan Consensus
Jakarta Post Details Central Government’s Failure to Build Infrastructure in West Papua
A May 25 article in the Jakarta Post provided a detailed account of the failure of the Indonesian Government to develop essential infrastructure in five new districts (“Regencies”) in West Papua. The Regencies comprise those of Paniai, Mappi, Puncak, Asmat and Mimika. The article notes that lack of well-developed roads between the Regency capital and subdistricts in Paniai, Mappi and Puncak. Puncak regency is the worst of the five. The lack of usable roads has affected the flow of vital foodstuffs from the outside to Mappi. In Asmat, particularly in the regency capital Agats, there is a grave shortage of elevated buildings and roads in the area which is prone to flooding and “swamping.”
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The great irony remains that West Papua has for decades generated enormous wealth for Jakarta through the sometimes devastating “development” of its resources. After over four decades of Indonesian rule, Papuans still lack services essential to health, security and justice. |
The five regencies also lack essential services with severe shortages of teachers, healthcare personnel and facilities. The Post report noted in particular with regard to healthcare: “The limited number of doctors and paramedics has become an obstacle for regency administrations to build public hospitals, while existing public health centers (Puskesmas) in remote and mountain areas are lacking proper facilities to examine and treat people contracting HIV/AIDS, or those suffering malaria.”
Government officials blamed the inadequate provision of infrastructure on paperwork and other bureaucratic problems.
The great irony remains that West Papua has for decades generated enormous wealth for Jakarta through the sometimes devastating “development” of its resources. After over four decades of Indonesian rule, Papuans still lack services essential to health, security and justice.
Illegal Fishing Rampant in West Papua
An May 22 Op-Ed by Bogor Institute of Agriculture post graduate student Rahman Pramulya appearing in the Jakarta Post describes the failure of the Indonesian government to effectively control illegal fishing in Papuan waters. He noted that the Arafura Sea has only 15 fishery and sea regional office investigators. He describes this number as “too low given the size of the surrounding Papuan seas” adding that this under-resourcing “allows for many problems.” He notes that in several Papuan regencies, there are no investigators at all.
Citing a lack of funding for monitoring, Pramulya observes that only 0.5 percent of the overall fishery and sea development done in West Papua is monitored in any way.
Illegal fishing, like illegal logging in West Papua is often carried out with the connivance of the Indonesian military. The impact of unmonitored fishing, often by foreign factory ships, on Papuan resources and on Papuans attempting to make a living from the sea is devastating. earn a living from fishing.
Hundreds of Papuans Protest Police Shooting
On May 6, according to international media reports, approximately 1,000 Papuans demonstrated peacefully in protest of the police killing of man in a town near the main West Papua airport at Sentani. The demonstrators blocked the main entrance to the airport for five hours. The victim of the shooting was Agus Ohee, a relative of a key tribal chief, reportedly was inebriated. his conduct had prompted complaints from some villagers.
British Government Reacts to Questions about Human Rights and Expulsion of ICRC from West Papua
In mid-May the British Government’s Secretary of State for Foreign and Commonwealth Affairs Bill Rammell formally responded to Parliamentary questions regarding human rightsviolations in West Papua and the Indonesian Government’s expulsion of the International Committee of the Red Cross from West Papua. His comments are below:
On recent discussions he has had with the Indonesian authorities on allegations of human rights abuses in West Papua:
I raised UK concerns with the situation in Papua and West Papua provinces in discussions with the Indonesian Foreign Minister, Hassan Wirajuda, on 10 February 2009. I stressed that greater transparency was an important element to building trust and ensuring greater peace and prosperity for the region. Embassy officials continue to monitor the situation closely and to discuss the human rights situation with Indonesian government officials -most recently on 6 May 2009 - as well as civil society and community representatives from the Papuan provinces.
On Indonesian government’s recent decision to expel the International Committee of the Red Cross from West Papua:
We have sought clarification of the reports regarding the International Committee of the Red Cross (ICRC) and their presence in West Papua from the government of Indonesia. Our embassy have been told that the ICRC field office in Papua has been closed and that the status agreements governing the ICRC’s activities in Indonesia need to be renegotiated. We hope that this can be concluded speedily. The government of Indonesia told us that ICRC officials may still visit Papua. Our embassy are also in touch with ICRC officials in Indonesia and will continue to monitor the situation closely. We are meeting with the Indonesian ambassador in London to register our concerns. I discussed access to Papua and West Papua provinces with Indonesia’s Foreign Minister, Hassan Wirajuda, most recently on 10 February 2009 in Jakarta.
West Papua Report
May 2009
This is the 60th 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.
Summary:
A WPAT member spoke before a U.S. Congressional panel about threats to the environment and to human rights in West Papua. U.S.-based human rights groups ETAN and WPAT urged the U.S. Government to move beyond the failed formula of “special autonomy” to address the growing human rights crisis in West Papua. Their appeal came in response to Secretary of State Clinton’s call at a Congressional hearing for a “degree of autonomy” for Papuans. April saw a marked increase in violence and repressive action by security forces in West Papua. The report offers a brief chronology of the violence. Several U.S. human rights organizations signed a public letter to leading U.S. legislators urging an investigation of the violence and U.S. support for an internationally facilitated dialogue on West Papua. That call echoed a similar appeal for an investigation of the violence by Papuan church and civil society leaders. The Indonesian government has expelled the International Committee of The Red Cross (ICRC) from West Papua. The expulsion came following an ICRC visit to Papuan political prisoners, though the Indonesian Foreign Ministry maintained that was not the reason for the expulsion.
Contents
- West Papua Advocacy Tam member Octo Mote speaks before the U.S. Congressional human rights commission regarding threats to the environment and human rights in West Papua
- ETAN and WPAT fault as insufficient Secretary Clinton’s call for “a degree of autonomy” for West Papua
- Repression and violence in West Papua escalates dramatically in April
- U.S.-based human rights groups call for an investigation of the violence and for dialogue
- Papuan clergy and civil society leaders also call for investigation of the violence
- Indonesian government expels the International Committee of the Red Cross from West Papua
West Papua Advocacy Team member spoke before the U.S. Congressional human rights commission
WPAT’s Octo Mote spoke before the Tom Lantos Human Rights Commission (formerly the Congressional Human Rights Caucus) on April 28. In his remarks he emphasized the threats to the environment and to human rights in West Papua posed by Indonesian Government policies and by military-backed exploitation of Papuan resources by major corporations. He noted that logging, mining and fishing operations were particularly injurious and singled out U.S. mining giant Freeport-McMoran as among the most damaging. Mote explained that Indonesian Government polices, particularly Jakarta’s “transmigration” policy had marginalized the Papuan population, bringing over 500,000 people into West Papua until the program’s termination in 1999. Recently, Jakarta announced the re-establishment of the program. Under Jakarta’s “Special Autonomy” approach, the government has created 24 new Districts, an approach which has generated “spontaneous migration” of non Papuans into West Papua to assume newly created bureaucratic positions and to take advantage of new “development” funding. The creation of the new districts also has increased the militarization of West Papua as military units are established in each new district.
Mote emphasized that Papuans have no means to defend themselves against government-backed encroachment on their lands and rights. He noted that two West Papuan Governors, Admiral (ret.) Numberi and current Governor Suebu both sought to limit environmental destruction by commercial “developers” only to be over-ruled by the Jakarta government. He also explained that the Jakarta government has largely ignored the Papuan People’s Assembly (MRP) which it has sought to stigmatize as “separatist.” The body, which was authorized in 2001 “Special Autonomy” legislation, was established after a delay of four years and immediately ran afoul of the Jakarta government after it refused to endorse the division of West Papua into several provinces.
Asked by panel chairman Congressman James McGovern (D-MA) to comment on Freeport, Mote elaborated that firm’s long record of abuse and close ties to the Indonesian military. Mote urged investigation of the recently resumed payments by the firm to the military as well as the 2002 murder of two U.S. and one Indonesian citizen on property controlled by the firm and the military. Due to obstruction by then TNI territorial commander (now President) Susilo Yudhoyono, the killings were never fully investigated with initial police reports of military involvement ignored in subsequent FBI investigations and in court proceedings which led to the jailing, Mote noted, of several innocent Papuans.
Mote urged U.S. support for an internationally facilitated dialogue between Jakarta and Papuans and for opening West Papua to access by international humanitarian and human rights officials, journalists, researchers and others. He explained that West Papua is the only region In Indonesia which lacks respect for the right of freedom of expression and noted that more than 20 Papuans are currently incarcerated for the attempt to exercise this right.
see also
- Statement on the operations of the Freeport McMoran Mine in West Papua, to the U.S. Senate hearing on Extracting Natural Resources: Corporate Responsibility and the Rule of Law
- New Study Links Indonesian Politician to 2002 Murder of U.S. Schoolteachers
- Briefing on Special Autonomy Issue in West Papua
Joint Statement by West Papua Advocacy Team (WPAT) and East Timor and Indonesia Action Network (ETAN) on U.S. Policy and West Papua
In an appearance before the House Foreign Affairs Committee, Secretary of State Clinton spoke about the human rights crisis in West Papua, acknowledging the “many human rights abuses” there. She emphasized that West Papua was part of a “sovereign Indonesia,” and said West Papua needed support “in its efforts to have a degree of autonomy within Indonesia.”
In an April 26 joint statement ETAN and WPAT noted that the Indonesian Government has failed to implement the long-promised “special autonomy” for West Papua and that as a consequence Papuans have overwhelmingly rejected the concept. Instead, the statement noted, Papuans have demanded an internationally-facilitated dialogue with the central government to address key issues, including demilitarization of West Papua, an end to security-force intimidation, the release of political prisoners, and the right to self-determination.
The statement called on the U.S. government to apply meaningful pressure on the Indonesian government and its security forces to press for an internationally-facilitated, senior level dialogue between the Indonesian Government and Papuans, including Papuan civil society. They also called for the U.S. to seek an end to restrictions that prevent the international community from monitoring human rights developments and the welfare of Papuans in West Papua. Finally the statement urged the U.S. government to seek fundamental reform of the Indonesian security forces by conditioning assistance to the Indonesian military, Brimob, Indonesia’s intelligence agencies on real reform, human rights accountability and demonstrated respect for people of West Papua. (see http://etan.org/news/2009/04papua2.htm for full text of statement)
Pre-Election Violence in West Papua
In the period immediately preceding April 13 national Parliamentary elections there was an explosion of violence in West Papua. Facts associated with a number of the incidents remain obscure. There is evidence that some of the violence was provoked by elements with ties to the security forces. There follows a rough chronology of the major incidents:
(Pre-April context for violence: On 4 December 2008, police used disproportionate and excessive force against Papuan Kingmi church protestors. On 29 January 2009, police violently dispersed a demonstration calling for local elections to be held without delay in Nabire. In both cases, police kicked and beat the demonstrators with rattan sticks and rifle butts. Rubber bullets were also used, injuring at least four in the first case and five in the second. Amnesty International is not aware of any investigation into these incidents.)
| Early April rally in Nabire in support of the ILWP. |
April 3 Thousands of Papuans stage a peaceful demonstrations in Jayapura and Nabire calling for a referendum on Papuans’ political future; celebrating the formation of the International Lawyers for West Papua (ILWP) group and also demanding the release of Papuan political prisoners. The demonstrations are organized in part by the National Committee for West Papua which on march 30 established a tent base camp near Nabire for the purpose of organizing the demonstrations there.
April 3 Brimob raid the Dewan Adat Papua (DAP) office in Jayapura. During the raid Police destroy a computer and other equipment and seize a number of documents. The police claim to have confiscated two firearms from the office. Police hold 15 people overnight. Some are released the next day and told to report regularly to police. Facing charges are: Mako Tabuni (also known as Musa Tabuni), Serafin Diaz, and Yance Motte. The three men will face charges of makar (subversion), under Article 106 of the Penal Code, for which the maximum penalty is 20 years imprisonment, and under Article 160 for incitement. They are accused of pursing the aim of separating part of the territory of Indonesia. Police chief Bagus Ekodanto claims the men were arrested for their involvement in a demonstration at several locations in Abepura and outside the provincial assembly building (DPRP) in Jayapura on 10 March 2009. The men had reportedly called for a referendum in West Papua and urged Papuans not to vote in the April 9 Parliamentary elections.
April 3 Police arrest two political activists from Jayapura.
April 6 TNI and Brimob raid and destroy a tent base camp of the National Committee for West Papua at a site just outside Nabire. In the assault, one Papuan was shot and killed; six Papuans were arrested.
April 6 Brimob open fire on a protest demonstration by hundreds in Nabire injuring at least seven people. According to local sources, four of the wounded are taken to the hospital in critical condition, including a 10 year-old student who was shot as he was returning from school. A police officer is also injured by an arrow. The approximately 200 demonstrators had called for the boycott of upcoming parliamentary elections and investigations into past human rights violations in Papua. They also celebrated the launch of the International Lawyers for West Papua (ILWP) in Guyana in early April 2009.
Amnesty International’s Isabelle Arradon noted this is not the first incident in the town and there should be an independent investigation. “It is the third demonstration since September 2008 where some demonstrators in Nabire have been shot by police,” she said. “According to the eyewitnesses those six people are the militias … from Indonesia’s security forces who have used the situation to trigger conflicts between demonstrators and the police,” she said. But the footage clearly shows uniformed officers working with other men dressed in civilian clothes. (ASA 21/012/2009, 7 April 2009 “Indonesia: Police Head must investigate excessive use of force by Nabire Police”) AI notes “This is the third reported incident of such abuses by the Nabire police force since December 2008.” WPAT notes there is eye-witness reporting that the violence was orchestrated by provocateurs employed by the Indonesian military.
April 7 Authorities arrest Markus Haluk, secretary-general of the Leadership Council of the Association of Students from the Central Highlands, on charges of spreading information and provocation for calling for a boycott of the election in Papua.
April 8 at 11pm, rumors circulate that a member of the police force had been stabbed by an unidentified person near Youfeta Market, Abepura. In response, the police conduct sweeps along the main roads.
April 8 Bombs explode near a bridge between PNG and West Papua. Subsequent police statements claimed that this bomb and one found near the Abepura police station (see below) were both composed of TNT and, the police contended, therefore indicated a common perpetrator group.
April 8 An explosion and fire at a Biak Refinery kills one person. There is speculation the incident may have been an accident.
April 8 Three migrant ojek drivers are stabbed to death in Wamena.
April 8-9 Unidentified people numbering possibly up to 100 assault the Abepura police station. Police shot one of the attackers dead and injured four. Attackers, according to police, used bows and arrows and “bombs”
April 9 at 2.30am, the Rector’s Building at Cendrawasih University suffers an arson attack by unidentified people. Police conducted sweeps which result in the arrest of eight students at the Minmin Students Mess, one of whom sustains gunshot wounds. Damage in the fire is limited to one floor.
April 10 An Avia Star cargo plane carrying election materials crashes in West Papua killing six government officials.
April 11-12 Fighting erupts at PNG-West Papua border involving TNI and Papuan resistance fighters. Unconfirmed reports contended that six TNI personnel and five Papuan fighters are killed. The fighting is centered at the border town of Wutung (PNG town) and at Batas, the actual border crossing point. One report contends that Papuan fighters may have shot down a military aircraft, apparently a helicopter. Other reports claim that Papuans destroyed a bridge. The TNI torches many houses in the area, leaving hundreds homeless. The border is reportedly closed as is the Batas market.
April 12 Police claim to find “bombs” near Abepura police station.
April 12 Another migrant ojek driver in Wamena is stabbed to death.
April 14 Media report 38 prisoners escape from a Wamena detention facility, five are immediately recaptured.
April 14 At 10 PM a fire is reported at Provincial Election Committee Headquarters in Jayapura. The fire may have been caused by an electoral fault, though arson is not ruled out. Possibly due to the fire, Jayapura suffers electrical blackout for two hours. The following day, the police announce that 200 additional police personnel were being brought into West Papua.
April 15 A police convoy in Tingginambut in the Pucak Jaya is attacked. One policeman is killed and six are wounded. Police blame the attack on the OPM. Police announce that 80 Brimob personnel will be deployed to the area from outside of West Papua.
April 16 A fire at the State Junior College in Wamena destroys a lab, a warehouse and three classrooms.
U.S. Groups Call For U.S. Government Action in Context of Escalating Repression and Violence in West Papua
On April 9, in the wake of escalating repression of human rights and violence in West Papua, several U.S. groups called on the U.S. Government to act. Land Is Life, the East Timor and Indonesia Action Network (ETAN) and the West Papua Advocacy Team wrote to leaders of the House and Senate Foreign Affairs Committees expressing their deep concern. The groups noted in part that Indonesian government forces had targeted peaceful protesters and that the repression followed a series of arrests of dissenters under charges of “subversion” and “incitement,” colonial era laws that had been widely criticized by human rights organizations. The organizations called for investigations of the repression and the increased violence, urged the U.S. government to press Indonesian officials to protect human rights and called on the U.S. government to press for an internationally facilitated dialogue between senior Indonesian officials and Papuans, including Papuan civil society leaders. (see http://etan.org/news/2009/04papua.htm for text of the statement)
Papuan Church Leaders Call for Investigation of Pre-election Violence
Papuan Church land civil society leaders have called for investigations regarding the identity of perpetrators of a spate of pre-election violence in West Papua. Their call echoes concerns raised by Papuan and international observers who cite first-hand accounts of provocateurs with ties to the security forces as instigating some of the violence, such as in Nabire on April 6.
Similarly, observers were dubious of national police claims that nine bombs found at three locations were likely the work of Papuan resistance fighters. The police claimed that all the bombs were composed of TNT and ammonium nitrate but lacked detonators. It is doubtful that any of the OPM would have access to these materials in sufficient volume or be able to coordinate placement in all the locations where the bombs were reportedly discovered. The police contention that all lacked detonators similarly rang untrue to observers. Other possible explanations for the bombs include an attempt to manufacture a security crisis without causing severe death and destruction, an attempt to frame the OPM, or a combination of these motives.
The Indonesian Government Expels the International Committee of the Red Cross from West Papua
The Indonesian government on April 23 expelled the International Committee of the Red Cross (ICRC) from West Papua. The Indonesian action followed a visit by ICRC officials to Papuan political prisoners. A Foreign Ministry spokesperson claimed, however, that the closure of the office was not because of the prisoner visit but rather was because the ICRC was operating illegally because it did not have permission to be in West Papua. Citing the ICRC’s 1977 and 1987 agreements with the government, the spokesperson contended that the ICRC was only allowed to use its Jakarta office as a “regional headquarters” for its work in the Asia-Pacific region.
The Foreign Ministry spokesperson added that there was no longer any need for human rights abuse monitoring in Indonesia.
The Indonesian government in the past has worked closely with the ICRC in West Papua. The Indonesian military used the ICRC as a go-between in an attempt to secure release of hostages taken by the armed Papuan resistance in 1996. When the nearly successful effort foundered over a dispute among senior Indonesian military and political figures as to who would get credit for a release which the ICRC had brokered, the Indonesian military, under the leadership of then General Prabowo, sabotaged the deal. Several Papuans villages were killed in a botched military raid aimed at freeing the hostages. The hostages subsequently escaped, except for one who was killed.
The ICRC office in Aceh will also close.
West Papua Report
April 2009
This is the 59th 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.
Summary:
A legendary Papuan nationalist visits Indonesia and West Papua, stirring controversy by reminding the international community of West Papua’s forced annexation by Indonesia. A military/police buildup is underway in West Papua. A Papuan Parliamentarian has appealed for a non-security approach in West Papua. The BBC has presented a rare documentary focused on those pressing for West Papua’s separation from Indonesia. The Governor of West Papua has criticized the expulsion of Dutch journalists from West Papua. Thousands of Papuans have demonstrated in support of a referendum on Papuan independence. Senior Indonesian Defense officials have postured disingenuously, feigning concern about Papuans freedom of speech. India has announced a plan to assist in meeting vast educational deficits among Papuans. Environmentalists protesting illegal logging and land clearing in West Papua and West Kalimantan were beaten at the targeted corporation’s headquarters.
Contents:
- Papuan Nationalist Founder Returns Home after over Four Decades in Exile
- Military/Police Underway in West Papua
- Papuan Political Leader Appeals for The Government to End Use of Force in West Papua
- BBC Presents Rare Documentary Coverage of Papuan Independence Seekers
- Papuan Governor Critical of Expulsion of Dutch Journalists
- Thousands of Papuans Demonstrate Peacefully for Independence Referendum
- Senior Defense Officials Posture about Importance of Freedom of Speech in West Papua
- Government of India Acts to Address Educational Needs in West Papua
- Environmentalists Beaten as They Protest Illegal Corporate Forest Destruction
Papuan Nationalist Founder Returns Home after over Four Decades in Exile
What was apparently intended as a show of support for Papuan integration into Indonesia backfired as one of the first generation of Papuan nationalists told reporters that he still considered Papua to be a separate country from Indonesia.
| Nicolaas Jouwe |
Nicolaas Jouwe, now 85, returned to Papua for the first time since the beginning of Indonesian rule in 1963. He also traveled to Jakarta at the invitation of Indonesian President Susilo Bambang Yudhoyono. The return of Jouwe after so long was as if Thomas Jefferson had stepped off a plane. It focused the spotlight on the history of Papua’s still-disputed integration into Indonesia.
Jouwe was elected in 1961 as a member of the first New Guinea Council, an embryonic parliament for what was then still a Dutch colony, and immediately become one of the key leaders in the Papuan independence movement. He designed the Morning Star flag that is still the emblem of Papuan independence aspirations, and was active internationally in a nonviolent, globally-focused campaign for recognition of Papuan self-determination. This campaign built up considerable support in the Pacific islands and among African countries, and won a majority of support at the UN General Assembly, but the Kennedy administration decided for reasons of cold war strategy to back the Indonesian claim. The result was a U.S.-brokered agreement in 1963 to hand the territory to Indonesian rule, which left the basis of the conflict intact. The perceived denial of self-determination for Papuans lies at the root of continued conflict, with Papuans feeling robbed of their right to self-determination and still keenly aware of the U.S. government role in stage-managing an agreement reached with no Papuan participation. A continued Papuan call is for a dialogue that will, among other things, set straight the historical record. This is one element missing form the special autonomy granted to Papua, and its omission is one reason that there continues to be rejection from many Papuans of the autonomy package.
Nonviolence and international diplomacy and dialogue were among the key themes of the Papuan independence leaders of Jouwe’s generation. They remained on display as Jouwe visited his homeland. Invited by the Indonesian president, Jouwe said the time had come for dialogue, since “Indonesia remains our big neighbor.” Alongside dialogue was the call for a nonviolent approach: “Even if we have to talk a thousand times, it is better than violence.” To date Papuans have been denied the same sort of dialogue that led to a peace settlement in Aceh, perhaps because the Indonesian army sees Papuan nationalists as less of a military threat.
It is not clear whether the “encounter of heart and mind” (in the Indonesian president’s words) with Jouwe signals any willingness for expanded dialogue. Signs are that the visit was designed to show a prominent historical figure endorsing integration, with the Jakarta Post speculating that Jouwe would seek Indonesian citizenship and call for an end to independence demands. Instead the visit was dominated by what Jouwe’s son called on his twitter report “the pincident.” Jouwe arrived wearing a Papuan flag lapel pin. At a press conference in Jakarta, Indonesian ambassador to the Netherlands Yunus Habibie pressed Jouwe to pin an Indonesian flag to his lapel. Jouwe declined, repeating the need for dialogue between “neighbors.” Reports on this incident and the trip led to the detention of four Dutch journalists, two of whom were slated for deportation (see below).
Jouwe’s visit was in some ways reminiscent of the November 2007 trip by Congressman Eni Faleomaveaga. Invited by the Indonesian president to back the Special Autonomy Law, Faleomavaega saw his trip slashed from three days to two hours and was not permitted to meet Papuan nationalist leaders or even to travel to Jayapura. In that case, it was support for autonomy (as opposed to independence) that the Indonesian government seemed to be seeking. The “pincident” indicated the same possible goal for Jouwe?s trip.
Incidents and April 9 Elections Prompt Military/Police Buildup
The killing of two civilians and one solider, allegedly by armed pro-independence Papuans associated with the Papuan armed resistance group the OPM, has prompted calls for a military buildup in the area. TNI spokesperson Brig. Gen. Christian Zebua told the Indonesian media mid-month that the troops would be “organic” personnel, i.e., troops drawn from units already stationed in West Papua. He made clear that the TNI had already launched a retaliatory operation, in conjunction with the police to hunt down those purportedly involved in the March 14 shooting of a solider and two civilians (see March West Papua Report for details). A police spokesperson told the media that the security forces would launch “sweep operations.” Papuans have alleged that some of the armed Papuan groups involved in recent incidents are in fact provocateur elements sponsored by the Indonesian military.
The buildup coincides with stepped-up police monitoring of what police described a “conflict-prone areas” in anticipation of possible disruptions associated with the national April 9 parliamentary elections. The Jakarta Post reported that Indonesia’s “most feared mobile brigade (BRIMOB) has sent hundreds of additional personnel to West Papua for the political campaign leading up to the April 9 vote.
In that past, TNI-led “sweep operations” have displaced thousands of Papuan civilians who have fled their villages for refuge in surrounding forests. Cut off from food and medical services, many have died. Those who returned sometimes found that their homes, churches and schools had been burned and their gardens destroyed by the security forces.
Plea By Papuan Parliamentarian for Different Security Approach in West Papua
A Papuan parliament member (DPR) has called on the Government to pursue a different approach in dealing with security concerns in West Papua. The Papuan member of the Indonesian parliament, Dr John Manansang, on March 14 told the Cenderawasih Pos that in responding to recent security incidents, the Government should take into account the concerns that lay behind this violence. He decried the typical attitude of the Government which he noted “sees the Papuans as having no right to the land and therefore has decided to hunt them down, and brand them as ‘separatists’. He described this “security approach” as “very distressing” for local people, explaining that according to Papuan tradition, everyone on a piece of land feels that they have entitlement to that land. “Branding them as separatists and forcing them to flee and live in the forest, means that they are denied the right to live on their own land.” He called on the Government to use a “social-cultural” approach that would bring genuine security to the region.
BBC Presents Rare Inside View of West Papua
| Raising the Morning Star flag. BBC |
In a highly unusual focus on West Papua, the BBC on March 13 presented a compelling account of the extraordinary challenges faced by Papuans. The BBC’s announcement set the scene for this documentary footage with great candor. It noted that West Papua became part of Indonesia in 1969 through what it described as a “controversial and very limited vote.” Since the “vote,” the BBC continued “there have been calls from some Papuans for independence and for decades a low-level armed resistance has been rumbling on, largely unnoticed by the outside. “Many Papuans feel their culture and identity is slowing being eroded,” the BBC explained. The BBC also placed the Papuans plight in its racial/ethnic context. “Papuans don’t look like other Indonesians, they are Melanesian, closer to Aboriginals than Asians. But migrants from other Indonesian islands now make up about half the local population. Some of these in-comers consider the traditional Papuan way of life backward and uncivilized. Layers of grievance have built up over the decades.”
Accounting for the broad international ignorance of the Papuans’ plight, the BBC explained that “international journalists are severely restricted from working in the province where a special permit is required (note report below of the expulsion of Dutch journalists who possessed valid visas). The BBC explained that the footage it presented was shot by a UK citizen who had to travel undercover, aided by local activists who remained anonymous for their safety. (The video can be seen at: http://news.bbc.co.uk/2/hi/asia-pacific/7942026.stm )
Papuan Governor Laments Actions of Security Forces and Intelligence Units in West Papua
Papuan Governor Barnabus Suebu has sharply criticized Indonesian officials for the arrest of three Dutch journalists. The journalists had come to West Papua to cover the visit of Papuan nationalist figure Nicholas Jouwe (see report above on this historic visit.) The three were arrested for observing a peaceful Papuan protest at the office of the Governor. After being subjected to questioning by officials of the immigration office, two of the three journalists were deported purportedly for violation of immigration statues.
Governor Suebu, as reported in a March 27 Cenderawasih Pos article translated by TAPOL, described the action against the journalists as regrettable. He added that such a security approach was not appropriate in the present era.
‘I don’t know why they were questioned. If they have visas they should be able to travel anywhere. This is the strange thing about this country. When you go abroad and have a visa, you can travel everywhere. ”Why were they arrested? Did they commit a crime? I have been an ambassador. When someone has a visa they can stay for as long as specified in the visa.
The Governor described the arrest as indicative of a broader problem, noting, “The state apparatus is suspicious of everything, what are they trying to hide?” He continued, “The chief of police possibly doesn’t want such things to happen. This is probably the work of the intel. If things like this keep on happening, there will never be any progress in Papua” He concluded that the “security approach” was “all wrong.”
Thousands Demand Referendum
Thousands of Papuans gathered in the Papuan capital, Jayapura, on March 24 according to a Reuters report. The demonstrators demanded a referendum on independence from Indonesia. This would constitute the referendum denied Papuans 40 years ago when Indonesian authorities rigged an “Act of Free Choice,” a purported act of self determination that has been broadly attacked as rigged by scholars and even by UN personnel who monitored the charade.
Reuters reported that the protesters carried banners with the words “Election no, referendum yes”, “Stop genocide for Melanesian race in West Papua”, and demanded the withdrawal of troops from the province.
There were no reports of violence associated with this protest.
Senior Defense Officials Posture Regarding The Importance of Freedom of Speech in West Papua
During March, Senior Indonesian defense officials spoke uncharacteristically about West Papua. Armed Forces Chief General Djoko Santoso on March 11 contended that the TNI believed that separatist movements in Papua could be minimized by a better government approach to Papuan welfare. Djoko also said the military would fully support the process of democracy in Indonesia, including in Papua, saying it would view any demonstration calling for independence as an act of freedom of speech. This comment is particularly confounding inasmuch as Papuans who call for independence continue to suffer beatings and worse at the hands of the military and police, as well as conviction and imprisonment for subversion.
Meanwhile, Defense Minister Juwono Sudarsono said the government would not use an ?iron-fist? approach in dealing with separatists, but would always try a persuasive and soft approach through dialogues within communities. ?I believe our police and military understand the situation and would tolerate any voice of dissatisfaction.” It should be noted that the Defense Minister has no real authority over the military. The Chief of the Armed Forces (Santoso) reports directly to the President, not through the Defense Minister.
Indian Government Plans to Improve Education in West Papua
India intends to provide direct assistance to the Papuan people, according to a March 31 Jakarta Post report. “We – Papua Governor Barnabas Suebu and I – have agreed to promote Indian education here and to promote Papua in India. We aim to better Papuan human resources for the future,” Ambassador Nanda explained. The ambassador met Suebu on March 25 and leaders of Cendrawasih University, offering the university students scholarships for postgraduate studies at universities in India.
In his visit to Biak Numfor regency earlier in the day, Nanda also proposed similar cooperation with the local administration.
“He said the scholarships offered to Cendrawasih University students were part of a capacity building program aimed at enhancing human resources capability in Papua. “The program would ultimately support economic development in the province..”
The Indian assistance may serve as a model for other governments seeking to address failures of the Indonesian government over four decades to address educational needs of Papuans. A similar plan recently proposed by a member of the U.S. Congress failed to get off the ground due to reluctance on the part of Indonesian officials to support the plan
Environmentalists Beaten as They Protest Illegal Forest Destruction.
| LEFT: Merbau logs are loaded onto barge in Kaimana, West Papua, despite the company’s permit being suspended © Greenpeace/Rant. RIGHT: Greenpeace activists deployed banners at the Sinar Mas building in Jakarta on March 19, 2009.© Greenpeace / Ardiles Rante | |
Security guards belonging to one of Indonesia’s largest logging and palm oil corporations, Sinar Mas, have assaulted NGO personnel outside the corporation’s headquarters in Jakarta. Greenpeace activists were punched and kicked as they attempted to protest illegal land-clearing in West Papua and in West Kalimantan.. Greenpeace activist told Radio Australia that Sinar Mas had cleared peat land and forests near the West Papuan town of Laereh as well as a site in a national park in West Kalimantan.
The wholesale destruction of forest lands in West Kalimantan, including the burning of valuable high grade old growth forests by Indonesian and foreign corporations, has long been the hallmark of “development” in West Kalimantan. Papuans and others concerned about the destruction of land in West Papua view the destruction in West Kalimantan as an ominous harbinger of similar government-promoted “development” in West Papua.
West Papua Report
March 2009
This is the 58th 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.
Summary
The US State Department’s just-published Annual Human Rights Report for Indonesia candidly describes repression of Papuan rights including security force murder, beatings and torture of peaceful dissenters and security force collusion in people trafficking and theft of Papuans’ traditional lands. Notwithstanding her Department’s strong report, Secretary of State Clinton failed to discuss human rights or not meet with Papuans. Her failure to publicly raise human rights concerns prompts concern that the Obama administration may proceed with Bush Administration plans to pursue ties with Indonesian Special Forces and intelligence agencies notwithstanding their egregious human rights records. An ETAN spokesperson urged the Obama administration to utilize its leverage to spur reform of the Indonesian military. Buchtar Tabuni faces charges of subversion because of his peaceful dissent. An Indonesian Human Rights Commission official has accused the Yudhoyono government of failure to prosecute Indonesian military officers for “widespread abuses in Papua.” A Jakarta human rights official has criticized Jakarta’s “Special Autonomy” as failing to make a difference in the lives of Papuans. A Papuan, also commenting on “Special Autonomy” observed that funds intended to be made available to assist Papuans have been used to “build the military” and spur migrant displacement of Papuans.
Contents
- US State Department Reports Repression of Papuan Rights in Annual Human Rights Report
- Secretary Clinton in Jakarta Generally Ignores Human Rights Issues, Fails to Meet with Papuans
- Human Rights Group Urges US to Use Its Leverage to Spur Reform of Indonesian Military
- Buchtar Tabuni Charged Under Repressive Criminal Code Statues
- Indonesian Government Human Rights Commission Accuses Government of Failing to Prosecute
- Human Rights Crimes in West Papua and Elsewhere
- Boiling Rocks in West Papua
- Papuan Official Rejects “Special Autonomy”
State Department Human Rights Report Describes Brutal Human Rights Environment in West Papua
The US Department of State’s Human Rights Report for Indonesia in 2008 (released 2/26) depicts the stark reality of repression and discrimination in West Papua. The report notes that “at least 30″ Papuans, including one 16 year old boy, are incarcerated for peaceful dissent, specifically, for raising the morning star flag. The report notes repeated incidents in which Papuans suffered beatings and even murder at the hands of Indonesian military and police in retaliation for peaceful protest. The report cites the UN conclusion that torture is
systematic in Indonesian prisons. It also details the killing of some of these Papuans by security forces who act with impunity.
The report also describes extensive illegal activity by security forces in West Papua: “military and police were often complicit in trafficking (of persons) and in protecting brothels.” The report also notes that NGOs and human rights advocates suffered monitoring of their activities as well as threats and intimidation.
The report is unflinching in its description of the repressive environment in West Papua: “During the year indigenous people, most notably in Papua, remained subject to widespread discrimination and there was little improvement in respect for their traditional land rights. The Government failed to prevent domestic and multinational companies, often in collusion with the local military and police, from encroaching on indigenous people’s land.” See also Comments on the U.S. Department of State Country reports on Human Rights Practices for 2008
Secretary Clinton in Jakarta Generally Ignores Human Rights Issues, Fails to Meet with Papuans
Secretary Clinton failed to meet with any Papuans during her visit to Indonesia. As in her visit to China, the Secretary largely ignored human rights issues or the long-standing violations and record of impunity of the rogue Indonesian military. These omissions raised concern among human rights organizations that the Obama administration was prepared to set aside human rights as an impediment to bilateral cooperation on economic, financial and security issues.
While a member of the Secretary’s staff did meet with a Papuan in the course of a large public event, the Secretary herself, except for one important meeting with the widow of slain human rights advocate Munir, avoided contact with human rights advocates or victims and did not reference concern about these issues in her public remarks despite at least one appeal from a prominent member of the US Congress that she do so.
“Secretary Clinton’s willingness to largely ignore both human rights concerns and the failure of the Indonesian military to reform suggests that Obama policy vis-a-vis Indonesia is on auto pilot form the Bush era” said Ed McWilliams of the West Papua Advocacy Team. He added specifically, “we need to be concerned that the Obama administration will now move forward with Bush administration plans to begin cooperation with the criminal Indonesian Special Forces (KOPASSUS) and Intelligence agencies, crossing a red line that extends back over a decade.”
Human Rights Group Urges US to Use Its Leverage to Spur TNI Reform
On the eve of Secretary of State Clinton’s visit to Indonesia John M. Miller, National Coordinator of the East Timor and Indonesia Action Network, publicly called on the Secretary to “break with the Bush administration’s failed policy of engagement with the TNI.” He urged that US “once again use military assistance as leverage to promote reform and human rights.”
Miller observed that the Bush Administrations decision to resume military-to-military cooperation with the TNI “did not end the entrenched impunity of Indonesia’s security forces for crimes against humanity and other serious violations committed in East Timor, West Papua and elsewhere.” He observed that the TNI “continues to resist civilian control and emphasize internal security” and that “it resists attempts to dismantle its “territorial command” system which enables its continued involvement in business and politics.” “The implementation of a law meant to end military involvement in business” he noted “has degenerated into farce, and its units are accused of involvement in a variety of illegal enterprises, including logging and narcotics trade.”
Miller also warned against US collaboration with the security elements with the worst records of human rights abuse:
“In its last years, the Bush administration sought to train members of Kopassus, Indonesia’s Special Forces, which was responsible for some of the worst human rights violations throughout the archipelago. U.S. assistance to Kopassus is currently on hold, and the new administration will have to decide whether or not to cooperate with the notorious unit. The U.S. should also avoid Indonesia’s main military and civilian intelligence agencies (BAIS and BIN) which have long records of repressing human rights activists and other critics. Retired senior military officials working in Indonesia’s State Intelligence Agency (BIN) are suspected of planning and ordering the 2004 assassination of Munir Said Thalib, Indonesia’s leading human-rights advocate.”
Miller cited several Indonesian human rights advocates as well as East Timor’s official Commission for Reception, Truth and Reconciliation as calling on the US to employ military cooperation and assistance as “leverage” to spur real reforms in the Indonesian security structure. Miller concluded by urging Secretary Clinton to “open a new chapter in U.S. relations by making clear that future support for the Indonesian military is contingent upon real reform and genuine accountability for human rights crimes.” [see
Buchtar Tabuni Charged Under Repressive Criminal Code Statutes
The trial of Buchtar Tabuni for subversion got underway February 18 with Suharto-era trappings represented by hundreds of heavily armed military-police (BRIMOB). Approximately 300 Tabuni supporters demonstrated outside the Jayapura courtroom. Buchtar was accompanied at the hearing by 25 of the 53 lawyers listed as his legal advisers.
The prosecutor accused Tabuni, 29 and deputy secretary of the Central Mountain Papua Indonesia Students Alliance (AMPTPI), of coordinating formation of the London-based "International Parliamentarians for West Papua" (IPWP). The IPWP is an international assemblage of parliamentarians launched in London in October 2008. The prosecutor also alleged that Tabuni had twice coordinated mass demonstrations at the University of Cenderawasih and had delivered political speeches that were deemed to be a threat to Indonesian sovereignty. The prosecutor also referred to banners displayed at the rallies which was written slogans such as 'Referendum Yes, Otonomi Khusus (Special Autonomy) No', 'West Papua Problem is not Indonesia Problem', 'We want to International dialog.'
On the basis of these alleged activities Tabuni was charged under Articles 106, 160 and 212 of the Criminal Code for state subversion and for resisting personnel of the state (the armed policemen and military). This law dates back to the Dutch colonial era and was utilized extensively during the Suharto dictatorship. It has been widely condemned by human rights advocates inside and outside Indonesia as in contravention of Indonesia's international obligations to protect the free exercise of peaceful political speech. If found guilty, Tabuni, who is also accused of instigation and resisting arrest, could face 20 years in prison.
Government Human Right Commission Accuses Indonesian Government of Failure to Prosecute Human Rights Crimes in West Papua and Elsewhere
The Jakarta Globe, February 19, highlighted an accusation by the Indonesian Commission for Human Rights (Komnas Ham) that the Attorney General had failed in his duties to prosecute human rights violations. The Commission also accused President Yudhoyono of helping to shelter senior Indonesian military officers from prosecution. Saharuddin Daming, a Komnas Ham commissioner, among other things, noted that the Indonesian government had failed to successfully prosecute officials guilty of "widespread TNI abuses in Papua." Komnas HAM, he said, uncovered human rights violations by the military in Papua between 1963 to 2002.
According to the 2000 Law on Human Rights Courts, Komnas-HAM, the AGO, and the ad hoc Human Rights Court were to share responsibility for handling human rights cases, he said, with Komnas HAM conducting investigations, the AGO handling prosecutions and the court trying and deciding cases.
"Most people blame [Komnas HAM] for the unresolved cases,” he said. “They should ask the attorney general to clear up these issues, as all the BAP [investigation reports] have been handed to them.”
Ultimately, however, the problems with finding justice for human rights victims lay not only with the AGO, but with President Susilo Bambang Yudhoyono, Saharuddin said, suggesting that the former general had helped shelter TNI officials accused of human rights violations.
AGO spokesman Jasman Pandjaitan called some of Komnas HAM’s reports, “incomplete,” offering only that additional investigations were needed to look into the unresolved cases. He declined to comment, however, on which cases remained incomplete and any plans the AGO might have to reinvigorate investigations into some of the nation’s darker periods.
“Boiling Rocks” In West Papua
The Indonesian daily, Kompas, February 14, carried a report that underscores the failed implementation of “special autonomy” in West Papua. Citing Indonesian Human Rights Watch (Imparsial)’s Poengky Indarti, the report noted the rights’ advocate as stating that “between 2005 and 2009 Papua’s human development index has been in 33rd position out of the 33 provinces in Indonesia, notwithstanding the fact that every year funds are poured into Papua in amounts reaching the trillions of rupiah.”
The article noted that data gathered by Franciscan International demonstrated that that as many as 80 percent of the indigenous Papuan population was living in poverty. In addition to this, as many as 36.1 percent of the population have no access to healthcare facilities.
The article pointed out, “the massive exploitation of Papua’s natural resources has not had any significant impact on the progress or prosperity of the Papuan people. Moreover, it added, “human rights violations against the Papuan people that are yet to be resolved.” Quoting from a statement by a Papuan figure, Indarti said, ‘Waiting for justice to come from the central government is like boiling a rock.”
Papuan Official Rejects “Special Autonomy” as Aimed at Increasing the Migrant Population/Building the Military/Appropriating Papuan Land
The Secretary of the Papua Customary Council in Sorong, Yoab Syatfle, issued a February statement from Sorong broadly rejecting Jakarta’s “Special Autonomy” policy as a failure. He said in part: “after eight years the government has completely failed to properly implement the law (Special Autonomy Law No. 21/2001) and address the issues of concern to Papua’s indigenous people. In fact, they have used (the law) to tighten their grip on West Papua by misusing ‘special autonomy’ funds to increase the migrant population, build up the military, and push a development model that is based on appropriating land from indigenous West Papuans for economic exploitation by the migrant community.”
In his statement he accused the central government of attempting to divide West Papua into up to four separate provinces “to tighten their grip on West Papua’s natural resources.”
West Papua Report
February 2009
This is the 57th 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.
Summary
Unconfirmed reports indicate that Indonesian security forces may have begun sweep operations targeting villages in the central highlands following the alleged theft of four weapons from a police station by individuals claimed by the police to be armed pro-separatists. Amnesty International, noting the sentencing of still more Papuans for peaceful protests, has called for their release and an end to intimidation of peaceful dissenters. The Jayapura District Court has freed a human rights advocate but only after 15 months of detention, including a 15-month trial. President Yudhoyono, under heavy guard, visited Manokwari but failed to meet with ordinary Papuans. The Indonesian central government has significantly underfunded education for Papuans, violating national law and pledges contained in the moribund “Special Autonomy legislation. The inadequate support for Papuan education also perpetuates the inability of Papuans to compete with better educated migrants. Freeport security personnel have joined with notorious BRIMOB police units to evict traditional gold miners. In separate violence in nearby Timika, the apparent police killing of one man led to violent rioting in which four were wounded. Franciscans International has published a “Factsheet” which offers insights regarding current trends and developments in West Papua. Survival International reports indications of increased repression and State violence in West Papua, noting in part the re-emergence of Indonesian-military backed militias. The West Papua Advocacy Team appealed to US Secretary of State Hillary Clinton to address human rights abuse in West Papua and end assistance to an unreformed, unaccountable and rights abusing Indonesian military that is not under civilian control.
Contents:
- Sweep Operations Imminent or Underway in Papuan Central Highlands?
- Amnesty International Calls for Release of Papuan Peaceful Demonstrators
- Papuan Court Frees Human Rights Advocate
- President Yudhoyono Visits West Papuans But Fails to Meet with Ordinary Papuans
- The Indonesian government has underfunded education for Papuans
- Freeport Security Personnel Join with BRIMOB to Drive Out Local Miners
- Police Reportedly Kill One, Wound Four Near Timika
- Franciscans International Report on Current Situation in West Papua
- Survival International Reports Increased Repression and Violence in West Papua
- WPAT Appeals to Secretary of State Clinton Regarding Human Rights in West Papua
Correction: The January 2009 West Papua Report, under the heading “Military Occupation of West Papua Continues Despite Absence of Security Threat,” due to a drafting error, conveyed the false contention that Papuan human rights groups, religious leaders and academics had only adopted a non-violent struggle for rights “over the past decade.” In reality, these groups and individuals have consistently pursued their rights through nonviolent means since the beginning of their struggle.
Sweep Operations Imminent or Underway in The Central Highlands?
Recent developments in Puncak Jaya District of the central highlands area suggest a return to Indonesian security sweep operations which in the past had led to collective punishment targeting local villages. In recent years these operations have resulted in the death of scores of Papuans and displacement of thousands. Indonesian authorities have set a deadline of three weeks for the return of weapons supposedly stolen January 7 from a police station in Tingginambuh within Puncak Jaya District.
According to reports from the area, schools and government offices are closed. An unconfirmed report from the area contends that that Indonesian military (TNI), BRIMOB and Indonesian police have launched raids on villages around Tingginambut, setting fire to houses and killing two.
Separate reports sourced to a local official and a Papua Customary Council representative claim that on January 18, approximately 500 police attacked the village of Tingginere in Puncak Jaya burning 30 houses and killing 32 heads of livestock (pigs). Reportedly, villagers fled to a neighboring villages. Police have admitted to a search operation in Tingginere but not to any destruction. They claimed they were looking of the weapons stolen earlier in January.
Police reported a clash with members of the Free Papua Movement (OPM) in Tingginambut (Puncak Jaya District) on January 16. Police claimed the OPM element to be the Goliath Tabuni unit and that one man, Yendanak Wonda, was wounded in the skirmish. The spokesperson for a respected NGO, the Institute for the Study and Advocacy of Human Rights (ELSHAM), said that the clash was over police attempts to burn several local houses which OPM elements sought to stop.
Amnesty International Calls for Release of Papuan Peaceful Demonstrators
On January 15, Amnesty International issued a press release that called for the immediate and unconditional release of 11 Papuan protestors who have been convicted and sentenced to three years or more in prison for non violent protest, specifically for display of a banned flag. Amnesty International, in its press release, also called on the Indonesian government to withdraw the 2007 government regulation that bans the display of what are alleged by the government to be separatist flags.
The 11 activists were arrested in March 2008 during a series of peaceful public demonstrations. The District Court in Manokwari, initially sentenced the activists to eight month’s imprisonment. On appeal, the Papua’s provincial High Court upheld the guilty verdict on 9 January and extended their sentences. Prominent activist Jack Wanggai was sentenced to three-and-a-half years and 10 others were given three year sentences. The 11 activists were charged with ‘rebellion’ under Article 106 and 110 of the Indonesian Penal Code. These activists join other Papuans incarcerated for peaceful political protest, including Filep Karma and Yusuf Pakage who were the subject of a 2008 appeal for justice by 40 members of the US Congress.
“Imprisoning protesters for three years just for raising a flag seems designed to make an example of these people in an effort to intimidate other Papuans activists,” said Donna Guest, Deputy Director of Amnesty International’s Asia-Pacific Program. Amnesty International also pointed out that the arrest and conviction of these protesters violated their right to free expression, opinion and association guaranteed under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party.
In describing the background to the latest arrests, Amnesty International noted: “Papua, Indonesia’s eastern-most province, has witnessed a deteriorating human rights situation over the past few years. The indigenous population, ethnically distinct from other parts of Indonesia, has increasingly questioned the Indonesian government’s policies regarding Papua’s natural resources and the migration of non-Papuans into the area. The Indonesian government maintains a heavy police and military presence, whose members have faced accusations of intimidating and threatening members of the local indigenous community who support greater autonomy or independence from Indonesia through peaceful means.”
Papuan Court Frees Human Rights Defender
The Jayapura District Court, on January 29, freed human rights lawyer Iwanggin Sabar Olif (AKA Sabar) of all the charges brought against him. Amnesty International (AI) in a January 29 public statement observed: “Iwanggin Sabar Olif should never have been arrested in the first place. His detention from October 2007 to January 2008 and his subsequent trial took over 15 months, which prevented him from carrying out his legitimate work as a human rights defender in Papua.” AI also pointed out that Hina Jilani, then UN Special Representative on Human Rights Defenders, said in her report after her June 2007 visit to Indonesia, procedures should be “instituted to prevent the prosecution of human rights defenders aimed at their harassment for conducting activities that are legitimately a part of their function for the defense of human rights.”
Iwanggin Sabar Olif was charged under Article 160 of Indonesia’s Criminal Code for “inciting in public to commit a punishable act, a violent action against the public authority or any other disobedience”. This article, which carries a maximum sentence of six years’ imprisonment, has been used in the past against human rights defenders in Indonesia, including in Aceh, Java, East Kalimantan and Maluku, to suppress freedom of expression and assembly.
In its statement AI called on the Indonesian government “to ensure that Article 160 is no longer used to undermine the right to freedom of expression, which is guaranteed in its Constitution and in the International Covenant on Civil and Political Rights (ICCPR) to which Indonesia is a state party.”
President Yudhoyono Visits West Papua But Fails to Meet with Ordinary Papuans
A January 23 Jakarta Post article reported on the January 22-23 visit of President Yudhoyono to Manokwari in West Papua’s “bird’s head” region. The President took the occasion to inaugurate 10 projects worth nearly $20 million, including road and bridge development, river rehabilitation and the construction of the Raja Ampat beach wall. Yudhoyono also provided Rp 510 billion for the rehabilitation and reconstruction of the province in response to the January 4 earthquake and announced loans from Bank Mandiri of Rp 11.22 billion, from Bank BRI of Rp 16.09 billion and Bank BNI of Rp 8.42 billion.
Yudhoyono also provided Rp 154.7 billion for the National Self Reliance Community Empowerment (PNPM) program for people in 8 regencies and municipalities. The loans are for fishing boats which will belong to the government but which will be loaned to people until they can afford to buy new boats. The PNPM program has been criticized for being manipulated by Yudhoyono’s Democratic Party for political purposes.
Besides inaugurating the projects, Yudhoyono also donated 3000 packages of food staples for Manokwari residents while First Lady Ani Yudhoyono handed over a car and a motorcycle for a school. In addition to the First Lady, Yudhoyono was accompanied by Coordinating Minister for People’s Welfare Aburizal Bakrie, Home Minister Mardiyanto, State Secretary Hatta Rajasa, Public Works Minister Joko Kirmanto, Social Services Minister Bachtiar Chamsyah and the Indonesian Military Chief Gen. Djoko Santoso.
TAPOL reports that the visit of President Yudhoyono was confined to meetings with local officials and that he at no point met with ordinary Papuans. Moreover, during the visit, he was surrounded by a large, heavily-armed security force giving . TAPOL notes, that the precautions reflected a “deep mistrust of Papuans and an unwillingness to use the occasion to listen to their concerns and grievances.”
In the days leading up to the visit, Indonesian security personnel warned against demonstrations or protests.
Failing The Children of West Papua
Papua’s Cenderawasih Pos, on 29 January, reported that Indonesia’s national budget for 2009 failed to fund free compulsory education for the poorer inhabitants of West Papua. The Institute for Civil Society Strengthening, ICS, in Papua and the Indonesia Forum for Budgetary Transparency both spoke out against this shortfall.
While the Law on National Education stipulates that 20 percent of the national budget should be allocated to education, in Papua, in fact it only amounts to 4.7 percent. Moreover, the Special Autonomy Law of 2001 stipulates an even greater provision for education, namely 30 percent of the budget, whereas the actual amount is 24.18 percent.
But it gets worse. As much as 84.51 percent of this reduced amount goes to the payment of salaries, allowances and bonuses and office administration, which means that the actual amount available for the people’s education is only 15.49 percent, for a total of Rp31.52 billion.
The Cenderawasih Pos notes that this means, according to Budi Setyanto of the ICS, that the promise of free education made by the governor of the province and the national government has not been kept. He added, “this contradicts the promise that nine years of education at primary and lower secondary school level for the children of the poorest Papuan families would be provided free of charge.” The ICS rep stressed that it is extremely important for the provincial administration to comply with the requirement under the Special Autonomy Law to allocate at the very least 30 percent of the budget to free education for the poorest groups in the territory.
TAPOL, the UK-based human rights advocacy organization observes: “The lack of free education for Papuan children is clearly a contributing factor to the inability of Papuans to compete with migrants from other parts of Indonesia in running the economy and other sectors of public life.”
Freeport Security Personnel Join with BRIMOB Forces to Drive out Local Miners
According to the January 24 Jakarta Post, the U.S.-based Freeport McMoran on January 22 used Indonesian security personnel to clear out Papuans who had been conducting traditional gold mining operations in the vast waste produced by the company mine near Tembagapura in West Papua. The local people had been working the tailings and waste which Freeport had dumped into the Kabur River at Kilometer 74.
The eviction operation entailed closing down 22 camps the miners had established in the vicinity of Kilometer 74 at the northern end of the road connecting Timika and the mine. The Mobile Brigade’s Amole V task force (BRIMOB) which is specifically assigned to protect Freeport, lead the operation which included over 200 police personnel plus 4 additional platoons of the Brimob personnel. (BRIMOB is a militarized police force which especially brutal with responsibility for well-documented human rights atrocities throughout Indonesia.) Freeport security personnel also participated in the operation.
There was no independent monitoring of the operation by media or NGOs. In the past such operations have been violent resulting in casualties. The police claimed that after initial “resistance” the miners were removed from the area. Reports indicate that the miners’ appeal for compensation for the camps and equipment that were lost was rejected.
The local police chief said that the security action was prompted by Freeport complaints that the local miners were “obstructing the company’s production operations.” He also claimed that pushing the local people out of the area “was for their own good.” A Freeport spokesman indicated that more such operations are planned possibly targeting a similar camp at Kilometer 38.
Police Reportedly Kill One, Wound Four in Timika Violence
Various media have reported extensive violence in Timika on January 27 as police fired on hundreds of demonstrators angry over the reported police killing of a man in a bar fight. The demonstrators, apparently migrants and not Papuan, attacked the local police station, a market and other locations, drawing fire from police which reportedly wounded four of the protesters. Protesters were reportedly armed with homemade guns, machetes and wooden stakes.
According to a January 28 report in the Jakarta Globe, the National Human Rights Commission has been monitoring the Timika police because of numerous cases of officers as well as military personnel allegedly shooting civilians, many of which remain unresolved.
It was unclear whether the police action in clearing out itinerant miners described in the preceding report was connected with this violence only days after the police operation.
Franciscans International Report On Current Situation in West Papua
Franciscans International (www.franciscansinternational.org) offers a current “Factsheet” regarding recent developments in trends in West Papua. The Factsheet notes in part:
Destruction of the environment has resulted in violation of economic, social and cultural rights, exacerbating extreme poverty among indigenous Papuans (80% of Papuans live in poverty) particularly through denial of access to education and income.
