This is the 46th in a series of monthly
reports that focus on developments affecting Papuans This
series is produced by the non-profit West Papua Advocacy
Team (WPAT) drawing on media accounts, other NGO assessments
and analysis and reporting from sources within West Papua.
This report is co-published by the East Timor and Indonesian
Action Network (ETAN) Back issues are posted online at
http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund
McWilliams at edmcw@msn.com.
Summary:
Senior US Congress Members Call for
UN-mediated Dialogue on West Papua
Two
senior members of the US Congress have called on
UN Secretary General to take action to address human
rights abuse in West Papua. The February 14 letter
expressed "deep and growing concern regarding rising
reports of human rights violations in West Papua."
The two Congressional leaders, East Asia and Pacific
Subcommittee Chairman Eni Faleomavaega and third ranking
International Relations Committee member Donald Payne
noted that the rights violations came "against a backdrop
of decades of abuse by Indonesian security forces
targeting the Papuan people."
Excerpts of the letter follow: (for full text of letter,
see http://www.etan.org/news/2008/02wpap.htm) "The
upsurge in violence has come on the heels of the June 5
-12, 2007 visit to
West Papua by Special Representative of the
Secretary-General, Ms. Hina Jilani. These threats and
harassment appear to be specifically focused on Papuans
who met with Special Representative Jilani. In her
report to you, Ms. Jilani noted "harassment and
intimidation" of human rights defenders. Moreover, as
noted by Ms. Jilani, security forces in West Papua enjoy
impunity from prosecution for human rights abuse and
corruption. Juan Mendez, UN Special Advisor on the
Prevention of Genocide, described, in 2006, West Papua
as being among those countries whose populations were
'at risk of extinction'."
"We are also concerned about the tight
restrictions placed upon journalists, human rights
activists and diplomats trying to obtain access to West
Papua. As you know, nongovernmental organizations, the
media and foreign officials can act as witnesses to and
bulwarks against human rights abuses as well as agents
of change. So, the failure of these individuals to gain
unobstructed access to the country hinders Papuans'
stories of human rights abuse, quashing of civil
liberties and inability to express their right to
self-determination from coming to the fore....
"We are also concerned that
notwithstanding assurances by Indonesian President
Susilo Bambang Yudhoyono that his administration would
address long standing Papuan grievances and implement
Law No. 21/2001 on Special Autonomy, security and other
Indonesian central government officials in West Papua
have failed to carry out reforms.
"Understandably, Papuan officials, civil
society leaders and Papuans overwhelmingly have rejected
the failed Special Autonomy policy of the central
government. They have instead rightly called for an
internationally mediated dialogue between Papuan
officials and civil society and senior Indonesian
government officials to discuss such concerns as the
demilitarization of West Papua, Papuan
self-determination and transmigration of Javanese into
Papua.
"We welcome the recent adoption of the
United Nations' Declaration on the Rights of Indigenous
Peoples which calls for the elimination of human rights
violations and for combating discrimination and
marginalization against indigenous peoples. In that
spirit, we urge that the Security Council appoint a
senior official with responsibility to pursue the
creation of a senior level dialogue between the
government of President Yudhoyono and Papuan government
and civil society leaders to be mediated by a UN
Security Council representative."
Senior UN Human Rights Officials
Describes Conditions in West Papua
In a 28 January Report to the Human Rights Council,
Senior UN Special Representative Hina Jilani reported on
her "Mission to Indonesia." The official devoted a significant portion of her report to describing security
force intimidation targeting Papuan human rights
defenders. The report is available at
http://tinyurl.com/2byo4t . A portion of that reporting follows (paras 64 through
74):
The Special Representative visited Jayapura, capital of
the West Papua province, on 8 and 9 June 2007.
A climate of fear undeniably prevails in West Papua,
especially for defenders engaged with the rights of the
Papuan communities to participation in governance,
control over natural resources and demilitarization of
the province. The situation of these defenders does not
seem to have eased, and despite the adoption of the
Special Autonomy Law in 2001, their legitimate
activities for the protection of human rights continue
to be targeted. The Special Representative heard
credible reports of incidents involving arbitrary
detention, torture, and harassment through surveillance.
She was also informed of cases where human rights
defenders had been threatened with prosecution by
members of the police and the military. It was alleged
that when defenders had attempted to register their
complaints, that had been denied and they had been
threatened. Instances of excessive and disproportionate
use of force when policing peaceful demonstrations were
also brought to her attention.
The Special Representative is particularly disturbed by
allegations that when defenders expose abuse of
authority or other forms of human rights violations
committed by the security apparatus, they are labeled
as separatists in order to undermine their credibility.
