This is the 44th in a series of monthly
reports that focus on developments affecting Papuans This
series is produced by the non-profit West Papua Advocacy
Team (WPAT) drawing on media accounts, other NGO assessments
and analysis and reporting from sources within West Papua.
This report is co-published by the East Timor and Indonesian
Action Network (ETAN). Back issues are posted online
at
http://etan.org/issues/wpapua/default.htm Questions
regarding this report can be addressed to Edmund McWilliams
at edmcw@msn.com.
Summary
Congress Requires Reports on
Access to Papua, Military Promotions, Human Rights
Accountability
The recently passed FY2008 Consolidated Appropriations
bill (HR 2764) contains several provisions relevant to West
Papua. The bill withholds $2.7 million in Foreign Military
Financing for Indonesia until the U.S. Department of State
reports on, among other issues, steps by the Government of
Indonesia to implement "plans to effectively allow public
access to Papua" and to prosecute and punish "members of the
Armed Forces... who have been credibly alleged to have
committed gross violations of human rights in Timor-Leste
and elsewhere." The law also requires a separate report on
steps taken by Indonesia "to deny promotion, suspend from
active service, and pursue prosecution of military officers
indicted for serious crimes" and "by the Indonesian military
to divest itself of illegal businesses." Among the current
military officers who are in a sensitive assignment is Col.
Burhanuddin Siagian, senior commander in Jayapura. He faces
two indictments for crimes against humanity by the UN-backed
Serious Crimes Process in Timor-Leste. The law also sets
aside at least $250,000 for capacity-building grants to
Indonesian human rights organizations, including in Papua.
[see http://www.etan.org/news/2007/12app.htm for more
information.]
Congressman Faleomavaega
Expresses Concerns About TNI "Intimidation, Harassment and
Abuse of Papuans"
In a public letter to
Indonesian President Yudhoyono, US Congressman Eni
Faleomavaega (D-AS) candidly discussed restrictions the
Indonesian Government imposed on his recent travel to West
Papua and actions of the Indonesian military there. His
December 13 letter recalled that he had originally intended
to visit West Papua in July, but that the Indonesian
government rejected that plan over what it described as
security concerns. In good faith, the Congressman altered
his trip, in support of President SBY's efforts to implement
the provisions of the Special Autonomy Law, to coincide with
the December UN conference in Bali . It was Faleomavaega's
understanding that he would visit the towns of Biak and
Manokwari and, most importantly, the capital, Jayapura.
In his letter, the Rep. Faleomavaega spoke frankly of his
disappointment: "Having already been denied entry in July of
this year and having accommodated your request to postpone
my August visit to the last week of November, I was deeply
disappointed that upon my arrival I was again denied entry
into Jayapura and that my time was reduced from 5 days to
only two hours of actual meetings with the leaders and
people of Biak and Manokwari due to supposedly security
concerns." He also described other constraints on his
meetings: "In Biak, I met with Governor Barnabas Suebu and
other legislators, traditional and religious leaders
selected by the government. During the course of our
meeting, a highly respected traditional leader, Chief Tom
Beanal, was detained by the military, as was Mr Willie
Mandowen." He noted also that "Papuans who had gathered in
the streets in Biak were denied the opportunity to meet with
us, and U.S. Ambassador Cameron Hume and I had to force our
way through a military barricade just to meet with the
Papuan people who had to walk several miles from the airport
and wait in the hot sun because Indonesian military forces
(TNI) barred them from meeting with Ambassador Hume and
me." Faleomavaega noted that the TNI only allowed him to
meet with the people in the street for five minutes and that
he was "deeply disturbed by the overpowering military
presence," which he said he believed was "completely
unnecessary."
Rep. Faleomavaega described as "even worse" the military
presence in Manokwari. "Ambassador Hume and I were put in a
car, without any escort and with only a single traffic
police unit in front. While we do not require special
privileges, we were very aware that our delegation was not
given the necessary escort because the TNI was intent on
deceiving the Papuans who had gathered on the streets
waiting for us." After being driven along a circuitous back
road route which, he noted, posed risks of "acts of
sabotage" the U.S. party was allowed to meet with the acting
Governor for only ten minutes. The meeting was terminated
abruptly due to purported weather and security concerns.
Faleomavaega wrote that "I was told by the TNI military
leaders that Ambassador Hume and I were not welcome in
Manokwari." The TNI's hasty transport of the U.S. party to
the airport, again along back roads raised Faleomavaega's
concerns though he stressed, that he "felt no danger
whatsoever from the Papuans who were unarmed and only wanted
to meet with us." He concluded that "when I saw how heavily
armed that the TNI military was, I knew that the military
had no intention of honoring the commitment that President
SBY and I had made in Jakarta in July of this year."
The Representative described his departure from the
airport: "From the window of the plane, I saw pushing and
shoving between the heavily armed military and the unarmed
Papuans. Banners were also raised. Whether or not anyone was
hurt or arrested, I do not know but I have requested that
the Indonesian government provide me with assurances that no
arrests were made and that no one was harmed."
