West Papua Report: June 2011
This is the 87th 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
Summary
U.S. Congressmember Eni Faleomavaega has been named the 2011 winner of the John Rumbiak Human Rights Defenders Award.
The award is given annually by the West Papua Advocacy Team (WPAT) to an individual or organization who has made
significant contributions to the defense of human rights in West Papua. Congressmember Faleomavaega has long been active
in the defense of human rights in West Papua, using his influential position in the U.S. House of Representatives to
advance justice, good governance and development in West Papua. Thousands of workers at the Freeport McMoran mining
complex in West Papua have gone on strike over wages, the firing of the union's leaders, and other Freeport
union-busting efforts. The strike takes place at a time of continued security concerns arising in part from the recent
murder of two senior Papuan Freeport officials, possibly with military involvement. Papuan human rights organizations
and religious groups have called on the Government of Indonesia to address issues of injustice arising from security
force assaults on Papuans and also to protect human rights defenders and journalists from attacks by security forces. An
Indonesian government minister's visit to West Papua signals that a widely criticized development plan in the Merauke
area is moving forward. Tapol notes that there has been no indication that Papuans whose lands will be seized for the
project will be compensated. Amnesty International has appealed on behalf of a Papuan who was beaten by military
personnel. Melanesian human rights and youth groups have issued an appeal on behalf of five Papuan youths detained since
December 2010 for their roles in a peaceful protest. The Australian West Papua Association (AWPA) has called for Pacific
Island Forum leaders to include the plight of West Papua on the agenda for their September 2011 meeting. The AWPA
message also offers a harsh critique of Jakarta's "special autonomy" policy.
Contents:
Congressman Eni Faleomavaega Is Awarded "John Rumbiak Human Rights Defenders Award"
The West Papua Advocacy Team (WPAT) is pleased to announce that it is awarding the 2011 "John Rumbiak Human Rights
Defenders Award" to the Honorable Eni F.H. Faleomavaega (D-AS), a member of the U.S. House of Representatives.
Congressmember Faleomavaega has been an articulate and effective advocate for the defense of human rights in West Papua,
and has long worked for a peaceful resolution of the serious problems confronting Papuans.
His extensive knowledge regarding West Papua and his manifest sincerity and good will have enabled him to draw on the
respect accorded him by his Congressional colleagues and members of successive Administrations to alert them and the
U.S. public more broadly to justice, good governance and development concerns in West Papua.
On September 22, 2010, in his capacity as the Chairman of the Foreign Affairs Subcommittee on Asia, the Pacific and the
Global Environment, Congressmember Faleomavaega convened the first hearing in the history of the U.S. Congress to
include testimony from West Papua's traditional and religious leaders. The hearing, Crimes Against Humanity: When Will Indonesia's Military Be Held Accountable for Deliberate and Systematic Abuses in West
Papua, also included testimony from scholars and administration officials from the U.S. Departments of State and Defense.
Driven by a sense of personal responsibility to carry forward the work of his Samoan relatives who are buried in West
Papua and in honor of all those who have lived the struggle, Congressmember Faleomavaega continues to do all he can to
hold the Indonesian government accountable so that a better way forward may be found for and on behalf of the people of
West Papua.
Past recipients of the award include Carmel Budiardjo (UK) and TAPOL (2008); John M. Miller (U.S.) and the East Timor and Indonesia Action Network (ETAN) (2009), and Andreas Harsono (Indonesia) of Human Rights Watch (2010).
The award includes a plaque and a financial prize which Congressmember Faleomavaega has directed be donated to a charity
selected by him. The award is named in honor of Papuan John Rumbiak, a renowned champion of human rights and founder of
WPAT.
Labor Actions Could Shut Down Operations at Freeport
According to sources in Timika and media accounts over 13,000 workers at the giant Freeport McMoran copper and gold mining complex have gone on strike. The labor action
threatens to shut down operations at the problem-plagued facility. Workers of the SPSI (Serikat Pekerja Seluruh
Indonesia) PT Freeport Indonesia left the Tembagapura mine site and headed to the town of Timika over 40 kms from the
mine. More than 20 buses transported striking miners from the site while others marched to Timika. Marchers from
Tembagapura were at one point blocked from proceeding by police.