The Special Representative believes that this trend
places human rights defenders at greater risk and must
be discouraged by the concerned authorities.
The Special Representative is also concerned about
complaints that defenders from West Papua working for
the preservation of the environment and the right over
land and natural resources (deforestation and illegal
logging) frequently receive threats from private actors
with powerful economic interests but are granted no
protection by the police. Some old and recent cases
concern direct involvement of the police and military.
Complaints were made to the police, but no action was
reportedly taken. Sometimes, the police did not even
make the effort to examine the facts. The Special
Representative reminds the Government that it has a
responsibility to protect its citizens against the
harmful activities of non-State actors.
This climate of fear has reportedly worsened since the
incident of Abepura in March 2006, where five members of
the security forces were killed after clashes with
protesters demanding the closure of the gold and copper
mine, PT Freeport. Lawyers and human rights defenders
involved with the trial received death threats. The
harassment of these lawyers and defenders around the
trial was interpreted as a warning to the community of
human rights defenders, who have decreased their
activities out of fear of harsh treatment.
Interference with freedom of movement and with
defenders' efforts to monitor and investigate human
rights violations was also reported. The Special
Representative was perturbed to hear that Komnas HAM is
prevented by law enforcement authorities from carrying
out its official duties. She was particularly
disconcerted by reports that Mr. Albert Rumbekwan,
Director of the branch of Komnas HAM in West Papua, was
intimidated and threatened on several occasions by the
police and unidentified persons in the course of his
fact-finding activities. For instance, in March 2006,
following the Abepura incident, Komnas HAM tried to
conduct an investigation into the incident but the Chief
of the local police reportedly warned Mr. Rumbekwan and
his colleagues that "if they continue the investigation,
the police will kill them". Mr. Rumbekwan tried to
explain the mandate of Komnas HAM to the officer, but
this latter threw away the documents Mr. Rumbekwan was
handing to him. Mr. Rumbekwan reported all the cases to
Komnas HAM in Jakarta, but according to him, no
assistance was provided.
The Special Representative was disturbed by reports that
international human rights monitors and journalists
entering West Papua are subject to tight restrictions
and only a few are permitted to operate, resulting in a
scarcity of information on the human rights situation in
West Papua, mostly with regard to allegations of human
rights abuses occurring in remote areas. It is worth
noting that, despite guarantees given by the capital to
allow visits to West Papua, local authorities often deny
access.
The concerns of the Special Representative regarding the
situation of human rights defenders in West Papua
persist, despite the assurance to her by the Military
Commander and the Chief of Police in Papua that there
was no institutional policy to target defenders.
According to various credible sources, an increase of
military presence has been witnessed on the island,
despite an official statement alleging the opposite.
According to reliable sources, a number of human rights
defenders with whom the Special Representative met
during her visit in West Papua were threatened and
intimidated during and after the end of the mission. On
8 June, shortly after the arrival of the Special
Representative in Jayapura, the vehicle in which Ms.
Frederika Korain and Rev. Perinus Kogoya, and Mr.
Barthol Yomen, members of the Peace and Justice
Commission for the Diocese of Jayapura (SKP Jayapura),
were driving was hit by a car driven by intelligence
officers. The Special Representative sent a
communication about this incident on 11 July 2007. The
Government however responded that "this incident was
evidently a misunderstanding that led to no injuries of
those involved. However, the perpetrators fled the scene
with only a weak excuse to exonerate culpability, but
apparently not before one of them had given his name and
his telephone number".11 The Government later gave a
detailed account of the incident, concluding that "the
exact details of the incident [had] been changed and the
events dramatized to politicize them".
On 9 June 2007, Mr. Yan Christian Warinussy, Director of
LP3BH (Lembaga Penelitian, Pengkajian dan Pengembangan
Bantuan Hukum or Institute of Research, Analysis and
Development of Legal Aid) of Manokwari, was subjected to
surveillance, and on 29 July he received threatening
text messages on his mobile phone linking his human
rights work to the separatist movement. The Special
Representative alerted the Government about this
situation in two communications sent on 11 July and 28
August 2007. The Government replied that "nothing
malefic came of this incident and investigations
thereafter have not thus far been able to establish
either a clear description or the whereabouts of the
alleged perpetrators".