Congressman Faleomavaega told the media that he has asked
President SBY if he were still committed to working together
to implement the Special Autonomy Law, noting that he has
earlier told the President that he would support the Special
Autonomy Law and "work in the U.S. Congress to make sure the
Indonesian government is given every opportunity to make
good on its promises to the Papuan people based on the
understanding that this is also the consensus of the
traditional, religious and political leaders of both
provinces." He then added: "However, as long as the TNI
military forces of Indonesia continue to deny Members of
Congress real access to the provinces of Papua and West
Papua, especially Jayapura, it will be difficult for me to
support the goals of Special Autonomy when clearly the
Papuans in these two provinces are still being intimidated,
harassed and abused by the TNI."
"Likewise, he added, I do not consider two hours in Biak and
10 minutes in Manokwari as access. Until I am allowed to
visit Jayapura, as I have been promised, and until I am
allowed to meet with the people of Papua, as President SBY
and I agreed, I cannot in good conscience inform my
colleagues in Congress that progress is being made to
implement the Special Autonomy Law which has mostly remained
dormant since 2001 and, since for the past 60 years, until
President SBY's leadership, the government of Indonesia has
done absolutely nothing to help the Papuan people who only
want to be treated humanely."
The Congressman commended the Indonesian President "for his
efforts to implement the Special Autonomy Law, but added:
"whether or not we move forward is entirely up to President
SBY and those who control the activities of Indonesia's TNI
military forces."
(Note: Representative Faleomavaega was accompanied on his
trip by staff members Lisa Williams and Vili Lei.)
Rep. Faleomavaega's complete letter to SBY can be read at
http://www.etan.org/issues/wpapua/1207faleoletter.htm
At Least Four Papuans
Arrested For Attempting to Meet with US Congressman
Reliable sources in West Papua report that Indonesian
Authorities arrested four Papuans on November 27 in
Manokwari for attempting to meet with Congressman Eni
Faleomavaega during his visit to that town. Those arrested
were: Niko Asaribab, Wellem Mambbo, Abraham Ramandey and
Piter Kewati. It is not known if the four were charged or
whether they remain in custody.
International Support for
Papuan Self-Determination
In late November, Solomon Islands Prime Minister told
international media that the Melanesian Spearhead Group
(MSG), an international group of governments among
Melanesian states, can do more to advance consideration of
the self-determination aspirations of Papuans in West Papua.
Sogavare recalled that the MSG guiding principles require
member countries to assist fellow Melanesian peoples realize
statehood where possible. With the opening of the new MSG
secretariat building in Vanuatu, Melanesian media speculates
that the sub-regional grouping will step up efforts to grant
observer status to West Papuans who live under Indonesian
rule. Mr Sogavare reportedly said that the MSG could do more
to push for dialogue with Jakarta on self-determination for
West Papuans. "We've made it very very plain and clear that
if we have to push their agenda of course we take it up and
discuss it formally with the relevant authorities. That is
open and our charter clearly mandates us to do that."
The Failure of Special Autonomy:
Papuans Seek An Alternative
Octavianus Mote, a fellow at Yale University's Genocide
Studies Program, recently completed a briefing paper titled "The Failure of Special Autonomy."
The paper notes that the Papuan Traditional Council (Dewan
Adat Papua), the Papuan Peoples Council (PDP), Papuan
Governor Barnebus Suebu and the Association of Central
Highland University Students (AMP) have all concluded that
Special Autonomy has failed. Throughout 2006 and 2007,
Papuans, sometimes numbering in the thousands have
demonstrated to renounce Special Autonomy and petitioned
their representatives to inform the central government that
Papuans formally reject it.
Special Autonomy was conceived in 1999 by the Peoples
Consultative Assembly, the supreme law-making body in
Indonesia, as a means to grant broad powers to local
government officials in West Papua. Initial drafts called
for Papuans to be given authority in all aspects of
governance, except with respect to foreign policy, external
defense, financial matters and the judiciary. The autonomy
bill that was eventually passed by the Parliament in 2001
eliminated much of the initial reforms. Police and military
forces continued to operate beyond the purview of the
Governor with troop deployments strictly under Jakarta's
control. The final version eliminated key provisions related
to the independence of a regional human rights body with
powers to investigate human rights crimes and present its
findings to a Provincial Human Rights Court. Under the
legislation passed in 2001, the jurisdiction of the Human
Rights Court was extremely limited. The court lacked the
ability to prosecute abuses by security forces and
government officials. According to the initial drafts, a
bicameral system of provincial government and an indigenous
council, the Papuan People's Consultative Council (MRP) was
to be established alongside the existing People's
Parliamentary Representative Council (DPRP). When the MRP
was finally established in 2005, its role was limited to
cultural affairs with no decision-making authority.
While some provisions of Special Autonomy as passed in 2001
and signed by then President Sukarnoputri in 2002 contained
economic reforms entailing some return of funds flowing from
West Papua's lucrative extractive industries back to West
Papua, those funds have been mismanaged. Much of that
funding has gone to support creation of new Provincial and
District entities within West Papua which were created by
the central government despite the opposition of Papuan
officials and civil society.