Major threats to both the environment and lives of indigenous communities whose survival depends on natural resources are: illegal logging, mining and resulting (mine) waste, river pollution and the expansion of palm oil plantations.
More than 242 individual cases of torture and ill treatment have been recorded from 1998 to 2007. This number excludes military operations resulting in collective punishment against villages and other instances of military abuse….
The security apparatus, under the guise of quashing ‘separatists,’ routinely uses torture, illegal treatment and violence against civilians, including women and children.
Survival International Reports Increased Repression in West Papua
In a 28 January report, Survival International points to mounting evidence of increased State violence and repression in West Papua. It cites recent killings and shootings committed by State Security forces: including “at least four Papuans ‘accidentally’ shot dead by police in West Papuan towns since Christmas” It also notes that four bodies have been found dumped by the side of the road or in rivers and that security forces have destroyed houses.
In addition, on January 9 Indonesian courts extended the sentence of 11 peaceful protesters from eight months to three years (see above). Survival international also reports “renewed activity, supported by the Indonesian army, of the notorious Islamic militia group, Merah Putih (Red and White), in the highland town of Wamena.”
The update concludes that “Papuan leaders fear that the shootings, killings and re-emergence of the militia suggests that the Indonesian authorities are trying to destabilize the already fragile situation in West Papua and generate even greater violence.”
Other items in this issue of the West Papua Report, noting violence in Puncak Jaya, near Tembagapura and Timika supports Survival International’s conclusion of increased repression. (See full report at http://www.survival-international.org/tribes/papuan)
WPAT Appeals To Secretary Hillary Clinton Regarding Human Rights in West Papua
The West Papua Advocacy Team on January 21 appealed to Senator Clinton to work to end repression of peaceful protest in West Papua and to restore conditionality to any US military cooperation with the Indonesian military and intelligence agency. Text of that appeal follows:
Dear Senator Clinton:
The West Papua Advocacy Team (WPAT) wishes to congratulate you on your assumption of the office of Secretary of State. Your record as a champion of human rights and the rule of law gives hope to those who struggle for their human rights against brutal repression. We strongly agree that those who exercise brutal repression of their peoples are, in the words of President Obama, “on the wrong side of history.” We trust that his unequivocal assertion of America’s commitment to human rights and your own leadership in development and implementation of US foreign policy will ensure a principled stand on behalf of those for whom justice is still only a dream.
The struggle for human rights is especially arduous in the Indonesian province of West Papua which has been under Indonesian control since 1969 when a purported “act of self-determination,” widely regarded as fraudulent, secured Indonesian control of this area. For over four decades Indonesian security authorities, principally the Indonesian military, have employed extreme brutality to repress Papuans who have demanded political rights, and an end to destructive exploitation of their vast natural resources. Papuans have broadly rejected a six-year old Indonesian promise of “special autonomy” as an unfulfilled pledge and are urging an internationally mediated dialogue between the Indonesian government to address long-standing Papuan demands for fundamental political rights, demilitarization of the province and a Papuan role in immigration, development and other policies that fundamentally affect the Papuan people.
Among those in especially urgent need of US foreign policy founded on consistent promotion of human rights are Papuan prisoners of conscience incarcerated for exercise of their right to peaceful dissent. In the latter months of the 110th US Congressional session, 40 members of the US House of Representatives signed a letter to Indonesian President Yudhoyono calling for justice with regard to two Papuans, Filip Karma and Yusuf Pakage, jailed for peaceful assertion of their right to protest. Both are designated “prisoners of conscience” by Amnesty International.
The West Papua Advocacy Team also wishes to call to your attention the recent conviction by Indonesian courts of yet eleven more Papuans who were found guilty of subversion and sentenced on the 8 January 2009 to jail terms of three and three-and-a-half years. These individuals were arrested in March 2008 for involvement in peaceful, non-violent demonstrations. They now join prisoners of conscience Karma and Pakage and dozens of Papuans who similarly have been jailed for non-violent protest which is protected by Indonesian law and by international conventions to which Indonesia is a party. It is important to note that the Papuans who are incarcerated in the Indonesian penal system in which a recent UN report noted torture and maltreatment is widespread.
The Indonesian court’s conviction of these Papuans stands in stark contrast of the chronic failure of the Indonesian judicial system to effectively prosecute senior Indonesian military and intelligence officials for their roles in violent acts against Papuans and other Indonesian and East Timorese civilians, including the massacre of thousands of East Timorese and the 2004 murder of the leading human rights advocate and military critic Munir Said Thalib.
We urge that the new administration develop a plan to encourage the democratizing Indonesian government to respect human rights, and especially to end its repression of peaceful dissent in West Papua and elsewhere in the Indonesian archipelago. Papuan prisoners of conscience should be released.
Finally, we also also urge you to demand fundamental reform of the Indonesian military which continues to abuse human rights, is unaccountable before Indonesia’s flawed judicial system and which is not subordinate to civilian government control. The incoming administration should not provide assistance to an Indonesian military or an Indonesian intelligence agency which remain unreformed and unaccountable to the Indonesian people.
West Papua Report
January 2009
This is the 56th 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.
Summary
A major earthquake struck near Manokwari January 4 killing at least 5 and injuring many. The city airport was rendered unusable by damage to the runway and electricity was also cut. An Australian medical journal has drawn on reporting by other peer-reviewed medical journal, media and NGO reporting to compile a detailed account of the growing humanitarian crisis confronting Papuans. Another report by an Australian NGO describes an early December assault on members of a Nabire church congregation that was engaged in a peaceful dissent. Indonesian police have arrested another peaceful rights advocate, Sebby Sambom, who at the time of his arrest was calling for the release from police detention of Buchtar Tabuni, now in custody for peaceful dissent activity. Tempo magazine describes the limited weaponry available to the armed resistance in West Papua, and the growth in its place of nonviolent struggle for rights by Papuans. Notwithstanding this development, the Indonesian military maintains a large, unjustifiable presence in West Papua. A report details the various groupings among Papuans struggling for their political rights. The massive Freeport McMoran mine has fallen on hard times with deflated copper prices necessitating cutbacks in personnel. Notwithstanding the cutbacks, Freeport, as noted by an Australian medical journal, continues to have a devastating impact on West Papua’s environment and the health of Papuans. In the US, several NGOs held meetings with US Congressional offices and the US State Department to raise human rights and humanitarian concerns related to West Papua, noting in passing, that “Special Autonomy” is a failed option in the view of most Papuans. In a final commentary, WPAT notes that the failure of Indonesian courts to convict a retired senior TNI officer for his central role in the 2004 murder of leading human rights advocate Munir has dire implications for all human rights defenders in Indonesia, especially in West Papua.
Contents:
- Major Earthquake Strikes Near Manokwari
- Australian Medical Journal Describes Dearth of Healthcare Infrastructure in West Papua and Alarming Health Data
- Police Shoot and Beat Papuans in Church Dispute
- Military Occupation of West Papua Continues Despite Absence of Security Threat
- One Star or Fourteen?
- Freeport McMoran, Facing Dire Financial Straits
- ETAN Urges Restrictions on Any Assistance to TNI Noting Especially TNI Abuses in West Papua
- NGO’s Meet with Congressional Offices and State Department Regarding West Papua
- Comment: Failure to Convict in Munir Killing Has Dire Implications for All Indonesian Human Rights Advocates
Major Earthquake Strikes Near Manokwari
A 7.6 point earthquake, January 4, has killed some and injured many in northwest West Papua. The quake, and a subsequent one measured at 7.3 points destroyed two hotels and other buildings in Manokwari, a city of 167,000. The city’s airport was closed because of quake damage, and electricity service was knocked out. Also affected were the city of Sorong and Biak Province. President Yudhoyono dispatched the Ministers of Transportation, Public Works and Social Affairs to West Papua on January 4 to assist in coordinating relief for the affected area. The effects of the quakes was felt as far away as Australia and a small tsunami was registered on Japan’s southern coast.
Australian Medical Journal Describes Absence of Healthcare Infrastructure in West Papua and Alarming Health Data
The Medical Journal of Australia in its December 15 issue notes growing international focus on the deteriorating health and human rights environment in West Papua. It cites the Guardian newspaper and the UK health publication the Lancet, as well as reporting by NGO Médecins du Monde which describe the marginalization and impoverishment of indigenous West Papuans. The Australian report observes that health care standards are lower in West Papua than in other regions of Indonesia. District health data from the Puncak Jaya district indicate that infant mortality is about 85-150 per 1000 live births, with the figure for those under 5 years of age being 30-50 per 1000. Treatable diseases, particularly pneumonia and diarrhea, are common causes of mortality in children.
Data from across West Papua suggest that malaria, upper respiratory tract infections and dysentery are the major causes of childhood morbidity. Maternal mortality is three times higher than for the remainder of Indonesia, standing at 500-1000 per 100,000 births, with postpartum hemorrhage being a major cause.
Notwithstanding claims of increased funding for West Papua under “Special Autonomy” the journal finds that medical facilities are understaffed and under-resourced. The ratio of doctors to population varies according to the area, ranging from 1:2000 to 1:23,000, with doctors being concentrated in urban areas. A Puncak Jaya legislative board report held by Médecins du Monde (Puncak Jaya District Health Office, 2008) indicated that only 8 percent of the district budget is allocated to health services. Clinics face a shortage of essential medications. Underfunding and lack of support have resulted in key personnel abandoning their posts, further undermining the already fragile district-level health services.
According to the Australian foreign aid organization AusAID, the rate of HIV/AIDS in West Papua is 1.03 percent compared with 0.17 percent in the remainder of Indonesia. AusAID estimates that by 2025, the adult prevalence of HIV/AIDS in West Papua could rise to 7 percent, compared with a projected 1.08 percent for the remainder of Indonesia. Data from Médecins du Monde indicate a growing HIV epidemic in the highlands, with an estimated population prevalence of 2.9 percent. Rapid social change associated with population movements increases the risk of spread of HIV to many areas in West Papua, including the highlands.
Another Papuan Jailed for Peacefully Asserting Rights
Sebby Sambom, a Papuan human rights advocate, was arrested in Sentani-Jayapura December 17 at a gathering at the grave of Papuan political leader Theys Eluay who was murdered by the Indonesian military in 2001. Police reportedly presented no arrest warrant, nor explained charges against Sambom as they bound him and took him away. Sambom had been holding a press conference in which he called for the release of imprisoned political activist Buchtar Tabuni from police custody (see December 2008 West Papua Report for detail on Tabuni’s detention). Both men have been jailed for peacefully asserting their civil/political rights.
There is reliable but as yet unconfirmed reporting indicating that Sambon, like Tabuni, has been physically abused while in police custody. Sambom is a committee member of the Papuan branch of the London-based International Parliamentarians for West Papua (IPWP) that was launched in London, October 15, 2008. (See IPWP’s website: http://ipwp.org/). Tabuni is chairperson of the Papuan IPWP support organization.
Police Shoot and Beat Papuans in Church Dispute
The Australia West Papua Association (Sydney) reported on December 9 that in early December, Indonesian police (including the militarized police or “BRIMOB”) attacked members of the GKIP church (Gereja Kemah Injil Papua/Tabernacle Bible Church of Papua) in Nabire West Papua. In all, 12 members were beaten, 5 students shot and wounded.
The Association’s report of the incident follows:
Indonesian police including Brimob attacked Papuan members of the GKIP church (Gereja Kemah Injil Papua/(Tabernacle Bible Church of Papua)) in Nabire West Papua. 12 members were beaten including 5 students who were shot.
The incident which occurred on the 3rd and 4th of December was over the ownership of a church in Nabire called the Bethesda Church which is the property of the GKIP (Papua Kingmi Church). However the church is claimed by a local priest, Roy Raja as the property of GKII (Indonesia Kingmi Church).
(In 2006,the GKIP officially separated from GKII, but following allegations that the GKIP Kingmi Church was supporting the Papuan self determination struggle members of GKII rejected the autonomy of the Papuan church) .
At a proposed ceremony of the establishment of the church which had been refurbished, the GKIP demanded that the name of the GKIP church should be used on the front of the church, otherwise the ceremony would be cancelled. The Papuan congregation of the GKIP (Papua Kingmi Church) sat in front of the church in a peaceful protest but the Indonesian Kingmi Church (GKII) called on the Indonesian Police to support them.
The Indonesian police including Brimob (the TNI were present looking on) instead of trying to solve the problem attacked the Papuan congregation shooting and beating them resulting in 5 students been shot and others beaten with rattan sticks.
Military Occupation of West Papua Continues Despite Absence of Security Threat
The December 23-30 Tempo Magazine carried a report on the armed Free Papua Organization (the OPM) which noted the organizations declining strength and lack of central leadership.
The report claims that following the fall of the Suharto dictatorship the never-large OPM has weakened further. It cited former OPM commander as acknowledging that the OPM lacks ammunition and relies on bows and arrows. Some former leaders have left the country.
This account of a debilitated OPM is contradicted by soon to be published reporting that demonstrates OPM retains small arms. The principal source for this reporting emphasizes however, that TNI troop strength, armament and access to helicopters and air to ground high performance aircraft vastly exceeds the capability of the OPM.
Over the past decade human rights groups, working closely with religious leaders and Papuan academics, have turned away from armed struggle and adopted in its place a loosely coordinated nonviolent struggle for Papuan rights, including self determination. Key Papuan advocates of nonviolence such as John Rumbiak persuaded those bent on violence that such efforts were futile and would not win international sympathy. The turn from violence has in fact led to growing international concern and support.
Notwithstanding the limited capacity of the armed Papuan resistance to what is widely seen as Indonesian occupation, the Indonesian military (TNI) maintains a large force of tens of thousands of personnel, backed by intelligence operatives and contingents of the brutal militarized police (BRIMOB). Jakarta’s persistence in pursuing what is known in Indonesian as the “security approach” to a non-existent threat is a principle source of the continuing violations of human rights in West Papua. The TNI for example periodically stages “sweep operations” purportedly targeting the OPM, which in reality cause great harm to civilians, destroying villages and forcing villagers into life-threatening flight to the surrounding jungles. Military exploitation of Papuan natural resources, especially illegal logging and extortion of legitimate foreign and domestic businesses, meanwhile, brings great wealth to TNI coffers.
One Star or Fourteen?
For many years Papuans have drawn on the Morning Star flag as a symbol and an inspiration in their struggle for cultural and political rights. The one-star flag was first flown by Papuans on December 1, 1961 at the beginning of the brief interlude between Dutch control and Indonesian annexation. With the exception of the period of rule by President Abdurrahman Wahid (Gus Dur), Jakarta has banned use of the flag, even as a cultural symbol, imprisoning for many years Papuans who peacefully display the banner.
A December report by Tempo notes that there are a number of organizations in West Papua that now acknowledge the Morning Star as the symbol of independence. These include the Papuan Traditional Council, the Papuan Presidium Council, and some student groups.
The Papuan Traditional Council and the Papuan Presidium Council grew out of the Papuan People’s Congress which convened from May 29 through June 4, 2000 under the leadership of the prominent Papuan Theys Eluay. He was murdered in 2001 by the military (four Kopassus or “special forces were convicted and received light sentences after being described as “heroes” by the TNI commander).
After Theys’s murder one of the movement’s figures, Tom Beanal, a prominent human ‘rights campaigner from the Amungme tribe who has long challenged Freeport’s assault on local peoples’ rights was chosen leader. He assumed the role of Chairperson of the Papuan Traditional Council serving concurrently as the Chairperson of the Papuan Presidium Council from 2002 to 2007.
The current chairperson of the Papuan Traditional Council, Forkorus Yoboisembut, told Tempo that Council is represented in seven customary regions, among which are the bordering area with Papua New Guinea, Saireri, Animba and Jayawijaya.
Less well known is a fourteen star flag which some Papuans have employed as their symbol for civil, cultural and political rights. A December 23-30 Tempo reportdescribes the “14 Stars group” as celebrating Papuan independence day as December 14, 1988. The 14 stars group was led by Thomas Wainggai who died in 1996 in Cipinang Prison, Jakarta, under unexplained circumstances. Tempo notes that the successors of 14 Stars movement are, among others, Jacob Rumbiak and Herman Wainggai, who was later granted asylum in Papua New Guinea and Australia.
Tempo describes the 14 stars movement of seeking independence for Papuan people and their unification with the Melanesian race which is spread throughout the southwest Pacific.
A derivative of 14 Stars movement founded by Jacob Rumbiak, is the West Papua National Authority which is preparing a congress of West Papua National Authority, in 2009. “We want to unite various elements of organizations aspiring independence for West Papua,” said President of Congress Authority, Rev. Teriyoku. There is also a West Papua National Coalition for Liberation that is oriented toward 14 Stars. This organization was founded on December 20, 2005 by Richard Yoweni.
Freeport McMoran, Facing Dire Financial Straits, Nevertheless Continues Its Grave Damage to West Papua
Bloomberg, in late December, described the giant copper and gold mine Freeport McMoran as “trapped” in the international “copper collapse.” The Bloomberg report said that after enduring the status of the worst performing stock among the North American mining companies in 2008, it may not fare much better in 2009. Freeport shares have fallen 79 percent, the biggest loss in the 16-member Philadelphia Gold and Silver Index and the steepest decline since the shares started trading in 1996. The company cut its U.S. workforce by 20 percent and trimmed production plans for next year by 5 percent after delaying production at two mines in November. A separate Reuters report earlier in December noted that it had cut 75 jobs from its Jakarta headquarters but that it continues to employ approximately 12,000 workers at the main Grasberg site in West Papua.
Meanwhile, the Medical Journal of Australia, in December, published an overview of the health and human rights environment in West Papua (see above). It drew upon reporting in the UK “Guardian” which claimed that mining operations in West Papua are not complying with adequate health and safety standards, resulting in the release of toxic waste into rivers, destruction of natural vegetation, deforestation and flooding. These charges have been credibly leveled against Freeport for many years, particularly with regard to its destruction of the Ajkwa river system which it uses as a tailings dump.
The Guardian report, cited by the Medical Journal, notes that as a consequence of the environmental damage, local communities are facing the loss of their traditional livelihoods and mass displacement from their lands. In addition, the influx of large numbers of migrants from other parts of Indonesia to work in the mines (such as to the largely migrant city of Timika which services the Freeport mine) is leading to fundamental changes in the demography and culture of affected regions.
Unchecked migration continues to displace the poorest people from jobs and land, invariably the indigenous Papuans. According to the Guardian report, the risk is that Papuans will become a minority group in their own homeland. Whereas indigenous Papuans comprised 96 percent of the population in 1971, they accounted for only 59 percent in 2005.
ETAN Calls on Obama Administration to Press Jakarta on Human Rights
The East Timor and Indonesia Action Network, ETAN, has urged the incoming Obama administration in the U.S. to put more pressure on Indonesia to address human rights violations in Papua region. ETAN’s John M. Miller says that the U.S. could help encourage Indonesia’s security forces to improve their conduct in Papua by threatening to restrict military assistance again. Miller says that since the U.S. began incrementally to reinstate military assistance to Indonesia in 2002, the process of reform has stalled within the army which still enjoys widespread impunity in Papua for crimes against humanity. He hopes that the new U.S. Democratic administration will engage with Indonesia in a different manner from how the Republicans did. “That’s not clear yet. it will probably take a lot of public pressure and, I think, a realization that this strategy of engagement hasn’t really worked and the Bush administration always said they were for human rights accountability, they wanted to see military reform. They claimed they shared the same goals as we did, but we very much disagree and have disagreed with the Pentagon all along about the way to do that.”
see also Foreign Policy in Focus – Obama: Stand Up to the Indonesian Military - http://etan.org/news/2008/12fpif.htm.
NGO’s Meet with Congressional Offices and State Department Regarding West Papua
Representatives of Amnesty International, Save America’s Forests, ETAN, and the West Papua Advocacy Team met with Congressional staff and with State Department officers over a three day period in early December. The groups briefed Congressional and Senate staff regarding recent developments in West Papua, including the plight of prisoners of conscience Yusuf Kalla and Filep Karma; the devastating impact of illegal logging; continued human rights abuse, especially by the Indonesian security forces and the failure of “Special Autonomy” to provide basic health and other humanitarian services to the Papuan people.
Meetings in the State Department afforded the groups the opportunity to explain the failure of Special Autonomy and the need for the US Government to seek a new formula for addressing pressing needs among Papuans, including respect for their fundamental human rights, protection of Papuan resources and provision of essential services.
Comment: Failure to Convict A Senior Retired Military Figure in Munir Killing Has Implications for All Human Rights Advocates
The December 31 South Jakarta District Court’s failure to convict Major General (retired) Muchdi for his role in the 2004 murder of Indonesia’s leading human rights advocate Said Thalib Munir underscores that the Indonesian military retains impunity within the Indonesian justice system. The case against Muchdi, as developed in part by an independent Presidentially-appointed panel, was poorly prosecuted.
The state prosecutors failed to prosecute the case as a conspiracy which would have focused on Muchdi’s lead role in the killing. Muchdi was at the time the deputy chief of the state intelligence agency, “BIN.” The failure to effectively prosecute and convict Muchdi betrays President Yudhoyono’s 2004 pledge to make prosecution of this crime a “test of justice” in his administration. More profoundly, it represents a clear warning to human rights advocates and those pressing for their political rights that in Indonesia, exercising political rights, especially if that exercise entails criticizing the military poses grave risks. If even as prominent a rights advocate as Munir can be murdered with impunity, less well-known figures, particularly in places like West Papua which is shrouded in travel restrictions and endemic intimidation, are especially vulnerable.
West Papua Report
December 2008
This is the 55th 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.
Contents:
- Thousands of Papuans Demonstrate Peacefully, Calling for Independence
- Papuan Academics call for a Human Rights Court and Reconciliation Commission for West Papua
- Papuans Peacefully Demonstrate against Militarism
- Secession Threats Raised in West Papua and Elsewhere over Passage of Islamic Law-Based Legislation
- Papuan Governor Suebu to Launch Anti-HIV/AIDS Campaign as the Disease Spreads Explosively in West Papua
- Papuan Governor Suebu Describes “Special Autonomy” Implementation as “Chaotic”
- National Seminar Discusses “Marginalization” of Papuans; Racism Cited as An Underlying Cause
Summary
As thousands of Papuans demonstrate peacefully, calling for an end to Jakarta rule, the Papuan Governor decried the failure of Jakarta to implement “special autonomy,” which he described as initially introduced as an alternative to independence. He noted the cost in human terms of Jakarta’s failure to implement the legislation including failure to provide basic services for Papuans. This he indicated bore grave consequences for the Papuan population now confronting an explosion of HIV/AIDS infection.
Separately, Papuan academics have called for a human rights court and national reconciliation commission another unfulfilled pledge of the six year old special autonomy legislation. A national seminar convened in Jakarta echoed these concerns concluding that Papuans had been marginalized in their own land. One non-Papuan speaker noted the role of racist attitudes in Jakarta’s dealings with Papuans. Passage of a new Sharia-based anti-pornography law reflecting exclusively Islamic values has prompted calls for secession by some Papuans and in other communities within the Indonesian archipelago where Islam is not the dominant religious confession.
Comment: These developments reflect the observation of a prominent Papuan academic who when asked if he considered himself an “Indonesian,” responded, “that is the wrong question: the simple fact is that Indonesians do not consider me to be an Indonesian.”
Thousands of Papuans Demonstrate Peacefully for Independence
On December 1, the day Papuans set aside to commemorate the interlude of Papuan independence between the end of Dutch colonialism and the Indonesian annexation. In Manokwari, AFP reports, approximately 2000 demonstrators marched carrying banners calling for independence. The demonstrators were peaceful, although police detained and beat one man who reportedly was carrying a banned “Morning Star” flag. In Nabire approximately 10,000 gathered peacefully for a prayer meeting under the watchful eyes of several hundred police and military personnel. A smaller group of approximately 700 Papuans demonstrated without incident near Jayapura. They gathered near the grave of Papua Presidium Council (PDP) head Theys Eluay who was strangled to death by TNI (special forces or “Kopassus”) personnel in 2001. Speaking there (PDP) Secretary General Taha Alhamid, a Papuan Muslim, told the crowd: “We are poor and suffering on top of a land of wealth.” “We are going to keep holding on until Papua is free.” Papuans at this meeting concluded the demonstration with a call for independence and for closure of the Freeport mining complex and the BP oil and gas development at Bintuni Bay.
Approximately 300 Papuans also rallied in Jakarta.
Papuan Academics Call for Human Rights Court and Truth and Reconciliation Commission in Papua
According to a November 19 Cenderawasih Pos report, several Papuan academics have spoken out regarding the failure of the government to fulfill its obligations under the almost six-year-old “special autonomy” law to establish a human rights court or a “truth and reconciliation commission” in West Papua
Ferry Kareth SH said these two bodies were very important and warranted an immediate response to the demands of many people. Speaking specifically of the need for a commission, he drew attention in particular to the issue of West Papua’s forced annexation by Indonesia under the guise of the 1969 fraudulent ‘Act of Free Choice.’ “This is a question that must be understood in particular by the powers-that-be who all too frequently use authoritarian methods to handle issues in Papua,” he said.
With regard to a human rights court he added, “a Human Rights Court should also be set up because, like it or not, the fact is that there have been many human rights violations in the past. The Court is needed in view of the practice of genocide, the disappearance of a number of groups or communities and the commission of crimes against humanity.” He pointed out that the only trials to have been held so far took place in Makassar in South Sulawesi whereas the violations occurred in Papua.
Peaceful Demonstration Against Militarization of West Papua
The November 4 Cenderawasih Pos reports that scores of Papuans from the Coalition for Human Rights in Papua demonstrated in Jayapura in early November calling for removal of the Indonesian military (TNI) from West Papua. They demonstrated under the banner “End Militarism in Papua.” They also called for space for democracy in West Papua and protested in particular against the actions taken by the military and police against their action on 20 October (see the October West Papua Report). The group also marched to the regional assembly (DPRP) offices demanding to know whether it supported the recent arrival of additional troops in West Papua. Among several speakers was Buchtar Tabuni who had helped organize the October 16 demonstrations welcoming the launch of the International Parliamentarians for West Papua, which was held in London October 15.
The Chairman of the DPRP, John Ibo spoke to the crowd and said that it was his intention to hold a forum for about the question of the troops now in Papua to which he would invite the commander of the XVII Military Command.
A statement that was read out during the demonstration made the following six demands:
1. End security force arrests and repressive actions which target peaceful actions by the Papuan people
2. Stop armed forces intervention into the university campus.
3. Take action against those responsible for the August 9 shooting of Opinus Tabuni and the October 20 beatings of Buchtar Tabuni and his colleagues.
4. Stop ongoing legal processes against Dewan Adat Papua Chair Forkorus Yaboisembut and other members of the board of the Dewan Adat.
5. Immediately halt the sending of both organic and non-organic troops to West Papua.
6. Launch a UN peace-keeping force to help solve the conflict in West Papua.
Papuan Threats to Secede Over Implementation of Sharia-based Law
Senior Papuan political leaders are among those Papuans who have threatened secession from Indonesia if the Muslim-dominated national government moves to implement an anti-pornography law that is based on Sharia law. The bill was approved by a large parliamentary majority October 30 although members of two parties walked out.
The predominantly Christian/Animist Papuan population with a culture distinct from that of the rest of the peoples in the Indonesian archipelago have long resisted as racist Jakarta-led efforts to reform Papuan culture, style of dress and artistic expression.
The law defines “pornography” broadly raising fears among Papuans and others that it could be abuse by law enforcement officials and Islamic militias such as the “Islamic Defenders Front” who operate in coordination with and under the patronage of the Indonesian military.
For many non-Muslims the new law has ominous implications. Time magazine (November 17 edition) cited Theophilus Bela, chairman of the Christian Communication Forum (not a Papuan), on the meaning of the legislation: “The law imposes the will of the majority that embrace Islam, is a form of religious discrimination and against the spirit of tolerance taught by the country’s founders,” says “It is an effort to divide the country.”
In addition to Papuan protest, the leadership of three other provinces with significant non-Muslim populations, Bali, Yogyakarta and North Sulawesi, have announced that they will not enforce the law. Jakarta has yet to react to these challenges.
President Yudhoyono has 30 days in which to sign or veto the legislation after which it automatically becomes law. He must also issue implementing regulations to make the law effective.
Governor Suebu To Launch Anti-HIV/AIDS Campaign
According to the Cenderawasih Pos, November 19 November, governor of Papua, Barnabas Suebu believes that HIV/AIDS now poses a serious threat to the very existence of the Papuan people. Speaking at a meeting of Stake-Holders to Accelerate Efforts to Combat HIV/AIDS, the governor said that he was not dramatizing the problem and proposed that Papuans “declare war” on the disease,’ he said. He said that would declare December 1 (World AIDS Day) he would declare a day to launch a massive movement among all Papuan people to combat AIDS and other diseases.
He said that the problem was largely the result of uninhibited sex, caused in the first place by the consumption of alcohol. He had therefore decided to prohibit the distribution of alcohol everywhere, except in hotels. “There must be no selling of alcohol in stalls or shops and the police have been instructed to ensure that this is implemented,” he said. He also called for a crackdown on prostitution.
Suebu reported that the incidence of HIV in the Land of Papua in 2006 was 2.4 percent of the population of three million. The disease first appeared in Sorong where so far 700 people have died, in a population of 723,000.
Chairman of the committee, Constant Karma said that the disease accounts for 42 percent of the HIV and AIDS cases in Indonesia.
Governor Suebu Describes Implementation of Special Autonomy as “Chaotic”
Speaking at a seminar to review six years of Special Autonomy (OTSUS) at a seminar at Cenderawasih University in November, Governor Barnabas Suebu said that despite the passage of six years implementation of the law remains “very chaotic.” He added that and not being used according to the objectives of the law. The Governor noted that OTSUS was introduced at a time when Papuan people were calling for independence. In response, the government introduced OTSUS “in an attempt to quell these aspirations.”
The Governor acknowledged that in the wake of the failure to implement OTSUS many Papuans now favor independence, with some favoring special autonomy only as a preparatory path to full independence.
Substantiating his assertions the Governor noted that at a recent meeting of the Provincial Parliament (DPR) regarding the 2009 OTSUS budget, there were moves to cut back the Rp1 trillion allocation. In the end, the DPR agreed to reinstate the allocation. Nevertheless, the funds were not in fact effectively utilized. He explained that district-level administrations arrogate special autonomy money to themselves. A mid-2006 audit revealed that Rp 2 trillion was unaccounted for. “Papuans should not be living in poverty in the midst of the wealth of their surroundings. The fact is that very little of the OTSUS money is going down to the villages because most of it is being used by the bureaucracy.”
The Governor sought to underscore the cost of the failure of Special Autonomy in human terms. A 2006 tour of districts he said revealed “widespread poverty and poor nutrition everywhere, especially among indigenous Papuans. Children of school age are not able to read or write. He described the situation as partly the result of the failure to implement key regulations or to establish controls on the expenditure of funds.
Separately a November 18 Kompas report quotes Governor Suebu as decrying standards of education in primary and secondary schools in Papua. He noted that particularly in the more remote regions as a consequence of an absence of teachers “education at primary and secondary level is in a state of collapse.”
Suebu was specific about the failure of Jakarta to delegate authority need to implement Special Autonomy. He noted that, such as for instance the national forestry department had failed to delegate authority to stop illegal logging. Without the necessary regulations, forest products are now being auctioned off. “This is because the central authorities are unwilling to hand over these powers as stipulated in Special Autonomy law’ he said.
Seminar Looks at Marginalization of Papuans; Racism Cited as One of Many Reasons For Failure to Enforce Human Rights in West Papua
A seminar which concluded November 26 in Jakarta concluded that the special autonomy law has made little difference to the socio-economic and political conditions of its indigenous people. The seminar which was titled, Building a National Support Constituency for the Fulfillment of Papuan Women’s Rights was organized by the National Commission on Violence Against Women. Speakers cited the influx of migrants from outside West Papua as leading to the marginalization of the indigenous Papuan population.
Quoting a 2007 study by an Australian researcher, Lea Kanisia Mekiuw, of the Merauke Archbishop’s Justice and Peace Secretariat, said the growth of the native Papuan population has fallen compared to that of the newcomers, sparking concerns that the indigenous people could lose their homeland to the latter. The study, conducted by University of Sydney’s Center for Peace and Conflict Studies said that the annual growth rate of native Papuans is only 1.67 percent, much slower than that of the non-native Papuans, which is 10.5 percent.
In 1971, the indigenous Papuans constituted 96 percent of the province’s total population of 923,000 people. But in 2005, the proportion changed significantly to 59 percent of 2.65 million people. If the growth rates of the two groups continue at the same pace, Elmslie projected that in 2020, the ratio of native to non-native Papuans would stand at 30:70, and in 2030 the gap could be at 15:85.
Frederika Korain of Jayapura Bishopric’s Justice and Peace Secretariat, speaking at the same event, said notwithstanding the figures cited above based on independent research, there were no official data on the proportion of native to non-native Papuans.
This could be an attempt by the local and central governments to conceal the real conditions of the native Papuans, she added.
She said the special autonomy law, enacted in 2001, also had failed to improve the social and cultural lives of indigenous Papuans. Eighty percent of native Papuans are living below the poverty line, with most local jobs granted to migrants instead of the typically poorly educated indigenous people, Frederika said. “Freeport (the U.S.-based copper and gold mine company operating in Papua) has been the country’s biggest taxpayer since 1967, but 80 percent of native
Papuans still live in absolute poverty. Poverty pockets are evenly spread throughout almost all Papua regencies,” she said at the seminar.
Mekiuw warned that millions of hectares of forests have been and more would soon be destroyed due to the operations of large mining, forestry and plantation firms. She also said that the 2007 split of the region into Papua and West Papua provinces had brought more negative impacts than benefits to the native Papuans, with many locals
being forced to compete with one another to find food to eat instead of sharing an area.
A November 27 Tempo Interactive cited Yenny Rosa Damayanti from the Indonesian Legal Aid and Human Rights Association (PBHI) as noting at the gathering the role of race in policy making and implementation and popular attitudes towards Papuans:
“Because they (Papuans) have different skin color and hair, we feel that they are ‘the others,’ not family.”
She added also that “people apply double standards regarding the military. Everyone rejects the military (being) in civilian areas, yet that are not serious about ending militarism in (West) Papua.”
West Papua Report
November 2008
This is the 54th 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 by the East Timor and Indonesian 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.
Summary:
- International Parliamentarian Group (IPWP) Concerned about West Papua Convenes in London
- Peaceful Papuans Beaten, Detained for Welcoming Launch of IPWP; Indonesian Parliamentarians Protest Launch
- Papuan Religious Leaders Call for Dialogue between Papuans and Jakarta over Fraudulent 1969 “Act of Free Choice”
- Greenpeace Calls for Moratorium on Logging in West Papua
- The Failure of TNI “Reform”
- U.S. Academic Testimony to US Congress Regarding Impact of Freeport Operations on The Papuan People
International Parliamentarians for West Papua Organization Launched in London
On the October 15, the “International Parliamentarians for West Papua” was officially launched by the Chairman of the All Party Parliamentary Group on West Papua in the UK House of Commons, Rt Hon Andrew Smith MP.
The launch took place in the British parliament and was attended by Hon Moana Carcasses Kalosil MP, representing the Vanuatu Parliament; Lembit Öpik MP (UK Parliament); Jeremy Corbyn MP (UK Parliament); and Mr. Benny Wenda, West Papuan independence leader in the United Kingdom. This event was witnessed by West Papuan representatives from the Netherlands, university students (from Oxford, Exeter, Reading, and London), and representatives of UK based human rights and environmental groups.
Melinda Janki (international human rights law expert) presented a paper on West Papua’s legal rights to self determination. Speakers from International Parliamentarians for West Papua included Andrew Smith MP (UK), Lord Harries (UK), Lembit Öpik MP (UK) and Hon Moana Carcasses Kalosil MP (Vanuatu). U.S. Rep. Patrick Kennedy (D-RI) was among those sending congratulatory messages. Other supportive messages came from Australian Senators and MPs from New Zealand, Vanuatu, Papua New Guinea and Guyana.
Peaceful Papuans Beaten, Detained for Welcoming Formation of IPWP; Indonesian Parliamentarians Protest Launch
October 14 – 16 saw widespread rallies and demonstrations throughout the Indonesian archipelago intended to welcome the creation of an international parliamentarian caucus for West Papua (IPWP) in London October 15 (see report above). A major rally in Jayapura drew thousands of Papuans. Additional demonstrations and meetings took place in the West Papuan cities of Sorong and Manokwari, Papuan students outside of West Papua rallied in Makassar, Manado, Jogjakarta, Jakarta, Surabaya, and Bali. Papuans also demonstrated at the Indonesian embassy in Canberra.
In Jayapura, Buchtar Tabuni, chairperson of the Committee for International Parliamentarians for West Papua, was among many Papuans subjected to police scrutiny. He and 17 other Papuans were taken into custody for questioning by Jayapura city police. Lawyer Latifah Anum Siregar told the Jakarta Post that those detained were “beaten in public and then forced at gunpoint to enter police cars.”
One of the key organizers of the rally in Jayapura was brutally murdered on or about October 17. An autopsy conducted by the Jayapura District Public Hospital DOK II on the body of Yosias Syet of Sentani concluded he had died of torture. Another Papuan demonstrator, Martinus Grewas, was killed in Sorong, reportedly by security forces.
Tabuni has been interrogated on “suspicion of subversion” for his participation in the demonstration. The interrogation was based on Articles 106, 107 and 110 of the Criminal Code regarding subversion, as well as Article 212 of the Criminal Code related to “obstructing state officials in the performance of their duties.”
Two other prominent Papuans, chairman of Dewan Adat Papua (DAP) Forkorus Yoboisembut and DAP secretary general Leonard Imbiri also responded to summons for interrogation by the police regarding the October 16 demonstration. Imbiri also faced questioning as a witness to the October 16 demonstration and as a witness in connection with the event in Wamena on August 9, 2008, during which the Morning Star was unfurled. Opinus Tabuni reportedly was shot by security forces for no apparent reason at that event (see October 2008 West Papua Report).
The Jawa Pos reports that the local deputy police chief in Jayapura prohibited journalists from reporting about investigations into the subversion case related to the October 16 demonstration. The police officer warned that if journalists pursue the case, they could be the victims of an accident on their way home (“bisa mengalami kecelakaan saat pulang”). The warning came while TV journalists were in the office of the director of criminal investigation of the Papua police. The journalists wanted to follow the questioning of several persons as witnesses in the case of DAP head Forkorus Yoboisembut, the DAP general secretary, Leonard Imbiri, and Buchtar Tabuni. “Don’t investigate this question in the area of Polda (local police force). Your motorcycle could end up having a crash,” said Borent, the deputy director. The head of public relations of the police, Agus Rianto expressed his apologies in advance “if anything untoward happens” to any journalists.
Reacting to the developments in London, a member of the Indonesian Parliament announced his intention to protest the formation of the IPWP to the British government, claiming the UK parliamentarians were supporting “separatism.” Theo L. Sambuaga, chairman of the House’s Commission I overseeing defense, information, foreign and political affairs, said the protest would be sent to the British Embassy in Jakarta. Sambuaga added: “We can’t accept any efforts to support such a separatist movement, because it indicates foreign intervention in our country’s affairs,” he said. The House will also bring the case to the Inter-Parliamentary Union, which has stated it will not tolerate any separatist movement.”
Papuan Church Leaders Urge Dialogue Regarding 1969 Annexation
The Jakarta Post reported on October 20 that Papuan church leaders are calling for peaceful talks to consider the 1969 annexation of West Papua, conducted through the “Act of Free Choice,” which is widely viewed as a fraudulent exercise. The leaders noted that police had rejected a proposal to hold a massive rally on Oct. 20. The aim of the planned demonstration was to make Papuan views known to the Papuan legislative council. The leaders criticized the police, backed by the military, for detaining the activists who planned the mass demonstration.
Greenpeace Calls for Logging Moratorium in West Papua
| Nabire, Papua province, Indonesia. Logs being loaded onto log barge for shipment. Greenpeace released evidence of continued illegal logging activities in a suspended logging concession area in Kaimana, West Papua province. © Greenpeace / Ardiles Rante |
The international environmental organization Greenpeace has called on the Indonesian government to declare a moratorium on logging in West Papua. Greenpeace argued that only a moratorium could save what is left of the Papuan rainforest. Underscoring the urgency of the current situation, Greenpeace spokesperson Bustar Maitar reported that Greenpeace, which is currently monitoring the situation in West Papua, has observed accelerating illegal deforestation. Greenpeace also noted that West Papua’s forests are under threats posed by illegal logging and the expansion of palm oil plantations.
TNI “Reform”
The unreformed Indonesian military (TNI) for decades has been the principal agent for violence against the Papuan people and others throughout the Indonesian archipelago. Despite reformist rhetoric, the TNI remains a largely unreconstructed, rogue institution, unaccountable and beyond the control of Indonesia’s democratizing civilian government.
That reality is elaborated in an analysis prepared by Kontras, the Commission for Missing Persons and Victims of Violence, one of Indonesia’s most effective and respected human rights organizations. Kontras was founded and led by Munir Said Thalib who was assassinated in 2004. The organizers of his killing, widely believed to be from the ranks of senior retired TNI, have not yet been successfully prosecuted.
Key judgments of that analysis follow:
The success of eliminating the TNI’s political role should not be measured by the revocation of the TNI’s seats in the parliament (DPR). Although the TNI’s presence in the parliament ceased in 2004, the stipulations in certain legal instruments such as the Law on the TNI and Law on the Truth and Reconciliation Committee show the strong influence the armed forces continue to wield.
In the Law on the TNI, for example, several of the TNI’s old positions, such as the presence of territorial command (koter) and the “functionality” function, are still justified. The Law on the Truth and Reconciliation Commission (TRC), which was expected to be a medium to resolve past human right violations within the framework of TNI’s institutional reform, was found to be an example of a problematic political product and revoked by the Constitutional Court.
The TNI still maintains the Army’s territorial command structure, such as Kodam (military regional command), Korem (military regiment command), Kodim (the military district command) and Babinsa (village guidance), whereas the 1998 reform demands the retraction of the military “dual function” and the removal of territorial command structure. The Armed Forces Faction in the parliament was abolished in 2004 but the territorial command remained.
The state has neglected to take action against ongoing business practices, and even failed to stop the transfer of the TNI’s assets to private parties. There appears to be a large amount of the state’s assets used by the TNI that have been misused for illegal objectives.
The delay in amending the Law on the Military Tribunal has caused the low public accountability of the TNI before the law. TNI members and the former officers of the military still have access to special treatment when they are brought before the court. This culture of impunity is hard to eliminate, and one of the causes is that the Law on Military Tribunal has never been revised. The process of promotion to strategic positions in the TNI does not give enough consideration to a person’s human rights record. Thus impunity and military violence endure, which demonstrates the strong influence of the TNI on the national political stage.
Soldiers’ welfare only serves as a political commodity to ask for an increase in the defense budget, even to legitimize illegal practices. The welfare of the soldiers has never been achieved because, since the beginning, there has never been any serious effort exerted on behalf of the government to achieve it. The argument that TNI businesses would increase the capacity and welfare of the soldiers is a bifurcation of truth, because the profit has always been enjoyed by a few elites in the TNI.
Senate Testimony Regarding Freeport’s Impact on The Lives of Papuans
Abi Abrash Walton — assistant to the President of Antioch University of New England for sustainability and social justice and associate core faculty in the Environmental Advocacy and Organizing Program – provided testimony which was read into the record of the U.S. Senate Judiciary Committee’s Subcommittee on Human Rights and the Law for its September 24, 2008, hearing on “Extracting Natural Resources: Corporate Responsibility and the Rule of Law.” Her research about the human rights and environmental impacts of mining in West Papua and the need for greater corporate accountability formed the basis for her testimony.
Read the full text of testimony here
http://www.antiochne.edu/news/news_detail.cfm?News_ID=524
Read ETAN and WPAT’s joint submission to the committee at http://etan.org/news/2008/09freeport.htm.
A webcast of the full hearing is available on the Senate’s website.
West Papua Report
October 2008
This is the 53rd 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 by the East Timor and Indonesian ActionNetwork (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.
Summary:
- NGO Statement to Senate Hearing Regarding Indonesia Operations of Freeport McMoran
- Amnesty International Protests Beating/Torture of Papuan Political Prisoner
- Is Imprisonment in West Papua Potentially A Death Sentence?
- U.S. Rights Groups Refute State Department Regarding Rights Conditions in Indonesia and West Papua
- Rights Group Issues Appeal Regarding Indonesian Government’s Failure to Address Cholera Outbreak in West Papua
- Mystery Explosions At Freeport Facility
- Indonesian Officials Take Conflicting Stands Regarding “Threat” Posed by Peaceful Papuan Flag Raisings
WPAT and ETAN Submit Statement on the operations of the Freeport McMoran Mine in West Papua at Senate Hearing
On September 24, the West Papua Advocacy Team (WPAT) and the East Timor and Indonesia Action Network (ETAN) submitted a statement dealing with the Freeport McMoran Mine to the Senate Judiciary Committee’s Subcommittee on Human Rights and law. The hearing focused on “Extracting Natural Resources: Corporate Responsibility and the Rule of Law.” The summary of that statement follows:
There are few more tragic examples of the negative impact of U.S. corporations on local peoples than the four decade operation of the Freeport McMoran copper and gold mine in West Papua which has entailed continuing violation of human rights and environmental destruction: Freeport makes direct payments to the military for “protection” while the military’s uses provocation and may engineer incidents to justify its continued presence. When local people protest the major social and environmental impact the mine has had they are repressed with force. This deadly cycle must end. U.S. policymakers can help by demanding transparency concerning U.S. corporate activities, and suspending military assistance until real reform occurs.
To read the full statement and to see additional documents submitted to the Subcommittee go to http://etan.org/news/2008/09freeport.htm.
Amnesty International Protests Torture of Imprisoned Papuan Political Dissident
On September 25, Amnesty International issued a public statement calling on the Indonesian Government to investigate the beating of imprisoned Papuan political dissident Ferdinand Pakage. Pakage was sentenced to 15 years in prison after what AI and others have described as an unfair trial for his alleged involvement in the violence in Abepura on 15 and 16 of March 2006. AI notes that Pakage and others were subject to torture and other ill-treatment during interrogation in order to force them to confess before the court that they were guilty of the crimes of which they were accused.
A portion of that statement (AI Index No: ASA 22/019/2008 25 September) 2008 follows:
The Indonesian authorities must take immediate action to investigate the torture of Papuan prisoner Ferdinand Pakage, who is detained at Abepura Prison, Papua.
Prison officers beat Ferdinand Pakage on 22 September causing serious injuries to his hands and legs. According to media reports, his left eye was also bleeding profusely when he was removed from solitary confinement and taken to the hospital for medical attention. The beatings were witnessed by other prisoners.
The organization calls for those responsible for the torture to be held accountable for their actions.
This incident clearly illustrates the failure to reform the Criminal Code, which does not provide sufficient legal deterrent to prevent state agents from committing acts of torture, which has directly contributed to the widespread use of torture during arrest, interrogation and detention.
(Note: Following the AI statement, Pakage was released to family members pending his recovery from the beating.)
Imprisonment in West Papua – A Death Sentence?
The peaceful raising of the Morning Star flag in Mimika District on September 23 has led to severe charges against two Papuans (see last item below for details). The charges posed the prospect of life imprisonment for purportedly “plotting against the Indonesian state.” The men were among 18 people arrested early Tuesday. The other 16 detainees are in custody pending further investigation. The vastly disproportionate charges for a peaceful political act is increasingly commonplace in Indonesian-administered West Papua. Anyone convicted of displaying what Indonesian authorities consider to be “separatist symbols” may face a life in prison.
The reality of the dangers entailed in such disproportionate sentencing for peaceful political protest are stark enough. Detainees in Indonesian custody suffer threats of torture and even death. This brutal reality, revealed in the report above regarding Ferdinand Pakage, is systemic. Earlier this year, UN Special Rapporteur on Torture, Manfred Nowak, reported torture was common in certain jails and used to obtain confessions, punish suspects, and seek information that incriminated others in criminal activity. Torture, he added, typically occurred soon after detention and that detainees were beaten with fists, sticks, cables, iron bars, and hammers. Some detainees reportedly were shot in the legs at close range, subjected to electric shock, burned, or had heavy implements placed on their feet.
For its part Amnesty International in its Indonesia: Briefing to the UN Committee Against Torture (http://www.amnestyusa.org/document.php?id=ENGASA210032008&lang=e ) described the violent world of Indonesian detention as follows: Suspects have been forced to sign confessions under threat of violence; or otherwise subjected to torture or other ill-treatment. All of these acts are in violation of the existing legal provisions and yet they occur, often without any adequate response from the authorities.
This failure in both law and practice has encouraged a culture of violence leading to torture and other ill-treatment of detainees Amnesty International has received many reports of individuals who have been tortured or otherwise ill-treated, sometimes resulting in death.
Human Rights Groups Refute U.S. State Department Report to Congress Regarding Human Rights Conditions in Indonesia, TNI Reform Progress and Rights Repression in West Papua
In the FY2008 “State, Foreign Operations Appropriations Act”, Congress required the State Department to report on progress made by the government of Indonesia in several areas of concern, including general human rights accountability and responses to East Timor’s truth commission. The State Department report also addressed issues of military business and corruption, as well as the murder of human rights activist Munir.
WPAT, ETAN and Human Rights First responded to the report, concluding in part that while the State Department acknowledged no “sustained” progress in critical areas of accountability in the armed forces, the State Department report nonetheless included overly positive assessments based on examples that were outdated, incomplete, or not germane to the question. [The full report and response can be found at http://www.etan.org/news/2008/09state.htm.]
With regard specifically to developments in West Papua, the NGO response noted:
The report’s claim that “the Government of Indonesia is implementing plans to effectively allow public access to Papua and West Papua provinces,” is suspect as there have been few specific procedural changes in recent years.
In November 2007, Rep. Eni Faleomavaega, Chair of the House Foreign Affairs Subcommittee on Asia, the Pacific and the Global Environment, visited West Papua accompanied by the U.S. Ambassador to Indonesia. Rep. Faleomavaega subsequently sent a public letter to President Yudhoyono in which he described persistent interference with his visit by Indonesian security forces who attempted to prevent meetings with senior Papuan officials and civic leaders, as well as ordinary Papuans, and who arbitrarily truncated his visit. (http://www.etan.org/issues/wpapua/1207faleoletter.htm)
In June 2007, Hina Jilani, Special Representative of the UN Secretary-General, visited West Papua. Following her departure, Papuans with whom she had met faced threats and intimidation. Ms. Jilani expressed concern about this retaliation in her report and in separate messages to the Indonesian government during her visit. Her report also cited restrictions on travel to and movement within West Papua, including restrictions on the National Human Rights Commission investigations of human rights violations there. (http://daccessdds.un.org/doc/UNDOC/GEN/G08/103/40/PDF/G0810340.pdf )
Notwithstanding State Department claims, restrictions on travel to and movement within West Papua also extend to Papuans. In recent years, Indonesian security forces, including Kopassus special forces, have conducted military operations, notably in the central highlands, which regularly displace Papuan civilians. Indonesian security forces, as a matter of course, impede and at times prevent attempts by Papuan churches and humanitarian organizations to bring critical supplies to these displaced villagers, who face life threatening denial of food, medical care and shelter in the forests.
In 2005, Rep. Sam Farr (D-CA) and Rep. Chris Smith (R-NJ) wrote a letter to the President of Indonesia, signed by 33 colleagues, calling for lifting of restrictions on international access to West Papua. “The travel permit (surat jalan) system, requiring travelers to report their own movements to local intelligence agencies, is contrary to the freedom of movement that is essential to a functional democracy. In all areas of West Papua outside of major urban centers, foreigners are required to carry surat jalan travel permits…We call on you to abolish the travel permit system,” they wrote. The surat jalan travel permit system remains firmly in place.
The congressional letter also urged abolition of visa policies “that restrict access of international journalists, researchers, and NGO workers to West Papua.” These visa restrictions have not been abolished. It is currently possible for members of the international community to visit West Papua on a 30-day tourist visa. However, human rights workers, journalists, and researchers have been imprisoned and deported while visiting West Papua with these visas. Applications for longer visas are rarely approved and routinely subject to long and sometimes limitless “procedural delays”.
The State Department report states: “We are aware of no cases where foreign diplomats, NGO officials or journalists were permanently denied permission to visit Papua or West Papua.” Yet, in at least one specific case, which has been brought to the attention of U.S. Embassy personnel in Jakarta, volunteers with a major international human rights organization were denied visas to enter West Papua in early 2008.
Asian Human Rights Commission issues “Urgent Appeal” About Neglect of Health Services in West Papua
On September 26, the Asian Human Rights Commission (AHRC) issued an “urgent appeal” calling attention to the failure of the Indonesian government to address the effects of a cholera outbreak in West Papua, which has already taken hundreds of lives. The AHRC contends that the government’s failure to act in the case violates issues of the basic right to health care and discrimination (against Papuans).
The outbreak in the West Papuan district of Dogiyai, according to the AHRC, has spread to adjoining districts. Local appeals for help have gone unmet despite 239 outbreak-related deaths thus far. The first cases of diarrhea in the Dogiyai District in Papua, Indonesia, were registered in April 2008. It has been confirmed that the cholera bacterium was the cause. Official casualty figures have been challenged by church and other local officials, suggesting that government officials have sought to play down the extent of the epidemic. Despite initial claims by the Ministry of Health that the outbreak was under control, suspected cholera cases erupted subsequently in the Lake Tigi and Painai areas in mid-August. Cases of diarrhea and deaths in Paniai continue.
The AHRC reports that the government has not taken appropriate action despite repeated requests asking for intervention from health authorities. Jakarta’s neglect of provision of basic health services in West Papua is a recurring tragedy for Papuans. In 2006, as the AHRC notes, more than 200 people died in the West Papua District of Jayawijaya.
The AHRC in its alert explains that the health infrastructure in West Papua is “very poor” despite the fact that West Papua is Indonesia’s most resource-rich region, with the area’s timber and minerals providing enormous revenues for the government’s treasury.
The revenue created by non-Papuan mining companies and the migration flows of Muslim traders from other regions of the country have not resulted in a visible upsurge in the living conditions of the predominantly Christian communities. Native Papuans blame past transmigration policies imposed by the government, as well as the exploitation of the natural resources, for undermining their livelihood, traditional culture, and way of life.
Under Indonesia’s domestic law 23/1992, the government is required to provide sufficient health facilities throughout the nation and take action to combat both infectious and non-infectious diseases in order to decrease mortality rates. Given that the Indonesian Government has ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) and has also incorporated it into domestic law with the implementation of Law number 11/2005, the government must recognize the right of everyone to enjoy the highest attainable standard of physical and mental health, and must maximize available resources to achieve full realization of this right.
Frustration among members of the indigenous community about the lack of government response has sparked riots in Moanemani. A history of harassment, torture and other forms of human rights violations directed against the indigenous population in Papua means that communities have a high level of distrust towards authorities of the central government. Some have even expressed suspicion that the delay in providing aid is a deliberate failure on the part of the government, intending to harm the indigenous people.
(Information regarding the Commission’s appeal can be found at http://www.ahrchk.net/ua/mainfile.php/2008/3014/. To send an appeal letter go tohttp://www.ahrchk.net/ua/support.php?ua=UAG-012-2008.)
Mystery Attacks Strike Freeport Property in September
Attacks targeting Freeport facilities in the Timika area in September have prompted various theories about the attack’s authors: Were the series of small explosions the work of the small armed Papuan opposition which coincidentally or not this month renewed calls for Freeport’s closure? Were they the work of corrupt local businessmen in league with illegal miners of Freeport waste? Were they carried out at the instruction of Indonesian military forces which have in the past used such attacks as a means of extorting funds from Freeport?
