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WPAT and ETAN Submit Statement on the
operations of the Freeport McMoran Mine in West Papua at Senate
Hearing
On September 24, the West Papua Advocacy Team (WPAT) and the East
Timor and Indonesia Action Network (ETAN) submitted a statement
dealing with the Freeport McMoran Mine to the Senate Judiciary
Committee's Subcommittee on Human Rights and law. The hearing
focused on “Extracting Natural Resources: Corporate Responsibility
and the Rule of Law.” The summary of that statement follows:
There are few more tragic examples of the negative impact
of U.S. corporations on local peoples than the four decade
operation of the Freeport McMoran copper and gold mine in West
Papua which has entailed continuing violation of human rights
and environmental destruction: Freeport makes direct payments to
the military for “protection” while the military’s uses
provocation and may engineer incidents to justify its continued
presence. When local people protest the major social and
environmental impact the mine has had they are repressed with
force. This deadly cycle must end. U.S. policymakers can help by
demanding transparency concerning U.S. corporate activities, and
suspending military assistance until real reform occurs.
To read the full statement and to see additional documents
submitted to the Subcommittee go to
http://etan.org/news/2008/09freeport.htm.
Amnesty International Protests Torture
of Imprisoned Papuan Political Dissident
On September 25, Amnesty International issued a public statement
calling on the Indonesian Government to investigate the beating of
imprisoned Papuan political dissident Ferdinand Pakage. Pakage was
sentenced to 15 years in prison after what AI and others have
described as an unfair trial for his alleged involvement in the
violence in Abepura on 15 and 16 of March 2006. AI notes that Pakage
and others were subject to torture and other ill-treatment during
interrogation in order to force them to confess before the court
that they were guilty of the crimes of which they were accused.
A portion of that statement (AI
Index No: ASA 22/019/2008 25 September) 2008 follows:
The Indonesian authorities must take immediate action to
investigate the torture of Papuan prisoner Ferdinand Pakage, who
is detained at Abepura Prison, Papua.
Prison officers beat Ferdinand Pakage on 22 September
causing serious injuries to his hands and legs. According to
media reports, his left eye was also bleeding profusely when he
was removed from solitary confinement and taken to the hospital
for medical attention. The beatings were witnessed by other
prisoners.
The organization calls for those responsible for the
torture to be held accountable for their actions.
This incident clearly illustrates the failure to reform
the Criminal Code, which does not provide sufficient legal
deterrent to prevent state agents from committing acts of
torture, which has directly contributed to the widespread use of
torture during arrest, interrogation and detention.
(Note: Following the AI statement, Pakage was released to family
members pending his recovery from the beating.)
Imprisonment in West Papua - A
Death Sentence?
The peaceful raising of the Morning Star flag in Mimika District
on September 23 has led to severe charges against two Papuans (see
last item below for details). The charges posed the prospect of life
imprisonment for purportedly "plotting against the Indonesian
state." The men were among 18 people arrested early Tuesday. The
other 16 detainees are in custody pending further investigation. The
vastly disproportionate charges for a peaceful political act is
increasingly commonplace in Indonesian-administered West Papua.
Anyone convicted of displaying what Indonesian authorities consider
to be "separatist symbols" may face a life in prison.
The reality of the dangers entailed in such disproportionate
sentencing for peaceful political protest are stark enough.
Detainees in Indonesian custody suffer threats of torture and even
death. This brutal reality, revealed in the report above regarding
Ferdinand Pakage, is systemic. Earlier this year, UN Special
Rapporteur on Torture, Manfred Nowak, reported torture was common in
certain jails and used to obtain confessions, punish suspects, and
seek information that incriminated others in criminal activity.
Torture, he added, typically occurred soon after detention and that
detainees were beaten with fists, sticks, cables, iron bars, and
hammers. Some detainees reportedly were shot in the legs at close
range, subjected to electric shock, burned, or had heavy implements
placed on their feet.
For its part Amnesty International in its Indonesia: Briefing to
the UN Committee Against Torture (http://www.amnestyusa.org/document.php?id=ENGASA210032008&lang=e
) described the violent world of Indonesian detention as follows:
Suspects have been forced to sign confessions under threat of
violence; or otherwise subjected to torture or other ill-treatment.