The most worrying case is that of Mr Albert Rumbekwan,
who on 11 June 2007 received death threats on his mobile
reportedly stating: "You who are reporting about the
human rights situation in Papua are trying to destroy
the people. You want evidence of people being killed, I
will kill your tribe, your family and your children will
become only bones to show that there is only a zone of
peace in Papua". The Special Representative expressed
her grave concern in two communications addressed to the
Government on 11 July and 10 August 2007. The Government
responded that "[w]hile it is most unfortunate that
these incidents should occur during the official visit
of the Special Representative [.], it must be stressed
that such incidents are not the norm . over the years,
[Mr. Rumbekwan] has undertaken an increasingly high
profile role as a campaigner for peace, justice and
human rights in his region of West Papua . [t]his is
something he continues to do to date as head of Komnas
HAM in Papua and it should be noted that he has in fact
received police protection and escort since he reported
he was being harassed".14 While the Special
Representative welcomes the granting of police
protection following these threats, she remains
concerned at reports that threats against Mr. Rumbekwan
and his family persist, indicating that the measures
taken by the police are ineffective and should be
reinforced.
Papuan Religious Leaders
Describe Special Autonomy a Failure, Decry The Role of
the Military and Call for Dialogue
On February 7 seven prominent Papuan religious leaders
including Catholic Bishop Leo Laba as well as Protestant,
Muslim, Buddhist and Hindu leaders have called for
declaration of West Papua as a Land of Peace and
appealed for an internationally mediated dialogue
between the Indonesian central government and Papuans.
The leaders described the Special Autonomy Law of 2001
as a "total failure that has brought disaster and the
destruction of the native West Papuans future." The
religious leaders also described central government
division of West Papua into new provinces and districts
as illegal, specifically, in violation of the Special
Autonomy Law. These actions have, they contended,
divided tribes, failed to create new employment
opportunities and failed to advance human resource
development. Instead, they described these externally
driven efforts as "money-oriented."
Much of the religious leaders statement focused on the
role and activities of the Indonesian military. They
contended: "the policy of establishing military posts
and the stationing of Indonesian military personnel in
West Papua has violated Law No 34 year 2004 about the
Indonesian Armed Forces (TNI). The presence of military
armed force posts, Indonesian Navy posts & Indonesian
Air Force posts in all regions of Papua has disturbed
the people's peace. The decision to establish and
station military personnel was made only from one side.
In addition, the personnel appointed do not understand
the native West Papuan culture and use militaristic
approach in dealing with the Papuans. The military
personnel used separatist issues [as an excuse] to deal
with any Papuans who are critical of the military.
Militarism has entered and destroyed the civilian's ways
of life by forming militias such as the "Red and White
front."
The leaders also complained about environmental
destruction of Papuan resources as a consequence of
illegal logging, illegal fishing, illegal hunting "and
illegal distribution of alcoholic beverage which is
assumed to be backed by police and military personnel."
Because the actors are military or police personnel, the
religious leaders said, "the criminal actions were
allowed to happen and there is no legal action to punish
the actors." The leaders also condemned "the labeling of
the Papuans as OPM or separatists by the government, the
military and the police has created conflicts between
the Papuans and the government." The leaders asserted
that in fact "there is no separatism in Papua. The "OPM
(Free Papua Movement) issue" is kept and maintained and
used by the government for their own interests. In fact,
there is a strong assumption that those who claimed
themselves as members of OPM were trained and prepared
by the Indonesian military and police."
Two Prominent Papuan
Intellectuals Oppose National Parliament Bill to
Divide-up West Papua
Papuan intellectuals have expressed strong
opposition to a bill in the national Parliament that
would create four new provinces in Papua (West Papua,
Southeast Papua, South Papua and Central Papua).
Don A. Flassy, a senior researcher at the provincial
administration, contended that the Bill was opposed by
a majority of Papuans (who have not been consulted about
the action). He added that the proposal was in
contravention of Law No. 21/2001 on Papua's special
autonomy and the 2004 regional administration law, which
recognized the province's uniqueness in terms of
ethnicity, culture and territory.
Focusing on the proposed province of "Central Papua",
Flassy warned in an interview with the Jakarta Post that
its creation "would likely incite horizontal conflicts
among numerous tribes and local cultures in the future."
He explained that the presence of three separate ethnic
groups in the province could pose a serious threat to
harmony, offering as proof the prolonged conflict
between two tribes in Mimika district, part of the
proposed new province. The proposed Central Papua would
be home to about 605,000 people, 60 percent of them
indigenous Papuans. It has great potential in mining,
agriculture, forestry and tourism The proposed new
province would also be home to U.S. copper and gold
mining company PT Freeport McMoran Indonesia.