Regardless of who is responsible, these attacks and the prospect of retaliatory strikes by Indonesian security forces which harm Papuan civilians are part of Freeport’s dark legacy. That legacy entails historic and continuing violation of human rights and environmental destruction. For Papuans and particularly the local Amungme and Kamoro, the 41 year operation of the Freeport mine has entailed torture and murder at the hands of Freeport’s hired thugs, the Indonesian military and police, and utter destruction of the Ajkwa river system, poisoning of local water sources due to acid mine drainage and the marginalization of the local population as a consequence of a massive infusion of non-Papuans organized by the Indonesian government and Freeport to operate the mine. Prostitution and other criminal enterprises that have accompanied this invasion has debased Papuan society and culture. (See “Development Aggression,” http://westpapuaaction.buz.org/Development-Aggression.htm)
Papuans have responded to this systematic assault on their culture, lifestyle and livelihood with peaceful demonstrations in the region. Fellow Papuans have staged sympathetic demonstrations in Jayapura and even Jakarta. Indonesian security forces have responded to these peaceful protests with harsh repression. The Indonesian “justice system,” rather than defending the right to peaceful assembly and protest, has partnered with the security forces, meting out harsh sentences to those who dared to raise their voices to demand their rights, including the right to self-determination.
Over the years of occupation, Indonesian security forces repeatedly have conducted “sweeps’ purportedly aimed at eliminating just such armed resistance to Indonesian occupation. These “sweeps” have been devastating to rural Papuans, entailing burned houses and churches, destruction of gardens and displacement of civilians to the surrounding mountains and jungles where many perished due to inadequate food, shelter and access to medical care. These sweep operations were vastly disproportionate to the “threat” posed by the small armed Papuan groups. Indonesian military blocking of humanitarian missions to the besieged displaced populations gravely exacerbated the human costs of these sweeps.
International calls for peaceful assertion of human rights and avoidance of violence are important and must be made in the context of the Papuan experience: The Indonesian response to Papuan dissent, whether peaceful or not, continues to be brutal. But Papuans must understand that their greatest strength is in the undeniable justice and righteousness of their cause.
Indonesian Government Confusion over “Threat” Posed by Papuan Flag-Raising
As noted above, on September 23 Indonesian police authorities named Papuans Paulus Kiwing and Matius Magai of Kwamki Baru as the latest official “suspects” for their role in the peaceful act of raising the “Morning Star” flag. The flag is a powerful cultural and political symbol for Papuans. Both men have been formally charged with involvement in a flag raising ceremony, which authorities claim is a “violation of the emergency law and show of rebellion against the government.” Kiwing allegedly dug the hole for the flag pole, while Magai purportedly offered a prayer as the flag was hoisted. If convicted the two could face life in prison.
Recently, visiting Indonesian parliamentarians told a few of their U.S. Congress counterparts that such flag raisings constituted a manifestation of Papuan “separatism.” A similar charge was made in an Aide Memoire from the Indonesian Embassy in Washington to 40 US Congress members who earlier protested mistreatment of Papuan prisoners of conscience involved in similar peaceful flag raising protests (see West Papua Report no. 52 August).
Not so says the Indonesian Minister of Defense Juwono Sudarsono. Speaking to media during a visit to Australia, the Minister said that raising of the Morning Star flag should be considered an attempt to seek attention rather than as an act of separatism. He added that it was impossible to conclude that Papuans sought separation just because they hoisted a flag. Rather than punishing Papuans involved in such peaceful actions Jakarta should seek to address the roots of Papuan discontent. Sudarsono’s view is similar to that of former Indonesian President Abdurrhman Wahid (Gus Dur). He allowed raising of the Morning Star flag, so long as it was hoisted in conjunction with the Indonesian national flag. Under his rule peaceful actions involving the Morning Star flag were not systematically prosecuted.
Wahid also encouraged political/economic development within West Papua and sought expanded dialogue with Papuan civil society and Papuan political leaders. Since Wahid was forced from office, security forces and prosecutors have used force and pursued stiff sentences against peaceful flag raisers. Wahid’s successors, Presidents Megawati Sukarnoputri and Susilo Bambang Yudhoyono, also have shown little interest in dialogue with Papuans.
West Papua Report
September 2008
This is the 52nd 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 by the East Timor and Indonesian ActionNetwork (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.
Summary:
40 Members of U.S. Congress Force Look at Justice in West Papua in the Cases of AI Prisoners of Conscience Filip Kamra and Yusuf Pakage
New Report Reveals Evidence of TNI Role in 2002 Murders of U.S. and Indonesian Civilians and U.S. Government Cover-up
Indicted War Criminal Removed From Post in West Papua … and Promoted
Police Killing of Peaceful Papuan Protester Draws International Protest and Calls for Investigation
Human Rights Victims’ Families in West Papua Meet to Discuss the Absence of Justice
Papuan Tribal Chief to Sue Freeport over Environmental Pollution
Local Papuan Community Points to Central Government’s Violation of “Special Autonomy” in Awarding Mining Contracts
40 Members of U.S. Congress Force Look at Justice in West Papua
On July 29, 40 members of the U.S. Congress, in support of an initiative by Representative Patrick Kennedy (D-RI), signed a letter to Indonesian President Susilo Bambang Yudhoyono which called attention to injustice in West Papua. Specifically, members of the U.S. Congress asked President Yudhoyono to free imprisoned Papuan rights advocates Filep Karma and Yusak Pakage.
The letter prompted intense criticism from various Indonesian politicians, many of whom mis-portrayed the letter as an assault on Indonesian sovereignty and territorial integrity. None addressed the persistent security force abuse of prisoners documented by the United Nations or the serial impunity accorded security forces involved in human rights abuse, also documented in UN reporting and by the U.S. State Department in its annual human rights report.
Ultimately, the Indonesian Government chose largely to dismiss the letter, assigning responsibility for a response to the Indonesian Embassy in Washington.
Dino Jalal, spokesperson for the President told the media that the members of Congress who signed the letter did not understand Indonesian issues and that “we’ve had our fill of such incidents.” Jalal in 1999 served as spokesperson for the infamous military-sponsored Timorese militias that wrecked havoc in East Timor after the Timorese people voted for independence from Indonesia.
Amnesty International USA, East Timor and Indonesia Action Network (ETAN), and the West Papua Advocacy Team issued a joint statement on August 19, responding to the criticism. They wrote:
The letter is about universally recognized human rights and therefore it is appropriate and even required that those rights be addressed by members of the global community, such as the United States Congress, without dismissing these legitimate concerns as merely political.”
Given efforts to misrepresent the letter, the West Papua Report here presents the full text of the letter:
Dear President Yudhoyono:
We the undersigned members of the U.S. Congress respectfully call to your attention the cases of Filep Karma and Yusak Pakage who, in May 2005, were convicted and sentenced for their involvement in the legitimate and peaceful exercise of their freedom of expression in Abepura, Papua on December 1, 2004. Amnesty International has declared the two ‘prisoners of conscience.’
We also call your attention to reports by reputable sources that Mr. Karma was beaten by the police following his arrest. There are also reliable reports that police at the scene of the demonstration beat a human rights defender who sought to photograph the violent police action against peaceful demonstrators.
The unjust imprisonment of Mr. Karma and Mr. Pakage occurs in the context of a crackdown on Papuan human rights defenders, which has included general public threats by senior military officials and intimidation directed at individuals by anonymous figures. This campaign of threats and intimidation has targeted Papuans who met with and gave testimony about human rights abuse to a senior UN human rights representative when she visited Papua at your government’s invitation in June 2007.
We urge you to take action to ensure the immediate and unconditional release of Mr. Karma and Mr. Pakage. Any security officials who mistreated Mr. Karma or who may have employed inappropriate force against peaceful demonstrators should be prosecuted. Such steps would be an important indicator that Indonesia, as a member of the UN Human Rights Council, takes its international obligations to fully respect universally recognized human rights.
In accordance with all applicable rules and regulations, we thank you for your attention to this matter.
New Evidence of Indonesian Military Involvement in Murder of Americans; Bush Administration Helped Cover-up
A new report accuses the Indonesian military (TNI) of being behind the murder of two United States school teachers and an Indonesian colleague and the wounding of eight others near Timika in West Papua in August of 2002. It also presents evidence that the Bush Administration ignored evidence of the TNI’s involvement.
The report, which appeared in the peer-reviewed South East Asia Research Journal, said military agents had helped organize an ambush that killed three staff of U.S. giant Freeport McMoRan near its massive Grasberg gold and copper mine.
On the basis of findings presented in the article, reform elements within Indonesia’s security forces are calling for the leadership to prosecute soldiers involved in the 2002 murder. “At this time it is unclear if a new Indonesian investigation will commence,” said Dr. Eben Kirksey, an anthropologist and co-author of the article. Dr. Kirksey is also a member of the West Papua Advocacy Team.
Indonesian courts, in a badly flawed court process, sentenced seven Papuan villagers of the murders. Among those convicted was the alleged ring leader, Antonius Wamang, a guerilla fighter in Papua’s independence movement who also had ties to the TNI. Dr. Kirksey has dismissed the credibility of the courts. He observed that “three of the (jailed) men weren’t even at the scene but had confessions extracted after the FBI detained them and handed them over to Indonesian authorities.”
Human rights advocates and others who have researched the incident on the ground have long argued that the FBI failed to pursue evidentiary lines that pointed to Indonesian military (TNI) involvement which would have complicated plans by the U.S. Administration to resume military to military engagement with the TNI.
Anthropologist Kirksey, noted that while it had been widely reported that the Indonesian military was involved, the new report for the first time identifies the probable field agent who actually set up the operation.”
Over the years following the murders, analysts presented several possible motives that would explain why agents would target U.S. civilians. Chief among those was that the TNI was seeking to extort more money from Freeport McMoRan which pays the TNI for security. The murders were carried out shortly after Freeport McMoran had begun significant reductions in the amount of money it paid to the TNI.
The report accuses the U.S. Government of participating in a cover up, specifically naming senior U.S. officials including the U.S. Secretary of State and the Attorney-General. Dr. Kirksey noted that Secretary of State Condoleezza Rice told a Senate hearing there was no evidence of Indonesian military involvement, even though the FBI possessed such information at the time.
The article, titled “Criminal Collaborations: Antonius Wamang and the Indonesian Military in Timika”, draws on over 2,000 pages of Indonesian-language courtroom documents, recently declassified U.S. State Department cables, and over 50 interviews. The full article is available through university libraries and can be purchased on-line:http://www.ingentaconnect.com/content/ip/sear.
see also New Study Links Indonesian Politician to 2002 Murder of U.S. Schoolteachers
Indicted War Criminal Out of West Papua, But Promoted Instead of Prosecuted
Following mounting international calls for his removal, Colonel Burahanuddin Siagian, indicted for crimes against humanity in East Timor in 1999, has finally been removed from his post as regional military commander in West Papua. His new position will place him as third ranking military figure in East Java. In the reality of Indonesian military promotion politics Siagian has moved up. For senior TNI officers, a record of extraordinary abuse of human rights has never been a barrier to advancement. In 2003, Timbul Silaen was appointed chief of police in Papua despite being indicted on charges arising from his occupation of the same position in East Timor in 1999. Major-General Adam Damiri, former military commander of the East Timor region, was subsequently promoted to a senior command position in Aceh.
The West Papua Advocacy Team renews its call for prosecution of Siagian and his active duty and retired TNI officers who continue to evade justice for their records of abuse and criminality. ETAN called the removal of Siagian from Papua “a welcome move,” but has also urged that Indonesia “take the next steps and suspend him from any command and then hand him over for trial for the crimes he committed in East Timor.”
Siagian’s record is notorious:
On February 3, 2003, U.N.-backed Special Panel for Serious Crimes of Dili, the capital of Timor Leste, indicted Siagian (‘the Cailaco indictment‘) and on July 10, 2003 (‘the Maliana indictment‘). He was charged with crimes against humanity: torture, murder, persecution, and deportation or forcible transfer of a civilian population. The creation of the Bobonaro militia system that became one of the most repressive in the whole of East Timor was also attributed to him.
Siagian in May 2007 publicly threatened to “destroy” anyone who “betrays” Indonesia in response to the Papuan activists who demanded a review of their history. The statement is reminiscent of Col. Siagian’s statement in Maliana as military commander of the Bobonaro district of East Timor. As commander of the Bobonaro District Military Command (Kodim 1636), Maliana in pre-independence East Timor, Col. Siagian was quoted threatening to kill East Timorese independence supporters, which appeared to have directly led to a number of deaths among Timorese civilians.
Amnesty International Calls for Investigation of Police Shooting of Peaceful Papuan Protester
An August 18 Amnesty International (AI) statement called on the Indonesian Government to investigate the police shooting of Opinus Tabuni, a participant in a peaceful Papuan demonstration celebrating World Indigenous Day, August 9. Police used live ammunition to fire what police claimed were “warning shots” after some members of the crowd raised the banned “Morning Star” flag, regarded by Indonesian authorities as a symbol of the Papuan separatist movement. The crowd members also raised the UN and Indonesian flags, and one bearing the letters “S.O.S.” the international symbol for distress. Tabuni was not among those crowd members who raised the flags.
Indonesian security authorities initially sought to deflect blame from themselves, speculating that Tabuni might have died as a result of a stab wound, noting that some in the crowd carried traditional weapons. The AI statement made clear however that after police fired the shots into the crowd, “Opinus Tabuni was discovered dead by members of the crowd with a bullet wound clearly visible to his chest. The AI statement continued:
“Indonesian authorities must ensure a prompt, impartial, independent and transparent investigation to determine how it is that a peaceful protester was shot to death. The investigators should publicize the results of forensic tests, including an autopsy if it is performed,” said Sam Zarifi, Amnesty International’s Asia-Pacific director. “This incident highlights the heavy hand with which Indonesian authorities use in dealing with the people of Papua.”
AI placed the incident in the context of a “deteriorating human rights situation (in West Papua) over the past few years noting that:
“The indigenous population, ethnically distinct from other parts of Indonesia, has increasingly questioned the Indonesian government’s policies regarding Papua’s natural resources and the migration of non-Papuans into the area. The Indonesian government maintains a heavy police and military presence, whose members are accused of repeatedly intimidating and threatening members of the local indigenous community who support greater autonomy or independence from Indonesia through peaceful means. Attacks are increasingly targeted against human rights activists and church leaders. Amnesty International recognises the numerous Papuans convicted or awaiting trial for displaying the banned “Morning Star” flag in a peaceful manner as Prisoners of Conscience.”
No Progress in Human Rights in West Papua
Tapol has forwarded the following report:
A two-day workshop in Jayapura at the end of August which was attended by victims of abuses and relatives of victims said in a statement that there had been no significant improvement in the human rights situation, which remained unchanged despite enactment of Law 39/1999 on Human Rights, Law 26/2000 in Human Rights Courts, Law 13/2006 on Protection for Witnesses and Victims, and Law 21/2001 on special Autonomy for the Province of Papua.
The workshop was attended by among others Yonas Masoka, the father of Aritoteles, the chauffeur of Theys Eluay – murdered in November 2001 – who disappeared after he was seen entering the local unit of Kopassus, apparently to inform them of what had happened to Theys, Penias Lokbere, a victim of the Abepura 2000 incident, and Gayus Yomaki, the father of Herman Yomaki, who disappeared in Bonggo in 2000.
All these cases had not been followed up by legal proceedings, nor have such cases as the Mapunduma 1998 case, the Bloody Biak incident in 1998, the 2001 Wasior case and the 2003 Wamena case.
The workshop came to the conclusion that the central government was not interested or was not capable of resolving these cases, nor had it ratified the Rome Statute on the International Criminal Court. It called on the government to set up an inquiry by KPP-HAM into these disappearances. It also said the local government, DPRP, should draw up local regulations - perdasus and perdasi – to restore people’s rights in relation to gross human rights perpetrated in West Papua.
Papuan Tribal Chief Challenges U.S. Mining Giant over Its Pollution
An August 11 AFP report notes that a tribal chief in West Papua has begun a David and Goliath campaign to win compensation from U.S. mining giant Freeport McMoran for its decades of environmental damage to his homeland.
Fabianus, chief of the Kapiraya tribe, said tailings from Freeport’s huge gold and copper mine in West Papua were causing more widespread ecological damage than was known. The tribal chief said several rivers in his tribe’s Kaimana district had been polluted, killing wildlife and poisoning water sources for local people. Mine waste was also fouling parts of the Etna Gulf coastline. “The local village communities were now facing water shortages as their rivers were contaminated by the chemical pollutants from the company,” he told local Indonesian media. Fabianus said he had hired lawyers to file a law suit against PT Freeport Indonesia over the alleged environmental damage.
Ed McWilliams of the West Papua Advocacy Team who has visited the mine site on several occasions noted that in addition to chemical pollutants, acid mine drainage has seeped into the ground contaminating local water sources. The drainage is created when massive fissures, created by mining and road construction servicing the mine exposes mineral laden rocks to monsoonal rains. He added that miles of massive tailings flow had smothered trees along the Ajkwa river system which acts as a giant sluice. Among the trees destroyed is the sago, a key food source for local Papuans. As the tailing flow has now reached the Arafura Sea, tailings have been extended east and west by tidal action smothering mangroves which line the coast, he noted.
Environmentalists say the Papua mine pollutes the World Heritage-listed Lorenz National Park and dumps copper-rich ore around the edge of its operations.
Critics accuse Freeport of not giving enough to the people of Papua in return for the mine. They also allege that the military’s protection of the site leads to human rights abuses, a conclusion supported by findings of the Indonesian National Commission on Human Rights (KPP-HAM).
Freeport operates concessions totaling 3.6 million hectares (8.9 million acres) stretching from the coast to the central mountain range at Timika, with its copper reserves estimated at 2.6 billion tonnes.
Precedent for Legal Action against Freeport McMoran over Human Rights Abuse by Hired TNI Personnel?
In a development which could have negative implications for the giant Freeport McMoran copper and gold mining operation in West Papua, a U.S. Federal court ruling in late August ordered that a trial could proceed against U.S. energy giant ExxonMobil, which stands accused of supporting the Indonesian military’s alleged killings and torture in Aceh. The decision would appear to expose multinationals regularly paying the Indonesian Military for protection to similar legal challenges. Specifically, the decision may open the way for suites by victims in West Papua to seek justice for violence inflicted by the military on behalf of Freeport McMoran over many years. Freeport McMoran, in its latest annual report, acknowledged that it had paid nine million dollars in ‘support costs’ to the Indonesian military and police in 2007 to protect its operations.
UK NGO Calls on British MP’s To Defend Climate Justice and Human Rights in West Papua
In its August newsletter, “Down To Earth,” an NGO pressing for ecological justice in Indonesia, reports that in June, it met with UK parliamentarians and called on the British government to take action on a range of issues related to human rights and development. The meeting focused in part on developments in West Papua. Its recommendations to the UK Government regarding West Papua included the following:
The UK government is urged to help improve the situation for Papuans by encouraging the Indonesian government to:
- Account for its failure to implement special autonomy in Papua.
- Look carefully at the role of the military (TNI) in Papua, in particular at the use of the TNI to repress the indigenous population; to investigate Human Rights abuses by the TNI and other elements of the security forces; and to fulfill its obligations as a member of the UN Human Rights Council to fully respect and protect the rights of the Papuan people.
- Allow the Papuan people to voice their concerns and aspirations by exercising their rights to freedom of expression, association and assembly without hindrance or intimidation; and release unconditionally all Papuans imprisoned for peacefully exercising those fundamental rights.
- Allow free and unfettered access to Papua by foreign journalists and international human rights organisations.
- Ensure that Human Rights Defenders in Papua can carry out their work without fear of intimidation and violence with the more systematic implementation of the EU Guidelines for the protection of Human Rights Defenders in the field and the recommendations of the UN Special Representative on Human Rights Defenders.
Impunity: as a contribution to efforts to end impunity, UK parliamentarians are requested to:
- Encourage the FCO to make impunity a priority issue in its relations with Indonesia and press Indonesia to implement in full the recommendations of the UN Special Rapporteur on Torture and the UN Committee Against Torture.
- Press for an end to the culture of impunity in West Papua and for the resolution of those cases which the National Commission on Human Rights has found to be gross violations of human rights.
The recommendations were all supported by: CAFOD, TAPOL, PBI, DTE, FWPC and Progressio. The full briefing is available here.
The Central Government Pushes Mining Expansion, Ignoring Local Preference for Fisheries Development and Tourism
The Jakarta Post, August 18, reported on a dispute between a Papuan community and the Jakarta Government which is emblematic of the government’s failure to observe the law or spirit of “special autonomy.”
A traditional tribal community in Waigeo, Raja Ampat regency, in West Papua, is challenging the government’s authorization permitting nine mining companies to operate in the region. Community representatives explained to the media that the central government had neglected their rights as traditional people as stipulated under the law on regional autonomy by failing to notify or consult with them regarding the issued mining licenses.
A spokesperson, Christine Ayello of Maya Kawei’s women’s group, explained that the community was able to benefit from the riches of the land without resorting to industrial mining. “Just from fishing, we can earn Rp 60,000 to Rp 100,000 a day. Our sea is very rich in fish,” the spokesperson explained. The community feels that as they live in harmony with their land, neither depleting its natural resources nor damaging the environment, that mining companies should have no right to operate in the area.
Local traditional community leader Korinus Ayello called on the administration to involve the traditional community in issuing mining licenses, noting that the body was obliged by law to take into account the rights of traditional people. He said it would be more prudent for the government to develop Raja Ampat regency as a marine industry rather than as a mining site, citing that a fishing industry would benefit from the region’s abundance of fish and would not damage the local tourism industry.
Albert Nebora, chair of Conservation International Indonesia for Sorong region, supported the local community perspective, noting that a marine-based development concept could preserve the environment and create more jobs in environmentally-friendly industries.
West Papua Report
August 2008
This is the 51st 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 by the East Timor and Indonesian 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.
Summary:
- Respected International Medical Officer Describes Inadequate Health Care and Migration as Likely to Make Papuans a Minority in Their Own Land by 2011
- International Community Calls for Release of Peaceful Papuans Demonstrators Beaten and Arrested by the Police
- World Council of Churches Say Papuans Traumatized and Subject to Militarization
- A WPAT Member Who Visited the Tailings Wasteland Created by Freeport-McMoran Mine Rebuts the Operation’s Propaganda about Successful “Reclamation” Efforts”
- A WPAT Alum Writes about the Need to Ensure a Role for Local Communities in Advocacy for the Environment
- Papuans Call for Halt on Development Schemes until Papuans Obtain Rights to Consider their Impact
- Forestry Firms Provide Little to Local Papuan Communities as they Destroy West Papua’s Natural Resources
- Indonesian National Human Rights Commission to Investigate Abuses in West Papua Despite Government Opposition
Low “Human Security” Could Render Papuans a Minority in Their Own Land
On July 7, the London-based human rights NGO TAPOL distributed the following revealing editorial by R. van de Pas, medical coordinator for Médecins du Monde (MDM), regarding conditions in West Papua. It appears in a publication of the Royal College of Physicians of Edinburgh. The editorial, entitled “The effects of low human security on the health status of a struggling population. Do health indicators matter?” discussed humanitarian conditions in Sudan and in West Papua. It concludes that inadequate health care available to Papuans could help render them a minority within West Papua by 2011. The following excerpts portions of that editorial which address conditions in West Papua:
Even in an area without overt conflict, socioeconomic inequalities might leave groups impoverished and in low human security. (Human security is a term used within the UN framework that combines economic, food, health, environmental, personal, community and political security. It is a concept that comprehensively addresses both ‘freedom from fear’ and ‘freedom from want’.)
This is the case with the Indonesian province of Papua and is illustrated by its disparity with the country’s capital, Jakarta. In Jakarta 3·4% of the population is poor, while about half of Papua’s population lives below the poverty line. In addition to low local human resource and geographical constraints, distrust between different parties hinders services in the villages. Availability of health data is limited. Médecins du Monde works in the remote highlands of Papua to strengthen primary healthcare and access to basic services. The native Papuan inhabitants are slowly being outnumbered by immigrants from the rest of Indonesia and face the same fate as the aboriginals in Australia, that of becoming a marginalized minority group. Demographic data indicates that Papuan indigenous groups comprised 96% of the population in 1971; this had fallen to 59% by 2005. Using the estimated growth rates for the Papuan and non-Papuan populations, 1.7% and 10.5% respectively, by 2011 the population will be 3.7 million, and Papuans will be a minority of 47·5%.
Public health indicators, although incomplete, suggest that the general health of Papuans is poor. Malaria, upper respiratory tract infections and dysentery are major causes of childhood morbidity, with infant mortality ranging from 70 to 200 per 1,000 live births a year. More than 50% of children under the age of five are undernourished, and immunisation rates are low. Maternal mortality is three times the rate of women in other parts of Indonesia. A generalised HIV/AIDS epidemic is unfolding in the province. The cumulative AIDS case rate in Papua of 60.9 per 100,000 inhabitants is 15·4 times higher than the national average. Prevalence of HIV among ethnic Papuans is almost twice as high as the prevalence among non-ethnic Papuans – 2.8 percent compared with 1.5 percent.
A health system is a reflection of its society. Healthcare is only one of the multiple variables that influence the health outcomes of a population. Mass displacement in Darfur and socioeconomic inequalities in Papua are among the main causes of ill health. Comprehensive primary healthcare is the basis for sustainable health services. This concept, described in the Alma Ata declaration in 1978, is currently being rehabilitated by the World Health Organisation as the key to qualitative long-term public health outcomes. Comprehensive primary healthcare encourages communities to define their own strategies for improving health. It links healthcare with social and economic development. The possibility to strengthen healthcare while at the same time actively promoting human rights has been demonstrated by the US physician and anthropologist Paul Farmer, whose work in central Haiti is groundbreaking. The combined epidemic of tuberculosis and HIV/AIDS in Haiti’s impoverished rural population resembles the current outbreak in Papua. One of the differences is that Haiti is much more densely populated than Papua, hence the spread of the epidemic in Papua is slower.
Health indicators are used as service monitors and provide data about the health status of a population. Colleagues argue that ‘the international medical profession can play a part in bringing about change, e.g. by engaging with and supporting progressive Papuan health professionals in their efforts to improve services, establish training programs, and improve standards of care in the region. Furthermore, gathering more comprehensive data that focuses on the public-health results of conflict and socioeconomic neglect is essential.’
My belief is that without durable peace and social equality, gains in health status already achieved can easily be lost. Health indicators can be used as an advocacy tool in the political arena to defend the right to health for all. This is the weapon health professionals should use worldwide to assist our cause.
Peaceful Papuan Demonstrators Beaten and Arrested in Fakfak West Papua
On July 19 Indonesian policed assaulted a group of over 40 Papuan citizens who had assembled peacefully to stage a protest. Several of the Papuans unfurled the “Morning Star” flag, a Papuan symbol with cultural and political significance. For many years in West Papua, the display of the flag has prompted arrests and beatings by Indonesian security authorities. In the Fakfak demonstration, police eventually released 37 of a reported 46 Papuans who were detained but then on July 23 arrested five more Papuans purportedly involved in the demonstration. The respected Papuan human rights organization ELS-HAM, drawing on first hand accounts, reported that the police beat and kicked male participants and forced them to disrobe on the street. Two of those detained sustained potentially serious eye injuries. The police subsequently denied the beatings or that the detainees were forced to disrobe in public but said that claims of injuries would be investigated.
The police have charged six of those arrested with “subversion,” a charge which carries a maximum penalty of life imprisonment. The charge originates from the colonial era criminal code and was frequently employed by the dictator Suharto against his critics. In addition, the Indonesian police charged three Papuans for arms possession. Experts note that is common for males to carry weapons in Papuan society.
The arrests have drawn protests from respected human rights organizations around the world including TAPOL and Human Rights Watch (HRW). The Tapol report quoted extensively from a statement by leading Papuan human rights defender Paula Makabory of the Institute for Papuan Advocacy & Human Rights (ELS-HAM). Ms. Makabory said in part: “The detainees should be released as it is not credible for the Indonesian Police to charge these people on that basis of ‘subversion’. Performing a flag raising ceremony and protesting against Indonesian authority is not an act which could over throw the Government. The demonstration was peaceful and such political expression should be a democratic right in West Papua and Indonesia.” Placing the development in an historical context she continued: “Public remembrance of the past injustice from the Suharto period and the ongoing repression of Human Rights, including the Right to ‘self determination’, is what Indonesia Government agencies seek to subvert by arresting these people. This demonstration is only a threat to the status quo in West Papua because it shows the world the kind of Indonesian domination which West Papuans face. “
HRW also condemned the Indonesian action. Elaine Pearson, deputy Asia Director at HRW noted in part: “Once again, the Indonesian authorities have stopped Papuans from peacefully expressing their political views. The police should not resort to violence to suppress political activism…. Charging people with subversion, a crime punishable by life imprisonment in Indonesia, is an outrageous response to the peaceful political act of raising a flag. The unlawful acts at the scene were by police beating up protesters.” Human Rights Watch also urged the authorities to drop the charges of arms possession.
Arrests for display of the Morning Star flag have been increasing in recent months. In March of this year police jailed nine Papuans for display of the flag. Their trial under charges of subversion is currently proceeding.
The HRW statement noted that for many years, it has called called on the Indonesian government to immediately release all persons imprisoned for exercising their rights to free expression, free association or peaceful assembly. The group also continues to call for amendment of the Indonesian criminal code to repeal provisions that violate basic freedoms of expression, assembly and association. HRW noted that “Indonesian government continues to use outdated laws restricting free expression to suppress peaceful dissent in far-flung provinces.” The HRW Deputy Director added: “the government should rewrite these laws, not use them against peaceful protesters.” The internationally protected rights to freedom of expression and peaceful assembly are codified in the International Covenant on Civil and Political Rights, which Indonesia ratified in 2006.
World Council of Churches Say Papuans Traumatized and Subject to Militarization
The following is drawn from a July 29 World Council of Church’s “news release” (see media@wcc-coe.org)
West Papuans have yet to recover from the trauma of human rights violations. At the same time continuing in-migration is threatening to marginalize them in their resource-rich province, an ecumenical team from the World Council of Churches (WCC) told top-level Indonesian government officials.
Papuans appear to be traumatized because of migration to their island, Rev. Prof. James Haire told Indonesian social welfare minister Aburizal Bakrie 24 July.
At the root of the problem is a transmigration program sponsored by the 1965-1998 Suharto government. It had encouraged other Indonesians to migrate to West Papua in order to make the Papuans, who had long been fighting for independence, a minority in their own territory.
The post-Suharto government stopped the transmigration programme, but it could not stop waves of other Indonesians seeking to do business in West Papua, again tilting the economic scale to the disadvantage of less educated, largely illiterate Papuans.
With the continuing spontaneous in-migration of mostly Muslim traders, the population now is about 2.4 million, with about 1.4 to 1.5 million West Papuans, most of whom belong to churches such as the Christian Church of West Papua or the Indonesian Christian Church (GKI), a WCC member.
Human rights violations in West Papua were also denounced by the WCC before the United Nations Human Rights Council in Geneva in March 2008. “Papuans still are subject to torture, ill-treatment, arbitrary arrests and unfair trials by the Indonesian authorities,” the UN body was told. The WCC oral intervention blamed the “ongoing militarization” of the island for this “pattern of intimidation” against Papua’s indigenous people.
Autonomy has recently been granted to Papuans. However, trained bureaucrats and public servants still often come from outside the island, again unintentionally tending to disadvantage the position of the Papuans, noted Haire.
“All these emerging marginalization trends plus the serious concerns for education, healthcare, and economic livelihoods need to be addressed,” he added.
The Truth About “Reclamation” in The Freeport Wasteland
In its Sunday July 27 edition the Jakarta Post carried a report about butterfly breeding at a reclamation site (the Maurujaya Reclamation Center) located adjacent to the vast tailings delta created by over 40 years of operations at the Freeport-McMoran mine in the Timika-Tembagapura area of West Papua.
A WPAT team member writes that the piece, entitled “Butterflies breathe new life into Freeport’s wasteland,” conveys the false notion that the tailings desert in the middle of Papuan rain forest can be and is being “reclaimed.” Noris Pangemanan, chief of the center which is run by Freeport-McMoran told the Post that the “farm” is lined with local fruit trees and a fish pond — all of them on “reclaimed” mining waste. Pangemanan, in the employ of Freeport, told the post that “in the mining waste deposits — contrary to what many people think — there are still water sources and fertile soil.”
The “farm” is located at the edge of the wasteland created by tailings from the Freeport mine which has submerged vast stretches of tropical rainforest, inundating the Ajkwa River basin. It forms a massive delta, in places tens of meters deep, that extends to the Arafura Sea where tidal currents have transported the tailings east and west along the coast destroying miles of mangrove forest.
Having visited the small “farm” described in the article, one is struck by the difference between this manufactured island and the sea of nearly lifeless, sand-like tailings that engulfs it. The lush little paradise flourishes not on the life-stealing tailings but on the vast amounts of new soil and fertilizers brought in to the site to create this potemkin garden. A three-hour trek on the adjoining tailings delta revealed a starker reality. Virtually lifeless, except for one thin-bladed grass variety, the delta appears to be an ocean beach without a shoreline, or more simply, a desert without birds, game or even insects.
The delta offers up periodic wide depressions at the center of which is quicksand. Miles of sago palm, a key traditional food source for Papuans, stand dead and spear-like lining the edges of tailings delta. Periodic breaks in the miles-long, poorly maintained dike system created by Freeport-McMoran to control the tailings flow within the Ajkwa river channel allow the tailings-laden water to inundate and smother these trees and all other vegetation in their wake.The vast and expanding dead zone is and will be a far more lasting legacy of the Freeport-McMoran operation than the butterflies attracted to its tiny farm center.
Ensuring A Role for The Local Community in Conservation Advocacy
In her essay, “Conservation Through Different Lenses: Reflection, Responsibility, and the Politics of Participation in Conservation Advocacy, published recently by Springer Science and Business Media, WPAT alumna Abigail Abrash Walton discusses the role of the international community in conservation advocacy. In a portion of the piece reflecting on her own experience addressing conservation and human rights in West Papua, she notes:
For some of us, conservation might mean setting aside parkland or ensuring the continued survival of a particular species. For local communities in many of the world’s most environmentally sensitive areas, the definition of conservation often is quite different.
In speaking about his people’s struggle to survive the onslaught created by Freeport McMoRan Copper & Gold, Inc., on lands forcibly expropriated from the Amungme people, Amungme leader Tom Beanal put it this way: ‘‘When we say that the environment for us is our ‘mother,’ we mean that human beings are an integral part of the environment and therefore each one of us has to be mindful of and accountable to the limitations of the environment.” Beanal notes that ‘‘Modern people do not recognize the special relationship of indigenous people to the environment. But for the indigenous people, their view of their natural surroundings teaches them ecologically sound principles to care for the environment in a sustainable way. For the indigenous people, destroying the environment means damaging the lives of human beings.’’
This strong connection to and sense of place is pervasive among many indigenous, traditional, or local communities throughout the world, along with the fundamentally practical acknowledgement of human communities’ utter reliance on the ecosystems in which they live. Although it is crucial not to idealize local communities, we can actively seek to understand and promote the effective management practices that they have developed and to strengthen communities’ positions as central decision makers in the political processes that determine how their traditional lands and resources will be treated.
The full essay is available online at: http://dx.doi.org/10.1007/s00267-008-9175-6
Papuans Demand No New Forestry or Plantation Deals until Special Autonomy Regulations Protect Indigenous Rights and Interests
Papuans, meeting in Jakarta in late June, called for a halt to all new forestry and plantations deals until the region’s Special Autonomy Law affords real protection of indigenous rights. A coalition of local organizations, including over 20 indigenous, community, church and non-governmental groups from across Papua made the demand at a meeting in Jakarta following presentations from government representatives on Papuan forestry and land use policies.
The demand comes in the context of growing threat to Papuan resources by major oil palm, biofuels and pulp plantations, as well as the impact of legal and illegal logging, much of it run by or protected by the Indonesian military. An additional concern is Trans Papua highway slated to extend over 800 miles along which development will proceed unchecked. Indonesia has the highest deforestation rate, one of the worst illegal logging problems, and is now the biggest producer of oil palm in the world. At least 3 million hectares of forests in Papua have been slated for conversion to oil palm. The majority of Papuans still rely on forests for their daily needs. Indigenous Papuans also fear problems such as demographic change from government-organized migration, the loss of livelihoods from forest resources and the spread of HIV/AIDS will only increase in the wake of “development” along lines dictated from Jakarta.
Under Papua’s Special Autonomy status within Indonesia, a provincial regulation, called a Perdasi, is required to define and implement rules guaranteeing community based forest management rights. However, this cannot be passed until a Special Regulation called a Perdasus is passed to formally protect native Papuan’s rights over all natural resources. The failure to pass these regulations reportedly has enabled investors and other actors to work with elites in Papua to exploit the people’s forests within a legal grey area.
Forestry Firms in West Papua Devastating Papuan Forests and Ill-serving Local Communities
The Jakarta Post (July 16) reports that Greenomics Indonesia, an environmental NGO, has issued a report contending that 60.42 percent of forestry companies in West Papua are failing to deliver on promises of local community empowerment and investment in sustainable forest development. According to Greenomics coordinator Vanda Mutia Dewi, an evaluation of forest concession holders in West Papua also demonstrated very poor financial performance. The study also revealed that 75 percent of forestry companies harvested their forests in contravention of the legal requirements on selective cutting. Specifically, forestry companies performed poorly in practicing selective cutting based on wood volume, forest size and forest types. The NGO warned: “Rapid action is needed, or the two provinces will be deforested and abandoned, while local people living in and near these areas will remain poor.” The NGO’s spokesperson called for urgent action: “”Central and provincial governments and an independent evaluation team should conduct a field visit and comprehensive evaluation. Poorly performing forestry companies should suffer the revocation of their concessions, argued the NGO spokesperson.
The Papuan People’s Assembly chairman, Agus Alue Alua, has charged Indonesian President Yudhoyono of violating the 2001 special autonomy for West Papua by issuing a decree that would amend the law. In a July 6 interview with the Jakarta Post, Alua contended that it was not within the President’s prerogative to revise the law. Alua noted that it was the exclusive right of Papuans to amend the law, as set forth in Article 77.
The revision was first presented by Vice President Kalla in February but that was rejected by the People’s Assembly, the governor and the Papua legislature. However, they later agreed to implement the revisions through a government ordinance. That action transpired however, without public approval, either through a referendum or Papuan legislative action.
Government Human Rights Body to Investigate Human Rights Abuse in West Papua
According to a July 25 report in the Jakarta Post, the Indonesian National Commission on Human Rights (Komnas HAM) plans to initiate an investigation into human rights violations in Papua. The Government body will pursue the investigation despite protests from the Attorney General’s Office.
The commission’s deputy chairman, Ridha Saleh, told the Jakarta Post the rights body was completing preliminary research into cases of atrocities that took place between 1963 and 2002. He said the result of the study would be presented at a plenary meeting next month to decide whether a field investigation was warranted.
Saleh described the investigation as “urgent.” UN reports, as well as those by governments and both Indonesian and international human rights organizations have for years documented reports of arbitrary arrest, kidnapping, torture and murder, usually perpetrated by the Indonesian security forces. The Indonesian military has repeatedly conducted “sweeps” resulting in the displacement of Papuan civilians from their homes, leading to their suffering and death to disease and starvation.
Government sponsored migration from other parts of Indonesia has marginalized Papuans and the failure of the Government to provide basic services has left many Papuans poorly educated, unemployed, in deep poverty and in precarious health.
Ridha told the Jakarta Post that once established, the ad hoc team would focus on widely reported human rights crimes in Timika and Biak
West Papua Report
July 2008
This is the 50th 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 by the East Timor and Indonesian 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.
Summary:
- The West Papua Advocacy Team announces creation of the “John Rumbiak Human Rights Defenders Award” and that the first winner of this annual award is legendary human rights defender Carmel Budiardjo, founder of TAPOL.
- Chronic Public Health Emergencies in West Papua Belie Claims of Special Autonomy Success.
- We Mark the Tenth Anniversary of The Biak Massacre with Personal Accounts by Two WPAT Members.
- Government Plans for Massive Highway Project Threatens Papuan Forests and Papuans Themselves.
- International Crisis Group Report Looks at Prospects of Communal Violence But in Recommendations Fails to Call for Justice and An End to Impunity for Security Forces.
Carmel Budiarjo Wins First John Rumbiak Human Rights Defenders Award
The West Papua Advocacy Team announces the creation of the John Rumbiak Human Rights Defenders Award, which, beginning in 2008, will be awarded annually to the individual or institution that has contributed most substantially to protection of human rights in West Papua. The award honors John Rumbiak, a Papuan who, until suffering a debilitating stroke in 2005, was a leading voice in the defense of Papuan human rights.
He founded the West Papua Advocacy Team. His courageous devotion to the cause of human rights defense, the non-violent assertion of political rights and demands for justice, including accountability for human rights violators, has inspired not only Papuans but individuals and organizations widely in the international community.
The 2008 award, the first annual award, is presented to Ms. Carmel Budiardjo. Ms. Budiardjo, founder of TAPOL, is a legendary defender of human rights for the people of the Indonesian archipelago, whose activism and advocacy extends back four decades. In particular, she has been a leading champion of rights for the Papuan people, working with great success to mobilize the international community in their defense.
The award includes a $500 stipend and a plaque which honors the winner.
New Disease Outbreaks in West Papua Underscore failure of “Special Autonomy”
Media and human rights defenders’ reports point to multiple outbreaks of fatal diseases in various part of West Papua.
In early June, Paula Makabori who works for the Institute of Papuan Advocacy and Human Rights, wrote to the World Health Organization to alert it and the international community to the spread of an infectious bacteria in the Paniai and Nabire regions of West Papua. The disease, believed to be cholera, reportedly has claimed more than 66 Papuans. Ms Makabori drew attention to the fact that Indonesian government provided health services are inadequate. She urged that international health organizations assign personnel to investigate the outbreak.
Separately the Jakarta Post on June 20 reported that 14 people had died of diarrhea in Mimika in the first three weeks of June. According to the report the local government health official termed the outbreak an “extraordinary incident” although noting that a worse outbreak hit the region in 2004 killing more people. The official acknowledged that his office was short of medicines and medical personnel to address the situation. Villagers in the area of the outbreak rely on water from the river for their daily usage in the Indonesian province which generates enormous wealth for the central government.
The Australia West Papua Association (Sidney), a respected human rights organization, has called to its government’s attention reports that up to 76 people have died from diarrhea of unknown origin in the highlands region of West Papua near the district of Kammu. There are people still suffering from the epidemic and receiving very little help from local government institutions.
Papuans also are suffering one of the worst rates of HIV/AIDS incidence in Indonesia. This is compounded by antibiotic resistant tuberculosis and the endemic malaria infection including a fatal strain previously thought to be less dangerous.
Papuans point to decades of inadequate public services, especially health care, as among the most pernicious legacies of rule from Jakarta. Services remain fundamentally inadequate notwithstanding over six years of “special autonomy” which purportedly was to make amends for decades of central government neglect in West Papua.
Article 25 of the Universal Declaration of Human of Human Rights Article 25 states in part: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services…”
A Bloody Anniversary
July 2008 marks the tenth anniversary of the massacre of hundreds of Papuan residents of Biak island in 1998. The victims, including Papuan women and children who had gathered peacefully at the base of water tower bearing their “morning star” flag were slaughtered at that site and later many more were drowned at sea, shoved off Indonesian naval vessels were their hands bound. As bodies washed ashore, Indonesian officials claimed that the corpses were those of victims of a tsunami that had struck Papua New Guinea hundreds of miles to the East. The absurdity of the claim was exposed by the victims bound hands and the fact that some wore t-shirts of Indonesian political parties.
Two members of the West Papua Advocacy Team, one then a student and the other a diplomat separately visited Biak at the time of the incident. The diplomat, denied permission to visit Biak by the Indonesian Government, disembarked at Biak during a refueling stop enroute to Jayapura and did not reboard, giving him several days in Biak. He found the Biak community deeply traumatized by the massacre – very few, even among Papuan church leaders, were willing to meet or speak with the US diplomat. But a brave few gave limited testimony of having seen bodies piled in military vehicles and of being forced to bury bodies of victims near the shoreline where they washed up, with no attempt at identification.
The site of the massacre had been hurriedly cleansed and repainted. A wall against which many of the trapped victims were murdered had been replastered. But a tip from a local Biak resident exposed the cover-up. He directed the diplomat to examine the water tower’s foundation, its “legs.” Unpainted and unrepaired it revealed multiple bullet holes. The holes were torso high, indicating the Indonesian military had not fired over the heads or at the feet of the unarmed Papuans to disperse them as the Indonesian Government claimed. It was murder, pure and simple. Despite a decade of democratic progress in Indonesia, no member of the Indonesian military or police has been successfully prosecuted for this crime against humanity.
Excerpts of a an account by a WPAT member, Eben Kirksey, who was in Biak at the time of the massacre follow:
Every morning my friends and I had been taking food to the protesters, recounted one of these survivors, a woman from a church near the harbor. She told me about the first moments of the attack: While we were carrying the food that morning we saw several army trucks approaching. They told us to wait, but when we saw that they were military we were afraid and began running with the food and water. They began chasing us with their guns blazing. We screamed “The enemy is here!”
As the attack started, Filep Karma (leader of the rally and now an Amnesty International “Prisoner of Conscience”) roused his followers, all unarmed civilians, with a hymn. They held hands, sitting in a circle, under the water tower where the flag still flew. They were mowed down as they continued to sing. Another survivor told me: the soldiers made a kind of letter U. There were Brimob police in riot gear, army troops (Kopasgad), a company of soldiers from the local Kodim barracks, as well as Navy personnel. They formed a letter U around us and then shot at us repeatedly. … Twenty-nine people were killed in this initial assault, according to Karma and a second-hand report from a low-ranking soldier. … I saw these ships from the hotel where I was staying. One group investigating the incident concluded that “one hundred thirty nine people were loaded on two frigates that headed in two directions to the east and to the west and these people were dropped into the sea.” A woman who narrowly escaped this ordeal told me: I was taken by the troops to a navy ship. The number on the side of the ship was 534 AL. Several of my friends had already been taken aboard. They beat us. Some were already dead. There were women raped right next to me. One soldier, he was from Toraja, saved me. The ship was still close to shore and he told me to jump. I jumped off of the back of the ship and I swam back to the place where it had been tied up. There I found a hiding place and I waited from 8:00 in the morning till 8:20 that night.
At least 32 decaying bodies later washed ashore on Biak. Indonesian government officials explained that these corpses were transnational travelers: they belonged to victims of a tidal wave that hit the coast over 600 km away in the neighboring country of Papua New Guinea on July 17, 1998. However, the official explanation does not match the facts. Four bodies washed up on the beaches of Biak on July 10. This was four days after the police opened fire on the demonstrators and one-week before the tidal wave struck. Some cadavers were missing their heads, hands, or genitals. One male body still had a Morning Star flag painted on its chest and a corpse of a child was found still embracing its mother’s body.
The bodies of people who were shot under the water tower were heaped into a small cargo truck. Some of these people were not yet dead. Several eyewitnesses reported that this truck was filled with corpses, that it departed from the harbor, and then returned for another load. I counted fifteen people in the first load, one eyewitness told me. The truck came a second time and I counted seventeen people inside. When they opened up the truck bed I could see lots of blood, in that small truck there was lots of blood. Human rights investigators could not determine what happened to the dead and wounded people who were transported in this truck. Filep Karma, who is now an Amnesty International prisoner of conscience, told me about how to find one mass grave. But, forensic archaeologists have not yet visited this site. Elsham Papua produced a 69 page report in Indonesian about the massacre titled “Names Without Graves, Graves Without Names.” The report called for an international investigation.
A Government Planned Highway in West Papua Poses Grave Danger for West Papuan Forests and Further Marginalization for Papuans
In late June, Agence France Press reported that an Indonesian plan to build a highway through the forests of Papua had drawn strong protest from Papuan NGOs and Greenpeace.
The 2,796 mile highway, NGOs noted in a joint statement cited by AFP, “would lead to an explosion in palm oil plantations and allow easy access for illegal loggers.” Greenpeace’s Bustar Maitar added that the planned highway “”would not only result in irreversible biodiversity loss and consequent ecological disaster, it will have a devastating impact on the lives and livelihood of the Papuan people.”
The NGOs also indicated that Papuans have not been consulted about the plan. West Papua is already the victim of rampant illegal logging, often carried out by or under the protection of the military. West Papua’s fate may be similar to that of West Kalimantan where vast stands of valuable hardwoods were burned to make way for palm oil plantations. The broad scale destruction of forests and subsequent government-organized in-migration of outsiders to develop and work the plantations was a major factor in the marginalization of the indigenous Dayak, exactly the impact that Greenpeace and others warn about for Papuans.
International Crisis Group Assesses Prospects for Communal Violence in West Papua
The International Crisis Group Asia Report (N°154 16 June 2008) discussed “Communal Tensions in Papua.” The report’s “Executive Summary And Recommendations” leads with the warning that “conflict between Muslim and Christian communities could erupt unless rising tensions are effectively managed.” It notes that such conflict almost broke out in Manokwari and Kaimana in 2007. The report cites the following as “key factors:” continuing Muslim migration from elsewhere in Indonesia; the emergence of new, exclusivist groups in both religious communities that have hardened the perception of the other as enemy; the lasting impact of the Maluku conflict; and the impact of developments outside Papua.”
The Report offers a succinct and persuasive analysis of the principal impetus to conflict:
“Many indigenous Christians feel they are being slowly but surely swamped by Muslim migrants at a time when the central government seems to be supportive of more conservative Islamic orthodoxy, while some migrants believe they face discrimination if not expulsion in a democratic system where Christians can exercise “tyranny of the majority.” The communal divide is overlain by a political one: many Christian Papuans believe autonomy has not gone nearly far enough, while many Muslim migrants see it as a disaster and are fervent supporters of centralised rule from Jakarta.
The report emphasizes that there are positive steps and trends that are ameliorating tensions. It notes that pairing Christian and Muslim officials in senior local government positions and a careful division of economic and other resources between the communities appears to have staved off conflict in some areas such as Merauke. In other areas such as the Bird’s Head region, Papuan Muslims have been able to play the role of broker.
The report also points to various mechanisms that are available for dialogue among religious leaders in Papua, including the working group on religion of the Papuan People’s Council (Majelis Rakyat Papua, MRP), though the report questions how much impact such bodies have at grass roots levels.
The reports recommendations to the national government include a call for both national and local officials to “ensure that no discriminatory local regulations are enacted, and (that) no activities by exclusivist religious organizations are supported by government funds.” (Military support for mostly Islamic militias would appear to fall into this category.) The report also calls on the national government to “instruct the armed forces and police to ensure that Papua-based personnel are not seen as taking communal sides.”
The report also notes a role for international donors to (in conjunction with the national government) to identify areas of high tension where conflict might be defused by non-religious projects involving cooperation for mutual benefit across communities. The report also recommends that international donors “support conflict-resolution training for Papua-based organizations, including the Majelis Muslim Papua and the religious working group of the Papua People’s Council (Majelis Rakyat Papua, MRP).
Unfortunately, the report does not include among its recommendations a call for an end to impunity for security forces and justice in the many cases involving both Muslim and Christian Papuans who have been the victims of rape, torture, murder and expropriation of land at the hands of the Indonesian security forces. Establishing a climate of true justice could go a long way in addressing the fears and insecurity of all Papuans.
(For full report see: http://www.crisisgroup.org/home/index.cfm?id=5485&l=1)
West Papua Report
June 2008
This is the 49th 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 by the East Timor and Indonesian 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.
Summary:
- Indonesian troops have begun sweep operations targeting villages in the Papuan central highlands in search of clothing or paraphernalia which bear what the government considers separatist symbols
- Papuan religious leaders visited the US in May to describe to US officials, US religious leaders and others ongoing human rights abuse and environmental devastation in West Papua.
- UN Committee on Torture expresses concern about human rights abuse in West Papua, noting military “sweeps” which aflict civilians and the continued presence of a military officer wanted by interpol and those charged with war crimes icontinues to hold the senior military position in West Papua.
- Amnesty International in its 2008 annual report noted increased targeting of human rights defenders in West Papua.
- A clergyman who reported on military-backed efforts to force a Papuan community to accept opening of a nickel mine has been subjected to threats and intimidation.
- With a growing military presence, influx of non Papuans into the area and unresolved environmental problems promises by BP that it would avoid problems of other major resource development projects at its Tangguh LNG operation are subject to increasing doubt
- Papua New Guinea has blocked a regional consensus to seat West Papua observers at an upcoming Southwest Pacific Melanesian conference. The PNG stand has drawn an editorial rebuke from a leading PNG newspaper.
Military Sweeps Target Papuan Civilians
According to a report Papuan media, the Indonesian military (TNI) is conducting sweeps in the central highlands which are specifically targeting civilians. The Cenderawasih Post reported on May 9 that AKBP Marolop Manik, head of the police in the central highlands region of Jayawijaya, announced that the Indonesian military would stage a month-long sweep of villages in the region in search of “separtist symols.” Leading the operation dubbed “Mambruk” would be the notorious Indonesian Intelligence Service (BIN) which is widely believed to have played a central role in the murder of Said Thalib Munir, Inodnesias leading human rights advocate, in 2004.
Unconfirmed reports from the region claim that security forces are operating with great brutality and that some villagers have been forced to flee to the surrounding forests and mountains.
In the past, the Indonesian military has launched such sweeps purporting to be targeting armed resistance fighters. Such sweeps create enormous suffering among civilians who are driven from their villages by soldiers who destroy homes of local villagers as well as their sources of livelihood. This operation is different in so far as the civilians are the express targets of the operation.
Papuan Christian Leaders Describe Serious Human Rights Abuse in West Papua
The Catholic News Service carries an account by Indonesian clerics that points to systematic human rights abuse in West Papua. The report is excerpted below:
Indigenous residents of Indonesias Irian Jaya region suffer a multitude of injustices, from rape and murder to the pilfering of riches extracted from their island, said representatives of an Indonesian Catholic diocese. Unsettled disputes and violent conflicts between the Indonesian government and the indigenous residents have resulted in the killing of at least 100,000 people by Indonesian security forces, said Father Cayetanus Johanes Tarong, superior of the Missionaries of the Sacred Heart in West Papua.
“There is murder, intimidation, terror and rapes,” Father Tarong said. “Welfare meant for the people mostly goes to build the infrastructure of the corrupt governmental bureaucracy. They still dont feel safe in their own land.”
The Catholic delegation met with officials of the U.S. Conference of Catholic Bishops May 19. The delegation included members of the justice and peace office of the Diocese of Jayapura and Franciscans International, a Catholic international lobby group. The delegation visited Washington to seek support from U.S. Catholics and members of the U.S. Congress to help ease what they call a humanitarian crisis in the region. The delegation also met with State Department officials.
The increase in identified cases of HIV/AIDS is rampant among indigenous Papuans, because educational information about the virus and how it is spread is limited and the lack of educational facilities is tragic, said Chris Duckett, a Franciscans International advocacy officer based in West Papua.
The delegation planned to spend several days meeting with members of Congress to educate them about the plight of West Papuas indigenous people and to urge them to provide the region with financial aid and mediation between the Papuans and Indonesian government. The delegation also seeks U.S. advocacy for peace in their region and the threat to cut off military assistance to the Indonesian government if it does not address the humanitarian problems.
The UN Committee on Torture Expresses Concern about West Papua
On May 16, the UNs Committee against Torture concluded its fortieth session and made observations and recommendations on a report regarding Indonesia which it reviewed during the session.
The Committee said it was “deeply concerned about the numerous ongoing credible and consistent allegations, corroborated by the report of the Special Rapporteur on Torture and other sources, concerning routine and widespread use of torture and ill-treatment of suspects in police custody, especially to extract confessions or information to be used in criminal proceedings, as well as by members of the security and police forces, including by members of the armed forces, mobile police units, and paramilitary groups, during military and ?sweep? operations, especially in Papua, Aceh and in other provinces where there had been armed conflicts.”