In addressing the failure of Special Autonomy, Papuans have
sought direct talks with the central government to be
mediated by international officials. The model is the
mediation effort employed to address years of abuse and
repression in Aceh. The Papuan Traditional Council, which
represents 253 indigenous groups (tribes) has called for
such a dialogue, as has the Papuan People's Council. To
date, these calls have drawn no response from Jakarta.
Rather, Jakarta officials have announced plans to send
additional troops to West Papua and to re-launch the widely
condemned "transmigration" policies which many observers
regard as population engineering. The program, conducted
under the Suharto dictatorship, ethnically cleansed valuable
parts of West Papua by forcing the relocation of Papuans to
make way for migrants organized by the Government to
populate areas with non-Papuans.
[The full briefing can be
found at here. ]
Violations of Papua autonomy law
distress interfaith leaders (UCAN)
Religious leaders in West Papua have discussed violations of
the six-year-old autonomy law for their province and sent
recommendations to various levels of government to rectify
the situation The concerns of nearly 50 Buddhist, Catholic,
Hindu, Muslim and Protestant representatives were
articulated during a workshop on Developing Dialogues to
Create a Peaceful Papua, held Dec. 3-7 in Sentani, capital
of Jayapura district, 3770 kilometers east of Jakarta. After
discussing violations of the law that gave Indonesia's
easternmost province a degree of autonomy, the religious
representatives prepared their recommendations for local and
central government authorities.
Catholic Bishop Leo Laba Ladjar of Jayapura, a participant,
read aloud the concerns and recommendations at the
workshop's close. The text presented by the Franciscan
prelate says: "We religious leaders in Papua have
attentively watched developments in our society,
particularly the social and political dynamics. As part of
society, we have seen several practices that violate
articles of Law Number 21/2001 on Special Autonomy for Papua
province." The law, ratified by then-president Megawati
Soekarnoputri on Nov. 21, 2001, has 24 chapters and 79
articles that stipulates safeguard and empower native
Papuans in the civil, cultural, political and social
spheres. It also puts a focus on redressing inequality and
injustice in the province.
According to the religious leaders, the law has been
violated in development programs and land rights, and by the
police. They said development programs in the province have
split local ethnic groups and marginalized Papuan workers.
By dividing districts into territories, Bishop Ladjar
explained, development efforts have reduced the people's
share of ulayat (communal land) and this has triggered
quarrels among local people. The participants also charged
that possession of ulayat rights has also been given to
non-Papuans. For instance, they said, several district heads
have allowed companies run by non-Papuans to use communal
land for plantations.
The religious leaders stressed that, according to Article 76
of the law, development work should be based on
socio-cultural unity, the availability of human resources
and the local economic situation, and that Article 43
obliges the government to recognize, respect, protect,
promote and improve Papuan people's land rights, including
ulayat rights. They also said Papuans are uncomfortable
with so many police stations and non-Papuan policemen in
their midst. According to one Protestant pastor at the
workshop, non-Papuans account for 70 percent of the police
in Papua. Participants said Papuans complain that the
police do not understand their culture and cited Article 49,
which says the national police chief who assigns non-Papuan
police must take account of local culture, customs and laws.
The religious leaders concluded that local and central
governments, legislative members and the Papuan Assembly (MRP,
Indonesian acronym) have improperly implemented the law on
special autonomy. MRP is a cultural body empowered to
protect Papuan people's culture, customs and religion. The
recommendations of the religious leaders were sent on Dec.
10 to local and central governments, local and central
legislative councils, and MRP. They demand a halt to
development programs at town, district and provincial levels
and insist that MRP must consider local culture properly
before undertaking development programs. The workshop
participants also called on governments, legislative members
and MRP to draft and then ratify a special regional
regulation on the assignment of police, especially the
commando force, and to reduce the number of police personnel
and police stations in the province. The religious leaders
insisted that Papuans be assured a proper livelihood on
their own land and be the "subject" of all development
programs.
Note: The above report is derived from the Australia and
West Papua Association (Sidney) Newsletter for December 2007
(www.zulenet.com/awpa/)
Papuan Human Rights Defenders Tell
of Their Struggle for Human Rights in West Papua
"The Testimony Project - Papua," a new book now
available in English and Bahasa Indonesia tells the story of
Papuans' struggle for human rights and human dignity
through the words of 12 leading Papuan human rights
activists These personal narratives detail the indignities
and suffering of Papuans over the past two generations. Dr.
Charles Farhadian, who edited the book, explains: "The goal
in creating the book is two-fold. First, it is crucial that
Papuans get a chance to speak for themselves, rather than
being reinterpreted or silenced for any number of reasons
and by any number of people. By speaking for themselves,
Papuans demonstrate they are actors in their own right.
Second, it is equally important to provide an historical
document that records the lives of Papuans at the beginning
of the 21st century."
[The book is available through amazon.com,
ETAN or directly
from farhadia@aya.yale.edu ]
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