West Papua Report (February 2012)

Summary: The trial of five Papuans who led a peaceful demonstration in October 2011 demanding Papuans' right to self determination has begun. There has been no prosecution of security forces who brutally attacked that demonstration, killing at least three peaceful demonstrators and beating scores more. The U.S. State Department called on the Indonesian authorities to ensure due process for those indicted and urged that Indonesia respect its international legal obligations related to the trial. Human Rights Watch, for its part, called for the release of the five Papuans who are being tried under an archaic "subversion" provision of the criminal code. WPAT presents an exclusive report on efforts by the Indonesian special forces, Kopassus, to organize a propaganda campaign on West Papua. The campaign targets the U.S. and other governments for purportedly seeking to exert influence there. In its annual report, Human Rights Watch describes a worsening environment for human rights in West Papua. Reporters without Borders, in another global review, notes the growing threat to journalists in West Papua. The Asian Human Rights Commission reports on new Indonesian security force torture of Papuan civilians. The Indonesian government is colluding with Interpol in an effort to arrest prominent Papuan dissident Benny Wenda. Indonesian joins a number of repressive regimes attempting to use Interpol to silence critics. Jakarta has announced plans for a massive road building scheme in West Papua which will facilitate developers access to virgin forest areas. A revealing report by the Jakarta Globe explores the prevalence of illiteracy among Papuan children, even in urban areas, and notes the central government's persistent failure to provide educational services to Papuans. The Government has again announced plans to create a new Papuan province, a step which will further divert funds from essential services for Papuans.

Contents

• Prosecution of Peaceful Dissent Targets Papuans
• WPAT EXCLUSIVE: Kopassus Organizes Propaganda Offensive Targeting U.S. and others regarding West Papua
• Human Right Watch Describes Worsening Environment for Human Rights in West Papua
• International Journalists Condemns Security Force Targeting of Journalists in West Papua
• Military Officers Arbitrarily Arrest and Torture Civilians Based on False Claims of Rebel Activity
• Interpol Joins Indonesian Effort to Silence Dissident
• Trans-Papua Road Planned
• Jakarta Abuses Papuans through Denial of Essential Services
• Plans Advance to Create Central Papua Province

Prosecution of Peaceful Dissent Again Targets Papuans

The trial of six West Papuan leaders who played the leading roles in the October 16-19, 2011 convening of the Third Papuan National Congress (see November 2011 West Papua Report ) began January 30 in Jayapura. The trial was adjourned shortly after it began and will resume on February 8. Over 300 people were initially detained as the Papuan Congress concluded 19 October 2011. An assault on the entirely peaceful gathering by Indonesian security forces led to the death of at least three participants and the beating of many more. No security forces have been prosecuted for that assault.

Six people have been detained since October 19, 2011; five of the six face charges of subversion under Section 106 paragraph 53 and 55 of the Indonesian Criminal Code. The use of these charges to suppress peaceful dissent date back to the Dutch colonial times and have frequently been employed by the Dutch, the Suharto dictatorship and even successive democratic regimes. The provisions violate Indonesia's obligations under the International Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights as well as the Universal Declaration of Human Rights.

The six detainees are: Forkorus Yaboisembut, Dominikus Surabut, Edison Waromi, Selphius Bobii, Agus Sananay, and Gat Wenda. Five of the six are charged with subversion: Wenda is only charged with carrying a concealed weapon.

The United States State Department publicly called on Indonesia to "ensure due process" and to observe its "international legal obligations for those indicted." The U.S. also urged Indonesia to "work with the indigenous Papuan population to address their grievances, resolve conflicts peacefully and support development in the Papuan provinces."

The United States "recognizes and respects the territorial integrity of Indonesia within its current borders, which include the provinces of Papua and West Papua," the spokesperson added.

Human Rights Watch (HRW) has demanded that Indonesia drop the charges against the five Papuans. The New York-based rights group said Indonesian security forces had used "excessive force" including batons and firearms to break up a pro-independence assembly in the provincial capital Jayapura last October, killing at least three people and injuring more than 90. HRW noted the injustice that while eight police officers were let off with written warnings for disciplinary infractions, the five Papuan leaders are charged with treason. "The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists," the group's Asia deputy director Elaine Pearson said in a statement. "It's appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views," she added. Pursuing the trial would "only deepen the resentment that many Papuans feel against the government", Pearson said.

HRW also urged Indonesia to release at least 15 other Papuans, including independence leader Filep Karma, and about 60 others mostly Maluku activists, over "peaceful acts of free expression." Rights groups accuse Indonesia of gross human rights abuses in Papua, a Melanesian-majority region rich in natural resources where poorly armed rebels have been fighting for independence for decades. Jakarta denies the allegations but severely limits access by foreign media or aid workers into the remote eastern province to conduct independent inquiries.

More than 100 people are currently imprisoned in Indonesia for peacefully promoting separatism in Indonesia, most of them from Papua or the eastern Maluku islands, according to Human Rights Watch.

---

WPAT EXCLUSIVE: KopassusOrganizes Propaganda Offensive Targeting U.S. and Other International Interests Regarding West Papua

Indonesia's Special Forces (Kopassus) organized a week-long training program for two dozen bloggers and journalists at their headquarters in Jakarta late November, 2011. Trainees were warned about alleged foreign interference in West Papua, including by the U.S. and other governments. According to its website, the Indonesian Association of Citizen Reporters (Persatuan Pewarta Warga Indonesia, PPWI ), jointly organized the training with Kopassus Group III/Sandhi Yudha or the 'Secret War' group. The group has a section called the 'Papua Desk.'

The PPWI website shows Kopassus group commander Col. Izak Pangemanan shaking hands with Wilson Lalengke, PPWI chairman. According to some trainees' Facebook accounts and the syllabus, the training included several components including one about separatism in West Papua. A trainee Facebook account showed Kopassus had also recently sent around 250 officers to Papua.

	Kopassus group commander Col. Izak Pangemanan shaking hands with Wilson Lalengke, PPWI chairman

Mahar Prastowo, a PPWI deputy chairman, played a central role by liaising with Kopassus for the program, where he gave a talk about Papua, saying that he had approached Forkorus Yaboisembut, the chairman of the Papua Customary Council, and Buchtar Tabuni, the chairman of the West Papua National Committee.

Trainees came from Java, Sumatra, Kalimantan and Sulawesi, but included no Papuans. The training program was intended to counter international news reporting about West Papua which is seen as critical of Jakarta policy and Indonesian military conduct in West Papua.

At the training, Mahar Prastowo contended that the United States is stirring unrest in West Papua. He cited President Barack Obama's decision to deploy 2500 marines to Darwin, Australia. Prastowo also said there is a "paradigm shift" in suppressing independence movement in Papua. He encouraged the PPWI trainees to get involved in the information war. On his Twitter feed (@maharprastowo), he criticized mining giant Freeport McMoRan which he said had taken out most of the gold and copper from Papua's Grasberg mine, while only giving Indonesia only one percent of the income.