All of these acts are in violation of the existing legal provisions
and yet they occur, often without any adequate response from the
authorities.
This failure in both law and practice has encouraged a culture of
violence leading to torture and other ill-treatment of detainees
Amnesty International has received many reports of individuals who
have been tortured or otherwise ill-treated, sometimes resulting in
death.
Human Rights Groups Refute U.S.
State Department Report to Congress Regarding Human Rights
Conditions in Indonesia, TNI Reform Progress and Rights Repression
in West Papua
In the FY2008 "State, Foreign Operations Appropriations Act”,
Congress required the State Department to report on progress made by
the government of Indonesia in several areas of concern, including
general human rights accountability and responses to East Timor's
truth commission. The State Department report also addressed issues
of military business and corruption, as well as the murder of human
rights activist Munir.
WPAT, ETAN and Human Rights First responded to the report,
concluding in part that while the State Department acknowledged no
“sustained” progress in critical areas of accountability in the
armed forces, the State Department report nonetheless included
overly positive assessments based on examples that were outdated,
incomplete, or not germane to the question. [The full report and
response can be found at
http://www.etan.org/news/2008/09state.htm.]
With regard specifically to developments in West Papua, the NGO
response noted:
The report’s claim that "the Government of Indonesia is
implementing plans to effectively allow public access to Papua
and West Papua provinces," is suspect as there have been few
specific procedural changes in recent years.
In November 2007, Rep. Eni Faleomavaega, Chair of the House
Foreign Affairs Subcommittee on Asia, the Pacific and the Global
Environment, visited West Papua accompanied by the U.S.
Ambassador to Indonesia. Rep. Faleomavaega subsequently sent a
public letter to President Yudhoyono in which he described
persistent interference with his visit by Indonesian security
forces who attempted to prevent meetings with senior Papuan
officials and civic leaders, as well as ordinary Papuans, and
who arbitrarily truncated his visit. (http://www.etan.org/issues/wpapua/1207faleoletter.htm)
In June 2007, Hina Jilani, Special Representative of the UN
Secretary-General, visited West Papua. Following her departure,
Papuans with whom she had met faced threats and intimidation.
Ms. Jilani expressed concern about this retaliation in her
report and in separate messages to the Indonesian government
during her visit. Her report also cited restrictions on travel
to and movement within West Papua, including restrictions on the
National Human Rights Commission investigations of human rights
violations there. (http://daccessdds.un.org/doc/UNDOC/GEN/G08/103/40/PDF/G0810340.pdf
)
Notwithstanding State Department claims, restrictions on
travel to and movement within West Papua also extend to Papuans.
In recent years, Indonesian security forces, including Kopassus
special forces, have conducted military operations, notably in
the central highlands, which regularly displace Papuan
civilians. Indonesian security forces, as a matter of course,
impede and at times prevent attempts by Papuan churches and
humanitarian organizations to bring critical supplies to these
displaced villagers, who face life threatening denial of food,
medical care and shelter in the forests.
In 2005, Rep. Sam Farr (D-CA) and Rep. Chris Smith (R-NJ)
wrote a
letter to the President of Indonesia, signed by 33
colleagues, calling for lifting of restrictions on international
access to West Papua. "The travel permit (surat jalan)
system, requiring travelers to report their own movements to
local intelligence agencies, is contrary to the freedom of
movement that is essential to a functional democracy. In all
areas of West Papua outside of major urban centers, foreigners
are required to carry surat jalan travel permits...We
call on you to abolish the travel permit system,” they wrote.
The surat jalan travel permit system remains firmly in
place.
The congressional letter also urged abolition of visa
policies “that restrict access of international journalists,
researchers, and NGO workers to West Papua.” These visa
restrictions have not been abolished. It is currently possible
for members of the international community to visit West Papua
on a 30-day tourist visa. However, human rights workers,
journalists, and researchers have been imprisoned and deported
while visiting West Papua with these visas. Applications for
longer visas are rarely approved and routinely subject to
longand sometimes limitless"procedural delays".