The Committee further noted that it was concerned with Indonesias “lack of international judicial cooperation in investigating, prosecuting or extraditing perpetrators of acts of gross human rights violations, especially with regard to acts that occurred in East Timor in 1999, the Committee was deeply troubled at evidence that alleged perpetrators of war crimes wanted by Interpol, such as Colonel Siagian Burhanddhin, for whom Interpol had raised a red notice, were currently serving in the Indonesian military forces.” Colonel Siagian is Commander of the Indonesian Military (TNI) in Jayapura, the capital of West Papua.
Amnesty International Notes Increasing Targeting of Papuan Human Rights Defenders
On May 28, Amnesty International issued its annual report for 2008, including a report on human rights tredns and developments in Indonesia that focused in part on West Papua. The report noted continued “Torture, excessive use of force and unlawful killings by police and security forces ” and that “most perpetrators of gross human rights violations in the past … continued to enjoy impunity.” The report emphasized that “the situation in Papua remained tense with increasing targeted attacks and threats against human rights activists and church leaders.” It also noted that “the number of possible prisoners of conscience increased sharply with up to 76 people detained for peacefully expressing their political or religious views.”
The report added that “freedom of expression continued to be severely restricted” with “a sharp increase in attacks and threats against human rights defenders following the visit in June of Hina Jilani, the UN Special Representative of the Secretary General on Human Rights Defenders.” The report further pointed out that Jilani had “highlighted the continuing harassment and intimidation of defenders by the police, military and other security and intelligence agencies and the restrictions on access to victims and sites of human rights violations, particularly in Papua.”
In a special section devoted to West Papua, Amnesty International noted the following: “The low-level conflict between the security forces and pro-independence militants in Papua continued. The military repeatedly threatened local community members who supported independence through peaceful means. An army official who had been indicted for crimes against humanity in Timor-Leste, but had yet to face trial, was nominated as military commander in the Papuan capital, Jayapura. Reported human rights violations by security forces included extrajudicial executions, torture and excessive use of force.”
Amnesty International also drew attention to the fact that “prisoners of conscience” Filep Karma sentenced to 15 years, and Yusak Pakage sentenced to 10 years, remained in jail. Both were convicted partly under these articles in May 2005 for raising the Papuan flag. It also highlighted the case of Albert Rumbekwan, director of the National Human Rights Commission (Komnas HAM) in Papua, who it noted has received death threats and was kept under surveillance following the visit by the UN Special Representative on Human Rights Defenders.
Indonesian Intelligence Terrorize Family of Pastor after He Reveals Nickel Mining Conflict
According to Biak News (May 28), Indonesian security and intelligence personnel have targeted for intimidation the Reverend Esron Abisay who is the Head of Evangelical Christian Chuch in North Biak. The intimidation, which has extended to his family and is on a 24 hour per day basis, followed release of report the Pastor had written regarding security force-supported efforts to open a Nickel Mine in Tablasupa villages.
Pastor Abisays report concluded that the proposed nickel mine in the Tablasupa area had caused conflict as local people strongly who had peacefully resisted plans to open the mine even in the face of police and eventually military support for the developers.
The dispute followed June 29, 2007 action by the Jayapura Regency Government which gave the right to mine nickel in the area to Tablasupa Nickel Mining Inc. (The company is the property of the Indonesian State.)
On July 1, 2007, Tablasupa Nickel Mining Inc held a meeting with local people to present a profile of the company plan, but local people rejected the proposal. Shortly later, several local people stepped forward to claim ownership of the prorposed mine site. Police responded by seizing the claimants and taking them to Jakarta where they were accused of being part of a separatist group.
Local people continued to resist opening of the mine and on February 24, 2008, protested in front of the Parliament of Jayapura Regency Government. They later blocked the road in their villages to oppose the mines opening. Finally, on March 8, the Jayapura District Government supported the local peoples call to prohibit the opening of the mine.
The Nickel company then sought to exert pressure on the local citizens by labeling them “separtists” and calling in the police to “monitor” the situation. On April 2, 2008, two Indonesia Army intelligence agents launched interrogations of local people.
Growing Doubts about BP Natural Gas Project
Despite promises by British Petroleum (BP), there are growing doubts that the major BP natural gas extraction project in Bintuni Bay known as Tangguh will escape the tragic fate of other major exploitation projects in West Papua. Like the notorious Freeport-McMoran Cooper and Gold mine in Tembagapura which has a record of chronic human rights abuse and environmental destruction, the Tangguh project is coming under growing military pressure and raising basic environmental concerns. Despite BP promises to limit the role of the Indonesian military in the project area, there is a growing military presence in the neighboring towns, including Bintuni itself and Babo. There is also a growing population of non-Papuans attracted by the prospect of employment.
BP has failed to address the issue of carbon capture from the Tangguh site, which is due to begin production by the end of 2008. BP also has failed to offer any plan to address the pollution associated with the massive increase of sea transport to and from the Tangguh site which threatens to pollute waterways and disrupt traditional fishing.
Papua New Guinea Reportedly Blocks Melanesian Consensus to Give West Papua “Observer Status” at Regional Meeting
Human Rights defenders monitoring diplomatic developments report that the Government of Papua New Guinea is blocking efforts to grant observer status at the South Pacific regional “Melanesian Spearhead Group” meeting convening in the next week.
The effort to grant observer status reportedly is led by the Government of Vanuatu and supported by delegates from the Solomon Islands, Fiji and New Caledonia. Papua New Guinea, which borders Indonesia, has traditionally been sensitive to the interests and desires of its giant neighbor.
The National PNG, on May 30 strongly editorialized against its Governments stand. Excerpts of that editorial follow:
“(W)e are of the opinion that pretending the Papua issue doesn?t exist will achieve nothing for PNG and could even be counter-productive for our relations with Indonesia. That nation pursued an aggressive policy of trans-migration in past decades that saw thousands of Muslim Indonesians transplanted into a territory where the main religious inroads had been made by Christianity.
“When PNG gained independence, it was natural for our governments to seek to maintain the closest possible relationships between our country and our Indonesian neighbours. Today it is much harder to justify a narrow-minded foreign policy that simply ignores the outcry from our immediate neighbours. The outcome of the Melanesian struggle for autonomy or independence in that Indonesian province may well be years away, but we predict that in the end, full or part independence will come to the province. And if it does, PNG?s relationship over the years with those fighting for a measure of freedom over the border will come under close scrutiny.
“It may well be that we would be better off to at least listen to the representatives of those people at the current MSG meeting and show some humanity towards their cause.
“Does our government fear some form of invasion from Indonesia?”
West Papua Report
May 2008
This is the 48th 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 by the East Timor and Indonesian 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.
Summary:
- Security forces break up Papuan student demonstrations in West Papua, but allowed Papuan students to demonstrate elsewhere
- Rio Tinto’s Board, at its annual general meeting, faced sharp questioning on the Freeport McMoran mine
- Papuan political prisoners are incarcerated with common criminals in violation of Indonesian law
- Papuan leaders meet and form the West Papuan Coalition for Liberation
- Senior Indonesian Military comments and appearance of pro-military militias point to new threats to Papuans
- International NGO’s Sign Letter of Concern to BP
Military and Police Block Peaceful Papuan Student Protests; Ignore Protests Outside West Papua
On April 22, 300 heavily armed military and police units blocked a student protest in Abepura. Seven demonstrators who were initially arrested were subsequently released. The security forces acted before the demonstration had even begun, seizing three trucks of would-be demonstrators near Jayapura city.
The security force action followed police refusal to issue a permit for the demonstration and, according to the police, targeted students who had “given political speeches in front of a crowd in Abepura.”
The police refusal to issue a permit purportedly was on the basis of law number 9 that specifically ban protests that are deemed to “undermine the Unitary State of the Republic of Indonesia.”
A spokesperson for the demonstrators said that the peaceful demonstration and a call for a national civil strike was intended to protest the governments of Indonesia, the Netherlands, the United States and the United Nations. The protest was to have called on these governments and the UN to restore Papuan sovereignty which was denied to Papuans by the 1969 fraudulent “Act of Free Choice” under which Indonesia annexed West Papua.
Security forces did not interfere with identical, simultaneous peaceful demonstrations in Jakarta, Yogjakarta and Bali. However, the authorities did break up a separate demonstration in Manokwari in West Papua, clearly indicating a more restrictive posture toward demonstrators in West Papua.
In the Bali demonstrations West Papuan students from the United West Papua Popular Struggle Front (Pepera) demonstrated against special autonomy for West Papua. They also called for a referendum to be held in West Papua on Papuans’ political future. Some of these demonstrators also called for closure of Freeport McMoran, the giant copper and gold mine. In his speech, action coordinator Wens Papua noted that the Papuans had become the victims of capitalist exploitation.
Rio Tinto Confronts Serious Question at Annual General Meeting
On April 24 the Rio Tinto board which controls a major portion of the Freeport McMoran Gold and Cooper mine faced difficult questions at its Annual General Meeting in Brisbane. Carmel Budiarjo, a deeply respected human rights crusader of Tapol, underscored the wealth flowing to the company in contrast to the unrelenting poverty and suffering of the people who live in the mine’s shadow. She noted that the Mimika Statistics Agency recently reported that 28,000 of the 45,000 families in the vicinity of the mine are living below the poverty line and lack access to basic health care. The Agency noted that ‘Mimika is one of the biggest mining areas in the world but its people are still categorized as poor.’
Budiarjo also noted that HIV/AIDS is widespread in the area, largely because of the presence of workers at the mine. Papua now has the highest incidence of the disease in Indonesia.
Budiarjo demanded to know: “What has Rio Tinto done to address the serious problem of pollution affecting local rivers and water sources, and what had it done to improve medical services to deal with grave health problems afflicting local communities?
In the same April 24 meeting, Rio Tinto’s Paul Skinner claimed that mine tailings dumped into the Ajqua river system from the Freeport McMoran mine were not toxic. The claim flies in the face of numerous highly regarded government studies and ignores the decision by the Norwegian Government Pension fund to disinvest in the company because of the severe environmental damage caused by the practice of riverine tailings disposal.
One study completed by the Indonesian environmental and human rights organization Walhi in partnership with Friends of The Earth noted that “Freshwater aquatic life has been largely destroyed through pollution and habitat destruction in the watercourses which receive tailings. This report is available athttp://www.eng.walhi.or.id/kampanye/tambang/frpt-report-may-06/ .
A member of the West Papua Advocacy Team who trekked across the miles wide and miles long tailings delta that had built up for decades in the Ajkwa basin found a desert in the middle of pristine rain forest. Only one type of grass grew on the beach sand-like tailings. There were no birds or insects and various stretches were made treacherous by quicksand.
Security Forces Hold Scores of Peaceful Papuan Protesters as Common Criminals
A prominent Australian Human Rights Activist, Nick Chesterfield, reports that the Indonesian security forces continue to round up and incarcerate peaceful Papuan political protesters as common criminals. Their offenses, as noted in the April West Papua Report, include raising of the Papuan “morning star flag.” Chesterfield observed that treating these peaceful political protesters as common criminals exposes them to severe health and safety risks. A UN report in 2007 noted frequent use of torture and beatings in Indonesian jails, notably those in West Papua. Chesterfield also notes that in some cases families of those detained have also been singled out for intimidation and abuse.
Papuans Hold Unit Summit in Vanuatu
Papuans representing a number of West Papuan political organizations met in Vanuatu in April to participate in a convening of the West Papua National Coalition for Liberation. The spokesman for the Vanuatu-based West Papuan People’s Representative Office, John Ondawame, said the meeting was to organize a unified leadership and to begin a new diplomatic struggle for self-determination for the West Papuan people. (See following report for details on the outcome of the meeting.)
The delegates held meeting with most of the senior officials of Vanuatu. The Foreign Minister of Vanuatu assured the delegates that he planned to raise the West Papuan struggle for self-determination at the upcoming Melanesian Spearhead Group (MSG). He added that it was his hope that West Papua would eventually achieve “observer status” at the MSG and at the Pacific Islands Forum.
“West Papuan National Coalition for Liberation” Formed
In an April 29 press statement, Papuan activists have announced the formation of the “West Papua National Coalition for Liberation.” The announcement followed a meeting held in Port Vila, Vanuatu during April 2008, The West Papua National Coalition for Liberation elected Richard Yoweni of the National Liberation Army of West Papua (TPN PB) as Chairman, Dr. John Otto Ondawame as Vice Chairman and Mr. Rex Rumakiek as the Secretary General. The Secretariat for the WPNCL will be established at the West Papuan Peoples Representative Office in Port Vila, Vanuatu.
Spokesperson for the group Runawery commented that “Indonesian Government control over West Papua for the past 45 years and the implementation of its so-called ‘Special Autonomy’ package in the past 5 years has grossly failed the West Papuan people.” Runawery went on to say, “Under Special Autonomy there has been very poor administration leading to the rapid deterioration of health and education of Papuan people, an ever increasing wave of the HIV/AIDS and huge profiteering from the exploitation of West Papuan natural resources and rainforests.”
He added: There is now a disastrous situation where West Papua people are on the brink of becoming a minority in their own land.”
“International support for Special Autonomy has been a success for international investors, including BP at the Tangguh gas project & RTZ at the Freeport copper mine. These investments have effectively underwritten the occupation of West Papua by the Indonesian security forces.”
Indonesian is in a phase of business expansion in West Papua and that means the abuse of human rights of indigenous West Papuans, the restriction of political freedom and tightening military control. The expansion of Indonesian Government backed businesses and economic interests is at the expense of the people of West Papua.”
“WPNCL is now seeking Observer Status with the Melanesian Spearhead Group and the Pacific Islands Forum as a platform for the people of West Papua within the United Nations and other international forums.”
“The WPNCL will seek to reverse the so-called Act of Free Choice of 1969 and re-inscribe West Papua on UN Decolonization Committee in so that the people of West Papua are given the due process of ‘self-determination’.”
The WPNCL will continue to seek internationally mediated negotiation with the Republic of Indonesia as the best way of resolving the ongoing armed conflict promoted by the Indonesian security forces and reversing the disastrous human rights and spiraling health situation of the West Papuan people.”
Indonesian Military and Militias Pose Threat to Papuans
A revealing series of comments by a senior Indonesian military official and an official from one of its allied militias point to the threat posed to peaceful Papuan demonstrators.
On April 24 the website of the Indonesian daily Kompas reported that Commander of the 1703 Military District, Lieutenant Colonel Irham Waroihan, in Manokwari, West Papua stated that the OPM (the small armed resistance force fighting for Papuan independence) were “issuing orders for demonstrators” such as those detained in peaceful political demonstrations in recent months in West Papua. He claimed that the OPM used “fictitious names in order to escape being traced.”
Separately, the same report cites the “Deputy Chairperson of the Red and White Indonesia Movement in Manokwari, Siti Fatimah Tahir” in comments chastising the student demonstrators, describing them inter alia as “lazy.”
The unsubstantiated contention by Lt. Colonel Waroihan that the students were following OPM orders could gravely complicated their legal status placing them in far greater jeopardy. Public reference to the “Red and White Indonesian Movement in Manokwari is ominously reminiscent of the military-run “Red and White” militias that terrorized East Timorese civilians in the 1998-99 period.
Papua crackdown overshadows BP project 31 March 2008
Amid increasing concern about Indonesia’s harsh treatment of peaceful protestors in West Papua, more than 30 human rights groups and individuals worldwide, including ETAN and WPAT, are warning BP that its new $US6 billion Tangguh natural gas project is a potential source of instability in the troubled region. In a letter to the British company’s Chief Executive, Tony Hayward, the organizations highlight the pressing need for independent external scrutiny of the BP operation, highlighting reports of increased activity by the Indonesian military (TNI) in the area of the project. The TNI’s past record suggests that it is likely to adopt a highly intimidatory approach, giving rise to possible conflicts with the local and wider Papuan community,’ they say. In their letter, the organizations point out that the project is regarded by some Papuans as an obstacle to the realization of their wider political aspirations. BP is seen by them as a collaborator with Jakarta’s exploitation of West Papua’s natural resources.
The letter is prompted by BP’s decision not to extend the mandate of the Tangguh Independent Advisory Panel (TIAP). It was sent in the wake of a wave of arrests of Papuans peacefully protesting a ban on regional symbols such as the Papuan Morning Star flag. Most of the arrests took place in Manokwari, the capital of the province in which Tangguh is located. The letter also lists concerns relating to the social and environmental impacts of the project.
Two weeks ago, The Guardian newspaper reported on a letter from Papuan leaders complaining that BP has reneged on agreements and is ‘taking sides with the Indonesian government, as they are bypassed from all lasting benefits.’ Earlier a large number of troops were deployed to the area to provide security for a visit to the project by Prince Andrew, the UK government’s business envoy.
West Papua Report
April 2008
This is the 47th 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 by the East Timor and Indonesian 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.
Summary:
- Indonesian arrests of peaceful Papuan demonstrators prompted a U.S. NGO appeal to Secretary of State Rice.
- UK Government calls on Jakarta to launch a dialogue with Papuans. The UK also calls for an end to central government restrictions on access to West Papua.
- U.S. State Department criticizes “transmigration” resumption in West Papua, but pulls its punches in reporting generally on human rights in West Papua, particularly with regard to marginalization of Papuans through denial of critical services.
- Two senior U.S. members of Congress appeal to President Yudhoyono to end restrictions on access to West Papua. The letter notes that Papuans have judged “special autonomy” to be a failure.
- Papuan Governor resists Presidential call for him to lift ban on export of unprocessed logs from West Papua.
- Indonesian Navy is constructing a base in Bintuni Bay, near BP Tangguh gas project.
U.S. NGO’s Call on Secretary Rice to Act on Arrests of Papuans
The East Timor and Indonesia Action Network (ETAN) and the West Papua Advocacy Team (WPAT) have urged Secretary of State Rice to act on behalf of Papuans detained by Indonesian Security Forces in March arrests. Those arrests were made under the “subversion” law which the Indonesian Constitutional Court declared unconstitutional on July 17, 2007.
An abbreviated version of that letter follows:
On March 13, Indonesian police arrested twelve people in Manokwari, West Papua, during a demonstration against a 2007 law banning the display of separatist symbols, including the Morning Star Flag. The demonstrations also called for a referendum regarding the political status of West Papua and expressed opposition to the 2001 Special Autonomy Law that they claim has failed to bring improvement to the lives of Papuan people. As Human Right Watch has reported, one of the twelve arrested in Manokwari is reported to be a 16-year-old boy. As of March 25 there were reports that he had been released from custody but he may still face charges On March 19, Indonesian security officials in Jayapura arrested four more Papuans in a similarly peaceful demonstration that opposed the same 2007 law. On March 25, security authorities arrested Eli Kaiway in connection with the peaceful demonstrations of March 13 and 19.
The 17 individuals appear likely to face trial for breaching Regulation 77/2007 and may also be charged with makar, which translates into English as “rebellion.” In the past, Papuan activists openly supporting separatism have been sentenced to a 20-year prison term for the peaceful expression of their political views.
Indonesia’s arrest and detention of peaceful activists violates the internationally recognized rights to freedom of expression and assembly as set forth in the International Covenant on Civil and Political Rights, which Indonesia ratified in February 2006.
The West Papua Advocacy Team (WPAT) and the East Timor and Indonesia Action Network (ETAN) condemn Indonesia’s violation of the right of peaceful self-expression and urges the U.S. Government to press the Indonesian government to drop all charges against these peaceful demonstrators. WPAT and ETAN, recalling the recent UN reporting regarding severe mistreatment of those detained by Indonesian security officials, also urge that the U.S.. Government communicate to the Indonesian government its concern for the welfare of these detainees pending their release
According to credible reporting by international monitors, Papuan and other journalists who have sought to monitor developments associated with these demonstrations and other recent peaceful demonstrations have faced intimidation and interference from security forces. This security force conduct violates Indonesia’s commitments under international human rights instruments to which it is party. WPAT and ETAN urge the U.S. Government to remind the Indonesian Government of its obligations in this regard as well.
The full text of the letter can be found here.
UK Government Calls on Jakarta to Begin Dialogue with Papuans
Radio New Zealand International on March 28 reported that the UK government had called on the Indonesian Government to launch a dialogue with Papuans. In its Human Rights Report 2007 launched this week, the Foreign Office stated that while peace was being maintained in Aceh, Indonesia continues to experience low level conflict in Papua.
The report, like the U.S. annual human rights reporting on Indonesia (see report below), expressed concern about the human rights situation in Papua. The brief text on Papua reads as follows:
“Nevertheless, low-level conflict in the province of Papua continues. We believe that the full implementation of the special autonomy legislation (passed in 2001) would be an important step in resolving the complex issues in Papua. However, there are still obstacles, and progress is slow. We continue to encourage peaceful dialogue, and to urge all Papuan groups and the Indonesian government to engage constructively on this.
“Although the human rights situation in Indonesia has improved significantly over the past few years, we continue to have concerns, which we raise, about the situation in Papua, in particular restrictions on access to Papua by NGOs and journalists, allegations of violations by the Indonesian armed forces, and regular reports of threats against human rights defenders.”
United Kingdom Foreign & Commonwealth Office Human Rights Annual Report 2007 is available at http://tinyurl.com/344596
Annual State Department Human Rights Reporting on West Papua Lacks Crucial Context
The State Department’s annual human rights reporting on West Papua, contained within reporting on Indonesia commendably notes some major abuses but ignores context of Jakarta polices that marginalize Papuans.
The report correctly observes that travel restrictions and intimidation of human rights advocates are common in Papua. The report fails to note, however, that when visits are allowed, they are frequently sharply curtailed or suffer direct security force interference. Failure to report this fact is particularly surprising in so far as a U.S. congressman and the U.S. Ambassador experience such interference personally in late 2007 (see following report.)
Moreover, the report frequently fails to observe in the Papuan context that security force violations of rights, many documented within the report, rarely result in criminal prosecution of the perpetrators.
The report does address a fundamental Papuan human rights concern, the ongoing policy of “transmigration” whereby “settlers” from other islands in the archipelago are sent by the Indonesia government to West Papua where they compete with and frequently displace existing Papuan populations. The policy, developed and implemented most aggressively during the Suharto dictatorship, has had the effect of ethnically cleansing most Papuan towns and many valuable rural Papuan lands. However, the condemnation of the policy is presented as having been voiced by “local residents” rather than by numerous international human rights organizations or by the report itself. The report’s failure to highlight and specifically condemn this policy ignores the cautionary reality that transmigration elsewhere, notably in West Kalimantan, has led to widespread civil conflict
The report acknowledges that security forces have played the lead role in restricting legitimate, peaceful political activity by Papuans. Nevertheless, it offers a summary judgment that “the law provides citizens with the right to change their government peacefully, and citizens exercised this right in practice (through elections).” This characterization ignores both the undermining by the central government of the autonomy law to undermine the authority of the locally-elected government, as well as persistent actions by the central government’s security forces to preclude Papuan self-determination. Those actions have constituted the basis for much of the violations of human rights by the security force in the Papuan context.
The report acknowledges that Papuan religious leaders have been the target of security force abuse but fails to note that historically the brutal repression of all Papuan political dissent, has led to the emergence of clergy as the principal avenue for the expression of Papuan rights.
Finally, the State Department’s annual human rights global reporting exercise, by focusing on civil and political rights, has consistently failed to address the abuse of human rights in the social, cultural and economic spheres as set forth in the Universal Declaration of Human Rights. This inadequate focus on this broad category of rights is particularly consequential in West Papua where decades of central government neglect has deprived Papuans of their fundamental rights to education, health care, employment and self-realization through cultural development. It is in part because of such neglect that charges of genocide against Papuans have been raised by international human rights observers.
A longer critique of the Indonesia chapter of the Country Reports on Human Rights by WPAT and ETAN can be found athttp://www.etan.org/news/2008/03statehr.htm.
Senior U.S. Members of Congress Call on Indonesian President to End “unreasonable restrictions on International Access to West Papua”
In a letter dated March 5, 2008 to Indonesia’s President Susilo Bambang Yudhoyono, Congressman Eni Faleomavaega, Chairman of the House Foreign Affairs’ Subcommittee on Asia, the Pacific, and the Global Environment, and Congressman Donald Payne, Chairman of the Subcommittee on Africa and Global Health, joined forces in calling upon Indonesia to end unreasonable restrictions on international access to West Papua. The complete text of their letter follows:
Dear Mr. President:
In 2005, at your request, we suspended our support for West Papua’s right to self-determination in order to give you time to implement the Special Autonomy legislation passed by the Indonesian Parliament in 2001. We welcomed the promise of this legislation and your personal assurances that your government would finally accord the Papuan people a fair share of the great wealth derived from Papuan resources. However, after three years, we note that the people of Papua, through the voices of Papuan religious and civil society leaders as well in broad public demonstrations, have declared Special Autonomy a failure.
We are also disappointed that your government has not made substantial progress in implementing Special Autonomy While your administration has designated Special Autonomy funds for Papuan development, these funds have not reached the Papuan people who, after over four decades, still lack even rudimentary health and educational services. As you will agree, effective distribution and utilization of these funds require trained Papuan cadre and an infrastructure with the capacity to disburse these funds efficiently and honestly, and this means there is a critical need to develop Papuan cadre and infrastructure. This need can only be met by a concerted effort involving your government and international agencies such as USAID.
This is why we have repeatedly asked that you work with the U.S. Congress and the United Nations, to develop a plan that assures effective implementation of Special Autonomy In no way do we believe that throwing money at the people of Papua for the next 15 or 20 years relieves Jakarta of its responsibility to educate the people of Papua and help them build the capacity they need to effectively manage their affairs.
In fact, to leave an uneducated populace without the tools it needs to rebuild itself is to promote social and cultural genocide, and this is not right, especially if Indonesia is intent on the United States supporting its territorial integrity. If Indonesia is intent on the U.S. supporting its territorial integrity, in turn, Indonesia must be intent on doing right by the people of Papua Doing right by Papua means: a) implementing a plan of success; b) opening your doors to allow Members of the U.S. Congress, United Nations personnel, and non-government agencies access to Jayapura and the rest of the province; and c) demilitarizing your approach. Indonesia’s reliance on force for the maintenance of control is counterproductive, and long-standing abuses by security forces have galvanized independence sentiments among majority Papuans.
In this latter regard, the January 28 UN report by UN Special Representative Hina Jilani documents continuing intimidation and abuse of human rights advocates by an Indonesian military that remains largely unaccountable before Indonesian courts. Our letter to you on December 13, 2007, which is enclosed for your information, also specifically addressed the Indonesian military’s use of undue force. Because you never replied to the letter, we can only assume that you did not receive it or that the concerns expressed were of no interest to you at the time of your receipt. However, given that Congress is now contemplating increasing funding to train your security forces, including KOPASSUS and BRIMOB, we are hopeful that you will now address the concerns expressed in that letter.
Also, we are enclosing photographs and a DVD which show one Member’s experience with your military while in Biak and Manokwari. Prior to Congress taking further action to increase funding for your military, we are sending copies of these photos and this DVD to U.S. Secretary of Defense Robert M. Gates, U.S. Secretary of State Condoleezza Rice, House and Senate appropriators, Members of the Congressional Black Caucus, and Members of the House and Senate Foreign Affairs’ Committees. We are also enclosing our December 13, 2007 letter because we believe it is important for our Administration and colleagues to know that your government denied a Member of the U.S. Congress access to Jayapura.
While the photos and DVD do not fully capture your military’s overuse of force during Congressman Faleomavaega’s visit, we believe that they clearly show a pattern of your military’s misuse of force. Although your military stated that this use of force was for the Congressman’s protection, we believe you will agree that no Member of Congress should need hundreds of military personnel in full riot gear to protect him or her in provinces you say are safe Ultimately, Papuans are no threat to Members of Congress. Papuans are the same as you. They want to be heard. They want to be educated. They want to live freely and happily. They do not want to be herded like animals, kept behind police barricades, and silenced at gunpoint.
Therefore, we are hopeful that you will work with us to make the situation for Papuans more tolerable. We are also hopeful that given our goodwill and your past assurances that you will grant us immediate access to Jayapura.
Congressmen Faleomavaega and Payne concluded their letter by stating, “Continued refusal by your military to allow our access to Jayapura and other parts of Indonesia will inevitably call into question the seriousness of your government’s assurances to us regarding your intent to implement Special Autonomy and to end unreasonable restrictions on international access to West Papua.”
Papuan Governor Resists Jakarta Pressure to Relent on Green Initiative
The March 27 Jakarta Post reported that Papuan Governor Barnebus Suebu will not revise his decree on sustainable forest management that bans export of unprocessed logs. The determination to maintain the decree, which has been praised by Greenpeace and other environmental organizations, ignores an appeal by Indonesian President Susilo Bambang Yudhoyono to void the decree.
For its part, Greenpeace observed that “The central government should support the regulation to keep Papua’s forests breathing as one of the world’s lungs. The deforestation rate in Papua should be decreased gradually down to zero in a well-planned program with consideration for Papuan people’s welfare.”
A Suebu deputy noted that in addition to its pro-environment impact, the new policy banning export of unprocessed logs was made to accelerate the development of the forestry industry and empower local communities. “With the new policy, all logs are required to be processed locally to create added value for the province’s economy and generate jobs for locals,” he said. Governor Suebu has invited national investors to build processing plants in West Papua.
In the past, hundreds of thousands of cubic meters of logs were believed to have been stolen every month from the provinces, allegedly smuggled to Singapore and Malaysia with the help of local security authorities. Several local police and military officers have been jailed for their involvement in illegal logging and smuggling.
Indonesian Navy Constructing Base Near BP Gas Complex
A respected Papuan human rights NGO has reported construction is underway for a new naval base in Bintuni Bay, site of the BP gas complex known as Tangguh.
The new base will be called Naval Base of the Republic of Indonesia – Eastern Zone – Naval Operation Base in Bintuni Bay, Hadi Kemon Street, No 4, Bintuni
The base covers an area of more than one hectare and is located about three kilometers from the town of Bintuni. The project includes a number of houses which have been under construction since 2004.
The new military presence will provide a basis for military influence in the area and could facilitate military extortion of the BP complex along the lines of the military’s extortion of funds from the Freeport McMoran complex in Timika-Tembagapura.
West Papua Report
March 2008
This is the 46th 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 by the East Timor and Indonesian 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.
Summary:
- Two senior US Members of Congress have urged the UN Secretary General to address “rising reports of human rights violations in West Papua.” The letter singles out intimidation of Papuans who raised human rights violations with a visiting UN official; continued restrictions on access to West Papua and failure of the central government to implement reforms promised under “special autonomy” legislation. The letter urges “that the Security Council appoint a senior official with responsibility to pursue the creation of a senior level dialogue between the government of President Yudhoyono and Papuan government and civil society leaders to be mediated by a UN Security Council representative.”
- A senior UN Human Rights official provides a detailed account of continuing human rights violations in West Papua, continued failure to hold accountable military officials for those violations and failure of the police to protect Papuan civilians against threats from unscrupulous developers backed by the military. She describes a “climate of fear” in which human rights defenders have been targeted, often labeled as “separatists.”
- Papuan religious leaders condemn “special autonomy” as a failed policy and decry the role of the Indonesian military in West Papua. They call for an internationally monitored dialogue between Papuans and the Indonesian government.
- Proposals to divide West Papua continue to roil efforts to build a stable base for development of West Papua. A prominent Papuan academic notes that the proposals violate special autonomy legislation and risk inciting inter-tribal and inter-cultural conflict.
- Papuan Governor convenes Indonesian and international donors urging that they coordinate their assistance and better engage Papuan people in their planning.
- Dutch Government pledges to better monitor court procedures that impinge on human rights observance in Indonesia and particularly cases in which human rights defenders are threatened.
Senior US Congress Members Call for UN-mediated Dialogue on West Papua
Two senior members of the US Congress have called on UN Secretary General to take action to address human rights abuse in West Papua. The February 14 letter expressed “deep and growing concern regarding rising reports of human rights violations in West Papua.”
The two Congressional leaders, East Asia and Pacific Subcommittee Chairman Eni Faleomavaega and third ranking International Relations Committee member Donald Payne noted that the rights violations came “against a backdrop of decades of abuse by Indonesian security forces targeting the Papuan people.”
Excerpts of the letter follow: (for full text of letter, see http://www.etan.org/news/2008/02wpap.htm) “The upsurge in violence has come on the heels of the June 5 -12, 2007 visit to
West Papua by Special Representative of the Secretary-General, Ms. Hina Jilani. These threats and harassment appear to be specifically focused on Papuans who met with Special Representative Jilani. In her report to you, Ms. Jilani noted “harassment and intimidation” of human rights defenders. Moreover, as noted by Ms. Jilani, security forces in West Papua enjoy impunity from prosecution for human rights abuse and corruption. Juan Mendez, UN Special Advisor on the Prevention of Genocide, described, in 2006, West Papua as being among those countries whose populations were ‘at risk of extinction’.”
“We are also concerned about the tight restrictions placed upon journalists, human rights activists and diplomats trying to obtain access to West Papua. As you know, nongovernmental organizations, the media and foreign officials can act as witnesses to and bulwarks against human rights abuses as well as agents of change. So, the failure of these individuals to gain unobstructed access to the country hinders Papuans’ stories of human rights abuse, quashing of civil liberties and inability to express their right to self-determination from coming to the fore….
“We are also concerned that notwithstanding assurances by Indonesian President Susilo Bambang Yudhoyono that his administration would address long standing Papuan grievances and implement Law No. 21/2001 on Special Autonomy, security and other Indonesian central government officials in West Papua have failed to carry out reforms.
“Understandably, Papuan officials, civil society leaders and Papuans overwhelmingly have rejected the failed Special Autonomy policy of the central government. They have instead rightly called for an internationally mediated dialogue between Papuan officials and civil society and senior Indonesian government officials to discuss such concerns as the demilitarization of West Papua, Papuan self-determination and transmigration of Javanese into Papua.
“We welcome the recent adoption of the United Nations’ Declaration on the Rights of Indigenous Peoples which calls for the elimination of human rights violations and for combating discrimination and marginalization against indigenous peoples. In that spirit, we urge that the Security Council appoint a senior official with responsibility to pursue the creation of a senior level dialogue between the government of President Yudhoyono and Papuan government and civil society leaders to be mediated by a UN Security Council representative.”
Senior UN Human Rights Officials Describes Conditions in West Papua
In a 28 January Report to the Human Rights Council, Senior UN Special Representative Hina Jilani reported on her “Mission to Indonesia.” The official devoted a significant portion of her report to describing security force intimidation targeting Papuan human rights defenders. The report is available at http://tinyurl.com/2byo4t . A portion of that reporting follows (paras 64 through 74):
The Special Representative visited Jayapura, capital of the West Papua province, on 8 and 9 June 2007.
A climate of fear undeniably prevails in West Papua, especially for defenders engaged with the rights of the Papuan communities to participation in governance, control over natural resources and demilitarization of the province. The situation of these defenders does not seem to have eased, and despite the adoption of the Special Autonomy Law in 2001, their legitimate activities for the protection of human rights continue to be targeted. The Special Representative heard credible reports of incidents involving arbitrary detention, torture, and harassment through surveillance. She was also informed of cases where human rights defenders had been threatened with prosecution by members of the police and the military. It was alleged that when defenders had attempted to register their complaints, that had been denied and they had been threatened. Instances of excessive and disproportionate use of force when policing peaceful demonstrations were also brought to her attention.
The Special Representative is particularly disturbed by allegations that when defenders expose abuse of authority or other forms of human rights violations committed by the security apparatus, they are labeled as separatists in order to undermine their credibility. The Special Representative believes that this trend places human rights defenders at greater risk and must be discouraged by the concerned authorities.
The Special Representative is also concerned about complaints that defenders from West Papua working for the preservation of the environment and the right over land and natural resources (deforestation and illegal logging) frequently receive threats from private actors with powerful economic interests but are granted no protection by the police. Some old and recent cases concern direct involvement of the police and military. Complaints were made to the police, but no action was reportedly taken. Sometimes, the police did not even make the effort to examine the facts. The Special Representative reminds the Government that it has a responsibility to protect its citizens against the harmful activities of non-State actors.
This climate of fear has reportedly worsened since the incident of Abepura in March 2006, where five members of the security forces were killed after clashes with protesters demanding the closure of the gold and copper mine, PT Freeport. Lawyers and human rights defenders involved with the trial received death threats. The harassment of these lawyers and defenders around the trial was interpreted as a warning to the community of human rights defenders, who have decreased their activities out of fear of harsh treatment.
Interference with freedom of movement and with defenders’ efforts to monitor and investigate human rights violations was also reported. The Special Representative was perturbed to hear that Komnas HAM is prevented by law enforcement authorities from carrying out its official duties. She was particularly disconcerted by reports that Mr. Albert Rumbekwan, Director of the branch of Komnas HAM in West Papua, was intimidated and threatened on several occasions by the police and unidentified persons in the course of his fact-finding activities. For instance, in March 2006, following the Abepura incident, Komnas HAM tried to conduct an investigation into the incident but the Chief of the local police reportedly warned Mr. Rumbekwan and his colleagues that “if they continue the investigation, the police will kill them”. Mr. Rumbekwan tried to explain the mandate of Komnas HAM to the officer, but this latter threw away the documents Mr. Rumbekwan was handing to him. Mr. Rumbekwan reported all the cases to Komnas HAM in Jakarta, but according to him, no assistance was provided.
The Special Representative was disturbed by reports that international human rights monitors and journalists entering West Papua are subject to tight restrictions and only a few are permitted to operate, resulting in a scarcity of information on the human rights situation in West Papua, mostly with regard to allegations of human rights abuses occurring in remote areas. It is worth noting that, despite guarantees given by the capital to allow visits to West Papua, local authorities often deny access.
The concerns of the Special Representative regarding the situation of human rights defenders in West Papua persist, despite the assurance to her by the Military Commander and the Chief of Police in Papua that there was no institutional policy to target defenders. According to various credible sources, an increase of military presence has been witnessed on the island, despite an official statement alleging the opposite.
According to reliable sources, a number of human rights defenders with whom the Special Representative met during her visit in West Papua were threatened and intimidated during and after the end of the mission. On 8 June, shortly after the arrival of the Special Representative in Jayapura, the vehicle in which Ms. Frederika Korain and Rev. Perinus Kogoya, and Mr. Barthol Yomen, members of the Peace and Justice Commission for the Diocese of Jayapura (SKP Jayapura), were driving was hit by a car driven by intelligence officers. The Special Representative sent a communication about this incident on 11 July 2007. The Government however responded that “this incident was evidently a misunderstanding that led to no injuries of those involved. However, the perpetrators fled the scene with only a weak excuse to exonerate culpability, but apparently not before one of them had given his name and his telephone number”.11 The Government later gave a detailed account of the incident, concluding that “the exact details of the incident [had] been changed and the events dramatized to politicize them”.
On 9 June 2007, Mr. Yan Christian Warinussy, Director of LP3BH (Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum or Institute of Research, Analysis and Development of Legal Aid) of Manokwari, was subjected to surveillance, and on 29 July he received threatening text messages on his mobile phone linking his human rights work to the separatist movement. The Special Representative alerted the Government about this situation in two communications sent on 11 July and 28 August 2007. The Government replied that “nothing malefic came of this incident and investigations thereafter have not thus far been able to establish either a clear description or the whereabouts of the alleged perpetrators”.
The most worrying case is that of Mr Albert Rumbekwan, who on 11 June 2007 received death threats on his mobile reportedly stating: “You who are reporting about the human rights situation in Papua are trying to destroy the people. You want evidence of people being killed, I will kill your tribe, your family and your children will become only bones to show that there is only a zone of peace in Papua”. The Special Representative expressed her grave concern in two communications addressed to the Government on 11 July and 10 August 2007. The Government responded that “[w]hile it is most unfortunate that these incidents should occur during the official visit of the Special Representative [.], it must be stressed that such incidents are not the norm . over the years, [Mr. Rumbekwan] has undertaken an increasingly high profile role as a campaigner for peace, justice and human rights in his region of West Papua . [t]his is something he continues to do to date as head of Komnas HAM in Papua and it should be noted that he has in fact received police protection and escort since he reported he was being harassed”.14 While the Special Representative welcomes the granting of police protection following these threats, she remains concerned at reports that threats against Mr. Rumbekwan and his family persist, indicating that the measures taken by the police are ineffective and should be reinforced.
Papuan Religious Leaders Describe Special Autonomy a Failure, Decry The Role of the Military and Call for Dialogue
On February 7 seven prominent Papuan religious leaders including Catholic Bishop Leo Laba as well as Protestant, Muslim, Buddhist and Hindu leaders have called for declaration of West Papua as a Land of Peace and appealed for an internationally mediated dialogue between the Indonesian central government and Papuans. The leaders described the Special Autonomy Law of 2001 as a “total failure that has brought disaster and the destruction of the native West Papuans future.” The religious leaders also described central government division of West Papua into new provinces and districts as illegal, specifically, in violation of the Special Autonomy Law. These actions have, they contended, divided tribes, failed to create new employment opportunities and failed to advance human resource development. Instead, they described these externally driven efforts as “money-oriented.”
Much of the religious leaders statement focused on the role and activities of the Indonesian military. They contended: “the policy of establishing military posts and the stationing of Indonesian military personnel in West Papua has violated Law No 34 year 2004 about the Indonesian Armed Forces (TNI). The presence of military armed force posts, Indonesian Navy posts & Indonesian Air Force posts in all regions of Papua has disturbed the people’s peace. The decision to establish and station military personnel was made only from one side. In addition, the personnel appointed do not understand the native West Papuan culture and use militaristic approach in dealing with the Papuans. The military personnel used separatist issues [as an excuse] to deal with any Papuans who are critical of the military. Militarism has entered and destroyed the civilian’s ways of life by forming militias such as the “Red and White front.”
The leaders also complained about environmental destruction of Papuan resources as a consequence of illegal logging, illegal fishing, illegal hunting “and illegal distribution of alcoholic beverage which is assumed to be backed by police and military personnel.” Because the actors are military or police personnel, the religious leaders said, “the criminal actions were allowed to happen and there is no legal action to punish the actors.” The leaders also condemned “the labeling of the Papuans as OPM or separatists by the government, the military and the police has created conflicts between the Papuans and the government.” The leaders asserted that in fact “there is no separatism in Papua. The “OPM (Free Papua Movement) issue” is kept and maintained and used by the government for their own interests. In fact, there is a strong assumption that those who claimed themselves as members of OPM were trained and prepared by the Indonesian military and police.”
Two Prominent Papuan Intellectuals Oppose National Parliament Bill to Divide-up West Papua
Papuan intellectuals have expressed strong opposition to a bill in the national Parliament that would create four new provinces in Papua (West Papua, Southeast Papua, South Papua and Central Papua).
Don A. Flassy, a senior researcher at the provincial administration, contended that the Bill was opposed by a majority of Papuans (who have not been consulted about the action). He added that the proposal was in contravention of Law No. 21/2001 on Papua’s special autonomy and the 2004 regional administration law, which recognized the province’s uniqueness in terms of ethnicity, culture and territory.
Focusing on the proposed province of “Central Papua”, Flassy warned in an interview with the Jakarta Post that its creation “would likely incite horizontal conflicts among numerous tribes and local cultures in the future.” He explained that the presence of three separate ethnic groups in the province could pose a serious threat to harmony, offering as proof the prolonged conflict between two tribes in Mimika district, part of the proposed new province. The proposed Central Papua would be home to about 605,000 people, 60 percent of them indigenous Papuans. It has great potential in mining, agriculture, forestry and tourism The proposed new province would also be home to U.S. copper and gold mining company PT Freeport McMoran Indonesia.
The Papuan People’s Assembly (MRP) opposes the proposed formation of the four new provinces, which it said violated the 2001 special autonomy law for Papua. That law requires the MRP’s consent to any new province formation. For his part, Deputy head of the assembly, Frans Wospakrik, said the MRP and the provincial administration had their own ideas on how Papua should be developed into several new provinces, but Jakarta had ignored its suggestions. Frans, also a former rector of Cenderawasih University in Papua, said the assembly was deeply concerned that Jakarta continued looking down on Papuans and ignoring their desire to build a better future.
Five Papuan District Leaders Call for Creation of a New Papuan Province
Five District leaders in West Papua on February 18 announced their intent to form a separate province. Their call came in the context of Provincial district-municipality working meeting (see immediately following item) which they walked out of. The five were leaders from the Districts of Yahukimo, Tolikara Puncak Jaya, Pegunungan Bintang and Jayawijaya. The districts are located in the center of West Papua which is among the least developed parts of the province and the scene of repeated assaults on civilians by the Indonesian military. Declaring that they had lost patience with central and provincial authorities the District chiefs said they would choose Wamena as their capital.
The leaders assessed that Indonesia’s “special autonomy” policy had not made any difference in the lives of the people in the districts which they said remained poor and disadvantaged in every aspect of life. They also claimed that the Provincial level government had also largely ignored these districts.
The five District leaders left for Jakarta on February 16 to meet President Susilo Bambang Yudhoyono, Home Minister Mardiyanto and Commission II members of the House of Representatives.
According to a February 20 Jakarta Post article some residents of one of the Districts, (Pegunungan Bintang district) have protested the formation of a new province.
Papuan Governor Convenes Donors
West Papua Governor Barnabas Suebu hosted a February 15-21 meeting of Papua development partners in Jayapura under the title “Coordination and Synchronization for People Driven Development”. Participants included several ambassadors and representatives of the World Bank, the United Nations and a number of donor agencies. In addition Vice President Jusuf Kalla gave a keynote address. Five Cabinet national ministers as well as Papuan District leaders, mayors and heads of ministerial representative offices were also present.
A February 16 Jakarta Post op-ed by Marcellus Rantetana, a staff member at Partnership for Governance Reform in Indonesia, noted that notwithstanding years of pledges by Jakarta officials and the experience of six years of “special autonomy,” there remained “a deep wealth gap” between Papuans and residents of other province and regions. Rantetana also noted that violations of basic rights persisted. He added, “it has been six years since the (special autonomy) law was passed, but the welfare and living standards in Papua, especially for native Papuans, have not significantly changed. Papua still tops the list of poverty incidence, school dropouts, illiteracy, malnutrition and many others.”
The op-ed faulted the central government’s failure to meet even the most basic of human needs as being not simply a consequence of a shortage of funds. Funds allocated to West Papua have increased significantly in recent years. The author asks however,” how much of these funds have been and will directly benefit Papuans, especially native Papuans, and how much are used for overhead.” Papuan Governor Suebu has publicly noted the imbalance between official expenditures and public expenditures He has explained that most of the local government funds are still used to finance official-related activities, with only a small proportion used for people-related expenditures.
Rantetana called on donor groups and agencies to “take the people along,” explaining that “local people need to be empowered, their institutions need to be strengthened, so whenever we all leave Papua in the future, the Papuans will be able to manage their own resources.”
He further assessed the capacity of government officials at all levels as “far from adequate to properly assume their roles and functions, which in turn has resulted in poor service delivery.” He continued, “planning is based on the subjective creativity of the planners instead of the real needs of the people. Fund management is characterized by lack of transparency and accountability. And the people are yet to be involved in the decision-making process.”
Dutch Minister of Foreign Affairs Pledges Dutch Embassy Will Monitor Papuan Court Hearing
The Netherlands-based Inter Faith Network on Papua reports that during a recent meeting of the Dutch Parliament several members expressed concern regarding the ongoing threats targeting human rights defenders in West Papua. During a special session focused on Indonesia, they raised several individual cases including those of human rights defenders Albert Rumbekwan who has been the target of intimidation and Sabar Olif who has been detained.
In reply to their questions, the Dutch Minister of Foreign Affairs promised that the Dutch Embassy in Indonesia would attend future hearings. The Netherlands recently announced a new human rights policy, in which the protection of human rights defenders is a priority. The EU Guidelines on Human Rights Defenders also specifically mention attending court cases as one of the instruments available to European Embassies to actively contribute to the protection of human rights defenders.
West Papua Report
February 2008
This is the 45th 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 by the East Timor and Indonesian 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.
Summary:
- Suharto’s legacy lives on in the daily suffering of Papuans.
- President Yudhoyono salutes Suharto for his brutal role in annexing West Papua.
- Indonesian Government study calls West Papua among the most “backward” despite years of Jakarta “development,” signaling the failure of “special autonomy.” The Word Bank study notes 40 percent of Papuans live on less than 50 US cents per day.
- Plans to further divide the Papuan homeland absent required consent of the Papuan people.
- A prominent Papuan notes the latest in a pattern of restriction of freedom of speech in West Papua.
- Papuan Governor Suebu searches for symbol to replace Papuan “Morning Star.”
- UK Government calls for a dialogue between the Jakarta and the Papuan people.
- Jakarta Post reveals extraordinary poverty in areas adjacent to the famously rich Freeport McMoran copper and gold mine in West Papua.
Suharto’s Legacy Lives on in West Papua
The passing of Dictator General Suharto has prompted a torrent of commentary, much of it focused on the fact that he escaped earthly justice for his vast human rights crimes and corruption.
Carmel Budiardjo, founder of TAPOL and herself a prisoner under Suharto, took special note of his crimes in West Papua, writing:
“It was under Suharto that Indonesia compelled the people of West Papua by force of arms to become a part of the Republic of Indonesia, following the fraudulent Act of Free Choice in 1969. Since then, the West Papuan people have suffered from massive human rights abuses, helpless to halt the unbridled plunder of their natural resources. While the West Papuan people live in abject poverty, the Indonesian state has reaped huge benefits from revenues, royalties and taxes from foreign enterprises such as Freeport which was granted a concession by Suharto to extract copper and gold in 1967, and it will soon start profiting massively from British Petroleum, now renamed Beyond Petroleum, as it starts to exploit West Papua’s natural gas.”
The Suharto legacy lives on most clearly in West Papua. Behind a screen of restricted access and travel that obscures ongoing abuse from international scrutiny Indonesian security forces continue to kidnap, torture and kill. Moreover, as in the past throughout the archipelago, the corrupt military continues to godfather corrupt logging and other illegal operations that devastate the Papuan environment. And like Suharto, those military and civilian officials who perpetrated such crimes and who currently abuse human rights continue to evade accountability.
In a letter to U.S. Ambassador to Indonesia Cameron R. Hume, ETAN and WPAT strongly criticized his failure to acknowledge Suharto’s human rights crimes. “It is his military which continues to repress civilian populations in West Papua and elsewhere. And it is his military which the current U.S. administration plans to continue to train and arm,” they wrote. (see http://www.etan.org/news/2008/01hume.htm)
Yudhoyono Salutes Suharto’s Brutal Subjugation of West Papua
Indonesian President Yudhoyono, in a January 28 eulogy for deceased General Suharto, praised the dictator for the brutal military operation in Papua which killed thousands.
The current president commended Suharto for leading Operation Mandala, the military operation in the early 1960′s that repressed popular opposition among Papuans to their forced annexation by Indonesia. SBY said in part: “In 1962, he led the forces which bravely struggled for West Irian (Papua).”
U.S. Embassy documents at the time (since declassified and released) acknowledged U.S. awareness of Indonesian forces’ human rights abuses and Indonesian violation of the terms under which it was given a UN mandate to administer West Papua. The documents also reveal the U.S. decision to ignore the Indonesian actions.
The U.S. had determined to block Dutch plans to give the colonial areas in the western half of New Guinea independence, in preference for a course that would acquiesce to Indonesian demands that control of the vast, resource rich area fall to Jakarta.
Following a blatantly fraudulent 1069 act of self-determination (described the Indonesian in Orwellian language as the “Act of Free Choice”) the US quietly aided Suharto’s military in its brutal repression of Papuan protest, inter alia, providing the military with US A-10 Broncos which were used, as in East Timor, to attack villages. Human rights observers claim scores of thousands of Papuans died.
Yudhoyono’s decision to highlight this aspect of Suharto’s long, brutal reign appears intended to remind Papuans and the international community that West Papua, annexed and subdued by the Indonesian military at great human cost among Papuans, will remain under Jakarta’s control.
see Suharto: A Declassified Documentary Obit from the National Security Archive
Indonesian Government Admits Extensive Lack of Development in West Papua, and Implicitly Failure of “Special Autonomy” Policies
West Papua is one of Indonesia’s most impoverished provinces, with 40 per cent of the 2.5 million people living on less than 50 US cents a day, according to the World Bank.
A January 3 Cendrawasih Pos article (translated by Tapol) reports that according to an Indonesian Government study West Papua is among the most “backward” of Indonesian provinces The report notes that conditions in some parts of West Papua have deteriorated over the past three years. The admission is stark evidence that the Indonesian Governments “Special Autonomy” approach to West Papua has failed.
Excerpts of the Cendrawasih Pos report follows:
The State Department for Backward Regions yesterday released its evaluation regarding 199 backward regions. During the three years of the SBY-Kalla government, only 28 regions have been lifted out of the condition of backwardness. Conditions in eastern Indonesia are particularly bad.
There are five stages of backwardness: extremely backward, very backward, backward, rather backward and no longer backward.
“The term extremely backward means that no infrastructure development has taken place, there has been no economic development, the health situation is very poor indeed and education facilities are very inadequate,” said Lukman Edy. All the regions classified as being in the worst category are in eastern Indonesia, primarily in Papua and Maluku. They include Paniai, Puncak Jaya, Yahukimo, Asmat, Star Mountains, Mamasa, and Alor. When the backwardness classification was first drawn up, nine regions were included in the ‘extremely backward’ category but three years later, two more regions have been added, Maluku Tenggara Barat and Tolikara.
Within West Papua several regions, including Meauke, conditions have worsened over the period measured.
Indonesian Central Government Pursues Further Illegal Division of Papuan Homeland
A January 24 Jakarta Post article reports that the Indonesian Regional Representatives Council (DPD) on January 22 unanimously endorsed an initiative to create eight new provinces and 13 new regencies (districts). The proposal includes four new Papuan provinces. The Papuan people have not been consulted about this division of their land as required by the Special Autonomy Law of 2002
Timing for the project is unclear. President Yudhoyono supports the plan but has urged that action be delayed a few months. “We need to formulate a master plan, including determining the exact timeframe to allow the formation of new regions, also by synchronizing with the schedule of the 2009 general election,” he explained. DPD (Parliament) chairman Ginanjar Kartasasmita favors a longer delay, urging that new provinces and regencies should not be established before the 2009 election was completed. He added that results of an ongoing evaluation of several newly formed regions had revealed that some regions had failed to improve their conditions.
Septer Manufandu, the executive secretary of the Cooperation Forum of Non-Governmental Organizations, told the Post that the Papuan people did not need new provinces but rather better public services. He said the Special Autonomy measure of 2002 had not improved public services despite the huge funds channeled to the natural resources-rich province “About 90 percent of the special autonomy fund has gone to the bureaucracy, which means Papua does not need new provinces but access to basic services. Regional division will only create little kings who only seek money,” he said. To improve public services, Papua needs new districts and subdistricts, Septer added.
The January 26 South China Morning Post (SCMP) reported that The Reverend Socrates Sofyan Yoman, general chairman of the West Papuan Baptist Church, called the move to split Papua further a divide-and-rule tactic by Jakarta. “There is no rationale behind it. The only aim is to divide Papuans and gain favours with some of the local elite,” he said. He added: “Dividing Papua will not bring prosperity. It will bring more problems and corruption. What we need is an honest and balanced discussion with Jakarta on how to solve Papua’s problems.”
The SCMP reported that an assessment report, Concord Review, a risk-assessment firm, said: “It flies in the face of reason and will do little more than accentuate primordial politics in the country.”
Calls for division of the Papuan homeland is not unprecedented The central government divided the Papuan homeland in 2003 without approval from the Papua People’s Council as mandated by the 2002 law on Special Autonomy for the province The most recent proposal for new provinces in Papua has never received the council’s endorsement either. The Indonesian Supreme Court declared formation of the provinces illegal, in clear violation of the special autonomy law, but in a contradictory move declared the new provinces a fait accompli.
The new proposed Papuan provinces include: Central Papua; South Papua; Southwest Papua and West Papua The proposal also includes new Papuan regencies (districts): Arfak Mountains; Grime Nawa and South Manokwari.
Book Banning in West Papua
The January 18 Jakarta Post carried an op-ed by prominent Papuan and religious figure Neles Tebay regarding the “shackling” of Papuan intellectuals in which he notes the most recent banning of a book by a Papuan author. Here is a synopsis of his commentary:
Indonesian citizens have found space to exercise their rights and duties without fear, pressure and intimidation from the state.