Prastowo told the trainees to help create "a common enemy" of the Papuans and the Indonesians. Prastowo described this common enemy as "ABDA," representing American, British, Dutch and Australian interests. Trainees were encouraged to use their Twitter, Facebook and blogs to fight "foreign agents in Papua. On his Facebook account "Mahar Writerpreneur," he uploaded a cartoon of four Caucasian men, supposedly to represent ABDA, eating resources from the Grasberg mine.

PPWI chairman Wilson Lalengke has issued 100 PPWI press cards for Kopassus officers. The training program was mainly financed by the Ministry of Defense. In addition to the training assistance, Kopassus will help bloggers and journalists cover Papua by providing logistical support to include transportation.

Prastowo's blog indicates that he has some sort of an association to the Jakarta-based Islam Defenders Front (Front Pembela Islam, FPI). He posted some FPI announcements. The hardline FPI for years has engaged in thuggish attacks on businesses and others it does not approve of. The FPI is believed to have official backing.

In late December, FPI chairman Habib Rizieq Shihab and Islamist politician Muhammad al-Khaththath visited the Ministry of Defense, demanding the ministry to take stern actions against "Papuan separatist." They also threatened to wage jihad in Papua.

Another Facebook account says that PPWI is also planning to publish a tabloid in West Papua.

---

Human Right Watch Annual Report Describes Worsening Rights Environment in West Papua

In its annual review of human rights observance and violation around the world, Human Rights Watch focused significantly on developments in West Papua. West Papua related excerpts follow:

In August internal military documents - mainly from Kopassus, Indonesia's special forces -were made public, exposing how the Indonesian military monitors peaceful activists, politicians, and religious clergy in Papua. The documents show the deep military paranoia in Papua that conflates peaceful political expression with criminal activity. Several of those named in the documents as targets have faced arrest, imprisonment, harassment, or other forms of violence.

Access to Papua in 2011 remained tightly controlled. Few foreign journalists and human rights researchers can visit independently without close monitoring of their activities. Since October the vice president's office has set up the Unit to Accelerate Development in Papua and West Papua, which is focused on economic development. Its board members include some veterans of peace talk over Aceh.

In July over 500 representatives of Papuan civil society met at a peace conference in Jayapura, organized by a government-funded peace-initiative network.

Violence in Papua worsened in July and August with several unrelated attacks in which more than two dozen people were killed or seriously injured. Seventeen people were killed in Puncak Jaya in July when two rival political camps clashed in an election dispute.

In Puncak Jaya there has been a long insurgency between the Free Papua Organization (OPM) and the Indonesian military. The OPM commander in Puncak Jaya claimed responsibility for several attacks against the Indonesian military in July, including one in which an Indonesian military chopper was shot down, injuring seven soldiers and killing one.

In October security forces used excessive violence when arresting more than 300 Papuans involved in a three-day Papuan Congress. At least three men were killed and more than 90 were injured. Six Papuan leaders were charged with treason.

International Journalists Underscore Security Targeting of Journalists in West Papua

Reporters Without Borders released its Press Freedom Index 2011-2012 on near the end of January, in which Indonesia dropped 29 places from a year earlier to 146th. The reason for Indonesia's slip in the ranks, according to the organization, was largely due to cases of journalists in West Papua being killed, kidnapped and assaulted.

Bambang Eka Cahya Widodo, chairman of Indonesia's Elections Supervisory Board (Bawaslu), told mediathat journalists were sometimes targeted because of their election coverage. He cited the case of a journalist in Merauke, Papua, who was stabbed while reporting on an electoral dispute there last year.

WPAT Comment: The United Nations, foreign officials and human rights organizations have long been critical of Indonesia's ongoing efforts to prevent international monitoring of human rights violations in West Papua. The measures employed by Jakarta include restrictions on travel to and within West Papua by international journalists, human rights monitors and humanitarian agencies. The International Committee of the Red Cross remain banned from re-opening its offices in West Papua. But perhaps the most insidious tactic employed by Jakarta is the targeting of Indonesian journalists and human rights workers by Indonesian security forces. Reporters Without Borders has performed an important service in drawing attention to security force intimidation, brutalization and murder of Indonesian journalists.

Military Officers Arbitrarily Arrest and Torture Civilians Based on False Claims of Rebel Activity

The Asian Human Rights Commission, January 26, issued an urgent appeal (Urgent Appeal Case: AHRC-UAC-005-2012) regarding the Indonesian military's brutalization of a dozen Papuans, including three local activists, in Kurulu, West Papua, in early November 2011. The assault on these civilians was related to unsubstantiated claims of rebel activity in the area. In an appeal to the international community, the AHRC noted that civilians are "frequently victimized based on arbitrary allegations of rebellion, and subsequently tortured."

Members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality.

The incident followed a false allegation initially passed to a pro-Jakarta militia of a meeting between the Papuan armed resistance OPM and villagers from Umpagalo village in Kurulu district. Local military personnel of the 176/ Kurulu military headquarters reacted to the unsubstantiated report by going to Umpagalo at around 11pm. "They beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times."

The troops then transported the victims to the 176 military headquarters and after several hours delay, they were released without charges. The victims? colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint claiming there was no substantial evidence to prove the allegations. More importantly, the police have no capacity to investigate or prosecute military personnel under terms of the law on military courts (Law No. 31 of 1997).

The AHRC observed that security force use of torture against indigenous Papuans is widespread, often targeting persons suspected of supporting independence movements. "Such suspicions are often leveled arbitrarily against members of the indigenous community and result in stigmatisation." AHRC added: "according to the law on military courts, members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality." AHRC called for a joint investigation of the incident by the Indonesian military (TNI) and the National Human Rights Commission (Komnas HAM).

Interpol Lends Its Resources to Indonesian Efforts to Silence Dissident

Interpol has issued a "red notice" for Benny Wenda, a prominent Papuan dissident who has been granted asylum in the U.K. on political grounds.

The Interpol action against Wenda is similar to other actions targeting prominent dissidents legally living outside their home countries. The Interpol alert system is increasingly being employed to serve the interests of often repressive regimes seeking to silence their critics.

A lawsuit alleging that some oppressive regimes are using Interpol's alert system to harass or detain opponents is being planned by rights activists and lawyers in the United Kingdom. Campaigners say that some government fabricate criminal charges against those who have taken refuge in other countries and then seek their arrest through Interpol "red notices."

The notices are meant to alert member police forces that an Interpol member state has issued an arrest warrant, but some countries will take seize suspects based on the "red notice" alone. There are about 26,000 outstanding.