The State Department report states: "We are aware of no cases
where foreign diplomats, NGO officials or journalists were
permanently denied permission to visit Papua or West Papua."
Yet, in at least one specific case, which has been brought to
the attention of U.S. Embassy personnel in Jakarta, volunteers
with a major international human rights organization were denied
visas to enter West Papua in early 2008.
Asian Human Rights Commission issues
"Urgent Appeal" About Neglect of Health Services in West Papua
On September 26, the Asian Human Rights Commission (AHRC) issued
an "urgent appeal" calling attention to the failure of the
Indonesian government to address the effects of a cholera outbreak
in West Papua, which has already taken hundreds of lives. The AHRC
contends that the government's failure to act in the case violates
issues of the basic right to health care and discrimination (against
Papuans).
The outbreak in the West Papuan district of Dogiyai, according to
the AHRC, has spread to adjoining districts. Local appeals for help
have gone unmet despite 239 outbreak-related deaths thus far. The
first cases of diarrhea in the Dogiyai District in Papua, Indonesia,
were registered in April 2008. It has been confirmed that the
cholera bacterium was the cause. Official casualty figures have been
challenged by church and other local officials, suggesting that
government officials have sought to play down the extent of the
epidemic. Despite initial claims by the Ministry of Health that the
outbreak was under control, suspected cholera cases erupted
subsequently in the Lake Tigi and Painai areas in mid-August. Cases
of diarrhea and deaths in Paniai continue.
The AHRC reports that the government has not taken appropriate
action despite repeated requests asking for intervention from health
authorities. Jakarta's neglect of provision of basic health services
in West Papua is a recurring tragedy for Papuans. In 2006, as the
AHRC notes, more than 200 people died in the West Papua District of
Jayawijaya.
The AHRC in its alert explains that the health infrastructure in
West Papua is "very poor" despite the fact that West Papua is
Indonesia's most resource-rich region, with the area's timber and
minerals providing enormous revenues for the government's treasury.
The revenue created by non-Papuan mining companies and the
migration flows of Muslim traders from other regions of the country
have not resulted in a visible upsurge in the living conditions of
the predominantly Christian communities. Native Papuans blame past
transmigration policies imposed by the government, as well as the
exploitation of the natural resources, for undermining their
livelihood, traditional culture, and way of life.
Under Indonesia's domestic law 23/1992, the government is
required to provide sufficient health facilities throughout the
nation and take action to combat both infectious and non-infectious
diseases in order to decrease mortality rates. Given that the
Indonesian Government has ratified the International Covenant on
Economic, Social and Cultural Rights (ICESCR) and has also
incorporated it into domestic law with the implementation of Law
number 11/2005, the government must recognize the right of everyone
to enjoy the highest attainable standard of physical and mental
health, and must maximize available resources to achieve full
realization of this right.
Frustration among members of the indigenous community about the
lack of government response has sparked riots in Moanemani. A
history of harassment, torture and other forms of human rights
violations directed against the indigenous population in Papua means
that communities have a high level of distrust towards authorities
of the central government. Some have even expressed suspicion that
the delay in providing aid is a deliberate failure on the part of
the government, intending to harm the indigenous people.
(Information regarding the Commission's appeal can be found at
http://www.ahrchk.net/ua/mainfile.php/2008/3014/. To send an
appeal letter go to
http://www.ahrchk.net/ua/support.php?ua=UAG-012-2008.)
Mystery Attacks Strike Freeport
Property in September
Attacks targeting Freeport facilities in the Timika area in
September have prompted various theories about the attack's authors:
Were the series of small explosions the work of the small armed
Papuan opposition which coincidentally or not this month renewed
calls for Freeport's closure? Were they the work of corrupt local
businessmen in league with illegal miners of Freeport waste? Were
they carried out at the instruction of Indonesian military forces
which have in the past used such attacks as a means of extorting
funds from Freeport?