Indigenous Papuans, for their part, have taken advantage of the democratic atmosphere to express their opinions by writing books on some aspects of Papua.
However, the central government has not always regarded the new developments as good news. Instead of being proud to see Papuans, who were once illiterate and relied on oral tradition to tell their stories, expressing their ideas in written form, the government considers the exercise of Papuans’ intellectual creativity something suspicious if not dangerous.
Many books on Papua, particularly those authored by indigenous Papuans, are censored under certain criteria set by the government or are banned entirely.
The latest book to be outlawed by the government is Tenggelamnya Rumpun Melanesia: Pertarungan Politik NKRI di Papua Barat (The Sinking of the Melanesian Race: The Unitary State of Indonesia’s Political Struggle in West Papua), written by young author Papuan Sendius Wonda, and published by Deiyai, a Jayapura-based publishing house
According to the chief of Jayapura prosecutor’s office, Sri Agung Putra, Wonda’s 247-page book contains some elements that “discredit the government”, “disturb public order”, and “endanger national unity”.
Wonda’s work is the second book on Papua on which the government has slapped a ban, after Peristiwa penculikan dan pembunuhan Theys H Eluay 10 November 2001 (The Abduction and Assassination of Theys H Eluay on November 10, 2001) by Benny Giay, a Papuan anthropologist, in 2002.
However, everyone knows the Attorney General’s Office has never clearly explained how the books endanger national unity, discredit the government, or disrupt public order.
By banning Papuan books based on unclear criteria, the central government shows its undemocratic face, despite its persistent self-promotion as a champion of democracy.
After decades nothing has changed in the way the government ignores Papuans’ freedom of expression and their intellectual freedom. It remains restrictive in determining which books are appropriate or not for Papuans to read.
Papuan Governor Seeks New Papuan Symbol to Replace “Morning Star”
The January 11 Cenderawasih Pos reported that West Papua Governor Barnabas Suebu announced on January 17 that the province would uphold a newly issued government regulation that bans the use of separatist attributes as regional symbols, a move in line with the province’s status as part of the unitary state of Indonesia. The decision focuses on the “Morning Star” which has both cultural and political implication for Papuans. A number of Papuans, including Filep Karma and Yusuf Pakage, recognized by Amnesty International and others as prisoners of conscience, are jailed specifically for their employment of this symbol during peaceful protests.
According to the Cenderawasoh Pos, the West Papua government and legislature will discuss “a more suitable regional symbol than the Morning Star.” The current central government has associated the Morning Star with those fighting for West Papua independence. Previous Indonesian Governments, including that of Abdurrahman Wahid, had permitted display of the Morning Star flag, so long as it was presented in conjunction with the Indonesian national flag.
UK Government Supports Papuan-Indonesian Government Dialogue
In response to a petition to the UK Government regarding repression of human rights, including political freedom in West Papua, the British Government noted, in passing that it supported a key, longstanding appeal by Papuans that the Indonesian Government engage with Papuan political and civic leaders in a serious dialogue
The UK Government’s January statement read in part: “The Government believes that the best way to resolve the issues in Papua is through peaceful dialogue between Papuan groups and the Indonesian government. The Government are in contact with Papuan activist groups in the UK, and encourage dialogue between them and the Government of Indonesia”
Papuans, recalling the effective involvement of international monitors in advancing the cause of peace and political rights through political dialogue between the central government and Acehnese leaders, have urged that any dialogue regarding West Papua similarly be supported by international mediation
Great Poverty and Great Wealth In Freeport’s Realm
A January 16 Jakarta Post report claims that various government and non-governmental agencies have 2008 plans to address the extensive poverty of the Mimika Baru district located adjacent to the vast Freeport gold and copper mining concession While the plans are encouraging, the profound poverty among the Amungme and Kamoro people in the districts 80 villages reveals the decades of neglect by both Freeport and the Indonesian government for those form whose lands vast riches have been taken.
The Jakarta Post’s Markus Makur makes the point powerfully: “With its vast gold and mining resources, the world may look at Mimika regency in Papua as rich, but the indigenous people who live there don’t see it that way. Outside of the infrastructure supporting the operations of PT Freeport Indonesia’s massive mining operation and development concentrated in Mimika Baru district and Timika City, little progress of any sort can be seen in the regency, home to some of Papua’s least rich. They live in huts made of palm fronds, have no paved roads or public transport and schools are small and far between, not to mention the dearth of health facilities. The indigenous Amungme and Kamoro people from mountain villages and other remote areas of the regency are among the poorest. They have no jobs They eke out a subsistence living scavenging for gold among PT Freeport Indonesia tailings
This account describes conditions a WPAT team member observed over a decade ago in villages 20 minutes by helicopter from the Freeport operated airport in Timika – indicating no improvement in conditions over the past decade.
West Papua Report
January 2008
This is the 44th 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 by the East Timor and Indonesian 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.
Summary
- Congress Requires Reports on Access to Papua, Military Promotions, Human Rights Accountability
- US Congressman Eni Faleomavaega criticized the Indonesian military’s (TNI) severe restrictions on his contact with Papuans during a recent visit to West Papua. In a public letter to President Yudhoyono, he described the TNI as intimidating, abusing and harassing Papuans. He suspended his earlier pledge to work in the U.S. Congress to support Jakarta’s “Special Autonomy” plans for West Papua
- The fate of Papuans detained for attempting to meet with Congressman Faleomavaega is unknown.
- The Prime Minister of the Solomon Islands has urged that Governments within the Melanesian world do more to promote a dialogue between Jakarta and Papuans about Papuan self-determination.
- Leading Papuan government and non-governmental organizations have concluded that “Special Autonomy” has failed. These groups are calling for an internationally mediated Jakarta-Papuan dialogue to discuss the way forward in the wake of the failure of Jakarta’s policy in West Papua.
- Papuan Religious leaders meeting in mid-December have complained about the government’s violation of the “Special Autonomy” law. The law has been violated in development programs and land rights and by the police. They said development programs in the province have split local ethnic groups and marginalized Papuan workers.
- A new book compiling the life experiences of 12 Papuan human rights champions has been published.
Congress Requires Reports on Access to Papua, Military Promotions, Human Rights Accountability
The recently passed FY2008 Consolidated Appropriations bill (HR 2764) contains several provisions relevant to West Papua. The bill withholds $2.7 million in Foreign Military Financing for Indonesia until the U.S. Department of State reports on, among other issues, steps by the Government of Indonesia to implement “plans to effectively allow public access to Papua” and to prosecute and punish “members of the Armed Forces… who have been credibly alleged to have committed gross violations of human rights in Timor-Leste and elsewhere.” The law also requires a separate report on steps taken by Indonesia “to deny promotion, suspend from active service, and pursue prosecution of military officers indicted for serious crimes” and “by the Indonesian military to divest itself of illegal businesses.” Among the current military officers who are in a sensitive assignment is Col. Burhanuddin Siagian, senior commander in Jayapura. He faces two indictments for crimes against humanity by the UN-backed Serious Crimes Process in Timor-Leste. The law also sets aside at least $250,000 for capacity-building grants to Indonesian human rights organizations, including in Papua. [see http://www.etan.org/news/2007/12app.htm for more information.]
Congressman Faleomavaega Expresses Concerns About TNI “Intimidation, Harassment and Abuse of Papuans”
In a public letter to Indonesian President Yudhoyono, US Congressman Eni Faleomavaega (D-AS) candidly discussed restrictions the Indonesian Government imposed on his recent travel to West Papua and actions of the Indonesian military there. His December 13 letter recalled that he had originally intended to visit West Papua in July, but that the Indonesian government rejected that plan over what it described as security concerns. In good faith, the Congressman altered his trip, in support of President SBY’s efforts to implement the provisions of the Special Autonomy Law, to coincide with the December UN conference in Bali . It was Faleomavaega’s understanding that he would visit the towns of Biak and Manokwari and, most importantly, the capital, Jayapura.
In his letter, the Rep. Faleomavaega spoke frankly of his disappointment: “Having already been denied entry in July of this year and having accommodated your request to postpone my August visit to the last week of November, I was deeply disappointed that upon my arrival I was again denied entry into Jayapura and that my time was reduced from 5 days to only two hours of actual meetings with the leaders and people of Biak and Manokwari due to supposedly security concerns.” He also described other constraints on his meetings: “In Biak, I met with Governor Barnabas Suebu and other legislators, traditional and religious leaders selected by the government. During the course of our meeting, a highly respected traditional leader, Chief Tom Beanal, was detained by the military, as was Mr Willie Mandowen.” He noted also that “Papuans who had gathered in the streets in Biak were denied the opportunity to meet with us, and U.S. Ambassador Cameron Hume and I had to force our way through a military barricade just to meet with the Papuan people who had to walk several miles from the airport and wait in the hot sun because Indonesian military forces (TNI) barred them from meeting with Ambassador Hume and me.” Faleomavaega noted that the TNI only allowed him to meet with the people in the street for five minutes and that he was “deeply disturbed by the overpowering military presence,” which he said he believed was “completely unnecessary.”
Rep. Faleomavaega described as “even worse” the military presence in Manokwari. “Ambassador Hume and I were put in a car, without any escort and with only a single traffic police unit in front. While we do not require special privileges, we were very aware that our delegation was not given the necessary escort because the TNI was intent on deceiving the Papuans who had gathered on the streets waiting for us.” After being driven along a circuitous back road route which, he noted, posed risks of “acts of sabotage” the U.S. party was allowed to meet with the acting Governor for only ten minutes. The meeting was terminated abruptly due to purported weather and security concerns. Faleomavaega wrote that “I was told by the TNI military leaders that Ambassador Hume and I were not welcome in Manokwari.” The TNI’s hasty transport of the U.S. party to the airport, again along back roads raised Faleomavaega’s concerns though he stressed, that he “felt no danger whatsoever from the Papuans who were unarmed and only wanted to meet with us.” He concluded that “when I saw how heavily armed that the TNI military was, I knew that the military had no intention of honoring the commitment that President SBY and I had made in Jakarta in July of this year.”
The Representative described his departure from the airport: “From the window of the plane, I saw pushing and shoving between the heavily armed military and the unarmed Papuans. Banners were also raised. Whether or not anyone was hurt or arrested, I do not know but I have requested that the Indonesian government provide me with assurances that no arrests were made and that no one was harmed.”
Congressman Faleomavaega told the media that he has asked President SBY if he were still committed to working together to implement the Special Autonomy Law, noting that he has earlier told the President that he would support the Special Autonomy Law and “work in the U.S. Congress to make sure the Indonesian government is given every opportunity to make good on its promises to the Papuan people based on the understanding that this is also the consensus of the traditional, religious and political leaders of both provinces.” He then added: “However, as long as the TNI military forces of Indonesia continue to deny Members of Congress real access to the provinces of Papua and West Papua, especially Jayapura, it will be difficult for me to support the goals of Special Autonomy when clearly the Papuans in these two provinces are still being intimidated, harassed and abused by the TNI.”
“Likewise, he added, I do not consider two hours in Biak and 10 minutes in Manokwari as access. Until I am allowed to visit Jayapura, as I have been promised, and until I am allowed to meet with the people of Papua, as President SBY and I agreed, I cannot in good conscience inform my colleagues in Congress that progress is being made to implement the Special Autonomy Law which has mostly remained dormant since 2001 and, since for the past 60 years, until President SBY’s leadership, the government of Indonesia has done absolutely nothing to help the Papuan people who only want to be treated humanely.”
The Congressman commended the Indonesian President “for his efforts to implement the Special Autonomy Law, but added: “whether or not we move forward is entirely up to President SBY and those who control the activities of Indonesia’s TNI military forces.”
(Note: Representative Faleomavaega was accompanied on his trip by staff members Lisa Williams and Vili Lei.)
Rep. Faleomavaega’s complete letter to SBY can be read at http://www.etan.org/issues/wpapua/1207faleoletter.htm
At Least Four Papuans Arrested For Attempting to Meet with US Congressman
Reliable sources in West Papua report that Indonesian Authorities arrested four Papuans on November 27 in Manokwari for attempting to meet with Congressman Eni Faleomavaega during his visit to that town. Those arrested were: Niko Asaribab, Wellem Mambbo, Abraham Ramandey and Piter Kewati. It is not known if the four were charged or whether they remain in custody.
International Support for Papuan Self-Determination
In late November, Solomon Islands Prime Minister told international media that the Melanesian Spearhead Group (MSG), an international group of governments among Melanesian states, can do more to advance consideration of the self-determination aspirations of Papuans in West Papua. Sogavare recalled that the MSG guiding principles require member countries to assist fellow Melanesian peoples realize statehood where possible. With the opening of the new MSG secretariat building in Vanuatu, Melanesian media speculates that the sub-regional grouping will step up efforts to grant observer status to West Papuans who live under Indonesian rule. Mr Sogavare reportedly said that the MSG could do more to push for dialogue with Jakarta on self-determination for West Papuans. “We’ve made it very very plain and clear that if we have to push their agenda of course we take it up and discuss it formally with the relevant authorities. That is open and our charter clearly mandates us to do that.”
The Failure of Special Autonomy: Papuans Seek An Alternative
Octavianus Mote, a fellow at Yale University’s Genocide Studies Program, recently completed a briefing paper titled “The Failure of Special Autonomy.” The paper notes that the Papuan Traditional Council (Dewan Adat Papua), the Papuan Peoples Council (PDP), Papuan Governor Barnebus Suebu and the Association of Central Highland University Students (AMP) have all concluded that Special Autonomy has failed. Throughout 2006 and 2007, Papuans, sometimes numbering in the thousands have demonstrated to renounce Special Autonomy and petitioned their representatives to inform the central government that Papuans formally reject it.
Special Autonomy was conceived in 1999 by the Peoples Consultative Assembly, the supreme law-making body in Indonesia, as a means to grant broad powers to local government officials in West Papua. Initial drafts called for Papuans to be given authority in all aspects of governance, except with respect to foreign policy, external defense, financial matters and the judiciary. The autonomy bill that was eventually passed by the Parliament in 2001 eliminated much of the initial reforms. Police and military forces continued to operate beyond the purview of the Governor with troop deployments strictly under Jakarta’s control. The final version eliminated key provisions related to the independence of a regional human rights body with powers to investigate human rights crimes and present its findings to a Provincial Human Rights Court. Under the legislation passed in 2001, the jurisdiction of the Human Rights Court was extremely limited. The court lacked the ability to prosecute abuses by security forces and government officials. According to the initial drafts, a bicameral system of provincial government and an indigenous council, the Papuan People’s Consultative Council (MRP) was to be established alongside the existing People’s Parliamentary Representative Council (DPRP). When the MRP was finally established in 2005, its role was limited to cultural affairs with no decision-making authority.
While some provisions of Special Autonomy as passed in 2001 and signed by then President Sukarnoputri in 2002 contained economic reforms entailing some return of funds flowing from West Papua’s lucrative extractive industries back to West Papua, those funds have been mismanaged. Much of that funding has gone to support creation of new Provincial and District entities within West Papua which were created by the central government despite the opposition of Papuan officials and civil society.
In addressing the failure of Special Autonomy, Papuans have sought direct talks with the central government to be mediated by international officials. The model is the mediation effort employed to address years of abuse and repression in Aceh. The Papuan Traditional Council, which represents 253 indigenous groups (tribes) has called for such a dialogue, as has the Papuan People’s Council. To date, these calls have drawn no response from Jakarta. Rather, Jakarta officials have announced plans to send additional troops to West Papua and to re-launch the widely condemned “transmigration” policies which many observers regard as population engineering. The program, conducted under the Suharto dictatorship, ethnically cleansed valuable parts of West Papua by forcing the relocation of Papuans to make way for migrants organized by the Government to populate areas with non-Papuans.
[The full briefing can be found at here. ]
Violations of Papua autonomy law distress interfaith leaders (UCAN)
Religious leaders in West Papua have discussed violations of the six-year-old autonomy law for their province and sent recommendations to various levels of government to rectify the situation The concerns of nearly 50 Buddhist, Catholic, Hindu, Muslim and Protestant representatives were articulated during a workshop on Developing Dialogues to Create a Peaceful Papua, held Dec. 3-7 in Sentani, capital of Jayapura district, 3770 kilometers east of Jakarta. After discussing violations of the law that gave Indonesia’s easternmost province a degree of autonomy, the religious representatives prepared their recommendations for local and central government authorities.
Catholic Bishop Leo Laba Ladjar of Jayapura, a participant, read aloud the concerns and recommendations at the workshop’s close. The text presented by the Franciscan prelate says: “We religious leaders in Papua have attentively watched developments in our society, particularly the social and political dynamics. As part of society, we have seen several practices that violate articles of Law Number 21/2001 on Special Autonomy for Papua province.” The law, ratified by then-president Megawati Soekarnoputri on Nov. 21, 2001, has 24 chapters and 79 articles that stipulates safeguard and empower native Papuans in the civil, cultural, political and social spheres. It also puts a focus on redressing inequality and injustice in the province.
According to the religious leaders, the law has been violated in development programs and land rights, and by the police. They said development programs in the province have split local ethnic groups and marginalized Papuan workers. By dividing districts into territories, Bishop Ladjar explained, development efforts have reduced the people’s share of ulayat (communal land) and this has triggered quarrels among local people. The participants also charged that possession of ulayat rights has also been given to non-Papuans. For instance, they said, several district heads have allowed companies run by non-Papuans to use communal land for plantations.
The religious leaders stressed that, according to Article 76 of the law, development work should be based on socio-cultural unity, the availability of human resources and the local economic situation, and that Article 43 obliges the government to recognize, respect, protect, promote and improve Papuan people’s land rights, including ulayat rights. They also said Papuans are uncomfortable with so many police stations and non-Papuan policemen in their midst. According to one Protestant pastor at the workshop, non-Papuans account for 70 percent of the police in Papua. Participants said Papuans complain that the police do not understand their culture and cited Article 49, which says the national police chief who assigns non-Papuan police must take account of local culture, customs and laws.
The religious leaders concluded that local and central governments, legislative members and the Papuan Assembly (MRP, Indonesian acronym) have improperly implemented the law on special autonomy. MRP is a cultural body empowered to protect Papuan people’s culture, customs and religion. The recommendations of the religious leaders were sent on Dec. 10 to local and central governments, local and central legislative councils, and MRP. They demand a halt to development programs at town, district and provincial levels and insist that MRP must consider local culture properly before undertaking development programs. The workshop participants also called on governments, legislative members and MRP to draft and then ratify a special regional regulation on the assignment of police, especially the commando force, and to reduce the number of police personnel and police stations in the province. The religious leaders insisted that Papuans be assured a proper livelihood on their own land and be the “subject” of all development programs.
Note: The above report is derived from the Australia and West Papua Association (Sidney) Newsletter for December 2007 (www.zulenet.com/awpa/)
Papuan Human Rights Defenders Tell of Their Struggle for Human Rights in West Papua
“The Testimony Project – Papua,” a new book now available in English and Bahasa Indonesia tells the story of Papuans’ struggle for human rights and human dignity through the words of 12 leading Papuan human rights activists These personal narratives detail the indignities and suffering of Papuans over the past two generations. Dr. Charles Farhadian, who edited the book, explains: “The goal in creating the book is two-fold. First, it is crucial that Papuans get a chance to speak for themselves, rather than being reinterpreted or silenced for any number of reasons and by any number of people. By speaking for themselves, Papuans demonstrate they are actors in their own right. Second, it is equally important to provide an historical document that records the lives of Papuans at the beginning of the 21st century.”
[The book is available through amazon.com, ETAN or directly from farhadia@aya.yale.edu ]
West Papua Report
December 2007
This is the 43rd 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 by the East Timor and Indonesian 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.
Summary
- US Congressman Eni Faleomavega visited West Papua but encountered tight security which prevented common most Papuans from greeting him.
- The Indonesia military’s infamous special forces are threatening Papuan social workers in an effort to locate Papuan Priest Father Djonga, a human rights defender.
- A prominent Papuan academic and religious leader who wrote an op-ed in a national newspaper calling for a demilitarization of West Papua has been attacked and implicitly threatened in a written response by a senior TNI officer.
- UN Envoy Finds Torture Widespread in West Papua and Rest of Indonesia Prisons
- The Indonesian forestry minister has announced a resumption of the widely criticized “transmigration” policy which has led to civil conflict in many parts of Indonesia and the marginalization of indigenous people such as the Papuans.
- An Indonesian journalist has written a candid article decrying the rape of Papuan resources offering several recommendations including a moratorium on migration to West Papua.
- An Indonesian HIV-AIDS official has acknowledged the failure of the central government to provide the basic health infrastructure to address the explosion of HIV-AIDS in West Papua.
- Papuan Human Rights Defenders Tell of Their Struggle for Human Rights in West Papua
US Member of Congress Eni Faleomavaega Visits West Papua
US Congressman Eni Faleomavaega visited West Papua November 26-27. His visit was the first by a US member of Congress. Earlier this year the Indonesian Government prevented him from visiting the area (see July 2007 West Papua Report). This visit included brief stops in Timika, Biak and Manokwari for meetings with senior officials. Indonesian security prevented hundreds of Papuans from meeting with him, detaining some of those who sought to greet him. Rep. Faleomavega, long the leading proponent in Washington of Papuan rights and welfare, is well-known and widely respected in West Papua Congressman Faleomavaega traveled with the US Ambassador and two members of his staff, Lisa Williams and Vili Lei.
Indonesian Special Forces Threaten Papuan Social Workers
The Asian Human Rights Commission on November 21 issued an “urgent action update” regarding reports that Indonesian Army Special Forces (Kopassus) were threatening social workers in an effort to learn the whereabouts of a Papuan Church official, Catholic Priest Johanes Djonga, who, has been targeted by the Indonesian military
AHRC reports that Father Djonga went into hiding following numerous threats against his life since August 2007. The Indonesian military then began pressuring his colleagues and friends in an effort to ascertain his whereabouts.
Lieutenant Agus, Military Commander of Waris District, has personally verbally threatened, among others, a religious student close to Djonga, Gaspar May, Chief of the Banda Tribe, and Theodorus Meho, a colleague of Djonga’s. Specifically, the senior military figure threatened to “disappear” the latter two.
AHRC notes that people in the Waris District are becoming increasingly frightened in the face of continuing threats by Kopassus troops who demand information about the whereabouts of Father Djonga. The continuing threats to Father Djonga are strongly believed to be as a result of his involvement in human rights work in addition to the meeting with the UN Human Rights representative. Several months ago, Djonga submitted a report to the governor of Papua and the military commander in the city of Jayapura which criticized the military action in the borders of Waris and Papua New Guinea.
Papuan Perspective on Removal of Abusive Indonesian Military from West Papua
An Op-Ed appearing in the November 6 Jakarta Post offered a Papuan view on why Papuans call for the withdrawal of Indonesian military forces from West Papua. The writer, Father Neles Tebay is a lecturer at the Fajar Timur School of Theology and Philosophy in Abepura. Excerpts from the article follow. (Also, immediately following this item see a public rebuttal by a senior TNI official that contains implicit threats to Father Tebay):
In the wake of civil society’s efforts to transform Papua into a land of peace, the Indonesian Military (TNI) has been growing both in strength and numbers in the province, as reported by the International Crisis Group in September last year
Army Chief of Staff Gen. Djoko Santoso has already revealed a plan to base the third infantry division of the Army’s Strategic Reserves Command (Kostrad) and more cavalry as well as engineering battalions in Papua to protect the country’s border and conflict-prone areas (The Jakarta Post, Sept. 13, 2007).
Indigenous Papuans have repeatedly expressed their opposition to the deployment of thousands of reinforcement troops to their homeland.
The latest was voiced loudly on Oct. 19, when local people in Arso (the capital of Keerom regency, some 75 kilometers northeast of the provincial capital of Jayapura) blockaded the road connecting Keerom and Jayapura to vent their anger with military troops after a soldier assaulted a district chief.
Why do Papuans reject the sending of military reinforcements to the province?
Some cases below might be helpful in understanding the reasons behind Papuans’ aversion to the military.
On Oct. 18, the head of Arso district, Charles Tafor, was beaten by a member of the Army’s Special Forces (Kopassus), who was on duty at the border with Papua New Guinea. Responding to the incident, Papuans blockaded the main road in Arso and demanded the withdrawal of all Kopassus troops posted in Keerom regency. The military eventually removed the soldier.
Church leaders are among those on the front line in the fight against human rights violations in Papua, and as a result have been publicly linked to the separatist movement.
Papuans are afraid of moving around, going to their land or village because the presence of the Kopassus troops intimidates them. They live in fear.
More than eight years ago, in July 1999, four Catholic bishops from Papua highlighted, in their report to then president Abdurrahman Wahid, the heavy presence of troops in Papua. The religious leaders blamed the military’s arrogance as one of the causes of anxiety among the Papuans.
The bitter experiences of the Arso district head and the parish priest confirm the situation has not improved.
The arrival of thousands of troops has failed to create peace or tranquility in Papua because the soldiers, including the Kopassus troops, serve as the central government’s way of dealing with indigenous Papuans.
For the sake of peace, Papuans have called on the government and the TNI commander to pull out all Kopassus personnel from Keerom regency.
They know their request will be unheeded, as has happened since 1963, but at least they have the courage to speak up
TNI Rebuts and Implicitly Threatens Father Tebay
Father Neles Tebay’s plea for respect for Papuan rights and demilitarization of West Papua provoked an official response from the TNI that implicitly threatened the priest.
Writing in the December 1 issue of the Jakarta Post, Vice Marshall Sagom Tamboen, head of the “TNI Information Center,” said Tebay’s op-ed “harmed the institution of the TNI and negated Indonesian integrity.” The TNI spokesperson implied that Tebay was himself associated with the armed opposition, alleging that the Tebay article “serves as a juicy issue turned to the advantage of those wishing to see Indonesia’s disintegration.”
UN Envoy Finds Torture Widespread in West Papua and Rest of Indonesia Prisons
The Financial Times, November 26, published comments by UN envoy Manfred Nowak regarding the “widespread” use of torture in Indonesian prisons. The official described his observations to a press conference in which he reported on his two-week visit to a number of prisons in Indonesia, including in West Papua. He singled out abusive treatment in Wamena, West Papua as among the worst among various prisons, noting that prisoners there were too fearful to speak to the investigators but that they bore scars indicating abuse. He noted that in various prisons, shooting prisoners in the leg to extract confessions was common. He also called attention to the practice of locking up children as young as ten who were frequently abused. Additional excerpts of the Times report follow:
“In some cases, while we were inspecting the facilities, torture was ongoing. People who were being interrogated had been severely beaten. This is a sign of how systematic torture is,” Nowak, told a press conference.
High death rates of young prisoners in Jakarta’s overcrowded Cipinang prison were also highly suspicious, said Mr. Nowak. He said the team was unable to verify whether any of the 100 or so annual inmate deaths were due to abuse because prison authorities are not required to carry out autopsies…
The rapporteur called on Jakarta to outlaw torture, to limit police custody to 48 hours prior to an arrest, and to establish an independent national body which could investigate allegations of torture by police and officials in detention centres.
Transmigration to Resume in West Papua
Indonesian Forestry Minister Malam Sambat Kaban on November 27 announced that his ministry and the Ministry of Manpower and Transmigration were set to resume transmigration, a widely criticized population engineering scheme that has been in abeyance for 15 years. The Minister said that plans called for moving 150,000 families to Kalimantan, Sumatra and West Papua annually. In the past, government resettlement plans have often targeted people who were on land scheduled for development by powerful economic players in Jakarta Conflict between “transmigrants” and the indigenous inhabitants has been common leading to the death of thousands. In West Papua transmigration and more recent “spontaneous migration” supported by the central government has been a key factor in the marginalization of the Papuan People. Although “Special Autonomy” promised to Papuans by the Indonesian central government included assurances that Papuans would have authority over migration to West Papua, there is no indication that Papuan officials have been consulted regarding this new Jakarta scheme.
Indonesian Journalist Notes Rich Resources Do Not Benefit Papuan People
In a revealingly candid assessment by Indonesian journalist Arief Oka, a November 21 Sinar Harapan article (translated by TAPOL) describes the “curse” of Papua’s great natural resource wealth. The article, “Papua and The Curse of Its Natural Resources,” is excerpted below:
If it is true that countries with abundant natural resources are cursed, then Papua is the place in Indonesia which has suffered by far the most because of this curse. By rights, per capita income of the roughly two million Papuan natives and the 700,000 migrants should be the highest in Indonesia from their rich natural resources. Are the inhabitants enjoying the benefits from these natural resources which are being exploited in the land where they live? Clearly they are not.
The primary beneficiaries of Papua’s riches are the Indonesian government in Jakarta, the foreign multinationals who have been granted concessions to exploit copper (Freeport) and oil (BP), and non Papuan inhabitants who are illegally exporting timber and various other natural resources.
Unless there is a radical change in policy, it is not difficult to predict what future awaits the Papuans. The rape of Papuan resources will proceed at an intensified rate, as a result of which, one of the richest biological and cultural territories in the world will be totally destroyed in less than a century.
The native Papuans will become nothing more than a footnote in history. Javanese, Buginese, Chinese and other ‘foreigners’ who have colonised Papua will start killing each other to gain control of the 100,000 hectares of remaining forest to transform them into palm oil plantations.
Four measures needed
First, to declare a 50-year moratorium which could be renewed with regard to new explorations to exploit natural resources on a major scale.
Second, to halt the influx of new migrants. There are already enough people in Papua to protect the natural resources and sell other natural resources on a continuing basis. This would also include halting missionaries from whatever sect and allowing the Papuans and non Papuans to adhere to whatever beliefs they like without external interference.
Third, to set up a Trust Fund which would receive 100 percent of the taxes, royalties and other revenues from the existing concessionaires. The trustees should be tasked with raising funds and investing the funds wisely with various international asset boards which have been globally successful. The trustees would also be charged with supporting social and cultural developments of the Papuan people, starting with a voluntary scheme of free education for all up to tertiary level. The Trust Fund would also be charged with funding security forces to protect Papua from intrusions for unlicensed natural resource exploitation
Fourth, to get rid of the two provincial structures which are at present competing with each other to exploit the natural resources in their regions, and replace this with a single government structure for Papua and West Papua.
This is not just about the fate of the Papuan people, who are cursed with living among abundant natural resources. This is a crime being perpetrated by man against man that is happening before our very eyes
The Indonesian Government’s Failure to Address HIV/AIDS in West Papua
The secretary of Indonesia’s National AIDS Prevention Commission (KPA), Nafsiah Mboi, has lectured Papuans regarding the explosion of HIV/AIDS infection in West Papua, insisting that they not make the problem a “political commodity.” A report of her comments by the government news agency Antara (November 22) does not elaborate her meaning. But experts who have examined the HIV/AIDS crisis in West Papua in the past have noted that the central government’s four decades of neglect in developing health and educational services, and the role of the security forces in introducing and promotion of prostitution in West Papua as significantly responsible for the crisis. Mboi seemed intent on blunting criticism of Jakarta.
Mboi indirectly acknowledged the Government’s responsibility for the failure to develop a health service infrastructure. She noted that the high rate of HIV infection in West Papua was due to shortage of information about the disease or the fact that information had not reached the people. “The Papuan people have no access to information on what HIV/AIDS really is and how to prevent or fight it. This condition is especially to be found in mountainous regions or areas that are hard to reach,” she said. She further acknowledged that many Papuans lacked even the most fundamental knowledge regarding prophylactic measures, admitting that many Papuans did not know that using condoms could minimize the risk of being infected with the lethal virus.
Nationally, Papua is a province with the third highest incidence of HIV/AIDS infection in the country after Jakarta and West Java According to data collected by KPA in Papua, as per September 30, 2007, the total number of HIV/AIDS cases reached 3,434 — 1,382 cases in Mimika, 934 in Merauke, 342 in Biak, 307 in Nabire and 205 in Jayapura.
Mboi implicitly identified the decades of central government neglect of Papuans in her call for what was needed in West Papua, i.e., “the continuous dissemination of information on HIV/AIDS,” (and adding) “all the districts/cities must have health service centers that provide blood test services and counseling to infected persons.” Failure of the central government to establish such centers years into the crisis constitutes a indictment of Jakarta’s neglect of West Papua.
Papuan Human Rights Defenders Tell of Their Struggle for Human Rights in West Papua
The Testimony Project – Papua, a new book now available in English and Bahasa Indonesia tells the story of Papuans’ struggle for human rights and human dignity through the words of 12 leading Papuan human rights activists. These personal narratives detail the indignities and suffering of Papuans over the past two generations. Dr. Charles Farhadian, who edited the book, explains: “The goal in creating the book is two-fold. First, it is crucial that Papuans get a chance to speak for themselves, rather than being reinterpreted or silenced for any number of reasons and by any number of people. By speaking for themselves, Papuans demonstrate they are actors in their own right. Second, it is equally im[portant to provide an historical document that records the lives of Papuans at the beginning of the 21st century." (The book is available from amazon.com)
West Papua Report
November 2007
This is the 42nd 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 by the East Timor and Indonesian ActionNetwork (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.
Summary
* A UN official has publicly reprimanded Indonesia for its refusal to allow him into Indonesia to investigate charges that Indonesian security forces have committed extrajudicial killings. While most of those killings transpired in the Suharto era, impunity associated with those crimes, many committed in West Papua, continues.
* Human Rights NGOs continue to report tension in West Papua over unexplained kidnappings, assaults, poisoning and killings. Human rights advocates appear to be a particular target of these and other forms of intimidation.
* The West Papua Advocacy Team and the East Timor and Indonesia Action Network have written to Secretary Rice about the detention of a human rights lawyer, reportedly under a Suharto-era law that was ten months ago declared unconstitutional. The two organizations also express concern about the unit that carried out the detention, a US-funded element repeatedly accused of human rights abuse. The US-based NGOs also call attention to continuing pressure on other Papuan human rights defenders.
* Papuan Governor Barnebus Suebu has been honored by Time magazine as an environmental "hero" for his opposition to the Indonesian Government's efforts to destroy Papuan forests in the name of development.
* Pacific regional NGO's attending the 17-nation "Pacific Forum" have called on participating governments to take action in defense of Papuans including pressing for a review of the "Act of Free Choice," the UN monitored non-plebiscite widely acknowledged to have been a fraudulent act of self determination through which the Indonesian Government justified its coercive annexation of West Papua.
* Many Papuans oppose plan by the central government and Russia to place a spaceport on Biak island. End Summary.
UN Official Raps Indonesia For Blocking Access to Investigate Extrajudicial Killings
UN Special Rapporteur on Extrajudicial Killings Philip Alston has expressed frustration over the lack of response from Indonesia among other countries who have refused to answer questions about charges of extrajudicial killings. Indonesia has refused his repeated requests for access in order to explore the charges. Alston noted to international media on October 28 that Indonesia and several other states "are failing the basic test of accountability." He added that, "if a country has problems of extrajudicial executions and doesn't let (me) in, that should be of concern to the General Assembly and Human Rights Council..." Indonesia is a member of the Human Rights Council and of the Security Council and in November will assume the presidency of the latter body. Alston noted that Indonesia's failure to cooperate with his office in this regard was "especially serious for (a) Human Rights Council member ... because the council members are supposed to have said, 'We promise to cooperate fully with the council' as part of being elected."
Indonesian and international human rights organizations have accused Indonesia of extrajudicial killings in recent decades. While most of the killings transpired during the Suharto dictatorship, the accused perpetrators, usually Indonesian security and intelligence personnel, continued to enjoy impunity from prosecution under "democratic" regimes, including that of current President Susilo Bambang Yudhoyono.
Many of these extrajudicial killings, as acknowledged by the US State Department's annual human rights reporting have been committed in West Papua.
West Papuan Human Rights Organizations Uniformly Note Growing Pressure
Kontras Papua (The Commission for Disappearances and Victims of Violence) and the Catholic Church's Office for Justice and Peace, among others have noted to counterparts an increased atmosphere of fear and suspicion, notably in the Jayapura and Timika areas. Tensions are also high in Wamena. Much of this relates to unconfirmed reports of killings , kidnappings and poisoning. Human rights defenders have also been the target of threatening and provocative anonymous text messages. The head of the Papuan branch of the National Human Rights Commission has been the victim of such threats for several months and has also faced physical intimidation.
This October updating reflects a continuous and some claim growing atmosphere of intimidation focused on human rights advocates. The latest surge in intimidation appears to have begun immediately following the visit of the UN Secretary General's Special Representative Hina Jilani who met with many of those now facing the most serious pressure.
WPAT and ETAN Urge US Government Action In Papuan Detention Case and Curbing of US-Funded Purported Anti-Terror Unit
WPAT and the East Timor and Indonesia Action Network have jointly urged US action to prevent further injustice targeting, among others, Papuan Human Rights Lawyer Iwanggin Sabar Olif. Olif lkwas detained on October 18, reportedly on charges of "insulting the President," a law that was ruled unconstitutional by Indonesian courts in December 2006. The letter notes that this detention transpired in the context of a broader campaign of intimidation against human rights activists and religious leaders in West Papua. The two NGO's also reiterated concern about "Team 88" a US-funded special police unit widely accused of abusive techniques, including kidnapping and torture that was involved in this particular detention.
Papuan Defense of Their Forests Reflects Their Fundamental Importance in Papuan Life
The Jakarta Post, October 26, 2007 published an article entitled "Native Papuans fight against deforestation." The author, Catholic Priest Neles Tebay, describes why Papuans have so strongly resisted the destruction of their forests by timber firms and those seeking to develop oil palm plantations. Without referencing the often illegal nature of these operations, Father Tebay explains Papuans more basic objections to this destructive exploitation. Excerpts follow:
Why do indigenous Papuans courageously reject deforestation? Is the rejection a reflection of what the central government calls "Papuan separatism"? Is it a manifestation of being anti-government or anti-development, the accusations made by the central government in Jakarta for more than four decades? Is it sign of not wanting to better their future?
The reasons behind the rejection are related to their culture. Their rejection is rooted in and guided by the life-giving values of local culture. Papuans never see their virgin forests simply as a sea of trees that can be cut down in order to make millions of dollars.
The forest, for indigenous Papuans from all tribes, has multi-dimensional meanings. Indeed, Papuans never consider the forest as an enemy that has to be eradicated from the surface of the earth. Rather, it is first and foremost a member of the community.
Papuan community is composed not only of living people, but also the dead, the spirits and nature. That's why each community, both as a tribe and a community within a tribe, always has its own forest within a clearly defined territory. So, culturally speaking, a Papuan can never be separated from the forest.
It would also be a mistake if Papuan forest was seen as a isolated thing from the Papuans themselves, because the forest and the people form one community. For Papuans, a forest can mean a living pharmacy that provides all the necessary natural medicines. In times of need, Papuans go to the forest to collect natural medicine. The forest is also considered a food store or a living supermarket, for it provides vegetables, fruits, fish and animals. People used to get the necessary materials for houses, traditional boats, firewood and fences in their own forest.
It is a Papuan's belief that their ancestors and deceased members of the community reside in the forest. They are the guardians of the forest, including plants and animals, owned by the community. The forest, for Papuans, is a living temple, chapel or mosque, where people come and pray. It is the place where all rituals are conducted by a community or individually. Papuans go into their ancestral forest if they want to communicate with the ancestors or the dead.
The deeper sense of forest is expressed in the Papuan saying "Hutan adalah mama" (the forest is our mother). The forest is respected as a mother who tirelessly cares for, protects and sustains all of the members of the community, including the animals. Papuans cannot imagine life without the forest. Emphasizing the deeper meaning of forest, they say "Hutan kita, hidup kita" (our forest, our lives).
It is for the sake of life that every Papuan is educated from childhood the importance of maintaining a correct relationship with the forest. We can now understand that deforestation, for Papuans, means destroying a living pharmacy, damaging the living supermarket, destroying the place of worship, expelling the ancestors and the dead and committing adultery against the mother forest.
The central government should respect Papuan culture, including the cultural understanding of forest, and utilize it to protect the Papua's forests. By doing so, the government and Papuans could jointly prevent Papua's forests from being lost to deforestation. Otherwise there will be war between Papuans preserving Papua's forests and the central government proposing deforestation.
Papuan Governor Receives International Recognition for His Efforts to Protect Papuan Forests
Time Magazine, in its October 29 edition, has named Papuan Governor Barnebus Suebu a "hero" of the environment. Suebu joins the ranks of such international leaders as Nobel laureate Al Gore and Prince Charles who have also been so honored. The award recognizes Suebu's efforts to stop the Indonesian central government from destructive "development" of Papuan forests through devastating logging operations and development of oil palm plantations which entails the elimination of vast stretches of forest.
Notwithstanding Suebu's efforts, Indonesian agencies, notably security agencies, continue to operate or protect illegal logging and other destructive exploitation of Papuan resources.
Concern over West Papua Voiced at Pacific Forum
At a meeting of 17 Pacific Nations at the "Pacific Forum" in Tonga October 12-15, representatives of civil society organizations (CSO's), invited to the Forum by Pacific nation governments issued a communiqué addressed to Pacific nation leaders. The Appeal commended Forum Leaders for their "continuous support ... to the issue of political self-determination in the Pacific region and in other parts of the world." The CSO's, referring to the "Pacific Plan" under discussion at the Forum, noted, however, that the "Plan" needed to focus more directly on a number of issues, not the least of which was West Papua. The CSO's urged Pacific leaders to:
* Request the review of the 1969 UN Act of Free Choice for West Papua and the re-listing of West Papua (and French Polynesia) on the agenda of the UN Decolonization Committee;
* Maintain support to West Papua by granting it observer status in the Forum and encourage continuing dialogue between the Indonesian government and West Papuan leaders on the issue of self-rule;
* Commission a fact-finding mission to assess the human rights violations in West Papua;
* Promote cultural exchanges between West Papua and the rest of the Pacific region, including its inclusion in the Pacific Arts Festival and the South Pacific Games.
Plans For Russian Spaceport in West Papua Ignores Local Protest
Indonesian and Russian officials have reached agreement to construct a spaceport on Biak Island in West Papua. The project, scheduled for completion in 2010 when a Russian satellite is to be launched from the site, has drawn protests from ordinary Papuans and from the Biak Customary Council (Dewan Adat Biak).
The project to be developed at Frans Kaisepo Airport will entail significant expansion and technical development at that location. Such construction will likely lead to additional migration into the area, a prospect worrying to Papuans who face increasing marginalization as a consequence of migration to West Papua from other parts of Indonesia by people with greater skills and higher education.
More generally, the major project has been cited by Papuans as one more example of the central governments failure to adequately consult with local officials and civil society leaders regarding matters of fundamental importance to Papuans.
West Papua Report
October 2007
This is the 41st in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary:
- A series of reports from reputable international human rights monitors point to continuing pressure on Papuan human rights defenders including religious leaders and political activists. The pressure includes death threats and kidnapping of family members. The wave of attacks and intimidation accelerated following the June visit of a UN human rights official.
- A broad group representing Papuan civil society has appealed for dialogue with the central government over issues such as Papuan self-determination and demilitarization of West Papua.
- A Jakarta Post report reveals grinding poverty for most Papuans in Mimika District. In addition to living below the poverty line, Papuans in Mimika face a dearth of social services and unrelenting marginalization. Mimika is home to the Freeport gold and copper mine, one of the most lucrative mines in the world. A BBC report highlights similar severe poverty and an absence of development in Papua's central highlands.
- A member of the West Papua Advocacy Team reports on his recent visit to West Papua. He notes growing Papuan concern about mysterious deaths and the rapid expansion of migrant control in the capitol region.
- A Papuan Parliamentarian has called on President Yudhoyono to revise the Freeport contract, noting in passing that Papuans have not profited from the firm's operation which has produced great riches for the firm and for the central government. The TNI has resumed its push to expand its presence in West Papua. The proposal has been floated periodically with varying justifications. The latest rationale focuses on the purported need to protect Indonesia's border from a spurious threat from Papua New Guinea. The Oxford Refugees Studies Center has published a series of papers on West Papua (web site provided below).
Pressure on Human Rights Defenders Continues/Intensifies
Reports from reliable sources in West Papua indicate that pressure on Papuan human rights defenders continues. A September Amnesty International alert raised concern about Johanes Djonga, a human rights activist and church pastor. According to the AI report, a military commander and his men have reportedly threatened to kill Pastor Johanes Djonga for his activism in defense of the human rights. Amnesty International believes his life could be in danger.
The AI report notes: "The commander of the Army Special Forces (Kopassus) in Waris district, Papua province, Lettu Usman, and the soldiers under his command, allegedly threatened to kill Johanes Djonga and bury him in a 700-meter-deep gorge, on 22 August. They accused him of making false allegations about the situation in Waris district to local and international NGOs, and of being a provokator (provocateur) who was betraying the Indonesian state. A Kopassus military officer has also alleged on September 16 that Johanes Djonga is involved in illegal logging and food business. This appears to arise from Johanes Djonga's human rights activism: he recently presented a report to the governor of Papua and the military commander in the city of Jayapura, Colonel Burhanuddin Siagian, criticizing the actions of the military at the border between Waris and Papua New Guinea.
On September 18, Johanes Djonga reported the death threats to the head of Papua Police. The police commander explained that if the person threatening him was a soldier, there was nothing the police could do to protect him. Johanes Djonga then reported the threats to the Chief of Military Regional Command in Papua province: he reportedly said he would take action, but would sue Johanes Djonga for defamation if his accusations turned out to be false.
In addition to these pressures, in September, members of the human rights community and Alberth Rumbekwan, head of Komnas HAM Papua (Komisi Nasional Hak Asasi Manusia, National Commission for Human Rights), continued to receive anonymous text messages and telephone calls that insult them or accuse them of supporting the separatist movement. A September 27 article in the Indonesian daily "Kompas" concluded that intimidation of a leading Papuan human rights representative "could tarnish Indonesia's image." Specifically, the article asserts that "(t)he terrorization of the Papuan chief representative of the National Human Rights Commission or Komnas HAM, Albert Rumbekwan, could have an impact on Indonesia's image as a member of the United Nations Human Rights Commission. (Indonesia is also a member of the UN Security Council.) Amnesty International has pressed the matter with President Susilo Bambang Yuhoyono. The intimidation of Rumbekwan began after he met with Hina Jilani, the Special Representative to the United Nations General Secretary.
Yan Christian Warinussy, a prominent international human rights laureate, also has been the target of threats which has prompted international concern and calls for his protecton.
Meanwhile, the Institute for Papuan Advocacy and Human Rights (IPAHR) on September 28 reported an incident involving psychological intimidation and abuse of a family member of a prominent West Papuan leader by "unknown persons." Targeted was the 17-year-old daughter of prominent West Papuan Independence leader, Edison Waromi. Ms. Yane Waromi was abducted, sedated and abused over an 18-hour period on September 25-26. Ms. Waromi provided Human Rights workers with details of an abduction involving a group of 10 "unknown persons" believed to be linked to the Indonesian intelligence service or military. Human rights workers are viewing the incident as an act of deliberate intimidation by security forces directed at Mr. Edison Waromi and other leaders of the West Papuan community. Human rights workers say that although the incident has been reported to the police in Jayapura, they appear unwilling to properly investigate the incident.
Edison Waromi is President of West Papua National Authority, a pro-independence group. In recent months, he is reported to have been sent SMS messages that he is on a black list to be kidnapped and killed. Human rights workers in West Papua report that since the visit of the UN representative, Ms. Jilani, in June and the unsuccessful visit of US congressman Eni Faleomavega in July, there has been an increased intensity of incidents involving threats and intimidation of human rights workers, human rights lawyers, clergy, students, and pro-independence political leaders.
Human rights workers from the most of the regional centers in West Papua describe a deteriorating human rights environment. There are also reports of increased troop numbers in many areas and, from the remote Puncak Jaya region, accounts of further deaths associated with the operations by security forces.
Papuan Civil Society Seeks Fundamental Dialogue with Indonesian Central Government
A broad cross section of Papuan civil society and pro-Independence groups has publicly appealed to the Indonesian central government to engage with it in a fundamental dialogue about a range of issues including Papuan self-determination. The West Papua National Coalition for Liberation (WPNCL), an umbrella organisation, has written to Indonesia's president, and asked for negotiations with the government to be supervised by an internationally-recognised mediator.
The Papuan initiative includes Papuan women's groups, student groups as well as the Papuan Presidium Council, the traditional tribal council and West Papua's most prominent human rights organization, ELSHAM. Among over 20 groups represented is the TPN PB, the small but persistant pro-independence resistance organization. Paula Makabory also with Els-Ham and Institute for Papuan Advocacy & Human Rights is acting as spokesperson for the West Papua National Coalition for Liberation. In a public statement, Makaboury said that Finland, which helped broker a peace agreement between Indonesia's government and the Free Aceh Movement (GAM) in Aceh in 2005, was willing to mediate the dialogue.
The dialogue would have as one goal the removal of Indonesian troops from West Papua, a goal long sought under the "Papua Land of Peace" initiative. The dialogue also would seek to allow Papuans to form political parties and have greater control over policy regarding West Papua's enormous resources. This concern is a growing one as the central government presses for destruction of vast stretches of Papuan forests to establish palm oil plantations.
Extreme Poverty in Indonesia's Treasure-House Province
The Jakarta Post on September 26 reported that more than half of the population of Mimika Regency (District) in southern West Papua live in poverty. For many decades, West Papua has been the source of enormous riches for Jakarta's military and civilian elite who have "developed" the region's vast natural resources, often with devastating consequences for the Papuan people and the environment. The Jakarta Post article makes clear that those riches, including those from the Freeport Gold mine in the district, continue to be hoarded by the Indonesian elites with little benefit to the local people.
The Post article author, Markus Makur, notes that in addition to life below the poverty line, the same proportion of the population lack access to health care, education, proper clothing and food. Mimika Statistics Agency (BPS) head Amin Nazar explained to Makur that as many as 28,000 of the 45,000 families in Mimika are poor and that the number of impoverished is growing. Complicating life for the poor, many public schools are virtually closed with government teachers abandoning the schools for months at a time.
Most of the regency population is in rural areas where Papuan (non-migrant) populations predominate and where the problems of poverty and lack of services are most acute.
The Post article identifies many government programs purportedly on the drawing boards to address poverty and the dearth of essential services afflicting Papuans throughout West Papua, but Papuans, who have heard such promises for decades following Jakarta's coercive annexation of West Papua in 1963 are understandably dubious.
The BBC, in its Unrelenting Extreme Poverty in West Papua's Central Highlands report in September which focused on the establishment of a radio station in West Papua's Central Highlands, provides a glimpse into the hardships faced by the people where the only change wrought by over four decades of Jakarta rule has been exposure to the brutality of the Indonesian military. The report, while focusing on a positive development, the inauguration of a radio link and related setting up of a small hydro-electric plant, is a rare peek behind the screen maintained by Jakarta authorities that obscures the suffering of many Papuans.
Excerpts from BBC Jakarta correspondent Lucy Williamson's report below focus on the rarely reported suffering of rural Papuans follow:
Eight hours flying time from the Indonesian capital, the Central Highlands in Indonesia's Papua province are among the least visited places in the world. Life here bears little relation to the chaos of Jakarta's skyscrapers and toll roads. In villages like this, there are usually no permanent roads, no electricity and no phones. Foreign journalists need a permit to travel here. Getting information into - and out of - areas like this has not been easy.
Promises of development have often gone unfulfilled here and many local people are angry at what they see as neglect from the central government in Jakarta. Papua generates large amounts of money thanks to its vast natural resources, but the region remains desperately under-developed. This is an area where most people live in traditional thatch huts, and rely on wood fires to keep warm and cook food. This is an area so cut off and under-developed that there is neither much money nor much day-to-day value in having it. Most people are subsistence farmers and the community is built on a pig economy. Several people wear traditional dress here, but others - especially children - wear Western-style T-shirts. One man, dressed in a traditional penis gourd, head-dress and beads, told me he was tired of sleeping on the ground in his hut and wanted a modern house and proper roads. "When that happens," he said, "I'll change the clothes I wear and wear T-shirts instead."
For many years, areas like this in the Central Highlands have witnessed clashes between the Indonesian military and a small band of fighters demanding independence for Papua. Local people allege the military and police continue to commit human rights abuses. Human rights groups have testimonies of extra-judicial killings, rapes and torture.
WPAT Member's Visit To West Papua Highlights Disturbing Events/Trends
A member of the West Papua Advocacy Team visited West Papua in September and reports on events and trends there that indicate a worsening human rights environment. Papuan civil society leaders are deeply concerned about mysterious deaths of over 30 Papuans who have succumbed to beatings and shootings. In addition, there have been over 50 Papuans who have died as a consequence of consuming food sold at stalls operated by transmigrants.
"Development," as it has come to West Papua follows a Jakarta strategy that is morally corrupt. Migrants are expanding their control of the local economy with continuing marginalization of Papuans. International development assistance to Papuan dominated areas, such as the highlands, is constrained by groundless rumors that the highland Papuans dislike foreigners and that they present unexplained "dangers."
The WPAT visitor noted significant religious changes in West Papua compared with earlier visits. As the WPAT member arrived in West Papua, 20 individuals who appeared to be Saudi, wearing white robes disembarked from a Batavia flight. There are now 29 mosques and Sentani which is the new headquarters of the capital district. Also in Sentani officials are organizing several large transmigrant communities.
Papua Legislator Calls For Revision Of Contract With Freeport
The Deputy Chairman of the Papua Regional Legislative Council (DPRD) Papua Jan Ayomi has publicly called upon President Yudhoyono to revise the working contract with the giant copper and gold firm PT. Freeport. Ayomi argues that the existing contract is no longer in accordance with the current developments especially with the implementation of the special autonomy of Papua.
A September 19 Asia Pulse/Antara article quoted Ayomi as claiming that the existing contract disadvantages the nation "and the Papua people in particular." He contended that PT Freeport's assistance to the Papuan people has been insufficient, particularly considering the vast wealth derived for the firm (and the central government) from Papuan gold, silver and copper since the mine was opened in 1967.
TNI to Expand Presence in West Papua
A September 17 report carried in the Jakarta Post has raised again plans by the TNI to substantially expand its presence in West Papua. The report notes that the Army has (re)proposed establishing a third infantry division from the Strategic Reserves Command, or Kostrad, purportedly to patrol Papua border areas. Army Chief of Staff Gen. Djoko Santoso is quoted as acknowledging the expansion plan was first proposed in the early 1980s, but was never realized due to budget constraints. Similar plans for an expansion of TNI in West Papua also surfaced in 2005-2006 but were denied in an Spring 2007 meeting between Defense Minister Sudarsono and human rights groups in Washington, DC.
Santoso now claims that the Army expects to establish the third division in West Papua by 2014. Currently, Kostrad has two infantry divisions -- in Cilodong. One Parliamentarian cited in the article said that the Indonesian House would have no problem with the Army's plan as long as it was approved by the Defense Ministry and the ministry allotted the necessary budget to fund the expansion. Defense Ministry approval is widely seen as a foregone conclusion as civilian control of the Indonesian military remains a long-sought goal and not a fact. The Parliamentarian raised old ghosts in defending the plan, claiming that "... Papua is prone to conflict and separatism. So, we need to build a stronger defense system by expanding our forces for the sake of sovereignty."
The contradiction between the TNI's justification for the expansion, i.e., border protection, presumably from a threat from Papua New Guinea (sic) and the need to address separatist pressure is not addressed in the Jakarta Post report.
Important New Collection of Papuan Papers Announced
Eva-Lotta Hedman of the Oxford Refugee Studies Center has completed editing a collection of papers on the situation in West Papua. The
contributions include:
"Papua: the last frontier for democratization, demilitarization and
decentralization in Indonesia" by Eva-Lotta E. Hedman
"Papuan and Indonesian nationalisms: Can they be reconciled?" by Jacques
Bertrand
"Refuge, displacement and dispossession: responses to Indonesian rule and
conflict in Papua" by Richard Chauvel
"Representations of violence, conflict, and displacement in West Papua" by
Stuart Kirsch
"West Papua: the flawed integration into Indonesia"
by Liem Soei Liong
The papers can be found in the RSC website; the direct link is: http://www.rsc.ox.ac.uk/PDFs/RSCworkingpaper42.pdf
West Papua Report
September 2007
This is the 40th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- The Indonesian military (TNI) has resumed sweep operations in the Jamo (Yamo) area of West Papua's central highlands. The operations, which began in the first week of August, have already caused civilian casualties. As in the past, the TNI claims to be chasing armed opposition elements. TNI sweeps in the same area less than two years ago displaced thousands and led to the death of scores of civilians.