Trans-Papua Road Planned

According to the Jakarta Post, Indonesia's Public Works Ministry is allocating Rp 3.6 trillion (US$399 million) to build a "Trans-Papua Highway." Planned road construction would be among the largest undertaken in Indonesia. he aim of the Trans-Papua Highway is purportedly to connect isolated areas in Papua's central highlands to Wamena, Habema, Kenyam, and Batas Batu, as well as the Asmat regency on the south coast. The plan would also include two other road projects within the "Master Plan for Acceleration and Expansion of Indonesian Economic Development" (MP3EI), involving roads linking Timika in the Mimika regency and Enarotali in the Paniai regency, and those linking Merauke with Tanah Merah in the Bouven Digoel regency. Government spokespersons claim that the government aims to build 70 percent of a total of 3,100 kilometers of national road in Papua and West Papua by 2014.

WPAT COMMENT: Such massive road development poses both positive and negative consequences. Improved access to markets for local farmers and industries could be a boon to isolated Papuan villages and towns. Papuans generally will also benefit from improved access to essential services and employment opportunities often lacking in rural areas of West Papua. On the other hand, such road development also expands the opportunity for illegal enterprises, particularly illegal logging operations, to exploit Papuan natural resources. The Suharto dictatorship often boasted of "road development" in occupied East Timor. In fact, road network expansion was largely aimed at facilitating military access to exploitable resources and expanding military operations into the hinterlands.

Jakarta Abuses Papuans Through Denial of Essential Services

The failure of the Indonesian government to provide essential health services to the Papuan population of West Papua has been repeatedly documented and, arguably, leaves the Jakarta government open to charges of ethnic genocide. This calculated, malign neglect in the area of basic health services extends to provision for education. A revealing January 31 Jakarta Globe report notes that Papua's illiteracy rate among those aged 15 years and under was 32 percent, the highest in the nation, according to data from the Central Statistics Agency (BPS) in 2010. That figure has increased steadily since 2007, when it was 25 percent, going up to 28 percent in 2008 and 30 in 2009.

The failure of the Indonesian government to provide essential health services to the Papuan population of West Papua has been repeatedly documented and, arguably, leaves the Jakarta government open to charges of ethnic genocide. This calculated, malign neglect in the area of basic health services extends to provision for education.

The Globe report, by Banjir Ambarita and Mary Anugrah Rasita, underscores that the Jakarta government's failure to educate young Papuans is not only a problem in remote rural areas. The reporters visited a state elementary school in Jayapura (Port Numbay) and found extensive illiteracy. Nella Manaku, headmaster of Holtekamp Elementary School acknowledged that 50 percent of the students there could neither read nor write. The reporters observed that many fifth- and sixth-grade students were just at able to be taught how to write.

The headmaster blamed the high illiteracy rate on a lack of teachers at saying that were just five instructors for the more than 100 students. Moreover, "Three of them are permanent and the others are contract teachers, but they rarely show up for work," he said. He explained that he had repeatedly applied to the Jayapura Education Agency for more teachers, but to no avail. "For several years now we've been asking for help, but there's never been a response from the authorities," he said. Kayus Bahabol, a provincial legislator, told the Globe that the high illiteracy rate was not the only issue the school was dealing with. "Educational facilities here are badly lacking.... Livestock wander all over the place and leaving their droppings everywhere," he said.

Kenius Kogoya, another provincial legislator, said the Holtekamp case was just the tip of the iceberg. "If things can get this bad at a school in Jayapura, a major city, imagine what it's like at schools in rural areas," he said. "The government always likes to claim that regional autonomy has been a blessing for development in Papua, but this is highly questionable."

Arief Rachman, an education expert who chairs the National Commission for UNESCO, agreed that the low level of development in the province was the main culprit for the high illiteracy rate. Darmaningtyas, an education expert from the Taman Siswa school network, told the Globe that the problem of teacher shortages was a long-standing one in Papua. He urged the government to give priority to infrastructure development to improve the distribution of books and other school supplies across Papua, "because right now we lack the channels to get the appropriate reading materials to the students there."

Plans Advance to Create Central Papua Province

Media reports reveal that the Indonesian government is moving forward with plans to create a new province in the western portion of the island of New Guinea controlled by Indonesia. According to a January 20 report in the Cenderawasih Pos Jakarta the central government is moving forward with the creation of "Central Papua" sometime in 2012. The province will have 10 districts: Supiori, Biak Numfor, Yapen Islands, Waropen, Nabire, Dogiyai, Deiyai, Intan Jaya, Paniai and Mimika.

The formation of a new province re-opens a contentious legal and political debate over the division of the land Papuans consider "West Papua" into two entities, Papua and West Papua a decade ago. That division was described as illegal by the Indonesian courts but inexplicably was allowed to stand as a fait accompli. Many Papuans have resisted the division of Papuan territory, arguing that the action fails to take into account their political aspirations, in particular, their pursuit of self determination. Moreover, Papuans and many observers have argued that the creation of new administrative subdivisions absorb funds that are critically needed to provide essential services in the areas of medical care, education and social/cultural development. Rather, they argue, creation of new administrative entities amounts to top-down development which favors creation of massive new "development" undertakings which advantage corporate interests, usually to the grave disadvantage of local development.

Creation of such new administrative entities also creates "perches" for the expansion of the security force establishment, further diverting funds and broadening and deepening the militarization of Papuan lands.

Source; http://etan.org

Read More

West Papua Report August 2011

Press Release – West Papua Advocacy Team

This is the 88th 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 …West Papua Report August 2011
This is the 88th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary: Thousands of Papuans peacefully took to the streets August 2 to support calls for a referendum on West Papua’s political future. The demonstrations proceeded despite the presence of armed security forces intended to block the demonstrations and the presence of Jakarta-backed militia provocateurs. Violence erupted near Jayapura and in Puncak District on the eve of the demonstrations. Over 50 international organizations publicly called for the Indonesian government to respond positively to appeals by Papuan NGOs and churches for justice, an end to human rights violations in West Papua, and protection of human rights advocates and journalists. WPAT called on Secretary Clinton to raise with Indonesian officials the ongoing military sweep operations in Puncak Jaya, West Papua. These operations have had devastating affects on innocent Papuan civilians. Secretary Clinton called for dialogue to settle disputes over West Papua. Her repetition of US Government support for “special autonomy” made clear that the Obama administration is deaf to the voice of Papuans who have rejected “special autonomy” repeatedly. Efforts by Indonesian security forces to cover-up the human cost of their military sweep operations in Puncak Jaya have failed. Komnas Ham has proposed a dialogue about violence in Puncak Jaya. A peace conference which convened in West Papua has explored the possibility of advancing dialogue with the Indonesian government. Renowned international academics, lawyers and Papuan activists will convene in Oxford to discuss the continuing denial of the right of self-determination to Papuans. The military commander in West Papua has apologized to the Papuan Kingmi church over intimidating language he employed against the church.