The Papuan People's Assembly (MRP) opposes the proposed
formation of the four new provinces, which it said
violated the 2001 special autonomy law for Papua. That
law requires the MRP's consent to any new province
formation. For his part, Deputy head of the assembly,
Frans Wospakrik, said the MRP and the provincial
administration had their own ideas on how Papua should
be developed into several new provinces, but Jakarta had
ignored its suggestions. Frans, also a former rector of
Cenderawasih University in Papua, said the assembly was
deeply concerned that Jakarta continued looking down on
Papuans and ignoring their desire to build a better
future.
Five Papuan District Leaders Call
for Creation of a New Papuan Province
Five District leaders in West Papua on February 18
announced their intent to form a separate province.
Their call came in the context of Provincial
district-municipality working meeting (see immediately
following item) which they walked out of. The five were
leaders from the Districts of Yahukimo, Tolikara Puncak
Jaya, Pegunungan Bintang and Jayawijaya. The districts
are located in the center of West Papua which is among
the least developed parts of the province and the scene
of repeated assaults on civilians by the Indonesian
military. Declaring that they had lost patience with
central and provincial authorities the District chiefs
said they would choose Wamena as their capital.
The leaders assessed that Indonesia's "special autonomy"
policy had not made any difference in the lives of the
people in the districts which they said remained poor
and disadvantaged in every aspect of life. They also
claimed that the Provincial level government had also
largely ignored these districts.
The five District leaders left for Jakarta on February
16 to meet President Susilo Bambang Yudhoyono, Home
Minister Mardiyanto and Commission II members of the
House of Representatives.
According to a February 20 Jakarta Post article some
residents of one of the Districts, (Pegunungan Bintang
district) have protested the formation of a new
province.
Papuan Governor Convenes
Donors
West Papua Governor Barnabas Suebu hosted a February
15-21 meeting of Papua development partners in Jayapura
under the title "Coordination and Synchronization
for People Driven Development". Participants included
several ambassadors and representatives of the World
Bank, the United Nations and a number of donor
agencies. In addition Vice President Jusuf Kalla gave a
keynote address. Five Cabinet national ministers as
well as Papuan District leaders, mayors and heads of
ministerial representative offices were also present.
A February 16 Jakarta Post op-ed by Marcellus Rantetana,
a staff member at Partnership for Governance Reform in
Indonesia, noted that notwithstanding years of pledges
by Jakarta officials and the experience of six years of
"special autonomy," there remained "a deep wealth gap"
between Papuans and residents of other province and
regions. Rantetana also noted that violations of basic
rights persisted. He added, "it has been six years since
the (special autonomy) law was passed, but the welfare
and living standards in Papua, especially for native
Papuans, have not significantly changed. Papua still
tops the list of poverty incidence, school dropouts,
illiteracy, malnutrition and many others."
The op-ed faulted the central government's failure to
meet even the most basic of human needs as being not
simply a consequence of a shortage of funds. Funds
allocated to West Papua have increased significantly in
recent years. The author asks however," how much of these
funds have been and will directly benefit Papuans,
especially native Papuans, and how much are used for
overhead." Papuan Governor Suebu has publicly noted the
imbalance between official expenditures and public
expenditures He has explained that most of the local
government funds are still used to finance
official-related activities, with only a small
proportion used for people-related expenditures.
Rantetana called on donor groups and agencies to "take
the people along," explaining that "local people need to
be empowered, their institutions need to be
strengthened, so whenever we all leave Papua in the
future, the Papuans will be able to manage their own
resources."
He further assessed the capacity of government officials
at all levels as "far from adequate to properly assume
their roles and functions, which in turn has resulted in
poor service delivery." He continued, "planning is
based on the subjective creativity of the planners
instead of the real needs of the people. Fund management
is characterized by lack of transparency and
accountability. And the people are yet to be involved in
the decision-making process."
Dutch Minister of Foreign Affairs
Pledges Dutch Embassy Will Monitor Papuan Court Hearing
The Netherlands-based Inter Faith Network on Papua
reports that during a recent meeting of the Dutch
Parliament several members expressed concern regarding
the ongoing threats targeting human rights defenders in
West Papua. During a special session focused on
Indonesia, they raised several individual cases
including those of human rights defenders Albert
Rumbekwan who has been the target of intimidation and
Sabar Olif who has been detained.
In reply to their questions, the Dutch Minister of
Foreign Affairs promised that the Dutch Embassy in
Indonesia would attend future hearings. The Netherlands
recently announced a new human rights policy, in which
the protection of human rights defenders is a priority.
The EU Guidelines on Human Rights Defenders also
specifically mention attending court cases as one of the
instruments available to European Embassies to actively
contribute to the protection of human rights defenders.
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