- Human rights organizations, journalists and academics report a rise in the number of killings of Papuans in recent months. The use of torture, kidnapping and killing resemble tactics employed by Indonesian security forces in the past in Aceh, East Timor and elsewhere in the archipelago to intimidate the central government's critics and those asserting their rights.
- West Papua Governor Barnabus Suebu reportedly is resisting central government plans to launch massive new oil palm plantations in West Papua, which would destroy millions of acres of pristine rainforest and attract hundreds of thousands of migrant workers that would permanently marginalize the indigenous Papuans.
- A detailed report by the Institute for Papuan Advocacy and Human Rights makes clear that the Indonesian military will serve as enforcers for the unscrupulous developers. It details violence in one such oil palm plantation now being developed in the southeast.
- President Yudhoyono's agenda for development in West Papua includes a number of urgent priorities but the plan, developed without input from Papuan civil society and ordinary Papuans, ignores longstanding Papuan demands for an end to security force repression and impunity of security forces personnel who violate Papuan human rights.
- The UK Health Journal, The Lancet, in its August 25 - 31 issue, provided a devastating critique of human rights and health conditions in West Papua. The Lancet report, which draws heavily on a recent report by Human Rights Watch, notes that restrictions on gathering of data imposed in West Papua by the central government obscures the extent of problems there.
Indonesian Military Resume Operations Displacing and Endangering Papuan Civilians
The Indonesian military (TNI) has resumed operations in the Yamo area of the Papuan Central Highlands. These operations repeat military sweeps in the same area in 2004-2006, which forced several thousands from their homes and led to the death of scores of civilians. The TNI has undertaken months-long sweep operations periodically in West Papua purportedly to suppress an armed opposition that U.S. State Department reporting suggests number less than 200 armed personnel.
In such operations, the authorities typically prohibit humanitarian assistance to those displaced. TNI forces in the past have destroyed homes, churches and gardens, which are essential to the life of Papuans in these rural areas. The TNI also usually prohibits civilians from tending their gardens and animals, and disrupts inter-village commerce, creating severe hardships for the local people.
A report by the Institute for Papuan Advocacy & Human Rights on the latest operations follows:
Indonesian Military Operation in Jamo Valley causes starvation and displacement.
Reports from Human Rights workers confirm that the Indonesian military (TNI) and police launched a new military offensive in the Jamo (also spelt Yamo) Valley in the remote Puncak Jaya region of West Papua, in the first week of August 2007. These sources said that a mother and two children died from starvation when they were hiding in the forest after fleeing the military operations.
Local people are reported to have been beaten by Indonesian security forces and many people have fled to the surrounding forests and mountains to hide.
Human rights workers say that the affected area includes the villages of Wundu and Propalo. The only way in and out of this rugged area is by walking or light aircraft or helicopter.
The troops involved in the operation were reported to be from TNI Battalion 756 in Wamena and Battalion 752 Nabire and the paramilitary Mobile Police Brigade (Brimob) from Jayapura.
One source said that the military operations began when the TNI and police came from Mulia to surround a hideout of the OPM/TPN guerrilla leader Goliat Tabuni. It was reported that this military operation was unsuccessful.
Another report said that the entire population of young people (men and women) in some villages had fled into the forests and mountains in fear of reprisals from the Indonesian security forces. The Indonesian security forces are said to have accused the villagers of supporting Goliat Tabuni and the OPM/TPN guerrillas. This source also said that only young children and old people are left in Wundu and Propalo villages and that they are traumatized.
"The security forces surrounded our church, forced us out of church and beat us. They destroyed our houses, pigs, and food gardens. We villagers become the victims, caught between the TPN/OPM on one side and the Indonesian military on the other. That is why people have fled their villages" said a source from the area who did not want to be named.
The Institute for Papuan Advocacy and Human Rights (IPAHR) is deeply concerned about the welfare and security of local people in the Jamo valley in Puncak Jaya.
"Over the past year the people in this region have been repeatedly been displaced from their homes by military operations. The repeated military offensives and ongoing occupation of this region by the Indonesian security forces makes the lives of the people very difficult and means that people have had to flee their homes, pigs and food gardens and live from the little they can find in the mountain forests," said Paula Makabory representing Institute for Papuan Advocacy & Human Rights.
"The capacity of local human rights and church workers to assist is also severely constrained by the Indonesian security forces and the Goliat Tabuni's OPM/TPN group."
"The Indonesian Government ban on international media & humanitarian organisations in West Papua means that the international community cannot assess of the situation or provide humanitarian assistance in the Jamo valley."
For more information contact: Matthew Jamieson, Institute for Papuan Advocacy & Human Rights (matthew@hr.minihub.org).
Growing Concern over Political Killings in Papua
International human rights organizations and journalists report a spike in political killings in West Papua in recent weeks. The modus operandi and identity of those targeted strongly suggest Indonesian security forces are resorting to Soeharto-era tactics to intimidate Papuan human rights defenders and more generally terrorize Papuan civilians. An August Human Rights Watch report noted killings of Papuans in recent years have been particularly common in West Papua's central highlands. Meanwhile, the spokesperson for the Institute for Papuan Advocacy & Human Rights (IPAHR), Matthew Jamieson, noted other recent killings. "In the past two months there has been increased threats to human rights defenders." Jamieson noted a report of the killing by police of three public servants in the Star Mountains region, shootings of Papuans by military personnel in Jayapura and the case of the severe torture of a man by the military near Tanah Merah." He also cited reports of torture of Papuan activists at the hands of security forces.
Tom Hyland, writing in the Australian "Sunday Age" (August 26) noted that Indonesian security forces were suspected in a "steady trickle of Papuan killings." Two August killings in Nabire are part of the pattern. In August, Matius Bunai and Ones Keiya were found in the streets, badly beaten and cut. Bunai was found dead and Keiya died shortly after being discovered bleeding in the street. Both had smashed foreheads. Bunai was active in the Kingmi church, which itself has been the target of growing pressure by security forces (see August and July WPAT reports). Keiya was also a Kingmi church member and like Bunai, a member of the Mee tribe.
Hyland notes that the killings were described as "mysterious," a code for security force killings. As Hyland explains, the use of the term "mysterious," echoes its use to refer to similar killings two decades ago by the Indonesian military and police. In the mid-1980's, especially in Java, Soeharto security forces killed thousands whom the regime claimed to be criminal suspects. Soeharto himself later described the deliberately authorized campaign as "shock therapy." The current use of state terror in West Papua has been accompanied by exceptionally harsh public rhetoric by senior military and other officials who pledge to "crush" dissidents and who boast that they are not afraid of human rights charges. (See West Papua Report for August.)
The Soeharto regime, employing the infamous Indonesian special forces, Kopassus, similarly sought to intimidate its political opponents in 1997-98, kidnapping, torturing and murdering young dissidents especially in Sumatra and Java. Such tactics were also used against Timorese dissidents for decades and especially in 1999. Indonesian security elements kidnapped, tortured and murdered Acehenese dissidents as recently as 2004. Melbourne academic and Papuan expert Richard Chauvel, characterizes the anti-Papuan killings as "systemic and strategic." He explains to Hyland that the killings are "systemic in the sense that it is an integral part of how the security forces interact with many sections of Papuan society,and strategic insofar as it is intended "to create a certain atmosphere ... of varying degrees of intimidation."
Papuan Governor Fights to Defend West Papua's Resources
John McBeth, writing in The Straits Times (Singapore) on August 21, 2007, reported on efforts by Papuan Governor Barnabas Suebu to halt plans by the Indonesian central government to massively expand palm oil plantations in West Papua. A similar program carried out in collusion with unscrupulous developers, backed by Indonesian security forces, in Kalimantan destroyed vast stretches of rain forest and displaced the indigenous Dayak.
As in Kalimantan, the plan for West Papua, McBeth notes, would transform the demographic balance in West Papua by attracting waves of migrants from other parts of Indonesia to establish and work the plantations. McBeth underscores that such action "raise(s) the specter of widespread land disputes and a reinvigorated independence movement."
The plan entails the creation of four million hectares of plantations concentrated in the south-eastern districts of Merauke, Boven Digoel and Mappi. According to McBeth, about 90 per cent of the area designated for conversion to palm oil plantation is primary forest that has never been logged.
McBeth cites resistance to the mammoth plan from local critics who oppose such massive projects. Conservationists charge that the plantation plan will lead to rampant logging in the country's last great stands of tropical rainforest. On the other hand, if the pattern of destruction in Kalimantan were to be repeated, valuable hardwoods might simply be burned to speed up plantation development.
Governor Barnabus Suebu, according to McBeth, is taking the lead in efforts so stave off the plantation plan in favor of preservation of the forests, inter alia as a way of winning for West Papua a stake in an international global market for carbon credit avoidance. In a recent interview with the Asian Wall Street Journal, the Governor said he has been under pressure from Jakarta to create more plantations, based on a plan formulated before he was elected governor in July last year.
McBeth, a respected journalist with decades of reporting experience regarding Indonesia and the region notes: "For the past three decades, the central government has been accused of plundering Papua's vast store of resources and giving nothing back. Even now, with the province awash in cash as a result of its special autonomy status, Jakarta is still seen to be falling short in showing more respect for the Papuans and their culture." He adds that "vast new areas of plantation would widen the resentment among indigenous communities, with the influx of hundreds of thousands of outside workers from other job-starved parts of Indonesia dwarfing former president Soeharto's controversial transmigration program."
In that regard, the latest report on West Papua by the International Crisis Group (ICG) highlights already significant tensions among tribal groups, and between indigenous Papuans and non-Papuan settlers, as well as competition over political power and access to spoils at the regency and sub-district levels.
McBeth cites Governor Suebu's aides as describing the Governor as of the view that because the 2001 Special Autonomy Law stipulates that only foreign affairs, defense, justice, religion and fiscal affairs are the responsibility of the central government, "Papua's forests belong to the Papuans." (Note: The following report offers an example of violence associated with oil palm plantation development.)
Indonesian Military Conspires with Oil Palm Developers against Local Papuans
The Institute for Papuan Advocacy and Human Rights (IPAHR) issued a media release August 24 that details a conspiracy between the Indonesian military (TNI) and private companies seeking to develop an oil palm plantation out of pristine forest. The conspiracy has targeted local Papuans who have rallied to oppose the development. Allied with the TNI is Korindo, a Korean-Indonesian timber and oil palm firm.
IPAHR, relying on local sources in southern West Papua, the site of the violence, reports both military violence and an attack by traditional Papuan landowners on the personnel and property of Korean- and Indonesian-owned logging and oil palm plantation projects. “One non-Papuan employee of Korindo, the Korean and Indonesian owned logging and oil palm company, was reportedly killed and four Korindo company trucks were found burnt after indigenous people from the Muyu tribe and company employees clashed near the remote town of Asiki, some 250 kilometers northwest of Australia’s Torres Strait (in mid-August).”
IPAHR also reports that the TNI killed at least one local Papuan on August 20. According to IPAHR, the TNI has accused the Papuan resistance (OPM/TPN guerrillas) of the attacks. It appears, however, that the TNI is using the "pretext" of an OPM/TPN attack "to act against local people in what is a land rights and industrial resource development issue." IPAHR explains, however, that Bernard Mawen, the regional commander of the OPM/TPN ,and also from the Muyu tribal group, is supportive of non-violent struggle to promote human rights and self-determination in West Papua. IPAHR notes, however, that the OPM/TPN under command of Bernard Mawen has not engaged in military action for many years.
IPAHR offers the following background, placing the above violence in context: “The recent violence reported at the Korindo operation appears to be as a result of longstanding dispute over land rights between Korindo and local indigenous traditional landowners, not just the Muyu but also the Auyu, Mandobo, and Marind from other parts of southern West Papua who are also effected by Korindo's operations. In addition, there has been a very long history of violence by Indonesian security forces in this region. At times the TNI (Indonesian military) and police work to protect Korindo's interests and at other times they have launched brutal and indiscriminate military operations against the civilian population and small bands of West Papuan guerilla fighters.”
“The recent incident attack on Korindo's operations in Asiki by the members of the Muyu can also be seen within a context of increased military repression in West Papua which appears to be coordinated by the military command in West Papua. It would appear to serve the interests of the military to generate conflict with the local people. The military can justify the increase in repression, which in turn stops any effective voice of local opposition to the Korindo timber and oil palm operations.” said Matthew Jamieson of the IPAHR.
“Ultimately the conflict over the expansion of oil palms is driven by international demand for bio-fuel. The Indonesian government appears to be intent on a massive expansion in oil palm plantations as a source of bio-fuel. This will involve the destruction of millions of hectares of rainforest and with it the indigenous populations who have lived in and managed these forests for thousands of years.”
Top-Down Development in West Papua Excludes Papuans
An August 30 Jakarta Post op-ed by Papuan priest, Neles Tebay, exposes the Indonesian central government's deliberate exclusion of Papuan civil society and citizens in government planning for West Papua's development. The administration of President Susilo Bambang Yudhoyono has assembled a team of senior government officials to begin to address at long last the absence of basic services in West Papua for Papuans. A May 16 presidential decree highlighted some priorities in the central government plan, including food security, poverty reduction, education, healthcare, infrastructure and affirmative action programs aimed at empowering indigenous Papuans.
While these priorities reflect genuine needs among Papuans, they were decided neither by the Papuans nor in consultation with them, but solely by the central government. They exclude other urgent needs, including issues of justice and an end to Indonesian military and police brutality and impunity for human rights crimes. This latest example of Jakarta's unwillingness to dialog with Papuans about decades of human rights abuse by security forces, marginalization and the central government's malign neglect with regards to health and educational services will likely harden already broad Papuan rejection of "special autonomy."
Respected UK Health Journal Condemns Abysmal Conditions in West Papua
The UK Health Journal, The Lancet, in its August 25 - 31 issue provided a devastating critique of human rights and health conditions in West Papua. The following excerpts are the principal conclusions from the report written by Susan Rees and Derrick Silove.
The recent Human Rights Watch (HRW) report, Out of Sight, alerted the international community to the hidden human-rights abuses in West Papua, Indonesia's most easterly province. The effect of the crisis on the health and wellbeing of the indigenous population of West Papua is an issue that has attracted little attention in contemporary medical publications.
Both restrictions on data-gathering by foreigners and the inaccessible terrain create major obstacles to undertaking research in West Papua. The HRW report therefore, is invaluable because it provides documentation of systematic abuses, including torture, rape, and extrajudicial killings directed against militants and the civilian population. Police and military personnel who are accused of violations seem to be immune from prosecution [1]. Refugees fleeing persecution have sought asylum in Papua New Guinea and in developed countries, such as the UK and Australia. A participant in our mental health project of Australian-based refugees, John (an alias), recounted a story that is consistent not only with the major human-rights and legal reports from West Papua ([1]and [2]) but also with stories from other participants in the project. As a child, John witnessed the burning of his village and the brutal public rape, torture, and murder of his family. The military apprehended his uncle as he fled to the border, tearing his finger and toenails off before forcing him to dig his own grave and shooting him in public. John suffers from multiple musculoskeletal complaints and nightmares arising from his torture. Furthermore, he lives in constant fear for the safety of his remaining family left in West Papua.
Indonesian rule has brought about major changes to the demography, ecology, and traditional way of life in West Papua ([3] and [4]). Mining operations that are poorly regulated are polluting major rivers, while extensive illegal logging is destroying natural habitats that are crucial to a traditional land-based culture ([3] and [4]). Indonesia’s transmigration policy has relocated more than three-quarters of a million ethnically distinct settlers to West Papua, which is an immense social transformation that threatens to marginalise the indigenous people, whose numbers are further threatened by a falling fertility rate [3]. Indigenous Papuans have been displaced to areas where traditional crops are difficult to grow and the prevalence of communicable diseases is high. Questions have been raised about whether these fundamental disruptions to the traditional way of life constitute an insidious form of cultural genocide [1].
Public-health indicators, although incomplete, suggest that the general health of Papuans is poor ([5]and [6]). Malaria, upper respiratory tract infections,and dysentery are major causes of childhood morbidity, with infant mortality ranging from 70 to 200 per 1000 [5]. More than 50% of children younger than 5 years are undernourished, and immunisation rates are low ([5] and [6]). Maternal mortality is three times the rate of women in other parts of Indonesia [5]. HIV/AIDS rates are 40 times the national average [7], and the epidemic is being fuelled by a burgeoning sex trade, low levels of literacy, and inadequate services for prevention and treatment of this disease ([7] and [3]). In 2000, Indonesia acknowledged the parlous state of health in West Papua, committing US$2.25 billion to enhance services [6]. However, critics continue to comment about the gross inadequacy of the medical system in relation to human resources, access, and quality ([2][3] and [7]).
In response to international criticisms, Indonesia has offered West Papuans a special autonomy plan to increase participation of indigenous people in governance [1]. The HRW report suggests, however, that the political changes have not led to an improvement in human rights. Vested interests, the remoteness of the territory, and marginalisation of indigenous people are obstacles to genuine political change. Nevertheless, international pressures have prompted improvements in human rights in other conflict-affected areas of Indonesia, specifically in East Timor and Aceh. The international medical profession can play a part in bringing about change—e.g. by engaging with and supporting progressive Papuan health professionals in their efforts to improve services, establish training programmes, and improve standards of care in the region. Furthermore, gathering more comprehensive data that focuses on the public-health results of conflict and socioeconomic neglect is essential. By maintaining a close scrutiny of health outcomes in West Papua, medical professionals can have a key role in breaking the prevailing silence about one of the world’s least publicised human-rights crises.
References
1 Human Rights Watch, Out of sight: endemic abuse and impunity in Papua’s central highlands, Human Rights Watch 19 (2007), pp. 1 81.
2 E Brundige, W King and P Vahali et al., Indonesian human rights abuses in West Papua: application of the law of genocide to the history of Indonesian control. In: K Allard, Editor, Lowenstein International Human Rights Clinic, Yale Law School, New Haven (2004).
3 J Wing and P King, Genocide in West Papua? The role of the Indonesian state apparatus and a current assessment of the Papuan people, West Papua Project at the Centre for Peace and Conflict Studies, Sydney and Jayapura (2005).
4 Environmental Investigation Agency and Telapak, The last frontier: illegal logging in Papua and China’s massive timber theft, Environmental Investigation
Agency and Telapak, London and Jakarta (2005), pp. 1 27.
5 D Blair and D Phillips, Indonesia Commission: peace and progress in Papua, Council of Foreign Relations, New York (2003), p. 76.
6 H Diani, Health: a specter for Irian Jaya, Jakarta Post (Aug 21, 2000), p. 5.
7 L Butt, G Numbery and J Morin, The smokescreeen of culture: AIDS and the Indigenous in Papua, Indonesia. In: R Jones and SA Finau, Editors, Pacific
health dialogue: Guam and health transition in the Pacific 9, Resource Books, Waimauku (2002), pp. 283 289
West Papua Report
August 2007
This is the 39th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- Despite an April court ruling in its favor, the Kingmi Church in West Papua continues to face violent acts by Indonesian security forces over its control of church facilities in Jayapura.
- A prominent international human rights organization has called for an end to the imprisonment of human rights defenders on the basis of a law that the Indonesian Constitutional Court has found to be unconstitutional. The law, formulated during colonial rule and used extensively by the Soeharto dictatorship, remains on the books and has been used by the Yudhoyono administration to repress Papuans and others exercising free speech.
- Papuan human rights defenders have warned against Indonesian military efforts to create pro-Jakarta militias in programs ominously similar to those employed by the Indonesian military in East Timor to deadly effect. Military training exercises that intimidate local people and threats to individual Papuans, including religious leaders, underscore the growing tension generated by Indonesian security forces.
- Indonesian observers point out that “special autonomy” continues to fail the Papuan people.
- Underscoring that reality, separate reports note Jakarta’s continuing failure to address critical health issues in West Papua, including rising instances of death among women in childbirth, anemia among pregnant women due to poor nutrition, and a much-belated government response, just getting underway to address the explosion of HIV-AIDS in West Papua.
- Meanwhile, international calls continue for Jakarta to remove from West Papua a military commander indicted for crimes against humanity.
Indonesian Police and Military Resume Assault on Papuan Church
The Indonesian police resumed its pressure on the independent Papuan “Kingmi Church” with a violent assault on the central church office staged on July 30. Three members of the Kingmi Church in West Papua were hospitalized and two others were wounded in an attack by the Indonesian security forces. Three other Church members were arrested by police and have now been released. In addition, reporting from West Papua to the West Papua Advocacy Team notes recent death threats against two prominent church officials. (As of publication of this report, new reporting from West Papua indicates that security forces continue to either sponsor or permit violence against the Church by its rivals.)
According to eyewitnesses, personnel from the mobile paramilitary police brigade, Brimob, supported by members of the TNI (Indonesian military) forcibly entered the Kingmi Church Synod office and ransacked the offices, smashing windows and damaging church equipment. property.
The police and military actions followed a confrontation between members of the Kingmi Church and a group reportedly from the Indonesian Tabernacle Bible Church who want to gain control of the Kingmi Church assets. The Indonesian Tabernacle Bible Church’s claim to Kingmi had been supported by police action, notwithstanding a court verdict in April 2007 that recognized the Kingmi Synod’s right to maintain control of its assets in West Papua.
This is the third time that Indonesian police have occupied the Kingmi Church Synod office. Police first occupied the church in December last year, then again in May 2007. Both times they used excessive force to evict pastors and church workers.
The conflict appears to stem from a decision by the Kingmi Church in 2006 to reestablish an independent Synod in West Papua as well as its own advocacy work undertaken in relation to human rights in West Papua.
Paula Makabory from the Institute for Papuan Advocacy and Human Rights said “the situation in West Papua appears to be rapidly deteriorating. The Indonesian police and military appear to be taking more repressive action against community-based organizations in West Papua.
“These repressive actions by the security forces follow statements by Col. Siagian and other senior Indonesian military personnel threatening and justifying the use of state violence against civilians, including those engaged in peaceful protest.”
“The attack on the Kingmi Church follows threatening action by the police against Rev. Sofyan Yoman, President of the Fellowship of Baptist Churches in West Papua who had a gun pointed at him by Indonesian police on Sunday.”
International Call for An End to Unconstitutional Imprisonment of Rights Defenders
The respected UK-Indonesian Human Rights Organization, Tapol, on July 20 issued a public call for the release of Papuan prisoners jailed under Indonesia’s “hate-sowing” laws. The laws date back to Indonesia’s colonial era and were used extensively by the Soeharto dictatorship to repress dissent. Tapol based its appeal on the July 17 decision of the Indonesian Constitutional Court, which declared the “hate-sowing” laws (articles 154 and 155 of Indonesia’s Criminal Code) to be unconstitutional because they violate the freedom of speech as guaranteed by the Indonesian Constitution.
The Tapol press release observed: “The injustice of using penal provisions to criminalize opposition to Jakarta and criticism of government policy is keenly felt in West Papua.” The Tapol appeal noted in particular the continued detention of Papuans Filep Karma and Yusak Pakage who were sentenced to 15 and 10 years imprisonment, respectively, for organizing peaceful celebrations of West Papua’s national day and flying the Papuan Morning Star flag on December 1, 2004. They were charged under Article 154 and other provisions.
“The continued detention of the two men should not be tolerated in a democratic country,” said Carnel Budiardjo, long-time campaigner for human rights in Indonesia and director of Tapol. Tapol concluded its statement by urging that Indonesian authorities release all prisoners jailed for their peaceful political views and activities and, in the spirit of the Constitutional Court ruling, to review all other outdated penal provisions that violate fundamental freedoms.
(TAPOL’s website is tapol@gn.apc.org http://tapol.gn.apc.org .)
Growth of Military-Sponsored Militias Worry Papuan Human Rights Defenders
The Institute for Papuan Advocacy and Human Rights (IPAHR) on July 26 issued a statement calling attention to the growth of militias in West Papua under the direction of an Indonesian military officer indicted for crimes against humanity. In its statement IPAHR said:
“The Institute for Papuan Advocacy & Human Rights (IPAHR) is extremely concerned at the increasing activity of pro-Indonesian militias in West Papua. That the regional commander Col. Burhanuddin Siagian has publicly threatened ‘separatists’ in the past few weeks in West Papua is alarming considering that he and other senior military and police are actively meeting with nationalist civilian militias.”
In support of its contentions, IPAHR provided reports from its sources in West Papua, which pointed to an increase in meetings by nationalist militia groups throughout West Papua organized by the Indonesian military.
IPAHR noted that pro-Indonesian nationalist and militia groups met on July 6, 2007 at the Military (KOREM 172) Auditorium in Jayapura, West Papua. Col. Siagian, who has been indicted for crimes against humanity in East Timor where he was involved with similar militia groups, reportedly addressed the meeting which was attended by approximately 500 people. IPAHR noted that additional militia meetings followed elsewhere in West Papua over the next three weeks. Siagian recently made public threats against Papuans pressing for their political and other civil rights (see West Papua Report – July 2007 and the final item in this report).
IPAHR and other human rights organizations have drawn attention to the Indonesian military’s modus operandi in East Timor and elsewhere in the Indonesian archipelago where it organized, trained and armed militias which were used to terrorize local civilians. These militias have specifically targeted civilians seeking to assert their legitimate rights.
IPAHR concluded its public statement by a warning from Makabory, who said: “These new reports signal that the Indonesian military and police appear to have started a program to actively promote and support militias across West Papua.”
In addition to these IPAHR concerns, other Papuan sources report military training operations have been launched in populated areas, causing apprehension among the local people.
“Special Autonomy” Continues to Fail The Papuan People
The Jakarta Post reported on July 28 that an advocacy team of independent NGOs, the Papua Working Group in Jakarta, has concluded that a government-prepared revision of the Papua Special Autonomy Law is insignificant and that Papuan officials still need a solid and transparent plan to prioritize development and channel funds properly. At a July 27 public discussion Papua Working Group in Jakarta member and spokesperson Amiruddin Al Rahab said that prior to designing the blueprint, the government should assess the progress of Papua’s autonomy, which is just five-years-old. According to the working group, trillions of rupiah (hundreds of millions of US dollars) have been allocated over five years but that physical developments were scant.
He said the expansion of regencies (districts) in the area added a complexity to the local administration’s job. (See following article which notes a severe deterioration of health services as a consequence of new political unit created, which has diluted already thin government services.) “Their aspirations for freedom can be achieved within this republic if they receive adequate educational and health support, including ample stocks of medicine” said Amiruddin.
Separately, Indonesian Corruption Watch (ICW) coordinator Teten Masduki said that in preventing corruption or solving human rights issues, Papua still needed external assistance. “Local elites have benefited from budget misallocation,” he said. Teten called for the Corruption Eradication Commission (KPK) to form regional branch offices in Papua in order to address the chronic misallocation problem.
Political Manipulation Blamed for Rapid Deterioration of Health Services
A Tapol press release has highlighted the continuing, rapid deterioration of health services in West Papua and the dire implications for the Papuan people. In Merauke the death rate of mothers in childbirth has risen again. In 2005, the rate was 464 per 1,000,000 births and rose to 499 in 2006. In previous years, the numbers had been declining. In 2001 the figure was 1,071, and 529 in 2003, and fell to 202 in 2004.
The dearth of health services, resulting from a race by the Jakarta government to create new districts that overtaxed limited health services, appears to be the reason for this negative trend. The new districts provide sinecures for pro-Jakarta elites to access new funds flowing through “special autonomy” programs and also provide a basis for the expansion of the Indonesian military presence.
According to Tapol, an official of the Merauke health service said the reason for the increase in deaths among mothers was that many health workers who work in the villages have been transferred to other districts following the creation of more district administrations, resulting in the shortage of staff in the villages. Another reason was that many health workers abandoned their posts. The official said that people had either been transferred or they had left of their own will.
In Biak, anemia is a big problem among pregnant mothers, according to the head of the local health service. It is estimated that between 60 and 70 percent of pregnant women are anemic. He said the reason was that pregnant women were not eating enough nutritious food. This was a danger to the unborn child as well as to the child-bearing woman. He said that the incidence of anemia among pregnant women has increased in the past three years. The condition was caused, he said, by the lack of funds to keep local health centers operating, which means that pregnant women not being properly monitored during their pregnancy. The lack of nutritious food could lead to the child being stillborn and also endangers the life of the mother. The lack of adequate nutritious food for babies and children is also a problem.
Indonesia Slow to Address Explosion of HIV-AIDS in West Papua
An International Herald Tribune report on July 20 noted that Indonesia will increase government funding to fight HIV-AIDS by 75 percent over the next three years, with the major focus on West Papua where the disease is most virulent. The report notes that health authorities believe that a failure to take prompt action in areas like Papua — where infections are 15 times the national average — could result in 1 million people infected with HIV within a few years.
Notwithstanding the far more severe incidence of the disease in West Papua than anywhere else in the archipelago, the Herald Tribune report points out that West Papua receives only four percent of the money budgeted to fight HIV-AIDS.
Failure of Jakarta authorities hitherto to adequately address HIV-AIDS in West Papua is all the more tragic given the level of government health services in West Papua, which ranks at the bottom among Indonesian provinces.
Among the key sources of HIV-AIDS infection in West Papua is prostitution, an industry protected and in some cases organized by the security forces, in particular, by the Indonesian military.
Continuing Calls for Removal of Commander in West Papua Indicted for Crimes Against Humanity
The Asia Pacific Solidarity Coalition (APSOC), a regional solidarity organization that campaigns on issues affecting the peoples of the region, in a July 18 press release expressed its “gravest concern over the continued presence of Col. Burhanuddin Siagian as commander of the Jayapura sub-regional military command (Korem 172) in West Papua. The APSOC appeal was one of many by international human rights organizations in recent weeks (see West Papua Report – July).
The APSOC release observed that “Siagian’s presence is not only a threat to legitimate human rights defenders and political activists in West Papua but it is also indicative of the Indonesian government’s insincerity in its avowed commitment to justice and the long overdue military reforms.” Gus Miclat, the regional coordinator of APSOC, said: “It is beyond comprehension that a government who promised military reforms would appoint an officer indicted twice of crimes against humanity to command a post in Jayapura.”
APSOC points out that the U.N.-backed Special Panel for Serious Crimes of Dili, the capital of Timor Leste, indicted Siagian on February 3, 2003 (‘the Cailaco indictment) and on July 10, 2003 (‘the Maliana indictment’). He is charged for the following crimes against humanity: torture, murder, persecution, and deportation or forcible transfer of a civilian population. The creation of the Bobonaro militia system that became one of the most repressive in the whole of East Timor was also attributed to him.
The concluding paragraphs of the APSOC statement provided important historical context and perspective for the international calls for Siagian’s removal and are quoted in their entirety below:
Observers fear that the international community may see a replay of mass slaughter in Papua with the assignment of Siagian in the area. As reported, Siagian last May allegedly threatened to “destroy” anyone who “betrays” Indonesia in response to the Papuan activists who demanded a review of their history. The statement is reminiscent of Col. Siagian’s statement in Maliana as military commander of the Bobonaro district of East Timor. As commander of the Bobonaro District Military Command (Kodim 1636), Maliana in pre-independence East Timor, Col. Siagian was quoted to have threatened to kill East Timorese independence supporters, which appeared to have directly led to a number of deaths among Timorese civilians.
To date, Siagian is just one of the military officers accused of serious crimes in East Timor, who continue to serve in important and sensitive positions in the Indonesian military. In 2003, Timbul Silaen was appointed chief of police in Papua despite being indicted on charges arising from his occupation of the same position in East Timor in 1999. For his part, Major-General Adam Damiri, former military commander of the East Timor region, was involved in military operations in Aceh. Last April, Major General Noer Muis, the former military commander in Timor Leste, co-directed the controversial joint military training with the United States.
Reacting to the call by various civil society organizations for Indonesia to extradite Siagian to East Timor, the spokesperson for the Indonesian Embassy in Canberra, Dino Kusnadi, told Australian media that the “indictment has no jurisdiction over Indonesia.” If this is how the Indonesian government appreciates the situation, it is well to remind them that the charges against Siagian and others are under the jurisdiction of the U.N.-backed Special Panel for Serious Crimes and, therefore, classified as crimes of universal jurisdiction by which no amount of alibi can neither disprove or hide the crime.
It is disheartening to know that Indonesia has displayed its lack of respect for the rule of law and has instead the tendency to perpetuate the cycle of impunity. The litmus test of the Indonesian government’s commitment to justice and military reforms is whether it has the political will to recall the highly controversial Siagian from Jayapura and extradite him to East Timor to face trial.
“The Indonesian government must move with dispatch and act on the demands of the Papuans and the international community to recall the highly-controversial Col. Siagian from Jayapura and extradite him to East Timor to face trial,” APSOC said, adding that “failure to do so will only expose its insincerity in keeping its promises of military reforms and its avowed commitment to justice.”
West Papua Report
July 2007
This is the 38th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- U.S. Congressman Faleomavaega was barred from entering West Papua while the U.S. House of Representatives has called for cuts in U.S. assistance to the Indonesian military(TNI) and insisted on genuine reform within the TNI.
- A U.N. human rights official has expressed concern about the human rights environment in West Papua. Her visit prompted Papuans to demonstrate peacefully in support to U.N. action to protect fundamental Papuan rights. In the wake of the U.N. visit, security forces have cracked down on human rights defenders.
- A prominent Papuan political prisoner/prisoner of conscience has been beaten in prison following his revelation of criminal behavior by guards.
- Thirty Papuan, Indonesian and international human rights organizations have written to President Yudhoyono calling for removal of a TNI official indicted by the U.N.-supported Dili special crimes unit who, as a senior commander in West Papua, has threatened to “destroy” Papuans who press for their rights. In addition, reports indicate that the TNI is implementing a strategy it used in East Timor, which led to widespread violence and bloodshed.
U.S. Congressman Eni Faleomavaega Barred from Visiting West Papua
As the July edition of the West Papua Report was being finalized for publication, we learned that the Indonesian government has reneged on its invitation to U.S. Congressman Eni Faleomavaega to visit West Papua. A government spokesperson claimed the visit was canceled over fears that it could provoke riots. The Indonesian government has offered no evidence for this purported concern. In fact Papuans were preparing a warm welcome for this consistent champion of human rights in West Papua.
For over one year the Indonesian government has engaged in a massive international propaganda campaign aimed at convincing critics that its policies in West Papua are benign. Its refusal to allow Congressman Faleomavaega to see the situation for himself speaks volumes about the mendacity of the Indonesian propaganda campaign and about the urgent need for the international community to address the plight of Papuans.
U.S. Congress Demands Indonesian Military Accountability for Human Rights Crimes in West Papua and Elsewhere
On June 22, the U.S. House of Representatives renewed its past statements of concern about human right abuse and corruption in the Indonesian military (TNI). Specifically, it inserted requirements into legislation funding U.S. assistance to the Indonesian military that demand military reform and accountability. Several provisions in the Foreign Operations Appropriations Bill (H.R. 2764) require reporting on progress in these areas prior to the release of certain military assistance funds. The provisions include reporting on the impact of U.S. assistance on Indonesian security forces and any connections between US assistance and human rights violations by these forces.
The bill would cut the administration’s request for Foreign Military Finance (FMF) funds nearly in half from $15.7 million to $8 million and would delay the release of $2 million of those funds until the State Department reports on “steps taken by the Government of Indonesia” to prosecute and punish, “in a manner proportional to the crime,” members of the Armed Forces who have been credibly alleged to have committed gross violations of human rights; cooperation with “civilian judicial authorities and international efforts to resolve cases of gross violations of human rights in East Timor and elsewhere”; and military reforms “to increase the transparency and accountability of their operations and financial management.”
In addition to reflecting the U.S. Congress’s exasperation with the continued failure of the Indonesian military to end corruption, submit to civilian direction and end human rights abuses, the U.S. Congress also renewed expressions of concern about developments in West Papua. Among these, the legislation would delay provision of International Military Education and Training (IMET) until the Secretary of State reports on steps taken by Indonesia to “to deny promotion to and to remove from service military officers indicted for serious crimes.” This provision reflects growing concern in Congress and elsewhere that Jakarta continues to promote those indicted for war crimes. For example, Colonel Burhanuddin Siagian, regional military commander in West Papua, recently threatened to “destroy” any Papuans seeking their political rights. He has been twice indicted for crimes against humanity by the U.N.-supported serious crimes court in East Timor. The congressional initiative also renewed calls for West Papua to be opened to unimpeded travel by U.N. and diplomatic personnel, journalists, researchers, and non-governmental organization personnel.
The U.S. Senate has yet to take up its version of the Foreign Operations Appropriations Bill. Before becoming law, any differences between the House and Senate bills must be reconciled.
UN Human Rights Official Visits West Papua And Expresses Concern Over Human Rights There
A June 12 U.N. report described the visit earlier in June of the Special Representative of the Secretary-General, Hina Jilani, on the situation of human rights defenders in West Papua. The report, issued by the Secretary-General’s office, noted that the purpose of the June 5-7 visit was to assess the situation of human rights defenders in the light of the principles set forth in the Declaration on Human Rights Defenders adopted by the United Nations General Assembly in 1998. During the mission, the Special Representative visited Jayapura in West Papua. The visit was important and welcome as Jakarta has heretofore often blocked visits by U.N. and other human rights-focus people to West Papua.
In general, the Special Representative observed that prospects for the promotion of human rights had considerably improved in the recent past. She also, however, observed shortcomings including a lack of interagency cooperation and coordination among institutions created to address human rights concerns. She also described resistance to changing attitudes and institutional culture which has made it difficult for these institutions to make a full commitment to eliminate impunity for human rights violations. She observed that there was “even less commitment to removing impunity for past abuses.” In this context, she said she was mindful of the several cases she has communicated to the government in the past six years on which there is still no progress.
The Special Representative was particularly concerned by developments in West Papua on which the June 12 report focused:
“The Special Representative is deeply concerned by the testimonies that she has heard indicating the continuing activities of the police, the military and other security and intelligence agencies that are aimed at harassment and intimidation of defenders or to restrict their access to victims and to sites of human rights violations.”
“She found this trend more pronounced in the Province of West Papua. She has heard credible reports of incidents that involve arbitrary detention, torture, harassment through surveillance, interference with the freedom of movement and in defenders’ efforts to monitor and investigate human rights violations. She was also informed of cases where human rights defenders were threatened with prosecution by members of the police and the military. It was alleged that when defenders have attempted to register their complaints, this has been denied and the defenders threatened. She is also concerned about complaints that defenders working for the preservation of the environment and the right over land and natural resources frequently receive threats from private actors with powerful economic interest, but are granted no protection by the police. She is particularly disturbed by allegations that when defenders expose abuse of authority or other forms of human rights violations committed by the security apparatus, they are labeled as separatists in order to undermine their credibility. The Special Representative believes that this trend places human rights defenders at greater risk and must be discouraged by the concerned authorities.”
“The concerns of the Special Representative regarding the situation of human rights defenders in West Papua persist despite the assurance to her by the Military Commander and the Chief of police in Papua that there was no institutional policy to target defenders. She has recommended improvement in the mechanisms in order to ensure more credible oversight and accountability of police, the military and the intelligence apparatus. She has also recommended the creation of special complaint cells for registering and redressing incidents of harm or threats to human rights defenders.”
The Special Representative will present her report on this mission to the United Nations Human Rights Council, and will make detailed recommendations for the consideration of the government. She called for a sustained dialogue with the Indonesian government, and expressed hope that there would be “more uniform progress on the protection of human rights defenders in all parts of the country”.
Papuans Rally to Win UN Support for Political Rights
An Agence France Press (AFP) report noted that hundreds of people rallied June 8 in West Papua, to urge the U.N. to press Jakarta to overturn a 1969 referendum that Jakarta uses to justify its annexation of West Papua. The rally transpired during a visit by U.N. envoy Hina Jilani (see separate reports above regarding the U.N. official’s visit). The demonstrators called on the U.N. to reconsider the 1969 “Act of Free Choice” in which 1,022 Papuans, chosen by the Indonesian Government and operating under military pressure “voted unanimously” for annexation. Independent international observers, including U.N. monitors, have labeled the act a sham and a fraud as do recently declassified U.S. and U.N. documents.
“We urge the United Nations to accept the Papuan people’s aspiration to review the Act of Free Choice,” rally organizer Jek Wanggai told AFP by phone. “The United Nations must register Papuan areas as colonized zones and organize an immediate referendum vote,” Wanggai said. According to the AFP report, Wanggai said about 900 people took part in the rally in Manokwari, located 500 miles from the provincial capital Jayapura, where U.N. Special Representative Jilani was meeting with officials. Wanggai called on her to meet representatives of his movement while in West Papua. “We no longer believe in the corrupt Indonesian justice system and hope an international court will deal with human rights violations in Papua,” he said.
Wanggai’s comments and actions place him in danger. A senior Indonesian military official in West Papua who was indicted by the U.N.-supported Special Crimes Unit publicly threatened to “destroy” Papuans who spoke out for their rights, including political rights (see separate report in June edition of the West Papua Report). The following report documents security force pressure on Papuans in the wake of the U.N. official’s visit.
Papuans Face Threats and Intimidation in Wake of UN Official’s Visit
On June 28 the Asian Human Rights Commission issued an “urgent appeal” on behalf of Papuan human rights defenders who have been targeted by the Indonesian security forces and intelligence units in the wake of a visit by a UN human rights official to West Papua (see above).
In its appeal, the Asian Human Rights Commission (AHRC) said it received “credible” information of ongoing attacks, intimidation, surveillance and threats, including death threats, against human rights defenders from West Papua, which occurred in mid-June 2007, following their meeting with Ms. Hina Jilani, the UN Special Representative to the Secretary General on Human Rights Defenders.” The appeal stated that members of the Indonesian military (TNI) appeared to be targeting people who met with Ms. Hina Jilani during her visit. The appeal added that although a formal letter has been issued to the chief of the national police and the regional military commander of Papua province, no action had been taken by the authorities and that the defenders continue to feel threatened while conducting their work.
The appeal cited the following cases:
The first case reported involves two persons: Frederika Korain and priest Perinus Kogoya. They all work for the Peace and Justice Commission for the Diocese of Jayapura (SKP Jayapura). They attended a public hearing with Ms. Hina Jilani in Jakarta on June 7, 2007. They returned to Jayapura on June 8, 2007. Sentani airport, where their plane landed, was being heavily guarded by the police, military and intelligence services, as Ms. Hina Jilani was scheduled to visit Papua. As their vehicle departed Sentani airport they were rammed by a vehicle bearing a police license plate. As a result of the crash, the SKP car was damaged and the passengers were in shock. The SKP driver attempted to stop the car that hit them, at which point two men got out of the car and stated that they were intelligence commanders for the military regional command. The police, who saw the entire incident, allowed them to leave the scene of accident without being questioned. Local groups believe that this incident was no accident, but was for the direct purpose of intimidating the two defenders, notably as they had been being followed by the same car since they had left the airport.
The second case involves Yan Christian Warinussy, the Executive Director of the Institute of Research, Analysis and Development for Legal Aid (LP3BH) in Manokwari, who has reported that he is under surveillance both at his home and office. On June 8, 2007, Mr. Warinussy met with Ms. Hina Jilani in Jayapura, and he came back to Manokwari on June 9, 2007. Beginning that evening he was placed under surveillance from a vehicle both at home and at his office. Mr. Warinussy requested protection from the Peace Brigade International (PBI) and asked its members to accompany him from Friday June 15, 2007 onwards.
The third case concerns Mr. Albert Rumbekwan, the head of the National Human Rights Commission (Komnas Ham) in Papua Province. On June 11, 2007, Albert received a text message stating: “You who are reporting about the human rights situation in Papua are trying to destroy the people. You want evidence of people being killed, I will kill your tribe, your family and your children will become only bones to show that there is only a zone of peace in Papua.” On June 14, 2007, Mr. Albert Rumbekwan received five more text messages from the same number, again containing death threats. At around 8am on the same day, unidentified persons parked three cars some 20 meters from Mr. Albert Rumbekwan’s office. The perpetrators were shouting, allegedly to get Mr. Albert Rumbekwan to come outside and see them, but he ignored them, as a result of which they remained in the area and monitored his offices until around 4pm. These SMS threats have continued as have surveillance.
The Commission for Disappeared Persons and Victims of Violence (Kontras) has already issued complaint letters concerning the three aforementioned cases to the Chief of Police for the Province of Papua (Kapolda Papua), the Regional Military Commander of Trikora, the Chief of National Police (Kapolri), the Foreign Affairs Minister of Indonesia, and the Head of Komnas HAM in Jakarta. However, no effective action has yet been taken to investigate these incidents.
Papuan Prisoner of Conscience Beaten for Revealing Guards’ Criminality
Reliable reporting from inside West Papua indicates that in June, Filep Karma, recognized by Amnesty International and other human rights organizations as a “political prisoner” and prisoner of conscience” was attacked by guards in June as a consequence of his reporting of criminality by local guards.
On June 12, 2007, TOP TV (Papuan Local TV), Cenderawasih Post and Papua Post (newspapers) published Filep Karma’s report about violence and extortion which are being committed by Indonesian prison officers. He reported that the prison officers received bribes and stole the prison’s tools and equipment which were used by prisoners for training and practical activities. He reported that the prison officers took them and used them as their personal belongings. In addition, he reported a list of names of the prisoners who have bribed prison officers and who are now enjoying freedom outside the prison.
As a result of Filep Karma’s report which was published by the media, two prison officers dragged him by the collar of his shirt. As a result of their action his shirt was torn, his feet were injured and both his backbone and his coccyx (tailbone), which was injured when he was arrested in 2004, are now very painful again.
Until the publication of Filep Karma’s report, he had twice weekly health checks. Prison authorities ended this practice following publication of the report sourced from Karma.
International Groups Expose Criminal Past of TNI Officer Now Issuing Threats against Papuans
On June 28, at least 30 Papuan, Indonesian and international human rights organizations called attention to the presence in West Papua of a senior Indonesian army officer indicted on crimes against humanity charges in East Timor (now Timor-Leste). The groups underscored that the officer’s presence in West Papua endangers human rights defenders and political activists and is a sign of the Indonesian government’s lack of commitment to justice and accountability.
In an open letter to President Susilo Bambang Yudhoyono of Indonesia, the organizations called for Col. Burhanuddin Siagian, commander of the Jayapura sub-regional military command (Korem 172) in Papua, to be withdrawn immediately and suspended from active duty. They urged the Indonesian government to review all evidence against Col. Siagian and other high-level East Timor suspects to determine whether proceedings should be commenced and to extradite to East Timor those indicted by Dili’s Special Panel for Serious Crimes.
“It is shocking that a government supposedly committed to military reform and fighting impunity would appoint an indicted officer to a sensitive senior post in Papua.” said Paula Makabory, the exiled coordinator of the International Human Rights Campaign for the Papuan rights group, ELSHAM, in a media release on June 28. “Papuans will continue to have their rights trampled on until the civilian authorities exert control over military behavior and ensure accountability for past abuses,” she added.
As reported in the June issue of the West Papua Report, Siagian publicly threatened to “destroy” anyone who “betrays” Indonesia. His threat was targeted at those Papuans demanding their political rights. His statements ominously echoed statements he made when serving as Maliana as military commander of the Bobonaro district of East Timor in 1999. Two indictments issued in 2003 state that he made speeches threatening to kill East Timorese independence supporters and was responsible for the deaths of seven men in April 1999.
The organizations in their letter underscored that Papuans who campaign peacefully are not betraying Indonesia as alleged by Col. Siagian, but simply asserting their right to express their political views. They called upon President Yudhoyono to show his commitment to freedom of expression and support this right.
The organizations concluded their letter as follows: “We are dismayed by Indonesia’s lack of respect for the rule of law and its apparent determination to perpetuate a cycle of impunity that encourages military personnel to believe they will escape justice for past and future violations of human rights,” said Matthew Jamieson Secretary of the Institute for Papuan Advocacy & Human Rights in Australia. “Indonesia has failed to keep its obligations under international law and Indonesian domestic law to prosecute Col Siagian for his alleged crimes.”
Indonesian Government in West Papua Replicating Infamous East Timor Strategy
Reliable accounts from West Papua indicate that Indonesian agents are suborning Papuans along the lines of efforts in East Timor a decade ago, aimed at creating pro-Jakarta elements in support of a propaganda campaign. As with militia and pro-Jakarta Timorese, those recruited will wear T-shirts printed with pro-integration logo’s. More ominously, Indonesian security officials will train these recruits to “defend” Indonesia against “separatists.” Similar militias in East Timor and Aceh were employed by the military and police to terrorize local critics of Jakarta. It is not clear whether these Papuan militias will be armed, although in the past, the Indonesian military had armed migrant-based units, raising communal tensions.
West Papua Report
June 2007
This is the 37th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- Amnesty International’s annual report on Indonesia notes continued abuses in West Papua including extrajudicial killings and torture by security forces. Papuan children are among the victims.
- The Indonesian government has sponsored a visit of a delegation including Papuans to the U.S. Congress in order to make the case for “special autonomy,” a policy approach generally rejected in West Papua after six years of government failure to implement the policy. The current governor of West Papua has drawn attention to the vast misuse of special autonomy funds purportedly intended to ease the suffering of impoverished Papuans.
- Tribal leaders are set to gather in June for the first time since 2002.
- A prominent human rights defender in Jakarta has called on the government for its failure to ensure justice for Papuans, noting in particular the government’s failure to follow up on recommendations made by the National Human Rights Commission regarding prosecutions in West Papua for rights abuses. International NGOs have also condemned the government’s failure to prosecute those engaged in illegal logging in West Papua.
- A senior TNI officer with a long history of human rights abuse has publicly threatened to “destroy” Papuans pressing for self-determination while an official from the notorious Indonesian special forces (Kopassus) reportedly visited Papuan refugees in Papua New Guinea where he reportedly pressed for their involuntary repatriation.
- The Indonesian police continued their pressure on the independent Papuan “Kingmi” church.
Amnesty International 2007 Report Notes Continued Rights Abuse in West Papua
Amnesty International in its 2007 report on Indonesia underlined that rights abuse in West Papua continues. It noted, in particular, the continued extrajudicial executions, torture and other ill-treatment, the excessive sue of force during demonstrations, and harassment of human rights defenders. The report noted that in 2006, at least 21 men were sentenced after “unfair” trials to between four and 15 years imprisonment. It added that “all the detainees were reportedly ill-treated in police detention” and that “lawyers and human rights defenders involved with the trials were subjected to intimidation and received death threats.”
The report also detailed that many civilians were arbitrarily killed by security forces and that in some instances, the victims were children.
Indonesian efforts to conceal the on-going abuses in West Papua continue. The Amnesty report observed that “severe restrictions continued to bar nearly all foreign journalists and NGOs from operating in Papua.”
Indonesian Government Lobbies U.S. Congress on West Papua
The Indonesian Government has sponsored a delegation to Washington D.C. to lobby the U.S. Congress regarding West Papua, in particular, to convince U.S. representatives that Papuans support the Indonesian Government’s “special autonomy” approach to the multiple abuses afflicted on the Papuan population. The group is reportedly arguing that West Papua’s only future is as part of Indonesia. The Indonesian State Intelligence Agency, “BIN,” which recently hired a U.S. lobby firm to influence the U.S. Congress, is reportedly supporting the delegation.
Franz-Albert Joku, a prominent Papuan is among the delegation members. Joku, although a member of the Papuan Presidium Council, was reportedly not selected by that body to represent the Presidium nor the Papuan people in the delegation.
Papuans, for several years, have been demonstrating in large numbers against “special autonomy,” contending that the six-year-old policy has failed to bring about the reforms promised and in fact has tended to tighten the hold on West Papua by the security forces and the non-Papuan minority brought to West Papua by the Government over several decades.
West Papua Governor Admits Vast Corruption in Use of Special Autonomy Funds
A Cenderawasih Post article in late May reported comments by West Papua’s new Governor Barnebus Suebu regarding years of misuse of funds provided by the Indonesian Government purportedly to address needs of the Papuan people which have been ignored since Indonesia seized West Papua. The Governor pledged that his administration would re-direct the funds so as to address outstanding humanitarian and developmental needs.
According to Suebu, 90 per cent of the “special autonomy” funds has been used for the bureaucracy. He did not however explain how the money had been spent but previous reports noted that money was directed to migrant-(non-Papuan) controlled sectors of the economy and that the Indonesian military has used significant portions of the cash flow for its expenses.
Governor Suebu pledged that in the future there will be greater focus on conditions at the local level to improve people’s welfare including development of natural resources and to generally improve economic circumstances. He said that it would not be possible to end poverty without economic development, and this will require investments. He emphasized the role of the international community in this development and stated he would lobby for the support of international organizations such as UNICEF, UNDP and the ILO. As a start, the Governor pledged to give each kampung Rp. 100 million, which will increase in the coming years.. He also hoped that the nutritional conditions especially of mothers and children in the kampungs would improve.
The Governor’s failure to discuss the extensive corruption that has afflicted the disbursement of “Special Autonomy” funds raises questions about how effective his administration will be in ensuring that it will be any more effective in channeling these funds to meet real human need.
Papuan Tribes to Gather for Rare Leadership Gathering
The Papua Tribal Community will gather later in June for the first time since 2002. The gathering of representatives of 245 tribes will bring together over 700 tribal leaders.
Forkorus Yoboisembut, organizing committee chairman, told media that the June 20-24 meeting in Jayapura (Port Numbay), the West Papuan capital, will provide a forum for the highest tribal decisions to be made and for an evaluation of the tribal council’s performance. In the last tribal gathering in 2002, the body selected Tom Beanal as the tribal council leader and Leo Imbiri as council secretary.
Indonesian Government Accused of Ignoring Rights Violations in West Papua
Prominent human rights commentator Jayadi Damanik has told the media that the Indonesian government continues to ignore human rights violations in Indonesia and in particular, West Papua. “The government has yet to show a sincere intention to settle a number of human right violation cases in Papua,” he contended, emphasizing that government officials fail to refer serious incidents to the country’s courts.
In particular, he told state news agency Antara that government investigators have refused to present human rights cases to courts of law on the excuse that the dossiers drawn up by the National Commission on Human Rights (Komnas Ham) were incomplete. He exposed the excuse as bogus, however, arguing that government investigators never asked the Commission to complete the dossiers and instead shelved the dossiers. Among the cases were murders and shootings in Wasior, Teluk Wondama Gulf, the fatal shooting of three students by the police, brutal attacks on hundreds of other students, one of whom died in police custody, the shooting in Waghete which caused the death of a junior high-school student, and brutalization of civilian residents.
Indonesian Government Failing to Halt Illegal Logging in West Papua
Environmentalists have told Agence France Press and other international media that the Indonesian Government has failed to end illegal logging in West Papua first exposed by an international NGOs in 2006. The environmentalists noted that Indonesia’s famously corrupt prosecutorial and justice system has failed to prosecute and punish culprits, many of whom have ties to the Indonesian military and police.
“The problem not only lies with the justice system, but the whole chain of forest management,” according to Greenpeace forest campaigner Hapsoro. Hapsoro blamed a weak justice system for the acquittals, but said West Papua’s thousands of hectares of forests need to be better managed with tighter security to deter illegal loggers. Even the police admit to becoming increasingly frustrated with the number of illegal loggers who were inexplicably being acquitted in courts. Hadiatmoko noted that seventeen out of 29 cases of illegal logging in Papua have been acquitted and the rest were only given minimum punishments.
Greenpeace has nominated Indonesia in the Guinness World Records in 2008 as having the highest deforestation rate in the world between 2000 and 2005. Much of that deforestation transpired in West Papua, which holds the greatest expanse of virgin rainforest in the Indonesian archipelago.