Contents:
• Thousands of Demonstrators in West Papua Demand Referendum
• Deadly New Violence in West Papua
• International Community Support for Papuan NGOs’ Appeals for Justice
• Letter Urges Secretary Clinton to Raise with Indonesia Brutal Military Sweep Operation in Puncak Jaya
• Secretary Clinton Supports Dialogue to Resolve Papuan Issues, but Persists in Support of “Special Autonomy”
• Security Forces Try Unsuccessfully to Block Coverage of Continuing Military Sweep Operation in Puncak Jaya
• A Dialogue about Violence in Puncak Jaya?
• Peace Conference Convenes in West Papua, Urges Dialogue with Jakarta
• “Road to Freedom” Conference Convenes in UK
• Military Commander in West Papua Apologizes for Threatening Papua Kingmi Church

Thousands of Demonstrators in West Papua Demand Referendum

Thousands of Papuans took to the streets in West Papua centers including the capital, Jayapura, to demand a referendum on West Papua’s political future. The August 2 demonstrations were planned to coincide with a conference in Oxford, England, which addressed the fraudulent 1969 “Act of Free Choice” which facilitated Jakarta’s annexation of West Papua. (see below)

The demonstrations in Jayapura have taken place despite the heavy presence of armed security forces deployed to deter demonstrators. Similar efforts by armed security forces to block demonstrations have been reported in Manokwari and other major towns such as Wamena, Biak, Nabire, Paniai, and Timika. The protests were organized by the West Papua National Committee (KNPB).

WestPapuaMedia, which has a network of reporters inside West Papua, reported that members of two pro-Indonesian militias — Besar Merah Putih and Aswain (Eurico Guterres) — have been deployed widely across the Jayapura area in conjunction with security forces. Guterres is the notorious leader of pro-Indonesia militias which worked in conjunction with Indonesian security forces to commit atrocities in East Timor in the run-up to that nation’s pro-independence referendum in 1999.

WestPapuaMedia sources also report that members of Kopassus special forces in plain clothes may also be on the streets. There are suspicions among observers inside West Papua that these forces, including both Kopassus and the militias, may be behind a spate of violent incidents that have transpired in recent days. (See following article on this violence.) This violence may have been organized as an attempt to spread fear, panic and division in order to prevent the protests going ahead.

WestPapuaMedia notes that with tensions extremely high after the violence, the organizers of the August 2 rallies across Papua have banned even symbolic traditional weapons from the gatherings. They also have worked with the Dewan Adat Papua (Papuan Customary Council) to deploy hundreds of peacekeepers from the uniformed Community Security Force of Petapa, or “The Guardians of the Land of Papua.”

Deadly New Violence in West Papua

As this edition of the West Papua Report was being finalized, there were reports of significant violence in two locations. The seemingly unrelated incidents transpired in Abepura District near the capital Jayapura and in the more remote Puncak District.

In Abepura, unidentified personnel armed with firearms, machetes and axes attacked a transport vehicle on August 1 killing four and wounding 15. All the victims in the pre-dawn attack were migrants and one was a low ranking soldier. Jayapura Police chief Adj. Sr. Comr. Imam Setiawan accused the Free Papua Movement (TPN-OPM) for the attack in which unidentified assailants sprayed a small bus with bullets as it passed through Nafri village. However, a New York Times report quoted Colonel Wachyono, a spokesperson for the Provincial police, as stating “We can’t yet conclude that it was the TPN-OPM or not.”

Fokorous Yoboisembut chairperson of the Dewan Adat Papua (Papuan Customary Council), told media that in the past such violence has been orchestrated on the eve of popular demonstrations such as those held August 2.

In the Puncak District initial reports indicated Papuans backing rival local political leaders came to blows in July 30. A total of 19 were killed according to police. Markus Haluk, the secretary general of the Central Highlands Papuan Student Association, told media that according to witnesses, police fired into the crowd killing three. The rioting rival groups reportedly accounted for additional deaths.

International Community Support for Papuan NGOs’ Appeals for Justice

Organizations based in more than a dozen countries issued a statement of support for West Papuan NGO’s and churches calling for justice and human rights. The Papuan organizations have “decried the failure of the Indonesian government to ensure justice for or protect Papuans who have been the victims of security force brutality, including extra-judicial killing, torture, abduction and imprisonment,” the statement said. The statement noted in particular that human rights advocates and journalists attempting to cover abuses have been targeted.

The international organizations expressed their “support for these courageous appeals” by the Papuan organizations and pledged “to pressure our individual governments and international organizations to press the Indonesian government to act positively and immediately on these demands for justice and the protection of human rights defenders.”

The international statement added that the “continuing violation of human rights starkly demonstrates the limits of ‘democratization’ in Indonesia.”

The statement was endorsed by 54 international, regional, national and local organizations. It was initiated by Tapol , West Papua Advocacy Team and East Timor and Indonesia Action Network (ETAN)

Letter Urges Secretary Clinton to Raise with Indonesia Brutal Military Sweep Operation in Puncak Jaya

On July 20, the U.S.-based West Papua Advocacy Team wrote to Secretary Clinton on the eve of her visit to Indonesia to urge her to raise with senior Indonesians the Indonesian military’s ongoing military operation in Puncak Jaya, West Papua. The letter noted the history of such operations which have repeatedly entailed grave harm to Papuans who have been driven from their villages. Many Papuans have died due to these operations.

The letter to Secretary Clinton noted that Papuan civil society leaders, non-governmental organizations, churches as well as ordinary civilians have long called for transformation of Papua into a “Land of Peace,” a concept that would demilitarize West Papua and end the Indonesian government’s reliance on a “security approach” to address peaceful, political dissent. The letter also reminded the Secretary that many Papuans are incarcerated in prisons due to their peaceful exercise of freedoms of speech and assembly which are denied them by the Indonesian government.

The letter concluded:
We urge you to use the opportunity of your visit to Indonesia to call on the Indonesian President to halt all military operations in West Papua and return all military personal to their barracks as a way of easing tension and saving lives. We also urge you to raise with senior Indonesians, the plight of dozens of Papuan prisoners of conscience who were jailed as result of peaceful dissent and who now face health and even life-threatening conditions in Indonesian notorious prisons.
As is unfortunately common practice, the U.S. State Department failed to acknowledge the letter in any way. Secretary Clinton however, was pressed on human rights abuse by security forces in West Papua during a press conference with the Indonesian Foreign Minister in Bali (see following item).

see also ETAN Urges Secretary Clinton to Condition Security Assistance to Indonesia on Rights

Secretary Clinton Supports Dialogue To Resolve Papuan Issues, but Persists in Support of “Special Autonomy”

During her late July visit to Indonesia to attend a regional foreign ministers’ summit in Bali, Secretary of State Clinton was questioned about repression of Papuans in West Papua. The questioning followed calls by U.S. NGO’s for her to raise Indonesian security force actions against civilians in West Papua.

Responding to a question regarding this repression Secretary Clinton stated that the United States supports “open dialogue” between the Indonesian government and Papuan representatives to address regional grievances. Secretary Clinton added: “This is a matter for the Indonesian government and they are addressing it and we hope to see full implementation of the special autonomy law for Papua, which is a commitment on the part of the Indonesian government to address many of the concerns that have been expressed.” Clinton also reiterated United States support for the territorial integrity of Indonesia.

For his part, Indonesian Foreign Minister Marty Natalegawa claimed that the Indonesian government was addressing human rights concerns and that “doesn’t take an external party” to point out the country’s problems.

