Five West Papuan Human Rights Defenders Imprisoned

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Thousands taking part in a Papuan rally supporting a referendum on independence in August. (Photo: ETAN)

Five political prisoners were found guilty of treason and imprisoned for three years on 16 March 2012 in West Papua, Indonesia. Franciscans International together with TAPOL, the Asian Human Rights Commission, Faith Based Network on West Papua (FBN) and West Papua Netzwerk published a press release stating they: “regret the verdict and question the fairness of the trial proceedings. The verdict is another example of the severe restrictions by the Indonesian authorities on the right to freedom of expression of the Papuans.”

The right to freedom in West Papua is a serious human rights concern as civilian activities are harshly monitored by the military.  This latest event is a setback in relations between the Government of Indonesia and West Papuans as they:  “see arrest and detention as the best ways to respond to expressions of Papuan aspirations.”

Three of the five men were arrested in October 2011 for their roles in the Third Papuan People’s Congress. This was a peaceful gathering at which the leaders declared that Papua has been independent since 1961. As the gathering began to disperse, security forces fired shots into the crowd and carried out mass arrests and beatings. Three people were shot dead.

While the leaders of the Congress now face three years in jail for their peaceful actions, those responsible for the violent response to the Congress have received a small warning and investigations to determine who was responsible for the killings have led to neither justice nor accountability.
There are serious doubts about the fairness of the trial proceedings. Armed members of the security forces maintained a heavy presence during the trial sessions. One of the senior lawyers for the defence is being threatened with prosecution, in violation of his right under Indonesian law and international standards to carry out his professional duties in defending clients in court. The independence of the judges is also questioned as reportedly they were  visited by senior military, police and government officials just one hour before the trial began.

According to TAPOL’s data, the five men will join at least 27 other Papuan political prisoners currently in jail for treason. The denial made by the Coordinating Minister for Law and Human Rights of any political prisoners therefore does not hold.

FI calls for all those detained for peaceful political activities to be immediately and unconditionally released.

Open letter to Pacific Islands Forum leaders concerning West Papua

SATURDAY, 19 MAY 2012 04:07

Dear Pacific Islands Forum leaders  - On behalf of the Australia West Papua Association (Sydney) I am writing to you concerning the issue of West Papua. 

AWPA believes that since the last Pacific Islands Forum (PIF) summit in Auckland, the situation in West Papua has deteriorated further. We would like to bring your attention to a number of incidents and reports that raise grave concerns about the human rights situation in the territory.

In October 2011 there was a crackdown on the 3rd Papuan Peoples congress where security forces used excessive force when arresting up to 300 Papuans. Up to six people were reported killed and five of the organisers arrested and charged with treason. They received three years in prison for subversion.  At no time did these men commit violence and they have been jailed solely for peacefully expressing their political views as is their right under Article 19 of the Universal Declaration of Human Rights. As opposed to the three year sentence given to the five activists, no action was taken against the security force personal who were involved in the brutal crackdown and they received only written warnings. 

Amnesty International in its annual report 2011 on Indonesia states  

“The security forces tortured and otherwise ill-treated detainees, and used excessive force against protesters, sometimes leading to death. No adequate accountability mechanisms were in place to ensure justice or act as an effective deterrent against police abuses. The criminal justice system remained unable to address ongoing impunity for current and past human rights violations. Restrictions on freedom of expression were severe in areas such as Papua and Maluku”.

Amnesty International also believes there are at least 100 political activists in prison for peacefully expressing their views in areas seeking independence such as Maluku and Papua.

An article in the Jakarta Globe (4 January 2012) titled “2011 a Busy Year for Human Rights Investigations in Papua” quotes the head of the Papua office of the National Commission on Human Rights (Komnas HAM) as saying they “looked into 58 alleged violations of human rights in 2011, and was anticipating investigating at least that many cases in 2012”, and, 
“In almost 65 percent of human rights violation cases in Papua, the perpetrators are TNI [Indonesian Armed Forces] and National Police members,”

The Freeport mine is a symbol to West Papuan people of the exploitation of their natural resources from which they receive little benefit.  A three-month strike began on the 15 September with workers asking for better conditions.   During the strike a number of shootings occurred around the mine.  In one incident Petrus Ayamiseba, a worker was killed when Indonesian security forces fired on striking workers in Timika.

A number of military operations occurred in West Papua in the past year.