Workers are protesting over salary issues but have also raised security concerns. The murder of two prominent Papuan
Freeport management level personnel on April 7, has raised tensions in the area (see WPAT's West Papua Report June 2011.) The Straits Times' John McBeth reported that two military personnel have been questioned after one of them was discovered to be in possession of a cell phone
belonging to one of the murdered men.
Workers are also protesting Freeport McMoran's termination of the union's leaders and are reportedly angry about Freeport McMoran's formation of a company union which they regard as an attempt to
"bust" their legitimate union.
As of July 4, reports from Timika indicate that the protests have been peaceful although workers are constructing
barricades in some areas.
Papuan Organizations Seek Justice for Past Security Force Assaults on Papuans, Demand Government Protection for Human
Rights Defenders
In recent weeks, highly regarded West Papuan non-governmental and religious organizations have spoken out forcefully
regarding the deteriorating human rights situation in the territory. In two separate statements, the organizations
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 organizations have
also called for protection of human rights defenders. The continuing violation of human rights starkly demonstrates the
limits of 'democratization' in Indonesia.
In a June 14 press conference, two human rights NGOs, BUK (United for Truth) and KontraS-Papua (Commission for the Disappeared and the Victims of Violence), underscored the failure of the Indonesian justice system to address endemic violation of human rights by the military and police. Some cases
have languished for over a decade they said and years of inaction by the Indonesian government regarding these cases
have compelled them to appeal to "international mechanisms" to ensure that the Indonesian government brings these
incidents before a court of law.
The NGOs described the consistent failure of justice in West Papua:
"With regard to the human rights violations that have been perpetrated in Papua at the hands of members of the
Indonesian army (TNI) and the Indonesian police (POLRI), in all these cases, it has been virtually impossible to bring
them before a court of law. In the case of those incidents that were actually taken to court, nothing was done to side
with the victims; the perpetrators were protected with the argument that what had been done was in the interest of the
security of the state."
The NGOs made specific reference to particularly egregious incidents in which Papuans were killed, brutally tortured or
disappeared. These include the Waisor and Wamena incidents, a police rampage in Abepura, and repeated military "sweeping
operations" in West Papua's central highlands in which civilians were driven from their homes into nearby forests where
many died from a lack of food, shelter and access to medical care. The NGOs also detailed policies and practices which
subject "many Papuans to discrimination, intimidation and extra-judicial punishment based" on groundless charges by
government agencies that these Papuans or their family members are "separatists."
The two NGOs issued the following demands:
1. The President of Indonesia should immediately resolve the Wasior and Wamena cases and in doing so recognize the fact
that Papuans are citizens of the Unitary Republic of Indonesia, NKRI, which means that their standing and dignity within
the state is in keeping with the values of the Papuan people as citizens of Indonesia.
2. The attorney-general's office should end its machinations with regard to the Wasior and Wamena cases and co-ordinate
with other state institutions and in so doing halt their activities which have resulted in reinforcing the cycle of
impunity.
3. The administration of the province of Papua, along with the DPRP (Provincial Legislature of Papua), KomnasHAM-Papua
and the MRP (The Papuan Peoples Council) should act together as quickly as possible to ensure that the Wasior and Wamena
incidents are brought before a human rights court in the Land of Papua.
4. A Papuan human rights court should be set up immediately.
5. If the government fails to deal seriously with the Wasior and Wamena cases, we, as representatives of all the victims
of human rights violations in the Land of Papua, will bring these matters before an international court of law.
In a separate June 17 press conference, the Coalition of Human Rights Defenders in the Land of Papua, consisting of
leading human rights and religious organizations, spoke out against "acts of violence and terror that have been perpetrated against human rights defenders as well as against journalists."
The coalition consists of KomnasHAM-Papua, the Synod of the Kingmi Church in Papua, the Synod of the Baptist Church in
Papua, Foker NGO (NGO Working Group) Papua, KontraS Papua, LBH - Legal Aid Institute in Papua, and BUK. The groups were
especially critical of the Indonesian military whose members were involved in five recent incidents of violence against
Papuan civilians and whose actions they noted, contradict claims that the Indonesian military is reforming.