WPAT Comment: Secretary Clinton’s support for “open dialogue” between Jakarta and Papuans to address “regional grievances” was positive but her contention that “repression,” which was the question posed to her, was a “matter for the Indonesian government” was jarring. Was the Secretary unaware of or simply not briefed about ongoing military operations in West Papua that are harming civilians and driving many from their homes? Was she unaware of or not briefed regarding growing demands for justice and accountability in the face of decades of abuse of Papuans by military, police and intelligence forces? And was she unaware or not briefed that the “special autonomy” she touted has been broadly and publicly rejected by Papuan people, NGOs and religious leaders? Like previous U.S. administrations, President Obama and his foreign policy team are neglecting burgeoning problems of human rights abuse and unaccountable security/intelligence forces in Indonesia.

Security Forces Try Unsuccessfully to Block Coverage of Continuing Military Sweep Operation in Puncak Jaya

Police and military intimidation of journalists and organizers of a press conference forced cancellation of the event. The conference was to have provided an update on an ongoing military sweep operation in the Puncak Jaya region.

Security force efforts to block coverage of its sweep operation in the Puncak Jaya region have not been completely successful. WestPapuaMedia reported an early July incident in which the Indonesian military shot three children and a mother. All survived the July 12 attack. Ny Dekimira, 50, was hit on the right foot, and the three children, Jitoban Wenda 4, and their neighbors Dekimin Wenda, 3, and Dimison Wenda, 8, all had bullets hit their left legs after Indonesian troops fired indiscriminately into the honai (huts) just before dawn on July 14, according to local witnesses. WestPapuaMedia, which has earned a reputation for accurately reporting major developments notes further that:
Credible reports about the scale of the offensive are beginning to filter through from the remote and inaccessible area about the scale of the offensive The Indonesian government has closed off access to the Tingginambut district to both Indonesian and foreign human rights and media observers, and local activists have had to march for days across rugged terrain to get out verified information. Local human rights observers and Papuan activists have independently reported to West Papua Media that TNI headquarters staff have threatened their safety if they alert journalists to abuses carried out by Indonesian security forces against West Papuan people.
Matius Murib, deputy head of the Papua branch of the National Commission on Human Rights (Komnas HAM), confirmed the account of the four civilian victims. He added that hundreds of residents of Kalome village had fled their homes in the wake of this shooting, because they feared becoming victims of the violence.

Having failed to block coverage of developments the military has sought to deny emerging reports. Maj. Gen. Erfi Triassunu, head of the Cendrawasih Military Command, which oversees operations across Papua, said that reports of these or other civilian casualties was unlikely. “You seriously believe that in a remote and isolated area like that, with such hostile terrain, there would be people living there? Much less kids running around playing?” he said. “Honestly, I’m lost for words. This is the first time I’ve heard of this.” “We would be very surprised if there were any civilian casualties, because what would anyone be doing in such an area?”

WPAT Comment: General Triassunu’s comments would be laughable if they were not so inciting. The general, who has responsibility for the ongoing sweep operation, would appear not to know that there are civilians in the area of the operation. He also appears fundamentally unaware of the circumstances of the assault on the civilians: the wounded children were not “playing around” as the general speculates: rather, they were shot inside their homes in the pre-dawn attack by troops the general supervises.

A Dialogue about Violence in Puncak Jaya?

The Indonesian National Commission on Human Rights (Komnas HAM) (a state institution) plans to pursue dialogue with armed Papuan groups in a bid to end violence in the Puncak Jaya region of West Papua. The region is the scene of an ongoing military sweep operation that has already caused civilian casualties.

The Commission intent to pursue dialogue with armed elements and others was announced by commission deputy chairman Nurkholis who spoke to the media on July 15 following his meeting with the Cendrawasih/XVII Military Regional Commander Maj. Gen. Erfi Triassunu. Nurkholis, added that the Commission would coordinate the dialogue initiative with the Coordinating Legal, Political and Security Affairs Ministry and that the initiative would also engage all local leaders in Puncak Jaya in order to “determine the root of the armed conflict and why it continues to occur and claim victims from both the military and civilian sides.” The role of the military in the dialogue was left unclear.

If the initiative proceeds it could offer a window into the repression and human rights abuse that military sweep operations such as the one currently underway have brought about in the Puncak Jaya in recent decades. Any serious dialogue about violence in Puncak Jaya would require access to the area and to the victims of violence, something that the Indonesian military in the past has always sought to prevent.

Peace Conference Convenes in West Papua – Urges Dialogue with Jakarta

A range of Papuan organizations including religious, customary, women’s, youth, academic, student and resistance groups convened in a “conference for peace” at in Abepura at Cenderawasih University, 5-7 July, 2011.

The conferees issued a statement which emphasized that conflicts should be resolved through peaceful means and identified the following principles:
1. We declare that dialogue is the best way to finding the solution to the conflict between the Papuan people and the Indonesian Government,
2. We determine to find the solution to political, security, legal, human rights, economic, environmental and social-cultural issues in Papua by means of dialogue between the Papuan people and the Indonesian Government, mediated by a neutral third party,
3. We welcome the initiative of the central government in support of the preparatory processes for a Jakarta-Papua dialogue
The conferees also agreed on the qualities of those who should be chosen to represent Papuans in the dialogue with Jakarta and identified a list of five prominent Papuans to play that role.

Those making presentations at the conference on the theme of “Let us together make Papua a ‘Land of Peace’ included:

Djoko Sujanto, Minister-Coordinator for Politics and Law of the Republic of Indonesia

Barnabas Suebu, Governor of the Province of Papua

Bekto Suprapto, Chief of Police of Papua

General Erfi Triassunu, Commander of the Military Command XVII/Cenderawasih

Leo Laba Ladjar, Bishop of the Diocese of Jayapura

Tony Wanggai, Chairman of the Papuan Provincial Branch of NU and representative of the Papua Muslim Council

Sokrates Sofyan Yoman, Chairman of the Synod of the Alliance of Baptist Churches in Papua

Forkorus Yaboisembut, Chairman of the Papuan Customary Council

(WPAT Comment: Support for dialogue between Papuans and the Jakarta administration continues to grow. The formula proposed by this conference resembles the dialogue process which brought an end to most fighting in Aceh province, although with Aceh international mediators were key. It is important to keep in mind while that process yielded important agreements, Jakarta has failed to implement some of them, such as a truth commission and a human rights court. The Aceh negotiations offer both positive and negative lessons for a similar process focused on West Papua.)