Regardless of who is responsible, these attacks and the prospect
of retaliatory strikes by Indonesian security forces which harm
Papuan civilians are part of Freeport's dark legacy. That legacy
entails historic and continuing violation of human rights and
environmental destruction. For Papuans and particularly the local
Amungme and Kamoro, the 41 year operation of the Freeport mine has
entailed torture and murder at the hands of Freeport's hired thugs,
the Indonesian military and police, and utter destruction of the
Ajkwa river system, poisoning of local water sources due to acid
mine drainage and the marginalization of the local population as a
consequence of a massive infusion of non-Papuans organized by the
Indonesian government and Freeport to operate the mine. Prostitution
and other criminal enterprises that have accompanied this invasion
has debased Papuan society and culture. (See "Development
Aggression,"
http://westpapuaaction.buz.org/Development-Aggression.htm)
Papuans have responded to this systematic assault on their
culture, lifestyle and livelihood with peaceful demonstrations in
the region. Fellow Papuans have staged sympathetic demonstrations in
Jayapura and even Jakarta. Indonesian security forces have responded
to these peaceful protests with harsh repression. The Indonesian
"justice system," rather than defending the right to peaceful
assembly and protest, has partnered with the security forces, meting
out harsh sentences to those who dared to raise their voices to
demand their rights, including the right to self-determination.
Over the years of occupation, Indonesian security forces
repeatedly have conducted "sweeps' purportedly aimed at eliminating
just such armed resistance to Indonesian occupation. These "sweeps"
have been devastating to rural Papuans, entailing burned houses and
churches, destruction of gardens and displacement of civilians to
the surrounding mountains and jungles where many perished due to
inadequate food, shelter and access to medical care. These sweep
operations were vastly disproportionate to the "threat" posed by the
small armed Papuan groups. Indonesian military blocking of
humanitarian missions to the besieged displaced populations gravely
exacerbated the human costs of these sweeps.
International calls for peaceful assertion of human rights and
avoidance of violence are important and must be made in the context
of the Papuan experience: The Indonesian response to Papuan dissent,
whether peaceful or not, continues to be brutal. But Papuans must
understand that their greatest strength is in the undeniable justice
and righteousness of their cause.
Indonesian Government Confusion over
"Threat" Posed by Papuan Flag-Raising
As noted above, on September 23 Indonesian police authorities
named Papuans Paulus Kiwing and Matius Magai of Kwamki Baru as the
latest official "suspects" for their role in the peaceful act of
raising the "Morning Star" flag. The flag is a powerful cultural and
political symbol for Papuans. Both men have been formally charged
with involvement in a flag raising ceremony, which authorities claim
is a "violation of the emergency law and show of rebellion against
the government." Kiwing allegedly dug the hole for the flag pole,
while Magai purportedly offered a prayer as the flag was hoisted. If
convicted the two could face life in prison.
Recently, visiting Indonesian parliamentarians told a few of
their U.S. Congress counterparts that such flag raisings constituted
a manifestation of Papuan "separatism." A similar charge was made in
an Aide Memoire from the Indonesian Embassy in Washington to 40 US
Congress members who earlier protested mistreatment of Papuan
prisoners of conscience involved in similar peaceful flag raising
protests (see West Papua Report no. 52 August).
Not so says the Indonesian Minister of Defense Juwono Sudarsono.
Speaking to media during a visit to Australia, the Minister said
that raising of the Morning Star flag should be considered an
attempt to seek attention rather than as an act of separatism. He
added that it was impossible to conclude that Papuans sought
separation just because they hoisted a flag. Rather than punishing
Papuans involved in such peaceful actions Jakarta should seek to
address the roots of Papuan discontent. Sudarsono's view is similar
to that of former Indonesian President Abdurrhman Wahid (Gus Dur).
He allowed raising of the Morning Star flag, so long as it was
hoisted in conjunction with the Indonesian national flag. Under his
rule peaceful actions involving the Morning Star flag were not
systematically prosecuted.
Wahid also encouraged political/economic development within West
Papua and sought expanded dialogue with Papuan civil society and
Papuan political leaders. Since Wahid was forced from office,
security forces and prosecutors have used force and pursued stiff
sentences against peaceful flag raisers. Wahid's successors,
Presidents Megawati Sukarnoputri and Susilo Bambang Yudhoyono, also
have shown little interest in dialogue with Papuans.
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