The Coalition of Human Rights Defenders in the Land of Papua statement called for the following:
1. Protection is needed for human rights defenders in Papua in carrying out their humanitarian activities throughout the
Land of Papua. Such protection can be provided by the introduction of a special law, while at the same time setting up
an independent commission at state level for the purpose of monitoring and advocacy as well as taking sanctions against
those individuals who commit violence against human rights defenders.
2. As a short-term measure, we regard it as important to set up a special bureau within KomnasHAM to focus on the
protection of human rights defenders.
3. In view the many acts of intimidation and violence perpetrated by members of the armed forces, we urge the military
commander of Cenderawasih XVII military command (in West Papua) to take firm measures in the law courts and
administration against all violations perpetrated by members of the TNI on the ground.
4. To provide moral guidance to all officers of the armed forces as well as disseminate an understanding of human rights
so as to ensure that acts of violence perpetrated by members of the armed forces are not committed against civil society
or against human rights defenders in the Land of Papua.
Plans for Massive Land Grab Move Forward in Merauke
The June 27 issue of the Papuan daily Jubi reports that Marie Pangestu, Minister of Industry and Trade, on a visit to the Merauke Integrated Food and Energy Estate
(MIFEE), has claimed that the customary rights of the local community should be dealt with first, by issuing
certificates, in connection with the MIFEE project." Pangestu also indicated that the project is moving forward:
"Companies planning to invest can now go ahead to acquire the necessary licenses and start planting their crops." He
said that it was "now necessary to build the necessary infrastructure, in particular harbors to support the project once
it gets underway." For instance, he said, investors who intend to establish palm oil plantations will need harbors of
their own.
TAPOL commented on the plan to issue "certificates" to those Papuans who will be displaced by the project:
"The central government will clearly be investing huge sums of money to promote the interests of companies planning to
invest in MIFEE. Not at all clear what is meant by issuing certificates to the local communities whose customary rights
to the land will be sacrificed as investors are invited to grab their land with little regard for the loss of their
livelihoods based on hunting and fishing. No mention either about whether the rightful owners of the land will be
granted any compensation for the loss of their land and the destruction of their livelihoods."
Amnesty International Issues Alert Regarding Military Beating of Human Rights Activist
Amnesty International (AI) on June 17 issued a special alert on the beating of a human rights activist by military officer a few days earlier. According to Amnesty, Yones Douw was
beaten by military officers and then denied medical treatment.
AI noted that Douw fears for his health and safety, based in part on the fact that he was previously detained and
assaulted as a result of his human rights activities. Douw was part of a protest that took place at the 1705 District
Military Command (Kodim) base in Nabire, Papua province, on the morning of 15 June. The protest focused on
accountability for the stabbing and killing of Papuan Derek Adii on 14 May 2011, reportedly by military officers from
the command (see West Papua Report June 2011).
According to AI, some of the demonstrators attacked the military center prompting Douw to go to the base to calm the
protesters. (WPAT Note: It is not clear whether those attacking the center were demonstrators or possibly provocateurs
organized by the authorities. According to the AI report, the violent "demonstrators" arrived in three trucks after the
demonstration was underway.) Responding to the assault, the military fired shots into the air and started beating the
protesters. Douw was struck on the head many times and also sustained injuries on his shoulder and wrists from the
beatings. As he was beaten, he heard the military threaten to shoot the protesters saying "these animals should be
taught a lesson." A military officer also hit the father of Derek Adii, Damas Adii. After the beatings, Douw travelled
to the Siriwini hospital for treatment and to obtain a medical report, but was told by medical staff that he required a
letter from the police before they could treat him. He then decided to go home and is still suffering from the injuries.
Amnesty notes that Yones is a respected human rights activist in Papua and has been documenting human rights violations
by the police and military over the last decade.