“Road to Freedom” Conference Convenes

In an historic gesture of international support for Papuans right to self-determination, international lawyers and human rights activists are joining Papuans at Oxford in the UK to discuss Papuans’ political future. The meeting, convening on August 2 will be chaired by UK Member of Parliament Andrew Smith, and will include renowned academics as well as academics. Among those scheduled to speak were:

Jennifer Robinson – International human rights lawyer

Powes Parkop – Governor of Port Moresby and the National Capital District, PNG

Benny Wenda – West Papua independence leader in exile (and a leading organizer of the conference)

Frances Raday – expert Member of the UN Committee for the Elimination of Discrimination Against Women

John Saltford – historian and expert on the 1969 Act of Free Choice

Clement Ronawery – Witness to the 1969 Act of Free Choice

Ralph Regenvanu – Vanuatu Justice Minister

Charles Foster – co-founder of the International Lawyers for West Papua

The Mayor of Oxford has agreed to fly the Morning Star flag above Oxford Town Hall on the day of the conference to signal support for the conference and in solidarity with the Papuan peoples struggle.

WPAT will have more on the conference next issue.

Military Commander in West Papua Apologizes for Threatening Papua Kingmi Church

In a remarkable turnabout, the chief of the Indonesian military in West Papua has issued an apology to West Papua’s Kingmi Church in the wake of the leak of a letter which was widely seen as constituting a threat to the Papuan church and its leaders. In a July 18 media statement, West Papua Army commander Major-General Erfi Triassunu, issued a public apology to the leadership and congregation of the Kingmi Papua Church. The General wrote “if I caused any offence to the Kingmi Papua Church I am sorry.”

In the originally “secret” April 30, 2011 letter Triassunu repeats claims made by representatives of Kingmi Indonesia, an Indonesian-wide church, that Kingmi Papua is a separatist organization. Kingmi Papua and Kingmi Indonesia have long been at odds. The general acknowledged in his recent letter that he had weighed into an internal church conflict. In words widely recognized as threatening, Triassunu originally wrote of taking “assertive action.” Triassunu indicated that such action would be forthcoming if Kingmi Papua continued to pursue an independent course from Kingmi Indonesia.

Reverend Benny Giay, a leader of the Kingmi Papua church, said that in the past such aggressive talk by senior military figures often served to signal to nationalist militias to take matters into their own hands.

WPAT Comment: Such military involvement in internal church matters affecting Batak Christians in Sumatra often led to violence. More to the point, Kingmi Papua’s pastors have been killed at the hands of the Indonesian military or their militias.

(see Alex Rayfield’s article in New Matilda for broader coverage of this development. )

Back issues of West Papua Report
This issue can be found online at http://www.etan.org/issues/wpapua/2011/1108wpap.htm

etanetanetanetanetanetanetanetanetanetanetanetan

Support ETAN in 2011. Make a contribution here http://etan.org/etan/donate.htm
Thank you for your support.
http://www.etan.org

Twitter: http://twitter.com/etan009
Blog: http://etanaction.blogspot.com/
Facebook: http://apps.facebook.com/causes/134122?recruiter_id=10193810

Content Sourced from scoop.co.nz
Original url

Read More

West Papua Report, March 2011

This is the 83rd in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report via e-mail, send a note to etan@etan.org.

Summary:

Newly obtained video footage reveals Indonesian security forces, including U.S. and Australian-backed Detachment 88 personnel, brutality in operations in West Papua's Central Highlands. Indonesian NGOs and prominent Papuans have faulted President Yudhoyono's newly announced approach to dialogue with Papuans with criticism of Jakarta's failure to end human rights violations and impunity by security forces as a basis for dialogue. Papuans criticized Jakarta's selection of a limited range of Papuans as dialogue partners and have urged a role for international mediators. A prominent West African leader has announced support for West Papua's self-determination. The chair of the Papuan Peoples Council (DAP) denounced the Indonesian government's policy of transmigration. The Asian Legal Resource Center has appealed to the UN Human Rights Council to address continued security force abuse of human rights in West Papua. A Papuan political prisoner who is gong blind as a result of an attack by a prison warder needs urgent care. A report from within West Papua details land grabs by the Indonesian military and "developers" which have targeted Papuans in the Sorong area. Hamish McDonald considers Papuans' struggle for self-determination in the light of recent similar successful examples within the international community.

Contents:

New Video Footage Reveals Indonesian Military Brutality

Government's "Dialogue" Approach with Papuans Faulted

West African Leader Supports Papuan Self Determination

Chair of the Papuan People's Council Condemns Transmigration As Harmful To Local People

Human Rights Council Hears Urgent Appeal Regarding Human Rights Abuse in West Papua

Journalist Organization Chief Calls for Reporting on Human Rights in West Papua

Another Papuan Political Prisoner Denied Adequate Medical Treatment

Military and Military-Backed "Developers" Seize Papuan Lands

Analysis Considers Papuan Self-Determination Struggle in Context of Similar Recent Successful Efforts

New Video Footage Reveals Indonesian Military Brutality

Video footage released in early February reveals previously unseen Indonesian military brutality against Papuan civilians in Kapeso in 2009. The footage was released by West Papua Media and can be viewed here: http://www.youtube.com/watch?v=VD0eFA4scTo

The video shows the late May 2009 raid on the Kapeso airstrip in the village of Kampung Bagusa in Mamberamo regency by troops from Indonesia's elite police counter-terrorism unit Detachment 88 as well as other security personnel from BRIMOB and other units. Detachment 88 was created at behest of the U.S. government and receives significant U.S. and Australian Government funding and training assistance.

The footage, filmed by a Detachment 88 officer on his mobile phone, shows the immediate aftermath of a raid to retake the airfield which had been occupied for several weeks by a small armed group and a large number of villagers. The bodies of at least five dead are visible on the ground and sporadic gunfire is clearly heard. It appears that the footage was taken well after the killing took place. Footage depicting security personnel taking cover behind desks appears to have been staged to suggest the conflict was continuing.

Disturbing scenes at the end of the footage appear to show two Papuan children tied up and being forced at gunpoint to crawl along the floor by the Indonesian military. The footage continues to show them in apparent pain while the soldiers taunt them. In another scene troops are shown firing at civilians cowering in adjacent brush.

Indonesian authorities have not investigated events surrounding the Kapeso occupation and shooting of civilians by security forces.

West Papua media commented that such footage of brutal Indonesian security force actions, amounting to 'trophy footage,' is rampant among troops operating in the region.

For all media enquiries please contact Nick Chesterfield at West Papua Media on wpmedia_admin@riseup.net or +61409268978

In September 2010, East Timor and Indonesia Action Network (ETAN) and West Papua Advocacy Team (WPAT) called for suspension of U.S. aid to Detachment 88 "pending review of charges leveled against the unit for systemic human rights violations, including use of torture."

Government's "Dialogue" Approach with Papuans Faulted

The "Alliance for Papua" on February 25 issued a press statement that critiqued a government plan for dialogue with Papuans. The statement called on the government to better synchronize its plans for the dialogue with the reality of politics in Papua. (See below for composition of this NGO alliance.)

The initial government approach calls for two presidential assistants to engage in dialogue with Papuans who would be represented by the Papuan branch of the National Human Rights Commission (Komnas HAM), the Papuan People's Council (MRP), and the churches. The two presidential assistants are Bambang Darmono and Farid Husein.