Regional TNI Commander with Abusive Past Threatens Papuans
The Regional Military Commander of 172/PWY of Papua, Colonel Kav Burhanudin Siagian was reported on 14 May 2007 as saying that he would personally destroy traitors to the Indonesian state. Colonel Siagian stated that the main enemies of the state are those who enjoy the nation’s facilities, but who still carry out actions against the stability of the unitary state of the Republic of Indonesia. “Traitors like them are the ones that must be destroyed,” he said. He added, “If I meet any one who has enjoyed the facilities that belong to the state but who still betrays the nation, I honestly will destroy him.”
According to the Regional Military Commander, he was prompted to make the statement because recently there have been individual students or youths who said that they represented certain organizations and who were under the influence of influential leaders in Papua, who tried to raise the issue of the Act of Free Choice. Specifically, they had claimed that the 1969 Act of Free Choice was illegal and therefore, it was necessary that there be a new act of self determination. Siagian concluded, “We should not try to reveal what has happened in the past because this is the time we should think of development in Papua.”
Col. Siagian’s past indicates that his threats cannot be taken lightly.
A report from human rights organizations in East Timor in April 1999 stated that (then Lt. Col.) Siagian ordered the public execution of five innocent people as revenge killing and ordered the capture and killing of community leaders thought to be pro- independence, which led to a hunting down of civilians and attacks on homes. He was indicted twice in absentia for crimes against humanity by the U.N.-supported Dili Special Panel in 2003.
There is a long history of TNI officers with records of human rights abuse being assigned to West Papua where, with impunity for past crimes, they commit new offenses.
Pressure Grows on Papuan Refugee Settlement in Papua New Guinea
According to report published May 23 in the Vanuatu Daily Post, prominent West Papuan resident in Vanuatu, Dr. Otto Ondawame, has expressed concern over a recent incident in Port Moresby suggesting that the Papua New Guinea government was working in collaboration with the Indonesian Embassy in PNG and pro-special autonomy groups led by France Albert Joku to force the West Papuan refugees in 9-Mile refugee camp to repatriate to West Papua.
According to the report, a military official from the infamous Indonesian Special Forces (Kopassus) visited the “9-Mile settlement located outside Port Moresby. The Kopassus officer, who arrived in a vehicle bearing diplomatic license plates, was escorted by an official from the PNG police. The unannounced visit reportedly followed an eviction notice delivered to the settlement of refugees from West Papua. Ms. Wallaya Pura, UNHCR Chief in Port Moresby reportedly reacted negatively to the Indonesian military visit to the settlement, commenting that “they shouldn’t even think about going there.”
Police Increase Pressure on Papuan Church
According to a May 16 Survival International report, the Indonesian police occupied the headquarters of the Indigenous Kingmi Church in Jayapura, West Papua in mid-May. The Kingmi Church has been particularly vocal in its opposition to the Indonesia Government’s violation of Papuan human rights. The majority of the Kingmi Church come from the Papuan highlands where the Indonesian military has committed the most serious rights abuses.
The Kingmi Church recently broken away from the Gereja Kemah Injil Indonesia (GKII, The Tabernacle Bible Church of Indonesia) and returned to its original self-governing status. The police have accused the Kingmi Church of supporting the Papuan independence movement. Church leaders in fact have been among the most effective in organizing Papuan protest actions along the lines of non-violence and have worked resolutely for a ceasefire and demilitarization of West Papua.
Six police trucks and a water canon were stationed outside the Church’s offices in the mid-May confrontation. At the same time, paramilitary police armed with rifles occupied the roof of the building, and more than 50 policemen were positioned outside.
In response, 200 members of the Kingmi Church protested outside the headquarters, blocking one lane of traffic.
Rev. Benny Giay, chair of the Kingmi Church’s Bureau of Justice and Peace, said of an earlier police attack on the church, “the victims of Indonesian brutality are the members of the Church. The Church has the right to stand up for the rights of the people.”
*Note: Information from West Papua received as this report was being finalized indicates that Indonesian police have reduced the police presence in the vicinity of the Synod headquarters but have continued to threaten Kingmi Church personnel and support those Synod representatives whom the Indonesian courts have ruled against in the dispute with Kingmi.
West Papua Report
May 2007
This is the 36th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- In a remarkable display of courage, unity and peaceful non-violent methods, Papuan employees at the giant gold and copper mining firm of Freeport McMoran won all of their demands after a four-day strike at the Freeport mine.
- Defense Minister Sudarsono was unable to offer information on the plight of Papuans in the the central highlands who were forced from their homes by military operations which began six months ago.
- Reports from within West Papua indicate that the removal of a local district leader who worked with the military and police to create tensions may enable the people of Yamo to return to their homes.
- Three groups protested over the failure of “Special Autonomy” and urged UN engagement to secure Papuans’ fundamental rights.
- A May 1 court decision awarded the new Papuan Synod of the Kingmi church (GKI) control of the assets of the Synod in Papua. But pressure on the new Synod, now independent from the Indonesian Synod continues.
- Papuan Muslims convened a meeting in early April and expressed desire to work more closely with other Papuan faith groups in addressing unmet needs in West Papua.
David Defeats Goliath in West Papua
Indonesia experienced an earthquake of sorts on April 22 when peaceful but determined workers scored an unprecedented victory in West Papua, forcing the gold and copper mine giant Freeport McMoRan to concede virtually all the demands workers had pressed in a brief but well-organized strike that shut down production.
Freeport McMoRan has faced many popular risings in desperate reaction to decades of rapacious mining practices which robbed local Amungme and Kamoro people of their patrimony, its complicity in Indonesian military human rights abuse and its environmental devastation. But this confrontation was different in one key respect: Freeport lost and the people won. The Papuan strikers were not intimidated by a military and police show of force in the Timika area during the strike.
Workers won nearly a doubling of a workers’ monthly basic salary. Freeport also agreed to reestablish its Papuan Affairs Department and replace several executives who the workers saw as disrespectful in their dealings with Papuan employees.
Clearly not all Papuan concerns were addressed in the settlement. Papuans make up only approximately one third of the 9,000 employees at the West Papua mining site. Moreover, few Papuan employees rise to management level reflecting a latent racism that infects corporate and government structures throughout West Papua. As a Jakarta Post editorial noted: “Human rights abuses, the unequal distribution of wealth and the disrespect shown by the central government toward Papuans are among the major complaints in the province.”
April 28 marks a great victory for Papuan workers and more broadly for the Papuan people. The victory scored by these peaceful workers vindicates a strategy of peaceful but assertive non-violence advocated by Papuan civil society in the face of enormous provocations. Papuan workers at Freeport have scored a victory that may have reverberations like those of other earthquakes in places and times of racial, social and political repression such as in the U.S. in the 1960s and South Africa in the 1980s and 1990s.
Growing Popular Discontent over Failure of Special Autonomy
Approximately 1,000 Papuans staged a three-hour demonstration on May 1 in Manokwari. Demonstrators, organized by the Communication Center of Cenderawasih Youth, demanded the dispatch of a U.N. mission to West Papua, to conduct a review of the “Act of Free Choice” through which Indonesia annexed West Papua, the inclusion of West Papua in the UN’s Decolonization Committee as a territory whose political status has yet to be justly addressed, possibly through a referendum, and for the Government of Indonesia to acknowledge the failure of “Special Autonomy.” During the demonstration, Indonesian jet aircraft flew low over the demonstrators in an apparent, unsuccessful effort to intimidate the demonstrators.
On April 27, the “Coalition of Students and people Who Care about Papua” issued a declaration with similar demands as those voiced by the Manokwari demonstrators. The declaration documented specific human rights violations committed by security forces since the implementation of “Special Autonomy,” noted the absence of basic services in West Papua ranging from health care to education, underscored the problem of worsening unemployment and the problem of endemic corruption which has siphoned off funds purportedly provided under “special autonomy.” The declaration also noted Papuan opposition to the creation of new provinces and regencies absent consultation with the Papuan people and in violation of the “special autonomy” law. The declaration demanded a senior level dialogue between Papuans and Jakarta by August 10, 2007. If such a dialogue is not initiated, the declaration calls for consideration of “another option.”
Meanwhile, a group of Papuan business people has called for an end to the “Special Autonomy” status for Papua. It claimed that after six years the special status has failed to produce tangible benefits for the Papuan people, notably in the areas of health and education. The group, the “Papuan Indigenous Business People” in demonstrations at the Provincial Parliament building in Jayapura, called for a comprehensive dialogue between Papuans and the Indonesian Government with the participation by an independent third party. The model appears similar to that successfully embraced in addressing decades of repression in Aceh in 2006. The Papuan Indigenous Business People is part of the Council of Customary West Papuan Chiefs which, in 2005, organized a 10,000-person demonstration to formally reject “Special Autonomy”.
Defense Minister Sudarsono Fails to Answer Questions Regarding Plight of YamoPeople
Defense Minister Juwono Sudarsono, meeting with human rights advocates in Washington DC on April 18, was unable to offer any information about the plight of the Papuan people in the Yamo area of the central highlands, who were forced from their homes by December 2006-January 2007 military operations. Questioned about whether these people had been allowed to return to their homes, or whether the security forces in the area had continued to impede the flow of food and medicine to these civilians, Sudarsono simply responded that there had been “some overreaction” in the conduct of the Indonesian military.
Sudarsono denied plans to move a new TNI division to West Papua (although earlier reports of such plans were based on statements from the Defense establishment). He contended that there were only 12,000 organic and inorganic troops in West Papua and that there had been no recent augmentation of those numbers. The only movement of troops into West Papua were part of normal troop rotation. Responding to questions about restriction on travel to and within West Papua on UN personnel, journalists, researchers and even diplomats he acknowledged that this was a frequent topic of discussion in Jakarta. He said that while the government would like to allow regular diplomat and defense attaché visits, there many cases of visa “misuse.” “Some people go to places they should not go and engage in political propaganda,” he said. “Papua is an issue with a high international profile,” he said and as a result, problems are posed for security officials in the area of security and human rights. He added that the desire for “recognition” among Papuans was a “legitimate issue,” just as it had been for the people of Aceh.
Displaced Yamo People May Be Able to Return to Their Homes
A respected Papuan in Jayapura has told the West Papua Advocacy Team that the replacement of the Bupati (Regency Leader) in Puncak Jaya by a Papuan may set the stage for the return of the several thousand Yamo villagers displaced by military operations to their homes. The previous leader, a non-Papuan, had worked with the military and police to generate conflict in the area. Papuan Pastors are preparing a team to go to the area to assist the Yamo villagers in their return to their homes.
Court Supports Papuan Kingmi Church Synod
A May 1 decision by an Indonesian court awarded control of Synod assets in West Papua to the new Papuan Synod, ending control of those assets by the Indonesian Synod from which the Papuan Synod broke away earlier this year. Radio broadcasts have claimed that the new Synod has a non-religious agenda. It appears that retaliatory pressure may be aimed at the new Synod leadership.
Papuan Muslims Meet
In early April, Papuan Muslims held an inaugural three-day congress in Jayapura with several hundred participants. The Papua Muslim Solidarity group coordinated the gathering. According to media accounts, the meeting focused in part on strengthening relations with other Papuan religious organizations as well as with the public and the provincial and local administrations in Papua.
The Jakarta Post (April 6) noted that Papuan Muslim leaders are pursuing dialog with the Papua GKI synod, the Jayapura diocese, the Baptist synod, the World Church Council, tribal leaders, cultural observers and state and security officials. Plans were to change the name of the Congress during the session from Papua Muslim Solidarity to Papua Muslim Council. The Council will have as its principal aim, improving relations with traditional Papuan Muslim communities, as well as the promotion of human rights, education, health and improvements in the community’s economy.
Papuan Muslims and Muslims who have settled in West Papua from other parts of Indonesia comprise over 340,000. This compares with over 1,150,000 Protestants, almost 410,000 Roman Catholics and Hindus, and Buddhists numbering less than 6,000. There are an unknown number of Papuans who practice traditional beliefs. The Muslim minority in West Papua tend to reside in coastal communities notably in the West and South with many communities in the disputed new province of West Irian Jaya.
Efforts by both Christian and Muslim clergy leaders in West Papua have been successful in precluding serious communal tension although the continued marginalization of native Papuans as a consequence of the arrival of more immigrants and Jakarta policies which favor non-Papuans generate chronic communal tension.
West Papua Report
April 2007
This is the 35th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.Summary
- Military operations and extended deployment in West Papua’s central highlands continue to disrupt civilian life with over 3,000 internally displaced persons facing severe hardship due to inadequate food, shelter and access to medical services. Security force restrictions on movement in the area of operations have impeded the flow of humanitarian relief and monitoring of the IDPs.
- The Papua People’s Council (MRP) has given the green light for the formation of a local Papuan party that would be able to run for local, provincial and national officeindependent of the control of Jakarta-based national parties. The arrangement would be similar to that won by the people of Aceh in their 2005 internationally-brokered agreement with the Indonesian central government.
- The U.S. State Department’s annual human rights report for Indonesia fails to establish the context for human rights abuse in West Papua, largely ignoring the human rights abuse from four decades of operations of the U.S.-owned Freeport-McMoran copper and gold mine, and the ongoing marginalization of Papuans as a consequence of Indonesian government-spurred migration of privileged settlers into Papua. The report also fails to note the continued detention of Papuan political prisoners.
- Local elections in West Papua appear to have gone awry in the Sorong area with many polling stations closed and violence reported.
- Popular sentiment against the Freeport-McMoran mining operation continued in March with Papuan demonstrations against employment discrimination and legislature-backedcalls for a renegotiation of Freeport’s Contract of Work with the central government.
Update on Puncak Jaya Crisis
Reliable current information about the plight of Papuans who were displaced by the December 2006 and January 2007 military operations in the Mulia – Yamo area of the Punjak Jaya in West Papua indicates the following:
Several thousand IDPs from Yamo subdistrict village remain in life-threatening circumstances. The IDPs have not returned to their homes because of fears for their security posed by both security forces and the armed opposition.
Their urgent need for food and medicine continues to be insufficiently addressed. The population suffers from malaria, yellow fever and other related diseases as well as a lack of food and adequate shelter Malnutrition is exacerbating the spread and severity of disease. Health problems are extensive and deaths among the IDPs arising from their conditions of living continue to mount. Local officials deny that there are outstanding unaddressed needs. Those seeking to monitor the plight of the IDPs or provide assistance continue to face threats and intimidation.
Possible Breakthrough For Papuan Political Rights
For the first time Papuans may be able to field their own candidates for local and national office without vetting them through Jakarta-controlled national party offices. The Cultural Institute of the Papua People’s Council (MRP) has given its support for the formation of Papua’s first local political party, the Papua People’s Awakening Party (PKRP). While there are already indigenous Papuans in the national parliament, as well as provincial and district legislative councils for the 2004-2009 session, their numbers are very small.
MRP Vice Chair Hanna said that the opportunity for Papuans to select Papuan candidates represented a major advance for Papuan political rights. She noted: “So far, there are various groups or people in legislatures who claim to represent the indigenous Papua community but they in reality are unable to voice the aspirations of indigenous Papuans or are just motivated by personal interests so that indigenous Papuans’ political rights remain neglected.”
While the MRP support for the new party was key to its formation, it is still necessary that the provincial administration issue a special regulation on the political rights of indigenous Papuans so that the PKRP and possibly other local political parties would have a clear, detailed legal standing.
State Department Human Rights Report Inadequately Reflects Context of Human Rights Abuse In West Papua
The U.S. State Department’s annual report on human rights observance in Indonesia offered relatively comprehensive coverage of the human rights environment in Indonesia but, relative to its report in 2006, was less candid in its summary descriptions of specific abuses, and unaccountability, particularly with regard to the performance of the Indonesian military (TNI) and police.
The report acknowledged that the military and police remain largely unaccountable for their human rights abuse and other crimes, although the wording appeared to suggest that impunity was more a historical rather than a current concern. The report contended: “The government, in the past, rarely investigated such killings and largely failed to hold soldiers and police accountable for killings and other serious human rights abuses that occurred in past years.”
The report itemizes most of the specific instances of human rights abuses in 2006 but fails to address the context in which these abuses occur. Specifically, there is no acknowledgment that President Susilo Bambang Yudhoyono failed to follow-through on his National Day (August 2006) pledge to give full attention to the problems in West Papua. As in the past, there is no mention of the impact on Papuan human rights, health and the Papuan environment of the massive U.S.-owned Freeport McMoran copper-and gold mine in West Papua. The mine’s damage to the welfare of Papuans prompted major demonstrations in March 2006 which led to violent student-security force confrontations. The issues prompting the demonstrations are not acknowledged or described in the State Department report.
The State Department report also fails to note fully the consequences of the Indonesian government’s failure to implement the 2001 “Law on Special Autonomy for Papua.” This law not only has not been implemented, worse still, specific provisions of the law governing the formation of separate provinces in West Papua have been violated. Mandatory consultations with Papuan institutions pursuant to the carving up of West Papua to form new provinces never took place.
Furthermore, the report ignores the ongoing military buildup in West Papua which runs counter to a broad Papuan campaign to demilitarize the area, and which also proceeds independent of any security justification.
It similarly gives inadequate attention to a fundamental Papuan complaint that the government-engineered “transmigration” has left Papuans severely marginalized in the land they have occupied for thousands of years. The report fails to note that the government has yet to provide compensation for Papuans who were forced off their lands to make way for the new settlers. It also fails to acknowledge that while the Indonesian government claims that the movement of non-Papuans into West Papua is no longer government-sponsored, in fact, government assistance to new “migrants” continues to disadvantage Papuans. The rare outsider who is able to visit West Papua invariably encounters migrants operating government-built market stalls while Papuans are left to sell their wares on blankets spread near the margins of these central markets. Government services are provided largely in urban areas where migrants tend to settle, but are scant or entirely absent in more rural areas where Papuans predominate.
In addition, the feport fails to address the continued detention of 18 Papuans whom Human Rights Watch [HRW] and Amnesty International have identified as “political prisoners.” The detention, which the HRW observed in a February 21, 2007 alert [http://www.hrw.org/reports/2007/papua0207/], violated international law, documented how the Indonesian government continues to employ criminal law to punish peaceful protest and non-violent activities such as the raising of the morning star flag which is specifically provided for in the 2001 law on Special Autonomy. The HRW report also contended that in prosecuting cases of lawful protest the Indonesian government is using the courts “as a tool of political repression”.
Unexplained “Security Problems” and Confusion Impede District Voting in West Papua
The Jakarta Post reported on March 23 that the March 22 regency elections in Punjak Jaya’s Fawi District in West Papua were marred by unexplained “security problems” that prevented at least 27 of 181 polling places from opening. Violent incidents among voters were also reported. In Sorong regency some voters protested after discovering they were not registered to vote.
Parts of Puncak Jaya have been in chaos following military sweep operations in December 2006 and January 2007 that forced thousands of civilians from their homes. March reports available to the West Papua Advocacy Team indicate the military buildup in the region continues and civilians forced from their villages are in increasingly dire straits due to inadequate food provisions and medical care (see lead article above).
Unrest in Freeport Mine Area Over Employment Discrimination
A Jakarta Post report on March 21 noted that hundreds of Papuans from the Amungme and Kamoro tribes, the largest in the Timika area, staged a rally in front of the Memangkawai Mining Institute office in Timika, the Mimika regency capital, on March 21 to demand that they be given priority for employment in local projects. At least 400 Aumngme and Kamoro jobseekers traveled for the protest from the Mimika capital of Timika to the job-training institutes’s office, which acts as a recruitment agency for U.S. copper-gold mining company, Freeport-McMoRan. The demonstrators cited West Papua’s 2001 Special Autonomy law which requires that indigenous people be given priority in recruitment.
Leaders of the demonstration said that Freeport-McMoRan have never paid attention to the indigenous people, thereby contributing to unemployment in the region. Another leader of the demonstrator’s solidarity group questioned the achievements of the Mimika Manpower and Resettlement Office, which, he said, has disregarded the needs of the Papuan indigenous people. He added, “we want to be involved in development in Mimika regency rather than simply being made development objects.”
Nothwithstanding pledges to hire locals, Freeport-McMoRan for decades has encouraged the in-migration of non-Papuans to its mine operations leading to the growth of a very large population of non-Papuan, single males in the Timika area. Indonesian security forces have overseen the development of a lucrative, illegal prostitution industry in the Timika area to cater to these “geographic bachelors.” That industry in turn has become a principal vector for HIV-AIDS which has seen an explosive spread in West Papua in recent years.
Papuan Government Representatives Demand Revisions in Freeport Contract
The Papuan daily, the Cendrawasiih Post, reported on March 28 that the Papuan Legislative Assembly (DPRP) has joined the Papuan People’s Council (MRP) in calling for the revision of the Contract of Work between the Indonesian government and the U.S.-owned Freeport McMoRan copper and gold mine with a view toward making its terms more beneficial to the Papuan people. They also underscored that given the internationally-recognized human rights concerns posed by Freeport operations, and the damage done to the environment by those operations, the Freeport matter transcends national concerns and rightfully warrants international concern.
The Cendrawasih Post article reported that at a meeting between Pansus Freeport DPRP (Special Committee on Freeport of the DPRP) with experts last December it was agreed that the provincial government should establish a team composed of people from the provincial government, the DPRP and the MRP. Pansus Freeport member Waynang Watori, who described this agreement, elaborated that by setting up a joint team, it would help mobilize forces to press the central government to pursue the revision of the contract. Watori added in April the DPRP Freeport Pansus team contacted U.S. lawyers to seek advice on how to proceed towards the contract’s revision.
West Papua Report
March 2007
This is the 34th in a series of monthly reports that focuses on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
SUMMARY
- Indonesian police and military units reportedly fired at each other near Mulia, resulting in the death of one police officer.
- The humanitarian crisis affecting thousands of Papuan civilians in West Papua’s central highlands continues with new reports describing deaths resulting from spreading disease, inadequate food and shelter. Indonesian security authorities continue to deny there is any humanitarian need in the area affected by the military operations.
- A Human Rights Watch report has called for an end to repression of peaceful political dissent in West Papua. A report by the press freedom NGO “Reporters Without Borders” has also called for an end to restrictions on the travel of journalists to West Papua. It denounced security force assaults targeting local journalists in West Papua.
- A Parliamentary Commission, a number of Indonesian academics, and the outgoing U.S. Ambassador to Indonesia, among others have called on the central government to address continued failure to implement “Special Autonomy,” first promised to Papuans in 2001.
- Meanwhile, the governor of West Papua and the provincial parliamentary leader have noted that extremely high poverty levels among Papuans are fueling separatist calls.Indonesian President Yudhoyono has candidly acknowledged the existence of urgent problems in West Papua.
- An Australian businessman is funding a campaign to urge the Indonesian government to grant political rights to Papuans.
Police and Military Exchange Fire in West Papua
The Associated Press reported that Indonesian police and military personnel fired on each other on February 13. The incident, which transpired in West Papua, left one police officer dead. The incident took place near Mulia, close to where the killing of two soldiers December 8, 2006 led to extensive military operations that have displaced thousands of Papuan civilians. Clashes between the ill-disciplined police and military occur regularly throughout the Indonesian archipelago, often over competition between illegal businesses operated by the two security forces including drug running, prostitution and people trafficking.
This incident raises doubts about military claims that the two soldiers killed in the December 8 incident were shot by the armed Papuan resistance. Weapons used in that incident, M-16′s, are much more commonly found in police arsenals than the poorly equipped Papuan resistance.
Humanitarian Crisis Deepens in the Papuan Central Highlands
The World Evangelical Alliance Religious Liberty Commission (WEARLC) is the source of a special update regarding the ongoing crisis affecting thousands of Papuans driven from their home by Indonesian military operations in the central highland Puncak Jaya District in West Papua.
According to the reporting by Elizabeth Kendal, carried in the Australian News Service (ANS), “an estimated 5000 Papuan villagers have been forced to flee their homes, gardens and livestock” since the military offensive began in December 2006. The report continues: “The military (TNI) has since occupied some 20 vacated villages. It is the wet season and the displaced, terrorized Papuan families are walking over mountainous terrain and through jungles without food, shelter or medical care. Some are reported to have died. There is great concern another TNI-engineered humanitarian crisis is unfolding in the highlands of Papua.”
The report also notes as background that the incident that triggered the latest TNI offensive in Puncak Jaya is “highly suspicious.” On December 8, 2006 two Indonesian soldiers were killed after a banned Papuan Morning Star flag was raised on Kumipaga Hill in Puncak Jaya. The ANS-carried report notes that “exactly what transpired is not clear, but there are several signs pointing to manipulation.” It adds that “many experienced observers consider that the flag may have been set up by the TNI itself” in order to create a provocation.
Expanding on this perspective, the report continues, “for at least a decade the TNI has been known to create fake OPM forces. The OPM is the poorly armed Papuan resistance movement. TNI soldiers entice illiterate, uneducated village men to be proud ‘OPM’ warriors. They arm these fake OPM and send them off to commit crimes and provocation that then give grounds for the military to retaliate against the ‘separatist and terrorist threat’. The flag raised on Kumipaga Hill was not a small hand-made one but a full-sized flag, and the soldiers who interrupted the event were not speared but shot with a TNI-issue M16 semi-automatic rifle. The TNI, the mobile brigade police and intelligence operatives were deployed to Puncak Jaya on December 24, 2006.”
The Institute for Human Rights Research and Advocacy (ELSHAM), West Papua’s leading human rights NGO, reports that the displaced Papuans have been forced to build shelters using foliage and wood, somewhere near the Yomu river, an area two days’ walk from the nearest town, difficult to reach, and infested with mosquitoes carrying malaria and dengue fever. The displaced Papuans, fearing the Indonesian military now occupying the area, reportedly have cut most of the rope bridges that link the area to the outside world. The ELSHAM report claims that deaths among the displaced villagers from hunger and disease have already begun. The plight of the displaced civilians has been confirmed by local religious leaders, but denied by the security forces, who publicly describe the reports as “lies.”
Human Rights Watch Documents Plight of Papuan Political Prisoners
A 42-page February 21 report by Human Rights Watch called on the government of Indonesia to release 18 Papuans imprisoned for what the prominent NGO described as “peaceful acts of freedom of expression and opinion.” The report (available in full at http://www.hrw.org/reports/2007/papua0207/) noted that the detention violates international law and Indonesia’s international legal obligations.
The report, entitled “Protest and Punishment: Political Prisoners in Papua,” details the Indonesian government’s use of criminal law to punish individuals who peacefully advocate for independence for West Papua. All of the 18 imprisoned Papuans have been convicted for “treason” or “spreading hatred against the government.” The report emphasizes that the Papuan prisoners were engaged in nonviolent activities such as flag-raising, or attendance at peaceful meetings on self-determination options for Papua.
“Indonesia claims to have become a democracy, but democracies don’t put people in prison for peaceful expression,” said Brad Adams, Asia director at Human Rights Watch. “Real freedom of expression, assembly and association are still in short supply for political activists in Papua.”
The report cites several examples of persecution of Papuans. In June 2000, Linus Hiluka was charged with treason against the state and spreading hatred for his association with an independence organization, the Baliem Papua Panel, which is accused of being a separatist organization trying to destroy Indonesia’s territorial integrity and commit crimes against the security of the state. At no point was Hiluka accused of any violent or criminal activity. But he was convicted and sentenced to 20 years in prison.
On May 26, 2005, Filep Karma and Yusak Pakage were found guilty of rebellion and spreading hatred against the government for the organization of peaceful celebrations on December 1, 2004 to mark Papua’s national day. For these acts, they were sentenced to 15 years and 10 years imprisonment, respectively.
Human Rights Watch also pointed out that severe government-imposed restrictions on access to Papua by foreign human rights monitors, researchers, U.N. personnel and journalists mean that it is difficult to identify all such cases or to ascertain the full extent of the human rights situation in Papua.
“Until Papua is opened fully to scrutiny there will be doubt and confusion about the extent of abuse there,” said Adams. “As we saw in Aceh, closed conditions create breeding grounds for unchecked abuse. If the government has nothing to hide, it should open Papua to the outside world.”
The report also notes that Indonesian courts in Papua have played a negative role in decisions regarding cases of treason or spreading hatred. In almost every single case documented in the report, the courts handed down sentences harsher than those sought by the prosecution, notwithstanding that the “offenses” of the defendants were acts of legitimate peaceful political expression.
“The judiciary isn’t acting independently and isn’t throwing out cases that are clearly political in nature,” said Adams. “Instead of upholding individual rights, the courts are being used as a tool in political repression.”
Human Rights Watch called on the Indonesian government to immediately release all political prisoners in Papua and to drop any outstanding charges against individuals awaiting trial. Human Rights Watch also urged the government to repeal the vague and broad laws criminalizing the spreading of “hatred” and treason to ensure that no further prosecutions can take place in violation of international law. For many years, Human Rights Watch has called for the amendment of the Indonesian Criminal Code to conform with international law in order to protect basic freedoms of expression, assembly and association.
In 2006, Indonesia secured membership in both the United Nations Human Rights Council and the UN Security Council. It also acceded to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These are signs that Indonesia wants to be accepted as a rights-respecting member of the international community.
“The repression detailed in this report shows Indonesia still has a long way to go in guaranteeing real protections for basic human rights,” said Adams. “There is a clear gap between Indonesia’s international commitments and rhetoric and the reality on the ground.”
Reporters Sans Frontieres Criticizes Restrictions on Reporting in West Papua
A February 1, 2007 report by the international press freedom advocacy NGO Reporters Sans Frontieres (Reporters Without Borders) was sharply critical of the Indonesian government’s restrictions on press freedom. In addition to condemning a broad new anti-terror law which gives security forces broad powers, it also addressed longstanding barriers to monitoring and reporting on developments in West Papua.
It said in part: “The authorities have refused to lift a ban on the foreign press from working in Papua, scene of a crackdown on an independence movement. An Australian TV crew was expelled form the island and a score of Indonesian journalists have been assaulted by police in the province.”
Senior Papuan Leaders Predict Growing Papuan Separatist Sentiment
The two most senior Papuan elected officials told an Indonesian Parliamentary (DPD) Panel on February 9 that the separatist movement in West Papua is likely to grow because of the extreme poverty afflicting Papuans. Papuan Governor Barnebus Suebu and Council (DPRD) Chairman John Ibo pointed to poverty levels of over 83 percent as they warned the Regional Representatives Council (DPD)’s Papua Committee of the implications of these figures in the February 9 public session.
Governor Suebu described as “ironic” the fact that Papuans live in such abject poverty in the midst of tremendous natural wealth – much of which is exploited by foreign firms. The chairman of the Council’s Committee III, Marhaby Pua, was openly critical of the central government, commenting that “an overall improvement is urgently needed in Papua.” he added that it was “very important to accelerate development there to make it a secure, peaceful and prosperous province.”
Failure of Special Autonomy for West Papua
A forum of intellectuals and representatives of the Papuan community recently was strongly critical of the 2001 “Special Autonomy” law that was to have given substantial autonomy to the Papuan people. A February 23 report carried in the Jakarta Post covered the public forum extensively.
A member of the Jakarta Community for Papua (Pokja), Frans Maniagasi, observed that the implementation of special autonomy law was a “mess” since the supporting legal components were yet to be issued.
A researcher from the Center for Political Studies at the Indonesian Institute of Sciences (LIPI), Muridan S. Widjojo, said there was nothing wrong with the special autonomy law but that President Susilo Bambang Yudhoyono, like his predecessors, has not acted to implement the law. “It’s not the law but the implementation of the law. A lot of the funding actually went to activities that would not increase the welfare of the people,” he said.
Legislator Simon P. Morin, a Papuan from the Golkar Party faction in the House of Representatives, said that special autonomy needed a special instrument for its execution. “These instruments should be established by the central government to empower special autonomy,” Simon said. He added that the Papuan people’s welfare and education have not measurably improved since the special autonomy law was enacted. “People’s empowerment is important. Without empowerment and enforcement from the central government to local offices, the special autonomy law will not be effective,” he added.
Another DPD member, Muridan, added that most of the funding went to local administration offices and the bureaucracy. “Where is the funding to improve health clinics and schools or to send teachers to remote areas? There is just no data to prove that substantial allocation has happened,” he said.
Indonesian President Acknowledges Inadequate Development in West Papua
According to a Reuters report, President Susilo Bambang Yuhoyono at a February 16 press conference, acknowledged that government-sponsored development efforts in West Papua are inadequate. He also admitted that “Special Autonomy” has been poorly implemented and the improvements in prosperity levels were slow. The president promised to issue a “presidential decree” to accelerate development with funds to flow from both West Papua and the central government. He said that transport infrastructure would be given priority but added that significant results were likely only in “three to five years.”
U.S. Ambassador to Indonesia Calls for Action on West Papua
The Jakarta Post, February 17, reported that outgoing U.S. Ambassador to Indonesia B. Lynn Pascoe publicly called on Indonesia to respond to the international demands for a resolution to the Munir case and Papua’s problems.
Pascoe, who is about to become the UN’s political chief, told a farewell press briefing in Jakarta that “The issue is really what you are doing today to resolve these problems.”
The Jakarta Post report noted that the assumption of Democratic Party control in the U.S. Congress as a result of the November 2006 elections empowered leaders in both the House and Senate who wanted to see Papuans given the right of self-determination.
The Jakarta Post noted in particular that new chairman of the Foreign Affairs Subcommittee on Asia, the Pacific, and the Global Environment, Representative Eni Faleomavaega, recently said that “If you want to talk about fairness, give the people of West Papua the right of self-determination.”
Pascoe said that the U.S. Congress often looked at issues across the world, and commented on those it thought were not moving or being fixed fast enough. “Of course, the foreign policy is made by the president but it doesn’t mean that Congress can’t push. They hold money, and they can do serious things on our divided government. So, I think that the question here really is response,” he said
Australian Businessman to Fund TV Southeast Asia-Wide Campaign Backing Rights for Papuans
Radio Australia Asia/Pacific on February 16 broadcast an interview with an Australian businessman who is funding television advertisements that will appear throughout Southeast urging Jakarta to let human rights monitors into West Papua. Interviewed by Papuan human rights activist Clemens Runawery, the Australian businessman, Ian Melrose, said that the ads would call on the Australian government to amend a security treaty signed late in 2006 by the governments of Australia and Indonesia so that it would include a human rights clause specifically addressing human rights abuse in West Papua. The treaty has yet to be ratified by the Australian parliament.
The ad campaign was announced at a press conference in Parliament House in Canberra that was hosted by four Members of Parliament who were from four different political parties. Melrose noted in particular that human rights monitoring in West Papua as well as journalist access to the region were severely restricted by the Indonesian government. He assessed that with more effective monitoring and journalist access “the Indonesian military won’t want to be caught out doing the things that it does so well.”
Runawery described a “slow process of genocide” as a consequence of decades of government-sponsored transmigration of non-Papuans to West Papua. He described the in-migration, whether as a result of “transmigration policies” or what is purported to be “spontaneous migration” as being “devastating” to Papuan culture and dignity.
Australian Ads on Papua, Timor
West Papua Report
February 2007
This is the 33rd in a series of monthly reports that focuses on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
SUMMARY
- Military operations in the Punjak Jaya region of West Papua have reportedly forced thousands of Papuan civilians to flee to the surrounding forests and mountainswhere there is little or no food, shelter or medical help. Civilian deaths have already been reported. Local human rights organizations have appealed to the European Union and UN Human Rights Organizations to press Jakarta to halt these operations and to send observer missions. The West Papua Advocacy Team has made similar appeals to the U.S. State Department and National Security Council, but have so far gone unanswered.
- Security officials, in league with a Chinese fishing firm, have tortured 14 Papuan fisherman who sought to protect their traditional fishing areas. One fisherman was reportedly killed.
- A major Indonesian naval operation off West Papua’s southern coast which has frightened villagers along the coast, according to Indonesian Naval officials, is intended as a warning against foreign intervention in West Papua and to the local, lightly armed pro-independence resistance.
- Police have sided with Indonesian Church officials in a dispute pitting Papuan Church officials seeking to establish a Papuan Synod for the Kingmi church, second largest Christian congregation in West Papua, against the Jakarta-based Indonesian Synod.
- Meanwhile, the central government has announced that vast tracks of old growth forest in West Papua and elsewhere will be put up for open tender for logging permits in February.
Military Operations in West Papua’s Highlands Displace Thousands of Civilians
An Indonesian military campaign targeting the Goliat Tabuni faction of the Papuan armed resistance in the remote Punjak Jaya region in central West Papua has displaced thousands of Papuan civilians who have fled to the nearby forests and mountains. Others have fled to neighboring villages where very crowded conditions have led to increased incidence of diarrhea, hepatitis and malaria. A reliable church source reports that over 200 children are ill. According to multiple sources on the ground, these internally displaced persons are now cut off from their gardens as well as inter- and intra-village commerce as well as access to adequate shelter or medical care. These local sources report deaths among these civilians including a mother and her two children who drowned trying to flee across a stream on January 4. Brimob (Police Mobile Brigade) forces killed a 71-year-old man on January 4 and four persons were reported to have died due to inadequate food, shelter and medicine on Jan 17.
The most affected people are from the Lani tribal group. After the military destroyed the local district office, an elementary school and a polyclinic in Yamo, between 3,000 and 5,000 people fled in the direction of Wano and then on to Guyage. Local officials have tried to arrange a ceasefire between the Indonesian security forces and the armed Papuan resistance but without success. Church leaders who have raised the humanitarian crisis with government officials in Jayapura, the provincial capital, have found them unresponsive. Local government medical officials have refused to provide medical assistance to Lani medical workers alleging that the aid might wind up with the resistance.
As reported in the previous month’s West Papua Report, the grave human consequences of past Indonesian military operations in the West Papuan highlands gave rise to urgent concerns about the plight of civilians trapped by the latest offensive. Beginning in the fall of 2004 and extending into early 2006, Indonesian military operations destroyed villages and forced flight of thousands of civilians into the jungles to escape marauding Indonesian soldiers who burned churches and leveled houses. The military’s refusal to permit access to this besieged population, even for provision of humanitarian relief by local church leaders and aid workers gravely exacerbated the crisis. Following the same disastrous policy, local sources contend that the military has once again placed tight restrictions on civilian travel in the affected region.
Restrictions on access also apply to local and foreign journalists, human rights monitors or humanitarian assistance providers. These restrictions afford the security forces carte blanche powers to violate fundamental human rights norms and even Indonesian law.
Local sources have identified specific units involved in the current operations. Observers note that these are among the most brutal and unaccountable of Indonesian security forces including TNI Battalion 753 from Nabire, Kopassus (notorious special forces troops), Brimob and intelligence units.
Local Papuan civil society leaders have appealed to the European Union and the United Nations Human Rights Commission to press Jakarta to halt the operations and to send observer missions. The West Papua Advocacy Team’s appeals to the U.S. Department of State, National Security Council and the U.S. Embassy in Indonesia as of the date of publication have gone unanswered. Various offices in the U.S. Congress have been apprised of the growing humanitarian crisis.
Security Personnel Torture 14 Papuans, One Killed
A January 26 Agence France Press (AFP) item reports that Indonesian security forces, working for a Chinese fishing company, detained and tortured 14 Papuans trying to protect their traditional fishing area.
The report cites the Institute for Papuan Advocacy and Human Rights, noting that 14 fisherman from the Yawasir tribe were beaten and tortured when they asserted their customary fishing rights by removing fishing nets belonging to fish-processing firm PT Minatama Mutiara. One of the victims, Titus Yun, reportedly died. The incident occurred on December 21, 2006 near the southern end of the border with Papua New Guinea.
An Indonesian employee of the Chinese-owned company and three local men acting as police deputies detained and abused the 14 from the Mariana Strait, it said, citing church sources in the coastal town of Merauke.
Sources at the Institute told AFP: “The abuses appear to be a retaliation by the Indonesian military and the fish processing company PT Minatama Mutiara,” adding that the attackers tried to make the incident look like a tribal clash. In fact, the Institute spokesperson noted, “The Yawasir people were making efforts to protect their marine resources from impacts of the commercial fishing companies.”
Major Indonesian Naval Exercise Frightens Papuan Villagers
Sources in West Papua claim that Indonesian naval exercise off the shore of West Papua have disrupted the lives of Papuans living in coastal areas near the exercise.
In the early morning of January 7, Papuans in Kaimana, a small town on West Papua’s southern coast, were awakened by deafening explosions from amphibious tanks and warships conducting unannounced operations. The operations, which lasted until January 23, frightened and disrupted the lives of nearby residents.
Reporting by TEMPO interaktif indicated that the exercise was carried out by Armada Jaya Fleet XXVI whose base is in Surabaya, East Java. The navy allegedly deployed 7,500 personnel and the full range of the Indonesian navy’s war machine including submarines, aircraft warships, and the latest weaponry, including testing of the RM-Grat, their newest missile.
According to TEMPO, the exercise simulated an operation aimed at relieving West Papua from foreign occupation. The landing point chosen “to liberate West Papua” was Kaimana, situated near the major town of Timika. According to comments of Indonesian Naval Chief of staff Admiral Slamet Soebijanto, the exercise was intended in part as a message to the Papuan armed resistance and to the international community that the Indonesian navy was prepared to protect the territory of the “Unitary State of the Republic of Indonesia (NKRI).” Its principal impact appears to have been the intimidation of local Papuan civilians living near the operation.
Jakarta Plans Further Destruction of Papuan Rainforests
In late January, Agence France Press reported international protests against plans by the Indonesian central government to auction permits to log old growth forests in West Papua and elsewhere in the archipelago. The report noted that in early February old growth forest in West Papua and other locations would be offered up for biding. The other sites, notably in Maluku and Kalimantan, like West Papua, constitute areas where local non-Javanese indigenous peoples have long protested the destructive exploitation of their lands.
Greenpeace led the international protest, noting that more than one million hectares of forest lands were affected. “Instead of taking drastic measures to reverse the destruction of our remaining forests, the forest ministry is hell-bent on issuing new permits to the highest bidders,” Greenpeace Southeast Asia campaigner Hapsoro said in a statement.
AFP noted that Indonesia loses about 2.8 million hectares (6.0 million acres) of forests each year, one of the highest rates of deforestation in the world. West Papua has some of the last areas rainforests in Indonesia, which are home to a rich variety of plant and animal life. New species are discovered in West Papua regularly.
Police Take Sides in Papuan Church Dispute
Local sources have told the West Papua Advocacy Team that Papuan church leaders seeking to set up a church synod separate from the central Indonesian synod (CAMA) face growing pressure from their police-backed opponents. The independent Papuan synod of the KINGMI church in Jayapura has been forced by police to abandon some church properties, forcing the church to conduct Sunday services in a gymnasium. Police have also forced Papuans out of their church in nearby Sentani.
In Jakarta, Papuans peacefully occupied the offices of the Indonesia Synod to demand that the Jakarta synod stop alleging that the Papuan synod supports the Papuan armed resistance.
West Papua Report
January 2007
This is the 32nd in a series of monthly reports that focuses on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- Multiple reports indicate a new offensive in West Papua’s highland district of Punjak Jaya may be underway. A similar campaign in the same area in 2004-2006 displaced thousands of civilians, left villages destroyed and led to the death of scores of civilians.
- Jakarta authorities seized the central office of the second largest church in West Papua, injuring two pastors. The assault in late December appears to have been signaled by senior Indonesian defense officials who, in 2006, alleged without evidence that church leaders were linked to the small pro-independence movement in West Papua. Church leaders have refuted the charge.
- Pressure continues to build on the massive Freeport-McMoran mine operation in West Papua as major shareholders press for an environmental and human rights accounting of its practices.
- In its commentary, the Report considers whether the Aceh-Jakarta peace agreement, which led to successful, democratic elections in Aceh in December, could serve as a model to address long-standing Papuan grievances.
FEARS GROW OF NEW MILITARY CAMPAIGN IN WEST PAPUA
Increasing tension near the town of Mulia in the Punjak Jaya region of West Papua has raised alarm among human rights activists that a new military campaign by the Indonesian military, intelligence operatives and police may be in preparation.
Earlier in December, the Indonesian military reported that two Indonesian military personal were killed while searching for an armed resistance, pro-Papuan independence element. The armed element briefly took over the town of Mulia on December 24 but then withdrew when it appeared that the Indonesian military would attack the town.
Human rights sources have reported that the Indonesian military commander for the Nabire region was in Mulia in late December. These sources also reported the arrival of new military and police forces in the region, including TNI Battalion 753 from Nabire, Kopassus (the notorious special forces troops), Brimob (Police Mobile Brigade) and intelligence units. Human rights defenders in West Papua also reported that the military build-up has generated tensions in the region. Sources in West Papua and the region informed the West Papua Advocacy Team that as Indonesian elements began mobilizing into Mulia, taking over offices of the local civil authorities, Papuan civilians began to flee into the jungle.
The purported resistance action was unexpected inasmuch as the OPM (Free Papua Movement), the broad umbrella organization that has resisted Indonesian control for decades, has observed a truce in support of political efforts by Papuan civic leaders to end military repression and attain self-determination. Some Papuan accounts indicate collusion between the Indonesian military and the local armed resistance group in Mulia suggesting possible Indonesian military involvement in staging provocations that would provide a rationale for military operations in the area.
Paula Makabory, speaking on behalf of ELSHAM, the most prominent Papuan human rights organization, described the present situation as “very tense and dangerous”. In a December 28 statement she said: “I am very concerned that the traditional warriors who are armed with a few rifles and their traditional weapons, which are bows and arrows and spears, will be in conflict with the Indonesian army which is armed with modern weapons. This conflict will cause major casualties among the local traditional warriors and members of the local community. The situation is very tense and dangerous.”
Historically, the Indonesian military has exploited incidents such as the reported killing of military personnel as justification for broad military operations encompassing “sweep” operations carried out in broad swarths of territory. These campaigns, which have included extrajudicial killings, torture, the burning of churches and whole villages, as well as the destruction of livestock and gardens, have driven civilians into the jungles where they have no access to food or shelter. In a 2004-2006 military campaign also in the Punjak Jaya district, thousands of Papuans were displaced and scores died. In the period 1996-98, the infamous “Mapenduma campaign” caused even greater suffering among Papuan civilians.
During such military campaigns, already tight restrictions on access to West Papua by journalists, human rights monitors or humanitarian assistance providers, are typically made even more severe. Such restrictions afford the security forces carte blanche to violate fundamental human rights norms and even Indonesian law.
NEW INDONESIAN GOVERNMENT PRESSURE ON PAPUAN CHRISTIANS
On December 29, Indonesian authorities occupied a church property in West Papua’s capital Jayapura and assaulted two Christian pastors, Rev. Seblum Karubya and Rev. Noakh Nawipa. The police action followed a public accusation by the Indonesian minister of defense earlier in 2006 that the Christian church in West Papua, along with international non-government organizations, were promoting independence in West Papua, associating it with the small pro-independence “Free Papua Movement,” the OPM. The statement by the senior Indonesian official was viewed by observers as signaling the official “green light” for a campaign of pressure against the leading Papuan Christian congregation.
The police withdrew from the office following two days of peaceful demonstrations by 400 Papuans outside the office but have since alleged that the church is the “religious arm of the West Papuan National Liberation Army.”
From 1962 to 1983 the Kingmi Church (established by American missionaries from the Christian and Missionary Alliance) operated independently in West Papua. In 1983, the Church joined the Gereja Kemah Injil Indonesia (The Tabernacle Bible Church of Indonesia). That step was taken in order to ensure that Indonesian authorities would issue visas for foreign missionaries applying to live in West Papua
Prominent pastor and author Rev. Benny Giay has refuted charges that the Church has aligned itself with the pro-independence fighters in West Papua and has explained the church’s disaffiliation from the Jakarta central church as a practical step: “When foreign missionaries stopped coming to West Papua we decided that there was no reason to remain under the control of Jakarta. In our congress this year we withdrew our membership from the Gereja Kemah Injil Indonesia and reinstated the Kingmi Church’s former status as an independent Synod in West Papua. Jakarta opposes this and accuses us of being separatists” says Pastor Giay. He has specifically rejected police claims that the Church, which has engaged in peaceful efforts to protect human rights in West Papua, has ties to armed elements in West Papua.
Jason MacLeod from the Institute of Papuan Advocacy and Human Rights (IPAHR) says that the accusation by Jakarta is ominous. “The label ‘OPM’ is used by the police to silence debate and stigmatize West Papuans on the basis of ethnicity in order to justify repressive security operations. Church leaders in West Papua who speak out for peace and justice are regularly subject to surveillance and intimidation by the security forces.”
Pastor Giay, author of numerous books about politics and religious movements in West Papua, holds a PhD from Leiden University in the Netherlands and is well known internationally for his human rights advocacy. He is calling on his international networks to encourage Jakarta to support the right of the Kingmi Church to run their own affairs free of government interference and intimidation.
FREEPORT UNDER RENEWED PRESSURE TO COME CLEAN
Reuters reported in early December that New York City Comptroller William Thompson, in his capacity as overseer of New York City’s pension funds, has called for a review of Freeport-McMoRan Copper & Gold Inc.’s environmental policies and practices in Indonesia. Freeport operates the largest copper and gold mine in the world. It was opened 40 years ago in West Papua, preceding Indonesia’s formal annexation of West Papua in 1969 but was nonetheless opened and operated under Indonesian auspices.
The comptroller cited reports that Freeport-McMoRan dumps nearly 230,000 tons of waste, including toxic metals, into Indonesia’s river system daily. In addition to long-standing claims by reputable environmental organizations regarding the mine’s devastating impact on the local environment, Indonesia’s Minister of the Environment in March 2006 accused Freeport of violating water quality regulations. In that same month, a landslide associated with mining in Grasberg killed three people and injured dozens more.
“Freeport McMoRan’s poor environmental record needs to be examined,” Thompson said in a statement. “The least the company can do is ensure that it is not causing environmental damage to the rivers and in any way harming the people of Indonesia.”
The New York City pension fund holds 544,458 Freeport shares worth about $33.6 million. The Pension fund is pressing Freeport to review its environmental practices in Indonesia and will reportedly raise the issue at the 2007 Freeport shareholders meeting. Thompson called for a report to shareholders from that study by next September.
Thompson earlier in 2006 asked the U.S. Justice Department to investigate if Freeport payments to the Indonesian military violated the Foreign Corrupt Practices Act. Thompson also asked the U.S. Securities and Exchange Commission to review Freeport’s 2004 and 2005 proxies to determine whether they made misleading statements about those payments.
Freeport also stands accused by both Indonesian and international human rights organizations of complicity in the Indonesian military’s widely documented human rights abuse targeting Papuans. That complicity includes Freeport reported material support of Indonesian military operations that have led to the burning of villages and forced evacuation of Papuans to remote jungle areas where they have died as a consequence of the unavailability of food and shelter.
COMMENTARY: ACEH PEACE AGREEMENT A MODEL FOR WEST PAPUA?
The transition from war to peace in Aceh and the emergence, through a transparent democratic process, of a genuinely Acehnese leadership inevitably raises speculation that a similar bargain between Jakarta and Jayapura might end or at least reduce the tragedy that has engulfed West Papua since its forceful annexation by Indonesia four decades ago.
The bargain in Aceh entailed a willingness by the armed Acehnese resistance (GAM) to set aside its demands for independence and to surrender its arms. In exchange, Jakarta agreed to remove military forces not organic to Aceh and to allow, for the first time, local political parties to form and contest elections. The victory of a former GAM commander in the December 2006 gubernatorial elections, made possible by the Helsinki agreement, was generally welcomed by the Acehenese. The prospect of further gains by Aceh-based parties in the 2009 parliamentary elections suggests the possibility that Aceh may come to enjoy an “autonomy” designed not in Jakarta but in Aceh itself.
Could such a plan work for West Papua? Clearly there are important differences. Many observers believe that the 2004 tsunami was critical in bringing international attention to Aceh, which in turn, served to nourish and protect the peace process and midwife the successful GAM-Jakarta negotiations. Unfortunately, West Papua remains behind an opaque curtain, first drawn across the land by Indonesia when it took effective control of West Papua in 1963. Behind that curtain, the Indonesian military has committed crimes against humanity with the death of scores of thousands of Papuans, the rape of Papuan natural resources, as well as the repression of political, social, economic, religious and cultural rights.
Moreover, the Papuan armed resistance, the small, ill-armed and loosely-organized Papuan pro-independence force, OPM (Free Papua Movement) does not constitute the military challenge to the Indonesian military that the GAM did. Its capacity to bloody the Indonesian military is limited. Many argue in fact that its existence serves the Indonesian military’s interests insofar as it functions as a justification for the Indonesian military’s presence, thereby enabling the military to conduct broad-ranging legal and illegal businesses, extort legitimate businesses, and obtain promotions and extra “combat” pay.
The OPM generally has observed a self-imposed truce, in support of efforts by Papua’s civil society to secure a demilitarization of West Papua and launch a serious dialogue with Jakarta about West Papua’s future.
In addition, Jakarta’s hapless administration of West Papua has left Papuans with a vastly inadequate infrastructure, abysmal health and education services, and a largely untrained administrative cadre. Any genuinely Papuan chosen administration would face great odds in meeting even basic human needs, even if the long-promised funding under broken promises of autonomy were to begin to flow through uncorrupted channels.
On the other hand, West Papua would clearly benefit from a reduction of the egregious Indonesian military presence Papuans also aspire to meaningful Papuan input on such crucial policy questions as in-migration (regarded as transmigration under another name) and transparent, uncorrupted administration of central government funds. Papuan control over the development of Papuan resources is a basic demand and right long denied the Papuan people.
Any serious, senior-level discussion of such a grand bargain would, as in Aceh, probably require a Papuan abandonment or at least deferment of aspirations for independence. But such a Papuan sacrifice should not be the price for opening such wide-ranging negotiations with Jakarta. Rather, it should be the ultimate Papuan concession in exchange for a comprehensive deal incorporating the full range of Papuans’ other aspirations.
Finally, as in Aceh, any improvement in the plight of Papuans would not be possible without strong, public and insistent international demands for justice for Papuans. International engagement in that process, as in its central role in brokering the Aceh bargain, would also be a sine qua non for any just and meaningful outcome.
West Papua Report
September 2006
This is the 31st in a series of monthly reports that focuses on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
SUMMARY/CONTENTS:
- Growing International Concern over Failed Development in West Papua.
- Journalist Details Difficulties of Reporting From West Papua.
- Papuans and Their Supporters Campaign Against Indonesian-Australian Security Treaty.
- Papuan Detainees Receive Tough Sentences Growing Tension on the West Papuan – Papua New Guinea Border
Growing International Concern over Failed Development in West Papua
In an unprecedented show of concern, over 40 representatives of international donors traveled to West Papua in September in an effort to address Jakarta’s decades of failed development policy in West Papua. The group, which included representatives of the World Bank, told media that such visits in the past had been virtually impossible because of constraints imposed by Jakarta. The Australian Financial Review, in a September 29 report on the delegation’s visit, noted that West Papua had long been a “no-go area” for such international visits. For many years Jakarta has required international visitors to obtain a “surat jalan” or travel permit which was extremely difficult to obtain and which, if obtained, imposed severe restrictions on movement within West Papua. It remains to be seen whether international assistance for the Papuans might still be blocked by Jakarta’s resistance to follow-up teams of international donors seeking to develop assistance programs.
Journalist Details Difficulties of Reporting From West Papua
Contradicting recent claims by the International Crisis Group that conditions in West Papua are not as onerous as claimed by the great majority of human rights advocates, the Australian Broadcasting Company’s Geoff Thompson who recently managed to enter West Papua, described the environment there as that of a “police state.” In addition to intrusive intelligence monitoring of his legitimate journalistic work Thompson observed that he was not allowed to speak to human rights groups.
Jakarta’s efforts to prevent international monitoring of human rights abuse which has also included denial of visa requests by special UN human rights rapporteurs among many others appears to have succeeded in persuading some that human rights abuses which do not receive international coverage, simply do not exist.
Papuans and Their Supporters Campaign Against Indonesian-Australian Security Treaty
Australians and Papuans are appealing to the Australian government not to sign a security treaty with Indonesia which, at Indonesian insistence, demands that Canberra does not support calls for Papuan self-determination and especially any course that might lead to its independence.