A Military operation in the Paniai region caused the displacement of thousands of people and villages burned.  According to a report in Jubi (29 December) referring to a military operation in November and December 2011,  “The operation has been on-going ever since Brimob troops from East Kalimantan were sent to Paniai in the second week of November” Jubi also commented that this operation will continue as the security forces hunt for the OPM who have moved from Eduda  (one of their base camps into woodland areas following an attack by the security forces. The Free Papua Organization says 14 of its members were killed during the attack. At one stage approximately 500 inhabitants of Dagouto village in Paniai Regency had to leave their homes and seek refuge following the deployment of 150 Mobile Brigade officers to their area.

It is now 49 years since Indonesia took over the administration of West Papua from the United Nations Temporary Executive Authority (UNTEA) in 1963 and the people of West Papua still continue their struggle for self -determination.   This can be clearly seen by the thousands of West Papuans who marched peacefully in the past year in numerous rallies calling for their right to self-determination and for a referendum. The most recent rallies took place on the 1st May when thousands marched to protest the UN handover of West Papua to Indonesian administration in 1963.

In light of the ongoing human rights abuses in West Papua, AWPA urges the PIF Leaders;

• to discuss the human rights situation in West Papua  at the 43rd Pacific Islands Forum in  August in Rarotonga.
• to raise the human rights situation in West Papua with the Indonesian President and to urge the Indonesian Government  to release all West Papuan political prisoners as a sign of good faith to the West Papuan people.
• to request permission from the Indonesian Government to allow a PIF fact finding mission to West Papua to investigate the human rights situation in the territory.
• to encourage the Indonesian Government to allow greater access for human rights monitors and the international media to West Papua.  
• to grant observer status to  genuine representatives of the Melanesian  people of West Papua who are struggling for their right to self determination . We note that the PIF has granted observer status to Tokelau, Wallis and Futuna, the Commonwealth Secretariat, the United Nations, the Asian Development Bank, the Word Bank, American Samoa, Guam, the Commonwealth of Northern Marianas, and the Africa, Caribbean and Pacific (ACP) Group of States Secretariat.  New Caledonia and French Polynesia, previously Forum Observers are now Associate Members with Timor Leste having Special Observer status.

We believe that the time is now right to bring representatives of the Melanesian people of West Papua back into  the Pacific community . 

The issue of West Papua will not disappear and AWPA believes that it should be of great concern to the Forum that the situation in West Papua could deteriorate further. The West Papuan people have been calling for dialogue with Jakarta for years (under third party mediation ) and  AWPA believes the PIF can play an important role in helping facilitate such a dialogue between genuine representatives of the West Papuan leadership and the Indonesian Government. The PIF should place pressure on Jakarta to resolve West Papuans’ issues of concern. Otherwise we will see increasing conflict in West Papua which in turn could affect the region.

Yours sincerely
Joe Collins
Secretary
AWPA (Sydney) 