The Alliance for Papua urged that the government to create appropriate conditions for dialogue by undertaking to "consistently protect and comply with the basic rights of the Papua people by ensuring that there is no repetition of violations of Papuan human rights." The alliance also urged that the government review the presence of the TNI security forces and the undercover security operations "that continue to occur."

According to the alliance, the government also should not proceed with the election of members of the MRP (Majelis Rakyat Papua, Papuan People's Council). The MRP is an institution that was mandated by Papua's special autonomy law (OTSUS). The vast majority of the Papuan people have declared that OTSUS has failed "because it has not taken sides with, given protection to, empowered and fulfilled the basic rights of the indigenous Papuan people."

The alliance points out that the government has nevertheless pressed ahead with the election of a second-term MRP in 15 districts of Papua. The second-term MRP is due to be sworn into office soon. The alliance objects to proceeding with the seating of the MRP because the election of MRP members "has not been transparent and has failed to comply with the [mandated] electoral stages." The alliance also contends that the counting of the votes has been deeply fraudulent.

The alliance argues that seating the fraudulently elected MRP members "will only reinforce the Papuan people's sense of disappointment towards a government that lacks any understanding and has shown no respect for local Papuan feelings."

For his part, the outgoing chairperson of the MRP, Forkorus Yoboisembut criticized the government approach to dialogue by arguing that those Papuan groups that the government has announced as dialogue partners are not representative of the people because they don't fully understand the Papuan problem. He contended that the government approach to dialogue would amount to the government talking to itself " because they are all within the same system, and this would solve nothing." He urged instead that the dialogue be with DAP (Dewan Adat Papua, Papuan Traditional Council) , the Papuan resistance (OPM), the Papuan parliament, and other Papuan groups.

Separately, the executive director of LP3BH,Yan Christian Warinussy said a neutral party should mediate the Jakarta-Papua talks, He suggested an international group such as the Henri Dunant Centre or a foreign country with experience in handling conflict resolution, including Aceh.

WPAT Note: The Alliance for Papua in Jakarta was set up as an expression of solidarity with humanitarianism, in support of fellow human beings in their struggle for justice and truth. The Alliance includes KontraS, ANBTI, IKOHI, Imparsial, Foker LSM Papua, Setara Institute, HRWG, Komnas Perempuan, FNMPP, IPPMAUS, Forum Papua Kalimantan, PGI, Walhi, JIRA, LBH Pers.

West African Leader Supports Papuan Self Determination

WestPan, Canada's West Papua Action Network, reports that the President of Senegal Abdoulaye Wade has become the first African leader to publicly back West Papua's bid for self determination, stating that "West Papua is now an issue for all black Africans."

His comments came in late January during a conference in Senegal's capital Dakar, attended by Benny Wenda, a West Papuan activist who was granted political asylum by the British Government in 2003. Benny Wenda addressed the audience, telling them about the situation in his homeland. Following his address Wenda presented the President with a Papuan headdress, and was warmly embraced by him. The President then addressed the audience, urging all African nations to take attention to the West Papua issue and do whatever they can to help.

In 1969, when Indonesia, with the backing of the United States, sought UN approval for its annexation of West Papua through the fraudulent "Act of Free Choice," it encountered significant resistance in West Africa where the memories of colonialism were still strong.

Papuan People's Council Condemns Transmigration as Harmful to Local People

Responding to a report that the government plans to send more transmigrants to Papua, the chair of Dewan Adat Papua (Papuan People's Council) Forkorus Yoboisembut https://lists.riseup.net/www/arc/reg.westpapua/2011-02/msg00051.html asserted that continuation of transmigration would transform the Papuan people into a minority in their own lands and trigger conflicts. "'As the representative of the adat (traditional) people in Papua, I reject the transmigration program which fails to safeguard the position of the local people," he said.

Forkorus's statement came after media reports that the central government has allocated Rp 600 billion to pay for the transmigration of people from Indonesia to a number of so-called "under-populated" places in the Indonesian archipelago, including Papua. https://lists.riseup.net/www/arc/reg.westpapua/2011-02/msg00068.html

"I hope the central government will consider this matter carefully because the transmigration program to Papua has already resulted in the marginalization of the indigenous people in the context of (so-called) development work," Forkorus stated.

Forkorus said that the location of transmigrants in many places in Papua has made it difficult for the local communities to preserve their own culture and lifestyles. Development of more luxurious migrant lifestyles, he explained, intensifies the marginalization of the local people.

In addition, because the government has lavished attention on the transmigrants, feelings of envy emerge.

Forkorus also noted that Papuans' marginalization in their own homeland is evidenced by the cat that vast majority of those now running the economy are non-Papuans. Forkorus added that Papuans are not yet able to compete with the newcomers in economic affairs.

(WPAT Comment: Papuans rank at the bottom in Indonesia in terms of central government provision of health care, education services and employment creation. In the province of West Kalimantan, decades of central government driven "transmigration" has transformed the indigenous Dayak into a minority in their homeland and led to conflicts, particularly with Madurese transmigrants, along the lines of Forkorus's concerns. The policy, abandoned during the Suharto dictatorship due to international condemnation, has been resumed under the Yudhoyono administration despite criticism that it is tantamount to ethnic cleansing.)

Human Rights Council Hears Urgent Appeal Regarding Human Rights Abuse in West Papua

On February 22, the Human Rights Council heard an urgent plea from the Asian Legal Resource Center (ALRC) regarding worsening human rights abuse in West Papua and the impunity accorded perpetrators of that abuse. The statement said in part:

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

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

The ALRC statement recounts two of the more flagrant examples of abuse and impunity where military personnel were videoed beating and torturing Papuan civilians (see West Papua Report December 2010). Those prosecuted for this received minimal sentences. The ALRC statement comments:

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

The statement underscores the inadequacy of the Indonesian military and civilian court systems for addressing the continuing abuses:

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

Furthermore, the country's penal code does not include torture as a crime. This means that members of the police that commit torture remain immune from criminal prosecution. Indonesia is therefore failing to comply with its obligations under the Convention Against Torture. Indonesia ratified the Convention against Torture in 1998, but the use of torture is still widespread and systematic...

The ALRC urgently calls for remedial action by the Indonesian government:

Jakarta must ensure that the security forces halt the use of excessive force and violence-based strategies in dealing with security-related issues in Papua. Allegations of human rights violations must be investigated and any lacuna in legislation and due process must be addressed. For example, torture must be criminalized in line with Indonesia's international obligations under the Convention Against Torture. Military personnel who are alleged to be responsible for human rights violations against civilians must be tried in civilian courts.

The ALRC also recommended that the Indonesian government undertake steps to reduce tensions and address outstanding injustice:

...the ALRC urges the Indonesian government to heed the call for dialogue made by the Papuan indigenous community and avoid a

further deterioration of the conflict in Papua. Finally, the ALRC calls on the Indonesian government to release all Papuan political prisoners,

in order to show its commitment to a new path towards peace, security and human rights in Papua.

