|
 |
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
| |
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.
| |
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.
| |
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.
|