For many years, Canberra maintained a highly-isolated position with regards to East Timor. It officially accepted the Jakarta version of the Indonesian aggression against East Timor and the subsequent 24 years of brutal Indonesian repression of the East Timorese. Canberra was able to extract, in exchange for its diplomatic help, a highly beneficial off-shore resource development arrangement from Indonesia in a corrupt bargain that sullied Australia’s reputation. Speculation ranges widely over the likely Indonesian quid pro quo to be offered Australia on this occasion.
Papuan Detainees Receive Tough Sentences
Papuan students accused of failing to obey police orders during the March 16 demonstrations in Abepura continued to receive harsh sentences in court decisions handed down during September. All but two of the 23 detainees have been sentenced, with the great majority receiving sentences of between four and five years in jail. The penalties are seen by observers as too harsh given the relatively minor nature of the charged offense, i.e., “failing to obey police orders.” Several of the detainees’ “confessions” to having also thrown stones at security officials are questionable given the defendants claims that they were beaten and otherwise coerced into making the “confessions.” Complaints of abuse are supported by eyewitness accounts of police attacks on the defendants, resulting in the hospitalization of one defendant.
Observers also recall that special forces (Kopassus) personnel convicted of what the judge in the case described as the 2001 “torture-murder” of Papuan rights defender Theys Eluay received sentences entailing a maximum of three and one half years in jail. The Indonesian army Chief of Staff at the time publicly described the convicted murderers as “Indonesian heroes.”
Growing Tension on the West Papuan – Papua New Guinea Border
Australia has quietly deployed approximately 200 troops to the border between West Papua and Papua New Guinea. A Papuan source with contacts in Australia reports to WPAT that four Australian military colonels have joined approximately 200 troops in Papua New Guinea, including approximately 120 in Vanimo, in the wake of developments along the border that have given rise to security concerns. The troops include Australian intelligence units. The Australian deployment reportedly reflects Canberra’s concern about potential chaos in the border area resulting in instability in West Papua, but also growing concern about Indonesian military/intelligence activities in the border area. Australian media accounts, in reports denied by Jakarta, claim that PNG forces have intercepted two naval intrusions in the Vanimo area recently. Other reports claim extensive involvement of the Indonesian military in logging and other illegal activities in the PNG.
Adding to the confusion in the border area are claims of ongoing human rights abuse. Nick Chesterfield, an Australian who recently returned from the border area has told the Australian Broadcasting Company that in the border region there is “strong evidence” that Indonesian security elements are forming “death squads” which, he claimed are “randomly targeting Papuans, not on the basis of any political affiliation, but on the basis of race.” He explained that “in the Asa and Wembi areas we interviewed many survivors from some of these operations.”
West Papua Report
August 2006
This is the 30th in a series of monthly reports that focuses on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
SUMMARY/CONTENTS
- Infamous Indonesian General Appointed Commander for West Papua.
- Mistreatment of Papuan Detainees Continues.
- Australian Government Plan to Block Papuan Refugee Seekers Fails.
- Indonesian Military Cross Border Operations in Papua New Guinea
- Suspicion Grows of Foiled Indonesian Incursion
- Papuan Christians Establish West Papuan Synod Chinese
- Plan for Timber Operation in Papua Opposed
- Addressing Illegal Land Seizures in West Papua and Elsewhere in the Indonesian Archipelago
Infamous Indonesian General Appointed Commander for West Papua
In early August, the Indonesian military announced that Brigadier General Zamroni has been appointed military chief (Pangdam) for West Papua (and the disputed “West Irian Jaya Province”). Zamroni has deep connections to the Indonesian Special Forces (Kopassus). He rose to prominence in Kopassus under General Prabowo whom he served as commander of Kopassus’s elite “anti-terror” unit. Following Prabowo’s dismissal from the Indonesian military, Zamroni became deputy commander of Kopassus. He was widely accused by reputable human rights organizations, including Human Rights Watch, for “the brutality of his forces in Aceh in 2001.”
“The Bulletin,” a New Zealand publication, notes also that Zamroni was “instrumental in quashing student democracy protests of the mid- and late- 1990s. It was this campaign of torture, kidnap and murder that ultimately led to the downfall of General Prabowo.”
Mistreatment of Papuan Detainees Continues
Church sources in West Papua report that on August 28, Nelson Rumbiak, a prisoner who was allegedly involved in the March 16 demonstrations in Abepura, was beaten by members of the local police after his testimony at the Jayapura State Court. He and two other witnesses testified during the August 28 court session that their confessions related to the March 16 demonstrations were made under physical duress by the police.
This report parallels earlier reports of police mistreatment of those detained in connection with this case. To date, neither the Court nor the prosecution has intervened to address the reports of police mistreatment of these detainees.
Australian Government Plan to Block Papuan Refugee Seekers Fails
Australian Prime Minister John Howard has withdrawn a bill proposing changes to immigration laws, acknowledging that it faced certain defeat in parliament. That defeat has emerged in the form of significant resistance to the plan from within Howard’s own party. The legislation was passed by the lower house in early August but was headed for certain defeat in the senate.
The plan, dubbed the “Pacific Solution,” would have required asylum-seekers arriving in Australia to be sent to Nauru for “offshore processing.” Those asylum-seekers determined to be refugees, would be designated for resettlement in a third country. Despite the plan’s defeat, Howard claimed that the Australian government would continue to send asylum seekers to Nauru, explaining that “people who arrive on excised islands (not on the Australian mainland) will still, in appropriate circumstances, be processed in Nauru.”
The initiative for the proposed legislation was prompted by the arrival of 43 Papuans from West Papua in January 2006. The new arrivals claimed that they faced severe repression and genocide in the hands of the Indonesian military. Australia’s decision to grant asylum caused consternation within the Indonesian government.
Indonesian Military Cross Border Operations in Papua New Guinea
The Indonesian military’s cross border operations into Papua New Guinea (PNG) pose risks of an international conflict that could involve Australia, according to an August 23 report by Paul Daley of the New Zealand University School of Communications Studies, which was published in “The Bulletin (Australia).”
In his detailed report, entitled “Caught in The Crossfire,” Daley contends that a large number of Indonesian military and intelligence officers are currently inside Papua New Guinea where they pose as fisherman and loggers. The report contends that Indonesian forces, especially from the Special Forces (Kopassus), and the Indonesian State Intelligence Agency (BIN), operate covertly in search of West Papuans who have fled to PNG. These Indonesian personnel reportedly exploit understaffed PNG border security forces. “Intelligence operations are routinely being conducted inside the PNG border by the Indonesian military’s special forces and, it is understood, with a blind-eye approach being taken by Port Moresby,” according to a security source quoted by Daley. At worst, PNG is cooperating, at best it is doing nothing because the PNGDF [Papua New Guinea Defense Forces] is run down and the government is afraid of Jakarta’s military.” Collusion between Indonesian military and senior level PNG officials is evidenced in phone communications intercepted by Australia’s Defense Signals Directorate, according to intelligence sources cited by Daley.
Daley also reports that West Papuan timber is regularly transported across the border to PNG from where it is exported as PNG timber. Indonesian law prohibits export of raw timber. Drug trading and prostitution have grown up around the large-scale illegal logging operation according to security sources cited by Daley. (See report later in this issue for related information.)
Suspicion Grows of Foiled Indonesian Incursion
Hard evidence for reports of Indonesian military incursions into PNG may have surfaced in an August 8 incident in which PNG security personnel fired on an Indonesian boat in PNG territorial waters near the villages of Wutung and Mushu, an area believed to have been the target of clandestine Indonesian incursions. One Indonesian was killed and two were seriously injured when PNG security personnel fired on a mysterious craft operating in PNG waters. Seven Indonesians were arrested in the incident.
The governments of PNG and Indonesia both insist that the Indonesians were fishermen. Appearing to corroborate reporting cited in the preceding item, an August 25 Papua New Guinea Post-Courier report replayed by the BBC notes that despite PNG denials the August 8 shooting incident near Wutung and Mushu involved Indonesian “spies.” Local sources confirm a clandestine Indonesian operation.
Intelligence sources told the Post-Courier that the PNG government was in fact attempting to “cover-up for alleged TNI (Indonesian armed forces) soldiers on a clandestine operation in PNG’s Sandaun Province. They (the Indonesians) are Kopassus members. The eight that were shot at outside Vanimo were made up of five professionals (soldiers) including a medic, a radioman, a commander, signaler and rifleman while the other three were Kopassus,” said an ex-PNGDF soldier who worked with the army intelligence unit between 1989-1999, and now resides in a PNG border town. The former official, according to the Post-Courier, added that when he was in the military, he and his comrades were under standing orders to deny reports of incursions by the Indonesian military.
Papuan Christians Establish West Papuan Synod
For much of the more than four decades of Jakarta’s rule in West Papua, it has been the Papuan clergy, particularly the Christian clergy (which represents the majority faith in West Papua), that has led the struggle for Papuan rights. The Christian clergy, in unison with Islamic clergy, for example, have led efforts to win recognition of West Papua as a “land of peace”, free of Indonesian military abuse and repression. Observers, therefore, note the recent emergence of a Papua-led Synod in West Papua which has potentially broad significance for West Papua’s on-going spiritual, social, cultural, economic, and political development.
The Synod of the Alliance Church in West Papua was formed following the meeting of 44 superintendents on July 26-29, 2006, in Nabire. This new synod formally disengaged from the Jakarta-based GKII (Evangelical Tabernacle Church of Indonesia) organization, but will remain part of the Christian and Missionary Alliance denomination. It will be administered henceforth directly from Papua in order to focus more directly on the social, economic, and cultural concerns of Papuans. For many years the Jakarta-based GKII precluded development of a Papua-based approach to the multifaceted challenges confronting the people of Papua. A majority of the districts elected to join the new Synod.
Chinese Plan for Timber Operation in Papua Opposed
Papuans are resisting plans to establish a timber processing facility in West Papua. The government is conducting a feasibility study of the US$1 billion dollar plan by a firm named “China Light” which would reportedly supply lumber for construction of facilities for the 2008 Beijing Olympics. In May, Forestry Minister Kaban stated publicly that the wood was intended for the construction of Olympic facilities in Beijing.
Opposition to the proposal has been registered by both local business and environment advocates who are concerned that the plan would diminish Papua’s remaining pristine forests. The absence of effective monitoring of timber cutting, processing and export generally in Indonesia, and especially in West Papua, underscores the concern that no effective plan to control the timber cutting and processing is possible. Illegal logging, now rampant in West Papua, often in collusion with military and police, could emerge as sources of timber for the proposed Chinese-owned facility. Moreover, by establishing a processing facility in West Papua, China would be able to evade the Indonesian ban on the export of raw logs. China has also expressed interest in developing pulp and paper processing facilities in West Papua.
The Bogor-based environmental NGO Telapak recently produced a widely-quoted study which demonstrated that approximately 300,000 cubic meters of merbau (intsia) were smuggled monthly from Papua to China. The investigation, conducted jointly with the London-based Environmental Investigation Agency (EIA), found that the wood was manufactured into flooring in China and sold through scores of home improvement chain stores in Europe and the United States.
The issue is another example cited by Papuans of the failure of the autonomy law to permit Papuans to control their own natural resources.
Addressing Illegal Land Seizures in West Papua and Elsewhere in the Indonesian Archipelago
A principal, historic grievance held by Papuans and other indigenous peoples in the Indonesian archipelago is the illegal seizure of their traditional lands in a corrupt bargain involving local and foreign firms and the Indonesian central government, with the Indonesian military and police acting as enforcers. The practice has led to the destruction of vast tracts of forest and other lands and the forced removal of thousands of indigenous peoples. An Op-Ed written by an American academic and published in the August 7 edition of the Jakarta Post reviews the problem and proposes possible legal and legislative solutions to this fundamental abuse of human rights. Excerpts of that OP-Ed, “The Right to Possess Land, by Stephanie Park,” follow:
With the motto “Unity in Diversity,” Indonesia tackled the formidable challenge of advancing the interests of a country that consists of almost 18,000 islands with over 700 languages and ethnic groups. In pursuing the interests of the country, however, it disregarded the interests of certain indigenous peoples on resource-rich lands, facilitating the extinction of their way of life.
During the New Order, untitled forest was classified as state-owned, and it was never reclassified to reflect indigenous ownership when the regime ended. Under the auspices of national development, the government has taken advantage of this loophole and confiscated large portions of this “state-owned” land. The land was then granted to privately-owned mining and logging multi-national corporations, which have, in general, reinvested embarrassingly minuscule shares of their profits in the community. Such land transfers have the double impact of undermining indigenous ownership and contributing to the destruction of the environment.
The only recourse currently available to groups deprived of their land is the court system, which has proved either incapable of protecting such property interests or unwilling to try.
As a signatory to the Universal Declaration of Human Rights, Indonesia pledged to uphold Article 17, which promises that “Everyone has the right to own property alone as well as in conjunction with others” and that “No one shall be arbitrarily deprived of his property.” Moreover, Indonesia is now a party of and therefore has to comply with the International Covenant on Economic, Social, and Cultural Rights, which also puts weight on right to property i.e. land as a human right. The government should be chary of implementing major change without input from representatives from geographically-diverse indigenous groups lest it infringe upon the right to self-determination. It can start, however, with providing a viable process for the restoration of seized land. If courts were to offer injunctions to parties whose cases are pending trial, they could return the property in its original state rather than seek an appropriate substitute as redress.
The People’s Consultative Assembly (MPR) could also add to the law to provide for adverse possession, a legal doctrine allowing a court to transfer actual title of property to a party whose use has gone unchallenged for a certain period of time, usually seven years or longer.
This is not a complete solution because it undermines the original right of ownership held by indigenous peoples, but adverse possession could be temporarily employed to stop divestiture of ownership for economic development.
For long-term change, Indonesia must provide formal recognition of the land rights of its indigenous peoples. One priority should be a revision or a binding interpretation of Article 18, which in the same breath recognizes the autonomy of traditional communities and subjugates them to the majority interest.
Similarly, Article 33 of the Constitution, which puts the “land, waters and the natural resources… under the powers of the State” should be understood to exclude land subject to the indigenous people who occupy it.
These and other measures are merely the roots of a more comprehensive program to recognize indigenous rights. However, they are a necessary start to fulfilling Indonesia’s duty to preserve the cultural treasures that still live within its borders.
(The writer is a postgraduate student of Harvard University School of Law and currently an intern at Jakarta-based Institute for Policy Research and Advocacy (Elsam). Reachable by email at spark@law.harvard.edu.)
West Papua Report
July 2006
The July 2006 “West Papua Report” is the 29th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- Barnebus Suebu has been inaugurated Governor of West Papua. In an earlier term as Governor, Suebu restricted the central government’s “transmigration” policies which marginalized Papuans. Suebu has already joined other prominent Papuans in criticizing the division of West Papua into two provinces, a decision imposed on Papuans in contravention of the Special Autonomy Law.
- Papuan pro-independence leaders meeting in Papua New Guinea pledged to support the “Papua, Land of Peace” campaign, to employ non-violent messages and to unify their efforts.
- Indonesian courts have convicted and sentenced student demonstratorsinvolved in the March 16 melee which followed a security force assault on a peaceful demonstration.
- Papuan defendants have refused to participate in a trial for the murder of two U.S. citizens and one Indonesian in Timika in 2002. Prosecutors have not pursued indications that the Indonesian military was complicit in the attack.
- President Yudhoyono visited West Papua and appeared to agree with calls to review the Special Autonomy Law.
- An inter-tribal conflict in the Timika area has cost ten Papuans their lives.
- Indonesian security personnel are investigating a break in at facilities belonging to U.S.-run Freeport-McMoRan mine.
- The Indonesian government is reacting to growing international concern about human rights abuse in West Papua and calls for Papuan self-determination. New research shows extensive Papuan dissatisfaction with “Special Autonomy”.
- The Washington Post has published an extensive report detailing the destruction of Papuan forests and failure of the Indonesian authorities to detail with this criminal activity.
- Security force killing and wounding of Papuans continue.
Popular New Governor Barnebus Suebu Inaugurated in West Papua
Barnabas Suebu was inaugurated governor of West Papua in a ceremony in July 24 in Jayapura. Suebu brings broad experience to the job, having served as governor for West Papua from 1988 to 1993. He was also served as Indonesian Ambassador to Mexico. During his previous tour as governor he successfully restricted the Indonesian government’s “transmigration” policies under which the central government moved large numbers of non-Papuans into Papuan territory for resettlement. The policy marginalized Papuans who were often pushed off their lands to make way for the government sponsored immigrants. Observers have likened the policy to colonial era practices. In recent years, central government-supported migration has continued though government support has been informal.
The inauguration was delayed from Suebu’s March election victory due to a court case by one of his defeated rivals. In the end, those rivals participated in his inauguration, indicating their support for the new governor. Initial evidence suggests that Suebu will not be the pliant bureaucrat that some Papuan governors were. Suebu has already been publicly critical of Jakarta’s division of West Papua into “Papua” and “West Irian Jaya,” formalized by the inauguration of a “West Irian Jaya” administration on July 23 based at Manokwari. Governor Suebu’s criticism of the imposed division of the province echoes that of the Papuan People’s Council, the provincial legislature, and Papuan civil society leaders. On July 22, the new governor of “West Irian Jaya” , a former military general, was also inaugurated.
Papuan Independence Proponents Unify
In late July the commanders of all six commands within the West Papuan National Army (Biak, Sorong, Manokwari, Paniai, Fak Fak, Wamena and the northern and southern border commands) met met in Madang, Papua New Guinea to unify their efforts. Meeting coordinator Jonah Wenda told the media on July 23 that the commanders had jointly agreed to pursue non-violent means to advance their cause of a free and independent West Papua. They also affirmed their commitment to West Papua as a “land of peace”. The meeting was the latest effort by the “West Papua Coalition for National Liberation” to consolidate all Papuan resistance elements into a single organization with a common agenda and agreed upon (non-violent) methods.
Wenda told the media covering the meeting’s press conference that the commanders signed an agreement to create a coordinating organization in October. While pledging that the commanders would rely on peaceful means to liberate West Papua, Wenda added that if the Indonesian military attacked Papuan civilians, the commanders are ready to defend the Papuan people.
Indonesian Court Convicts Papuan Demonstrators
On July 23, the Jayapura District Court sentenced 11 protesters involved in the deadly March 16 protest with police near the Cenderawasih University campus in Abepura to jail terms ranging from five to six years. The heaviest sentence was handed to Nelson Rumbiak, who was jailed for six years, two more than the four years demanded by prosecutors. The defendants, all students, were charged with offenses ranging from disobeying a police officer’s order to disperse as well as violent offenses. Five security officials were killed in the melee that followed a police assault on what had been a peaceful protest. Another group of men is on trial for the deaths of the security officials.
The demonstrators had called for the closure of operations of the U.S.-run Freeport-McMoRan gold and copper mine which is widely viewed as having severely polluted the environment, colluded with the Indonesian military in the abuse of Papuan human rights, and conspired with the central government to rob Papuans of their natural patrimony.
Security officials went on a rampage following the March 16 melee, targeting students, facilities at Cenderawasih University which many of the demonstrators attended, forcing many students to flee the University with some seeking refuge abroad.
The defense lawyer for the 16 demonstrators announced intentions to appeal the verdicts for those sentenced thus far.
Papuans Refuse to Participate in Trial for Timika Killings
Seven Papuans accused of involvement in the August 31, 2002 attack on U.S. schoolteachers have refused to participate in their trial which was to have begun in July. One of the defendants, Antonious Wamang, has admitted involvement in the killings but has implicated the Indonesian military as complicit in the crime. Prosecutors have not pursued this connection to the Indonesian military.
President Yudhoyono Visits West Papua
At the close of the July reporting period, President Susilo BambangYudhoyono has begun a visit to West Papua. While full results of this visit are still unknown, the official news agency, Antara, reported that President Yudhoyono, in meeting with Papuan officials, agreed to evaluate the Papua Special Autonomy law (Law No.21/2001).
Papuan officials, notably the chairperson of the Papuan People’s Council (MRP), Agus Alue Alua, cited the need to amend Article 76 of the Law which stipulates that the establishment of new provinces must get the approval of the MRP and the Regional Legislative Council (DPRD). He stressed that “Article 76 must become the core of the regulation on the establishment of new provinces and regencies in Papua, instead of merely made effective as an additional regulation.” He noted that the new West Irian Jaya province had been established despite the opposition of the MRP. “We have asked the President to delay the implementation of the plan on the establishment of new provinces and regencies in Papua pending a clarification on the legal status of the plan,” the MRP chairman said.
Antara also announced that Yudhoyono was expected to announce a presidential instruction on the acceleration of development in the province which would focus on health, vocational education, acceleration of basic infrastructure development, food security and affirmative action measures to give more locals the opportunity to hold posts within the administration, the police and military forces.
Tribal Conflict Near Timika
A deadly inter-tribal conflict that has killed ten Papuans was continuing at the end of July. Two warring tribes in the Mimika District near the U.S.-run Freeport McMoran gold and cooper mine engaged over the death of a child by drowning who had been in the care of rival tribesman. Hundreds of tribesmen from the Dani and Damal peoples in Kwamki Lama hamlet reportedly are observing traditional rules of tribal warfare. Unwritten codes of honor require that women cannot fight wars and it is forbidden for men to rape or physically abuse women and children during a war. Looting during a war is also forbidden, as is killing women, children and the elderly. A tribal war can last months, even years, and generally ends when the number of casualties is equal on both sides.
Suspicious Activities at Freeport McMoRan Mine
Indonesian authorities have arrested three men after they allegedly surreptitiously entered a secure site inside the Freeport-McMoRan’s mine at Tembagapura, police authorities announced on July 27. Media reports citing a senior official of the U.S.-funded Detachment 88 said two of the three were Freeport employees, including one with responsibility for handling explosives. The third was identified as an Islamic teacher. The teacher had at least once entered the complex using a visitor’s ID pass made by one of the other two. The Detachment 88 official said that security officials had confiscated several documents including bomb-making instructions, a map of the Freeport mine area and videos of anti-Western propaganda.
As of August 1, the detainees have been released but are purportedly being watched.
The involvement of an Islamic teacher and confiscation of anti-western propaganda appeared to rule out the possibility of Papua’s small armed independence movement.
Jakarta Concern Over International Support for an Independent West Papua
The concern of the Indonesian central government over growing concern about the plight of Papuans and support for Papuan self-determination manifested itself in several ways in July. On July 25, Indonesia convened a Southwest Pacific dialog on the sidelines of the ASEAN Ministerial Meeting (AMM) and ASEAN Regional Forum (ARF) in Kuala Lumpur. Indonesian Foreign Minister Hassan Wirayuda hosted the session which was attended by Australian Foreign Minister Alexander Downer, New Zealand Foreign Minister Winston Peters, Papua New Guinea’s Petroleum and Energy Minister Sir Moi Avei, the Philippines Foreign Minister Alberto G. Romulo and Timor Leste Foreign Minister Jose Luis Guterres.
A senior Indonesian Foreign Ministry spokesperson explained that the dialogue was necessary because the dialogue partners were “very influential on our eastern territory, such as Papua.” He also noted that the majority of people living in eastern areas of the country were ethnic Melanesians, who constitute the majority in many Pacific islands. He added bluntly that “failing to pay adequate attention to our eastern neighbors and the situation in our eastern territories can cause our eastern areas to fall under the influence of outside forces.” Earlier, a senior retired Indonesian military officer called publicly for Indonesian intelligence to be employed abroad against those who advocate on behalf of Papuan human rights, including the right of self-determination.
New Research Underscores Failure of “Special Autonomy” for West Papua
New Indonesian research conducted by a respected non-governmental organization has concluded that West Papua’s “special autonomy” status has not brought significant progress to the people because it has failed to address their fundamental needs. The research is based on a survey conducted by National Solidarity for Papua (SNUP) in cooperation with Partnership for Governance Reform in Indonesia. The survey interviewed hundreds of Papuans the majority of whom told researchers that their welfare has not improved under special autonomy because the local political elite, the bureaucracy and non-governmental organizations were out of touch with the common people. Three quarters of respondents stated that special autonomy has not strengthened basic services in the areas of health care, education and the economy. They related the failure to rampant corruption and nepotism.
SNUP executive director Bonar Tigor Naipospos, a prominent human rights advocate for over a decade, said a majority of Papua’s 2.5 million people still lived in poverty. (A separate government study conducted by the State Ministry for the Development of Disadvantaged Regions indicated that 19 of 20 regencies across Papua were classified in 2005 as underdeveloped). Forty-six percent of respondents said that the newly-established Papuan People’s Assembly (MRP) and political parties had not paid serious attention to their fundamental problems, and that the increasing number of security personnel did not improve their sense of security. Instead, respondents felt their freedom of expression has been hampered.
The Destruction of West Papua’s Rainforest
The Washington Post, July 14, published a revealing account by Post correspondent Ellen Nakashima of the continuing devastation of West Papua’s rainforest. Her detailed account underscored the abject failure of the Indonesian courts to address the destruction which directly impacts the welfare of millions of Papuans who depend on the forests for their livelihood. Specifically, she described endemic corruption and incompetence among prosecutors and within the Indonesian justice system which have long rendered the Indonesian military, police and senior political figures immune from effective prosecution.
The report, based on Nakashima’s unusual access to West Papua where most journalists are routinely restricted, was an all-too-rare example of effective scrutiny of conditions in West Papua.
As of the end of the July reporting period, efforts were underway to establish a Papuan organization dedicated to the protection of Papuan forests.
Killings and Wounding of Papuans Continue
Human rights advocates in West Papua continue to forward to the West Papua Advocacy Team (WPAT) the names of Papuans killed or wounded by security officials. Many of these killings go unreported in the media and perpetrators typically evade justice. Beginning with this issue the West Papua Report will note these reports, providing what context is available for these accounts. Because of security force intimidation of Papuan human rights advocates follow-up reporting on these incidents is often limited.
On July 6, six Indonesian military personnel were involved in the murder of Inoi (aka Zakeus) Wanggai at Sorong airport. The U.S. Embassy has confirmed that these killings took place. Additional details are lacking. On July 14 in Sorong Frengkay Iha and Onisimus Ginoni were shot by a senior police official while returning home from a church meeting. They were seriously wounded and hospitalized. The police official, reportedly drunk at the time of the shooting, was arrested though there is no indication that he will be prosecuted. Also in early July in Wamena, a woman named Selvy Kugoya was shot and killed by security officials. No additional details are available at this time regarding the incident.
West Papua Report
June 2006
The June 2006 “West Papua Report” is the 28th in a series of reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. The West Papua Advocacy Team is a non-profit organization.
Summary
- Indonesian officials have seized two U.S. citizens who attended the fourth Papuan Peoples Congress in West Papua purportedly on visa violations. With few exceptions, the Indonesian government continues to prohibit international monitoring of human rights in West Papua.
- The government of Papua New Guinea has rejected Australian plans to detain West Papuans seeking refuge in Australia from Indonesian repression to Papua New Guinea. The plan is also facing opposition within Australia, even from the government party’s own parliamentarians.
- The Catholic diocese of Jayapura has deplored police torture of students held in custody in connection with March 16 demonstrations. Other students are in hiding along the West Papua-Papua New Guinea border. Investigations of police corruption in West Papua associated with illegal logging which has also entangled the military have ground to a halt.
- The Indonesian government has withdrawn state investment funds from the Freeport-McMoRan copper and gold mine in West Papua due to what the Norwegian government described as that firm’s “serious environmental damage.”
- A human rights advocacy organization has called for Indonesia, now a member of the U.N. Human Rights Council, to support the adoption of the “International Convention for Protection of All Persons from Enforced or Involuntary Disappearances.” The call notes that such disappearances have been common in Indonesia for decades, notably in West Papua and in Aceh.
- The Australian and Indonesian governments have reached an agreement on a security accord in which Australia formally recognizes Indonesian control of West Papua. The agreement is reminiscent of Australia’s decades of support for Indonesia’s invasion and occupation of East Timor.
U.S. Citizens Detained in West Papua
A senior human rights contact in West Papua informed the WPAT that on June 26, the executive director of “Land is Life”, Brian Keane, along with the NGO’s program assistant Casey Box were illegally detained by Indonesian police in Jayapura, West Papua. After four hours in police custody they were transferred to the immigration headquarters Jayapura. The pair were in West Papua to attend the fourth Papuan People’s Congress where 1,000 representatives of West Papua’s tribes gathered to discuss economic development, health concerns and human rights.
Indonesian authorities told media that the two had violated their visas by attending a meeting of what the authorities claimed were “separatists sympathizers.” The Indonesia official said that questioning of the two US citizens would continue in Jakarta.
Despite strong criticism from international human rights organizations and appeals by U.S. members of Congress among others, Indonesia continues to place severe restrictions on or ban outright travel by journalists, human rights advocates and academics to West Papua. A UNHCR official noted recently that the UNHCR was essentially banned from travel to West Papua (see West Papua report for May 2006).
Papua New Guinea Rejects Australia’s Effort to Detain Papuan Refugees in PNG
The government of Papua New Guinea (PNG) has rejected plans by the Australian government to detain Papuan refugees who reach Australia in the PNG. Senior PNG officials indicated PNG unwillingness to assist Australia with Papuan asylum seekers was based on PNG concern over possible Indonesian Government reaction to such an arrangement. PNG already hosts thousands of Papuan refugees in flight from Indonesian repression.
Under the Australian government’s so-called “Pacific Solution”, asylum seekers who made it to Australia were to be transferred to detention centres on Nauru or on Manus Island in PNG. Australian Prime Minister Howard is also facing opposition to the plan from Parliament members of his own party.
Papuans “Tortured by Police” in Jayapura
A Catholic human rights group has accused Indonesian police of torturing 23 Papuans arrested after violent protests in March. The Peace and Justice Secretariat of the Catholic diocese in Papua’s provincial capital, Jayapura, alleges cases of physical and mental abuse, and intimidation
The 23 were arrested after March 16 and 17 student demonstrations outside Jayapura’s Cendrawasih University. The protesters had demanded the closure of the giant US-run Freeport copper mine because of environmental damage and the lack of benefits going to local Papuans. Four policemen, an air force soldier and a civilian were killed in the riots, prompting hundreds of students to flee their homes and dormitories in fear of reprisals by security forces.
The Peace and Justice Secretariat said its staff and representatives from other church groups interviewed three of the 23 detainees at the regional police cells in Jayapura. The prisoners said wounds on their faces were sustained during days of police interrogation and they were being kept in crowded cells, the report noted. One prisoner said they had been tortured for information during the first few weeks and a senior police officer had threatened to shoot him and had aimed a gun at his mouth. Prisoners also told interviewers they had not seen their legal counsel appointed by the authorities and so were at a loss when they fronted up in court. Two of them said they were maltreated by police two hours before the court hearing started, in a bid to get them to confess they were involved in the deaths of the police officers and air force soldier. “They were kicked with army boots, struck on the head and body with rifle butts and rubber truncheons,” the report said.
Formal hearings for the accused at the Jayapura District Court revealed the extent of breakdown of the justice system in West Papua. According to the report, at one hearing, a judge said: “Another time when there is a demo, you should carry sharp weapons so that, should the situation become chaotic and you find yourself under pressure, you can shoot the demonstrators on the spot, and if anyone dies, that won’t be a violation of human rights.” The Church report concluded that judges and prosecutors had not upheld basic principles of fair and honest hearings, which were held amidst heavy security in an “atmosphere of terror and fear for the accused.”
Investigation of Police Corruption in West Papua Stalled
A June 13, 2006 report by Radio New Zealand International revealed that there has been little progress in investigations into transactions involving the bank accounts of a number of police officers in the Papua regional police in Indonesia. The transactions were uncovered over the past two years by Indonesian financial Watchdog “The Financial Transaction Reports Analysis Centre,” or PPATK, according to an earlier report by the Jakarta Post.
The money is believed to be the proceeds of illegal logging which is thought to be only the tip of a corruption iceberg. The Radio New Zealand report notes that according to sources at the PPATK, Indonesian police are slow in investigating the cases, pparently due to the influence some of the high-ranking officers wield within the force.
Illegal logging has also involved the Indonesian military according to multiple credible investigations conducted by international and domestic NGOs as reported, inter alia, in the U.S. State Department’s annual Human Rights Report for Indonesia.
Refugees from Indonesian Security Force Crackdown Speak about Their Plight
The highly-regarded weekly Australian television news program “Frontline” broadcast an unprecedented interview with Papuan students who have fled to the dangerous border region between West Papua and Papua New Guinea to escape a brutal Indonesian security force crackdown. The documentary, “West Papua – Flight to Freedom?” by Frontline’s’s Mark Davis notes as background that on March 17 the situation in West Papua, “always dire,” “took a dramatic turn for the worse.” The report described how Papuan students involved in a protest encountered fire by the Indonesian military. In the confusion, five Indonesian security personnel were killed. Security force reprisals begin that night with “anyone young and black (being) set upon in the streets” by the security forces. Soldiers attacked the university, searching for young Papuan especially highlanders. Many were severely beaten, and, the documentary noted, “it’s claimed that more than a dozen have been murdered, others have simply disappeared.”
The report explains that the only immediate refuge for hundreds of students and other young Papuan highlanders, is the jungle beyond Jayapura, where many remain today. But the report adds “they are being hunted there as well.” “Their only hope is to get out of the country, over the mountains and into Papua New Guinea. This border region is now full of Indonesian troops and West Papuan independence fighters. PNG and Australian troops are nearby. This is the hot spot where the students are heading. Some have made it across the border into PNG, where the report picks up its interview based story.” Full text of the report can be found by employing web server for “Frontline – West Papua, Flight to Freedom?”
Freeport Suffers New Attack over Its Environmental Record
The Government of Norway has announced that it would no longer invest in the U.S. copper-gold mine firm Freeport-McMoran due to concerns over systematic abuse of human and labor rights. Specifically, the the Norwegian government has withdrawn more than $US 25,440,000 in the US copper and gold company because of “serious environmental damage.” The Norwegian decision criticized Freeport for disposing of close to 230,000 tons of tailings, or residue into a natural river system which has led release of large quantities of sediments and heavy metals such as copper, cadmium and mercury into the watercourse. The Norwegians concluded that the Freeport actions over decades “inflicted serious damage on the river system and parts of the riverine rainforest and has (had) considerable negative consequences for the indigenous peoples residing in the area.” The Norwegian decision comes just a month after a report sanctioned by Indonesia’s House of Representatives confirmed that the Freeport mine in Papua is causing severe damage to the environment.”
Freeport responded to this latest assault on its environmental record by claiming it was all a “misunderstanding.” A spokesman for Freeport, Bill Collier, claimed the tailings from the mine were non-toxic and that the tailings deposit area will be re-vegetated with native species or agricultural crops at the end of the mine life.”
A member of the West Papua Advocacy Team who spent four hours on the tailings delta without Freeport knowledge while a senior officer at the U.S. Embassy in Jakarta observed virtually no natural re-vegetation and extensive die off of valuable forest along the delta, including in areas where Freeport dikes had given way. Those areas where Freeport had sought to artificially re-vegetate required intensive fertilization as acknowledged to WPAT member’s by Freeport representatives.
Jakarta Post Op-Ed Notes Problem of “Disappearances” Especially in West Papua
A June 10 op-ed by Veronica Kusuma (Asia Federation Against Involuntary Disappearance) discussed Indonesian participation in the current session of the United Nations Human Rights Council in Geneva which opened June 19. This session will consider formal adoption of the draft International Convention for the Protection of All Persons from Enforced or Involuntary Disappearance. In the past, rather than support the drafting of the International Convention Indonesia has abstained.
Ms. Kusuma writes that the Convention fills a huge gap in international law: the absence at the universal level of a treaty addressing gross human rights violations and the international crime that is enforced disappearance. She notes that Indonesia, a member of the council, “ironically,has a bad record on dealing with involuntary disappearance issues. Specifically, Ms. Kusuma observes:
“Besides the greatest tragedy, the crackdown on alleged communists in 1965, Indonesia is still coping with involuntary disappearance cases from the 1984 Tanjung Priok incident, the 1989 Talang Sari incident, the turbulent period of 1997-98, and the unrest in Aceh and Papua. The 1997 and 1998 cases involving kidnappings of pro-democratic activists are now in the hands of the National Commission on Human Rights (Komnas HAM), but the commission appears powerless in the face of rejection and resistance by the suspected perpetrators of disappearances, especially TNI (the Indonesian Military).”
She adds that Indonesia has at least 1,266 cases between 1965 and 2002, mostly in Aceh and West Papua and that the greatest number of disappearances are recorded between 1998 and 2000. The otherwise comprehensive assessment fails to note that many of the officials responsible for the 1998-2000 disappearances in West Papua and elsewhere are still active duty senior military officers, complicating any positive Indonesian role with regards to the Convention.
Australia on Course Again to Appease Indonesia
Australia and Indonesia are on course to sign a security treaty which, at Indonesian insistence will recognize Jakarta’s control of West Papua. Prime Minister Howard has stated that he is “perfectly happy in any document that we sign to say that we respect the territorial integrity of Indonesia,” adding “there is no argument about our attitude towards Indonesian sovereignty over Papua.” The agreement recalls Australia’s decades of recognition of Indonesia’s conquest and occupation of East Timor which won Canberra a highly favorable deal on off-shore oil with Jakarta. However, for many years, Australian support for the 1975 invasion isolated it from broad international rejection of the Indonesian occupation.
West Papua Report
May 2006
The May 2006 “West Papua Report” is the 27th in a series of monthly reports that focus on developments affecting Papuans. This reporting series is produced by the West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments and analysis and reporting from sources within West Papua. Previous monthly reports have been released under the auspices of the Robert F. Kennedy Memorial Human Rights Center. Because of changes at the Center which have necessitated the cessation of a number of country-specific programs, this and future monthly reports will be under the auspices of the West Papua Advocacy Team, now operating as a non-profit organization without affiliation to the Robert F. Kennedy Memorial Human Rights Center.
Summary
- The May 2006 report notes continuing efforts by the Indonesian government to preclude international scrutiny of conditions in West Papua. The UNHCR has complained publicly that it has been barred from West Papua. Meanwhile the Indonesian government has sought to intimidate academic researchers and a senior Indonesian military leader has urged greater Indonesian intelligence agency activity targeting foreign organizations professing concern for human rights in West Papua.
- Amnesty International’s May report noted that among many problems in West Papua were tight restrictions on access to Papua by international human rights monitors, as well as harassment and intimidation of local activists, hampered independent human rights monitoring. At least two peaceful supporters of Papuan independence were sentenced to long jail sentences. Amnesty also noted reports of arbitrary arrests, torture and ill-treatment. Finally, the Amnesty May report also noted a military build up underway in West Papua.
- There is strong domestic and international condemnation of plans by the Australian Government to toughen its immigration policies. The proposed changes follow the successful appeal for asylum by 42 Papuans who fled what they described as “genocidal” conditions under Indonesian rule.
- A respected NGO has described logging operations, including a massive new Chinese initiative, as devastating West Papua’s ecology and marginalizing Papuans. A court hasrefused to act decisively to end police abuse of detainees in a highly public case now underway in Jayapura.
UNHCR Barred from Papua
International concern about the deteriorating human rights environment in West Papua was evident in a hearing convened in the Australian Senate in May to consider changes in the country’s immigration law. The regional representative of the United Nations High Commissioner for Refugees (UNHCR), Neil Wright, expressed concern about reports of human rights abuses in the Indonesian province and emphasized that UNHCR officials have been unable to gain access to the region.
“I can confirm that, despite repeated requests, the UNHCR has not been given permission by the government in Jakarta to have access to West Papua,” he said. “We do not have direct information from there. We do, of course, have information coming from those who cross into Papua New Guinea and are interviewed by us.”
As an example, Mr. Wright also told the hearing that the UN has received an appeal from Papuan asylum seeker Siti Wanggai, whose daughter has been given asylum in Australia. Wanggai, who is in hiding in Papua New Guinea, claims she was forced by Indonesian authorities to make an appeal to have her daughter return to Indonesia.
Indonesian Government Attempts to Silence Foreign Critics of its Policies in West Papua
Melbourne-based newspaper The Age reported on May 22 that Australian academics fear they are being shut out from Indonesia after Jakarta banned cooperation between Indonesian institutions with two Australian universities. The ban on cooperation covers the enrollment and attendance of Indonesian students in the RMIT University and Deakin University, and a ban on the issuance of visas to academics from both institutions. The ban was issued by the Indonesian Ministry of Higher Education, which has urged all Indonesian universities to end co-operation with the two Australian institutions.
Academics see the ban as an attempt to silence Australian academic criticism of Jakarta over its policies in West Papua. The Jakarta government intimidation, according to Dr. Clinton Fernandes, a lecturer at the University of New South, is affecting other institutions. “They know that if you are an Indonesia specialist, access to Indonesia to do field work is essential to your career.” Dr Richard Chauvel, an expert on Papua at Victoria University, described the ban as a revival of the uncertainty academics faced during the Soeharto dictatorship, when bans were often imposed without a stated reason.
Former Indonesian Military Chief Urges Expansion of Indonesian Intelligence
The Indonesian state news agency, Antara, reported on May 23 that former Indonesian military chief General (ret.) Wiranto told a special committee of the Regional Representative Council (DPR) that groups in certain countries such as the U.S., Australia and in Western Europe were seeking to “internationalize” the situation in West Papua. He contended that such groups used “tricks” similar to those used at the height of the East Timorese pro-independence movement.
To address this purported threat, he recommended that the national intelligence agency (BIN) sharpen its overseas operations so as to foil what he alleged to be efforts to cause Papua`s disintegration.
Amnesty International Report Details Human Rights Problems in West Papua
In a May report on Indonesia, Amnesty International noted the following updates on the conditions in West Papua:
In March, the military announced plans to increase troop numbers in Papua by 15,000. There were concerns that this might lead to more human rights violations in the province. Hundreds of additional military troops were reportedly sent to Merauke in October. Concerns were also expressed that troops withdrawn from NAD (Aceh) could be deployed in Papua.
Tight restrictions on access to Papua by international human rights monitors, as well as harassment and intimidation of local activists, hampered independent human rights monitoring. At least two peaceful supporters of Papuan independence were sentenced to long jail sentences. There were reports of arbitrary arrests, torture and ill-treatment.
In April, prisoners of conscience Yusak Pakage and Filep Karma were sentenced to 10 and 15 years in prison, respectively, for having raised the Papuan flag in December 2004. Both were imprisoned in Jayapura, Papua province, and had lodged appeals to the Supreme Court.
In September, two police officers were acquitted by the Human Rights Court in Makassar but the victims were denied reparations. The officers were charged with command responsibility for the killing of three people and the torture of many others in Abepura, Papua in 2000 . The initial investigation was marred by allegations of witness intimidation. The case suffered severe delays in both the investigation and trial stages. The victims and their families lodged an appeal.
Australian Officials Reject One of 43 Papuan Asylum Seekers
At least 43 Papuans who in January fled genocide in West Papua and were granted “temporary protection visas” have protested the Australian government’s decision to deny a visa to one of them. According to the Papuans, David Wainggai, whose father was the founder of the West Papua Independence movement was denied a visa. Wainggai’s father died as a political prisoner in an Indonesian prison under mysterious circumstances.
Papuans contend that Wanggai will undoubtedly suffer persecution if he is forced to return to Indonesia.
Australian officials responsible for the decision noted that “This person (Wainggai) does have the right to re-enter and live in another country …The person has not yet exhausted his rights to re-enter and live in another country.” Observers believe that Australia wants to send Wainggai to Japan because his mother was born there. However, his mother reportedly renounced her Japanese citizenship some years ago and currently lives in Jakarta.
Wainggai’s lawyer, David Mann, from the Refugee and Immigration Legal Centre, told the media that his client was considering all his legal options, and would apply to the Refugee Review Tribunal to have his case heard. He emphasized that Wainggai does not have any “right” to go to Japan.
New Refugee Policy Under Consideration in Australia Likened to Refugee Policy Targeting Jews in World War II Europe
The Australian Broadcasting Corporation reported on May 26 that an Australian Senate inquiry investigating Australia’s plan to send asylum-seekers to offshore processing centers has heard comparisons to the treatment of Jewish refugees during the Holocaust. Former Federal Court Justice Ronald Merkel compared offshore processing to Switzerland turning away Jewish refugees fleeing Nazi Germany. “The very context in which this bill has come before the Parliament, namely the West Papuans, has chilling reminders of what occurred in the Second World War,” he said.
Also giving evidence was Neill Wright from the United Nations High Commissioner for Refugees (UNHCR). He stated that UNHCR “considers the bill to be discriminatory and inferior.” Several Coalition MPs have already raised concerns over the proposed policy.
The Senate Committee heard a range of legal and human rights arguments against the idea. Among the critics, 47 international NGOs signed a letter to Prime Minister John Howard developed by WPAT protesting the proposed policy (see following item regarding this letter). The Australian government’s attempts to fashion a new refugee policy follows a serious diplomatic row with Indonesia after a group of Papuans arrived in Australia in January and were given protective asylum. The Papuans braved a five-day open ocean voyage in an outrigger canoe to escape conditions under Indonesian rule which they described as “genocidal.”
The inquiry is due to report next month.
International NGOs Appeal to Australian Government To Adhere to International Standards Regarding Papuan And Other Asylum Seekers
A May 11 letter to Prime Minister John Howard signed by 47 NGOs based in eight countries urged the Australian government “to uphold its obligations under the Refugee Convention, to recognize the plight of Papuans suffering brutalization on your doorstep, and to adopt humane refugee policies in keeping with the widely recognized principles of the Australian people.”
The wide range of international organizations protested the Australian government’s plan to amend its law to exclude refugees arriving by boat without visas from a fair consideration of their claim. The refugees would be held in conditions described by observers as “inhumane.”
Among the signatories were Human Rights Watch; Institute on Religion and Public Policy; International Immigrants Foundation; Robert F. Kennedy Memorial Center for Human Rights (drafter); TAPOL, the Indonesia Human Rights Campaign; Torture Abolition and Survivors Support Coalition International; Asia-Pacific Solidarity Coalition; Leadership Conference of Women Religious; Great Lakes Rural Australians for Refugees; and Pax Christi USA.
(View the letter at the website of the East Timor and Indonesia Action Network)
Logging in West Papua Devastates Papuan Ecology, Marginalizes Papuan People
The Newsletter published by Down to Earth for May 2006 (No. 69) focuses on the future of Papuan forests. The well-researched article rings alarm bells regarding the rampant devastation of Papuan forests by corporations, often operating illegally and under the protection of Indonesian security forces.
The report include the following major points:
The island of New Guinea – of which West Papua is the western part – has one of the largest areas of intact forest remaining on earth. These forests have huge biodiversity and a high proportion of the plants and animals found there are unique to the island.
Papuan forests are the focus of a power struggle between the Indonesian central government and West Papua. Legal and illegal logging are causing rampant deforestation, but have also disenfranchised the indigenous population.
Papuans are increasingly aware that while their rich natural resources – minerals and fisheries, as well as forests – make the biggest contribution to state revenues, they remain in poverty. The lack of benefits from decades of exploitation was underlined last year when the World Bank reported that 40% of Papuans remained below the poverty line, more than twice the national average for Indonesia.
Matters came to a head when central government launched Operation Hutan Lestari II to curb ‘illegal logging’. All community logging licenses were withdrawn, leaving communities with no legal alternative to generate income from their forests.
An April agreement signed by the central government with a Chinese state firm calls for investment of over one billion dollars in a massive timber extraction operation. The deal could ignite a power struggle between central government in Jakarta and Papua’s provincial government, which has already complained about the lack of decision-making power delivered under special autonomy measures introduced four years ago. The investment, which can be expected to accelerate the marginalization of indigenous Papuans in the logging zones, is also likely to fuel political unrest amongst a population already angry about outsiders profiting from Papua’s natural riches.
Police Abuse of Papuan Detainees Claimed
In the course of proceedings against 16 Papuans accused of involvement in the violent March 16 demonstrations in Jayapura in which security force officials were killed, lawyers for the defendants charged their clients were routinely beaten in custody. The lawyer for the defense, Iwan Niode, said the defendants were not safe in police custody, and that they had been regularly hit by officers. “I saw for myself a defendant, Patrisius Aronggear, hit by an officer and other defendants have said they have been hit, too.” The presiding judge promised to raise the issue of alleged abuse to the chief prosecutors and the police but refused the requests of defense lawyers to transfer the detainees out of local police custody. The judge also pledged to request the prosecutor to ensure that the defendants’ families had easier access to them.
West Papua Report
April 2006
The following is the 26th in a series of regular reports prepared by the West Papua Advocacy Team to provide updates on developments in West Papua.
Contents:
- Australia Bows to Indonesian Pressure on Prospect of Future Papuan Refugees
- Papuan Civil Society Leaders Speak Out
- TNI Conducting Military Operations Possibly Related to March 16 Demonstrations
- More International Calls to End Ban on International Media Access to West Papua
- Cholera Spreading in Papuan Central Highlands
- National Human Rights Commission Protests Inadequate Health and Other Services
- Greenpeace Calls for Moratorium on Logging in West Papua
Australia Bows to Indonesian Pressure on Prospect of Future Papuan Refugees
In the wake of strong pressure from Jakarta for having accorded asylum to most of the 43 Papuans who fled persecution in West Papua earlier this year, the Australian government appears to be attempting to prevent any further Papuan appeals for protection.
The government of Prime Minister John Howard has announced plans to seek in May national legislation establishing the “Pacific Solution” under which refugees fleeing persecution in West Papua and seeking asylum in Australia will effectively be denied refuge.
As described by government officials, the plan includes several components which appear to be in violation of the 1951 Convention Relating to The Status of Refuges to which Australia is a signatory. As described by Australian officials, the first tier of “defense” against fleeing refugees would be military patrols by Australian forces acting in collaboration with the very source of persecution for the refugees, i.e., the Indonesian military.
Any refugee who successfully navigates the perilous seas and joint military patrols to land on Australian soil are to be moved to Nauru or Mannas Island, outside Australia’s “migration zone” where conditions of detention were described by observers as “inhumane” and even life-threatening. Children and the infirm would not be spared detention under these bleak conditions where the opportunity to appeal asylum decisions would not exist and access to legal representation would be limited or non-existent.
The Refugee Convention calls on parties not to penalize refugees directly fleeing persecution and seeking asylum. UNHCR officials have publicly expressed concern that the “Pacific Solution” would constitute such a penalty.
Papuan Civil Society Leaders Speak Out
Senior Papuan civil society leaders have recently expressed their rising concern about developments in West Papua with members of the West Papua Advocacy Team at the Robert F. Kennedy Memorial Human Rights Center. At their request, the Team transmitted these concerns to U.S. Congressional officials as well as officials in the U.S. executive branch. Because of the severe retribution at the hands of Indonesian government security officials for their candid expression of view, the identity of these sources can not be revealed publicly although their identity is known to US government officials with whom the Team has shared these perspectives. There follows a review of those perspectives.
Senior Papuans have emphasized their view that racism is at the root of Papuans’ suffering. They note that the provincial parliament and civil service are dominated by non-Papuans who immigrated to West Papua, often under Indonesian government encouragement and subsidy. Noting the decades of marginalization Papuans have suffered in their own land, these leaders observe that while the Papuan population in Papua New Guinea has grown from 2.5 million to over 6 million since the 1960′s, the Papuan population in West Papua, under Indonesian control since that period, has grown from 800,000 to only a little over 1 million. They cite the failure of the central government to provide basic health and other services for Papuans as well as frequent “security operations” as accounting for the abnormally low population growth among Papuans in West Papua. They also note Jakarta’s willingness to fund education only in urban areas for the children of (largely non-Papuan) civil servants. Senion Papua civil society leaders contend that this has created a “lost generation” of Papuans who lack the skills to compete with migrants. They also describe a situation in which many Papuan women face non-consensual sterilization after giving birth. One Papuan leader described the policies of splitting provinces, inadequate provision of essential services for Papuans, Government-encouraged immigration into West Papua and security force repression as constituting “genocide by process.”
Religious figures among Papuan civil society also express concern over religious discrimination, noting that central government policies appeared to favor Muslims across the archipelago. The Jakarta government, they contend, appears intent on dividing those few provinces which are predominantly Christian. They cited as examples recent government action to split provinces in Sulawesi, Maluku and, most recently in West Papua where the government has created the province of “West Irian Jaya,” despite the express opposition of the Papuan people and their elected representatives. The splitting of existing provinces in each case entailed carving out a majority Muslim province from what had previously been a predominately Christian province. Also, Papuan leaders note that the Indonesian military was training special militias, many of which were exclusively Islamic.
Papuan civil society leaders continue to call for a dialogue between senior level Jakarta officials and Papuan civil society and elected leaders. Some also argue for an independent “facilitator” to guide the dialogue. (Note: This proposal is in keeping with a recent US Council on Foreign Relations study which called for such a dialogue which would be supported by the international community.) Many senior Papuans however, are increasingly critical of the Yudhoyono administration which, although professing to support the concept of dialogue, nonetheless has trampled Papuan rights, and they expressed opposition to the division of the province
TNI Conducting Military Operations Possibly Related to March 16 Demonstrations
Indonesian military sources, speaking in late April to the official Antara news service have confirmed that military operations are underway in West Papua in an area approximately 35 miles west of Jayapura, the capital. According to the sources, four persons were killed on April 10 in a military clash with what the military claimed were suspected insurgents. Two of those killed were security personnel. Separately, the Papuan human rights advocacy organization ELSHAM reported that Indonesian strategic reserve forces have been deployed recently to villages in the same area for the purpose of searching for students sought in connection with the March 16 demonstrations in Abepura (see previous month’s report for details of this incident). It is unclear whether the two reports are related, though they refer to the same area.
The same ELSHAM report notes that 18 students escaped a boat-sinking incident in Jayapura harbor when the boat they were using in an attempt to escape to Papua New Guinea was destroyed. The students had been sought by security authorities in connection with the March 16 incident. One of the students in the boat was killed in the incident while two others are in custody. The ELSHAM report raised the possibility of “foul play” and called for an independent investigation of circumstances of the loss of the boat.
More International Calls to End Ban on International Media Access to West Papua
The Norwegian Foreign Ministry’s State Secretary, Kjetil Skogrand, told the Jakarta Post in an interview published on April 27 that he has urged Indonesian counterparts to allow international journalists to have access to West Papua to “assess the situation.” His call echoes that of members of the U.S. Congress and many international non-governmental organizations.
Cholera Spreading in Papuan Central Highlands
Local health officials cited by media sources indicate that a disease outbreak in Jayawijaya and Yahukimo districts in the central highlands is cholera. Reports indicate that over 200 people have died from the disease and over 600 have been treated since the outbreak was first reported in mid-March. Hampering the medical response to the outbreak is the very rudimentary health service infrastructure established in these largely-Papuan populated provinces by the Jakarta government.
Human Rights Commission Protests Inadequate Health and Other Services
A senior official with the National Commission on Human Rights (Komnas Ham) has condemned inadequate health, education and other basic services in the Mimika District, which is home to the Freeport McMoRan mining concession. The official, Amidanh, who is chief of the Commission’s economic, social and cultural affairs subdivision, said that in addition to these problems, the Freeport firm’s empowerment and compensation programs were not well run. He also reported in an April 12 Jakarta Post interview that security force violations of local residents’ human rights were continuing.
Greenpeace Calls for Moratorium on Logging in West Papua
Emy Hafild, Southeast Asia regional representative for Greenpeace, has told the media that Greenpeace is pressing the Indonesian government to suspend all logging in West Papua. “We badly need to protect the forests for the sake of the Papuans,” she said. Hafild, who for years was active in Indonesian environmental and human rights movements, noted that 60 percent of forests in West Papua are controlled by concession holders whom she described as “pioneers of forest destruction.” She noted that the 62 firms holding such concessions controlled 11.6 million of West Papua’s 39.7 million hectares of forest. Greenpeace, in a separate statement, also called on major importers of woods logged in Indonesia to impose stricter controls to end the international trade in illegally logged timber.