The ALRC underscored the role and responsibility of the international community in addressing the ongoing abuses and impunity:

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

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

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

Journalist Organization Chief Calls for Reporting on Human Rights in West Papua

The chair of the the Papua chapter Alliance of Independent Journalists (AJI) speaking in Jayapura, urged the press in Papua to regularly monitor cases of human rights violations in Papua, according to a report published in February 11 JUBI and translated by TAPOL.

AJI's Victor Mambor emphasized the importance of the media reporting the human rights situation in Papua saying this can help reduce acts of repression against the civilian population.

He added that many reports about human rights in Papua were only available from NGOs active in the field, and these were frequently quoted in reports that appear in the media. He stressed the importance in ensuring that these reports are accurate and credible. Journalists should provide the appropriate references to make it easier for others to investigate the violations that occur.

WPAT Comment: Reporting on human rights violations in West Papua, particularly in instances where the TNI or police were involved, pose risks for journalists. Manokwari area reporter Ardiansyah Matra was murdered in July 2010 following his investigative reporting regarding police and military coercion targeting civilians in the development of the MIFEE plantation project in Manokwari. AJI has been active in following up on this case. Government restrictions placed on foreign journalists and NGO personnel impede their access to West Papua and reporting on human rights in the region.

Papuan Political Prisoner Denied Adequate Medical Treatment

New concerns have been raised about the inadequate medical treatment afforded Papuan prisoners of conscience Ferdinand Pakage. He is going blind following a beating by prison authorities in 2010.

Peneas Lokbere, chair of SKPHP HAM Papua (Solidarity for the Victims of Human Rights Violations in Papua), told JUBI that his organization is continuing to press for medical treatment for Ferdinand Pakage. "We will continue to fight for treatment after he was struck in the eye by an official of the Abepura Prison. This caused his eye to bleed and he is now not able to see any more with this eye" said Lokbere.

SKPHP is working with Pakage's family to press the prison authorities to speed up medical attention to his condition. Lokbere explained that his organization has been demanding treatment for Pakage since last year, when they sought permission for him to go to Jakarta where treatment is available. However, according to Lokbere, Prison Director Liberti Sitinjak refused permission for any transfer of Pakage out of West Papua. Lokbere noted that in 2010, Pakage was told by a doctor at the West Papua General Hospital in Dok II say that he needed to have an operation in Jakarta. The doctor said that his eye was badly damaged and that even if he does get medication in Jakarta, he will continue to be blind.

Pakage was assaulted by prison warders Alberth Toam, Victor Apono and Gustaf Rumaikewi while in detention in Abepura. Toam struck the blow that injured Pakage's eye. None of the warders has been held responsible for this assault. Pakage is now held in custody with common criminals, including those convicted of violent crimes.

Military and Military-Backed "Developers" Seize Papuan Lands

A Sorong-area leader has illegally transferred Papuan tribal lands to the Indonesian military (TNI) and to non-Papuans. The transferred land is vitally important, affording resources that are key to Papuan survival. Victims include Papuans belonging to various clans and tribes including the Osok, Mambringofok Idik and Fadan peoples in Klamono and Semugu and Kalaibin among others. The TNI has employed terror and intimidation targeting local Papuans to enforce the land transfers. The land sites are located along the Sorong to Klamono road at kilometer markers 16, 38 and 49 in the western end of the territory.

The military and non-Papuan developers will exploit the land for military base construction and oil palm plantation development. Specifically, local District Chief (Regent) Stefanus Malak provided land to the navy at km 16 and to the army at Km 38 to build a bases (the latter land belongs to the Semugu clan). Land was also transferred to the TNI, without tribal consent, at Km 49. This site will be used by the TNI to develop a palm oil plantation.

Seizure of land by the TNI, especially through use of force, violates various international obligations undertaken by Indonesia including the UN Declaration on the Rights of Indigenous People Article 30:

"1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed to or requested by the indigenous peoples concerned.

"2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities."

Analysis Considers Papuan Self-Determination Struggle in Context of Similar Recent Successful Efforts

The Sydney Morning Herald on February 26 published an analysis comparing Papua's struggle for self-determination with some recent anti-colonial struggles. "A Worm Inside the New Indonesia" by veteran journalist Hamish McDonald draws on the experiences of south Sudan and Kosovo, two emerging nation states as potential models for West Papua. McDonald, former Foreign Editor of the Herald with extensive experience in Indonesia, concludes that these developments have had the effect of rendering "respect for the territorial integrity of states and post-colonial boundaries somewhat tattered."

Indonesia has long insisted that the international community affirmatively express public recognition of its "territorial integrity" in the context of West Papua. Similarly, Indonesia once demanded international recognition of its territorial integrity to include its annexation of East Timor, though with less success.

McDonald cites Akihisa Matsuno of Osaka University as suggesting that between Kosovo and southern Sudan, the later would appear to offer a more applicable precedent for West Papua. Sudan became independent in 1956 from British rule, but has been in civil war most of the time since. A 2005 peace agreement finally conceded a referendum on independence by the south. This suggests to Matsuno that a lack of integration between territories ruled by the same colonial power can justify a separate state. McDonald writes that ''this means that colonial boundaries are not as absolute as usually assumed.''

There is a broad international consensus that the 1969 Indonesian annexation of West Papua was in violation of its UN mandate to administer the territory and entailed a transparently fraudulent referendum, the "Act of Free Choice." McDonald writes that Richard Chauvel, an Indonesia scholar at Melbourne's Victoria University, described West Papua as Indonesia's ''Achilles' heel'' and the conference. Chauvel argued that, notwithstanding Indonesia's democratic progress since the fall of the Suharto dictatorship, West Papua remains "Indonesia's last and most intractable regional conflict.'' As such, Chauvel contends, ''Papua has become a battleground between a 'new' and an 'old' Indonesia. The 'old' Indonesia considers that its soldiers torturing fellow Indonesians in a most barbaric manner is an 'incident'. The 'new' Indonesia aspires to the ideals of its founders in working towards becoming a progressive, outward-looking, cosmopolitan, multi-ethnic and multi-faith society.''

McDonald concludes that, as demonstrated by the ongoing developments in the Middle East, "the new media make it harder and harder to draw a veil over suppression. In the Indonesia that is opening up, the exception of West Papua will become more glaring."

Back issues of West Papua Report

etanetanetanetanetanetanetanetanetanetanetanetan

Support ETAN in 2011. Make a contribution here http://etan.org/etan/donate.htm

Thank you for your support.

John M. Miller, National Coordinator

East Timor & Indonesia Action Network (ETAN)

PO Box 21873, Brooklyn, NY 11202-1873 USA

Phone: +1-718-596-7668 Mobile phone: +1-917-690-4391

Email: john@etan.org Skype: john.m.miller

http://www.etan.org

Twitter: http://twitter.com/etan009

Blog: http://etanaction.blogspot.com/

Facebook: http://apps.facebook.com/causes/134122?recruiter_id=10193810

Read More