Amnesty International called for messages to Indonesian officials that:
• Urging the authorities to take immediate action to ensure the safety of Yones Douw, in accordance with his
wishes, and ensure his immediate access to medical care;
• Calling for an immediate, effective and impartial investigation into the beatings and the threats against Yones
Douw, with the results made public and those responsible brought to justice in fair trials;
• Calling on the authorities to initiate an independent investigation into the possible unlawful killing of Derek
Adii, and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and
the victims receive reparations; and
• Calling on the authorities to ensure that all members of the police and military are made aware of the
legitimate role of human rights defenders and their responsibility to protect them, as set out in the UN Declaration on
Human Rights Defenders.
A Plea From Melanesians On Behalf of Detained West Papuan Students
In a demonstration of the growing concern among across Oceania regarding the plight of the Melanesian Papuan people, a
group of youth and human rights organizations in Melanesia, based in Fiji, wrote an "open letter" to the "government of Indonesia, Indonesian Youth Activists, Indonesian Human Rights Defenders and Organizations, and
the People of West Papua."
The letter expressed concern about the imprisonment and secret court proceedings surrounding the arrest of five young
activists arrested last December 14 for raising the West Papua Liberation flag during peaceful demonstration by approximately 200 people in Manokwari. When the Papuan flag was raised, Indonesian military attacked the crowd,
firing shots and beating people with batons. The five young Papuans, and two others, were arrested at that time.
The five are charged under the notorious "subversion" and "rebellion" articles (106 and 110) of the Indonesian Criminal Code which date to
the Dutch colonial era. The articles were key tools for repression during the Suharto dictatorship.
The Melanesian groups noted that the health and safety of these five young Papuan activists was a concern as was media
censorship and intimidation of witnesses related to the incident. They also said that there was a heightened sense of
fear fueled by the continued presence of a 1000 plus military presence that were ordered into the area after the
incident.
The Melanesian organizations urged intervention to "ensure the release of the five youth activists and to make a public
commitment that there will be no further arrests of individuals purely for the peaceful exercise of their right to
freedom of expression, opinion, belief or association." Specifically, the letter added, "we seek to ensure that laws
concerning 'rebellion' (Articles 106 and 110 of the Indonesian Criminal Code) are not used against people who have
engaged only in peaceful activities."
Emphasizing that the groups "do not seek to advocate a particular position on the political status of West Papua," they
nonetheless asserted their belief that "the right to freedom of expression includes the right to peacefully advocate
referenda, independence or other political solutions under a free media."
"These rights must be upheld and respected," the letter concluded.
AWPA Calls for Pacific Islands Forum to Discuss West Papua; Criticizes "Special Autonomy"
The Australia West Papua Association (AWPA) has written to the Pacific Islands Forum (PIF) leaders urging them to
discuss the human rights situation in West Papua at their summit in Auckland in September.
In a June 30 letter, AWPA asserts , "the time is now right to bring the Melanesian people of West Papua back into the Pacific community. (A West Papuan
representative attended the first SPC Conference, and West Papuans continued to participate in the SPC meetings up until
the Dutch ceded their authority to the United Nations Temporary Executive Authority (UNTEA) in 1962.)" This year is the
40th anniversary of the Forum.
AWPA urges the PIF Leaders to include the West Papua on its agenda at the September summit and to make a public
statement of concern regarding the "deteriorating human rights situation" in the territory as well as "send a fact
finding mission to West Papua to investigate the human rights situation." AWPA also urges the PIF to raise human rights
concerns human rights with the President of Indonesia and "to urge the Indonesian President to release all West Papuan
political prisoners as a sign of good faith."
AWPA said PIF should "grant observer status to genuine representatives of the West Papuan people who are struggling for
their right to self determination."
Finally the group offered a strong critique of Jakarta's "special autonomy" policies:
A number of governments have supported the autonomy package for West Papua stating that it is the best way forward for
the West Papuan people. Although funding for the autonomy package has flowed to West Papua it has only benefited some
elites and the bureaucrats with no benefit for the majority of West Papuans, which is why it has been rejected. We
believe that it is pointless for governments to keep saying the autonomy package is the best way forward. Even a revised
Special Autonomy in whatever form it might take will never satisfy West Papuans demand for self determination. West
Papuans have lost trust that Jakarta will ever develop West Papua for the sake of the Papuans. The Forum can help by
urging Jakarta to dialogue with the Independence Movement to find a lasting solution.
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