MAY 18, 2012 12:00 A.M. Oslo Journal, Part V Impromptus by Jay Nordlinger About AuthorArchiveLatestE-MailRSSSend inShare Print Text    Comments 0 Editor’s Note: The Oslo Freedom Forum, an annual human-rights conference, took place last week, in the Norwegian capital. The previous parts of Jay Nordlinger’s journal are at the following links: I, II, III, and IV. The most fantastically dressed person here is Benny Wenda, a West Papuan tribal leader — feathery headdress and all. He escaped his homeland while on trial. He was granted asylum in the U.K., where he founded the Free West Papua Campaign. West Papua is under the heel of the Indonesians. The struggle of this place, so little known in the world, reminds me of the struggle of East Timor — two of whose leaders won the Nobel Peace Prize in 1996. East Timor subsequently won its independence from Indonesia. Here in the Christiania Theatre, Wenda says, “Colonialism is supposed to be dead. Slavery is supposed to be dead. But both are alive and well in my country.” As a child, Wenda saw terrible, terrible things: Most of his family was killed. He remembers his mother slapped and beaten, his aunts raped. He has dedicated himself to “raising my people’s voice.” Toward the end of his talk, he brings out the West Papuan flag — a “mono-star flag,” as he says. It is illegal where Indonesia has control. He says, “I don’t think the Norwegian police will come arrest me.” He vows, “I will never be silent until my people are free. Then I’ll give up. I want to see my people smile — like other people, who have freedom.” He says that “there are people in my homeland, many of them elders, who are hiding in the jungle. I want to have a reunion with them. I want to see them smile, while we have tea.” Advertisement It’s hard to imagine that West Papua will ever be first on a human-rights agenda. They are remote, easily overlooked. But they are not remote to themselves, are they? No one is. “Good day, friends of freedom.” That’s what Jestina Mukoko says as she takes the podium. She is from Zimbabwe, and she directs an organization called the Zimbabwe Peace Project. What they do is document the human-rights abuses of the Mugabe regime. Mukoko herself has suffered those abuses. They came and got her in the middle of the night, as I understand it. “I was in my nightclothes. Barefoot. I did not have my prescription glasses.” It’s the little details that seem to get to you: a woman not having her prescription glasses. Her testimony is unbearable, of course. They tortured her. They got drunk on beer as they did so. They were bragging that they had been given an important assignment — that’s why the boss had given them money to buy beer. When I see Jestina Mukoko at the podium, and later in other places, I feel I am looking at a woman made of iron. What are we to think of Singapore? I have long been “conflicted,” to use the modern word. (Ugh.) On one hand, Singapore is a shining example of economic freedom — a beacon unto the world, you could almost say. On the other hand, it’s not quite free, is it? Speaking to us by video is Chee Soon Juan, leader of the Singapore Democratic Party. According to his bio, he has “been arrested and jailed more than a dozen times for his political activities, primarily for repeatedly challenging Singapore’s laws that require protest organizers to obtain a police permit before staging political demonstrations or making speeches on political issues.” As a critic of the ruling party, Chee has been sued for defamation, “on multiple occasions” (as his bio says). A court ordered him to pay more than $1 million in damages. Unable to do so, Chee declared bankruptcy. One consequence is that he is forbidden to stand for election or to travel out of the country. I’m going to have more to say about Singapore in a future piece for National Review. But I can tell you this right now: I completely agree with Chee when he says, “Democracy is not a Western concept” but “a human concept

Update: One Dead, Four ‘Critically-Injured’ in Paniai Papua After Brawl with Brimob
 May 16, 2012

Police from the mobile brigade unit (Brimob) reportedly shot five civilians in Paniai, Papua on Tuesday evening — one victim is dead and four are said to be critically injured. 

The shooting took place during a brawl between the five men and three Brimob officers at a billiard-hall near a traditional gold mining site in Nomowodide village, Paniai.

The civilians include Melianus Kegepe, who has died, Lukas Kegepe, Amos Kegepe and Alpius Kegepe. The fifth man has yet to be identified.

Paniai Police chief Adj. Sr. Comr. Anton Diance said the victims were in critical condition and would be flown to the neighboring district of Nabire.

“We’re awaiting the plane to evacuate the critically-injured victims to a hospital in Nabire,” he said.

Anton made it clear the three Brimob officers — identified as First Brig. Ferianto Pala, Second Brig. Agus and Second Brig. Edi — were responsible for the shooting, saying the officers were forced to retaliate when the men attacked them.

Anton explained that the incident began when the five civilians arrived at the billiard-hall owned by a local resident. All the tables were occupied, but the five men reportedly forced their way onto a table while yelling and threatening the owner, who then reported them to officers at a nearby Brimob post. The officers arrived shortly after. 

“But, suddenly one of them hit Ferianto very hard with a billiard que, causing the officer to fall — then the five tried to grab his weapon,” Anton said. Second Brig. Edi shot one of the men, when another man pulled out a knife. Edi fired another shot, according to Anton.  

“It became chaotic then," Anton said."We suspect that this incident was planned, to provoke the officers. We’ve instructed our officers around the location to control their emotions, and to not easily fire their weapons.” he added.

Report

Santon

Group Struggle Justice in West Papua

Indonesia: Rights Record under Scrutiny at UN

15 May 2012 08:00

Source: Content Partner // Human Rights Watch

United Nations member states should urge Indonesia to adopt specific measures to ensure religious freedom, free expression, and accountability for abuses at the Universal Periodic Review (UPR) of Indonesia at the UN Human Rights Council on May 23, 2012.

(Jakarta) - United Nations member states should urge Indonesia to adopt specific measures to ensure religious freedom, free expression, and accountability for abuses at the Universal Periodic Review (UPR) of Indonesia at the UN Human Rights Council on May 23, 2012, Human Rights Watch and KontraS (the Commission for "The Disappeared" and Victims of Violence) said today.

The UPR, through which each UN member country is examined once every four years, will allow governments to review Indonesia's human rights record and make recommendations for improvements.

"Countries should be asking Indonesia hard questions about why over the past four years violence and discrimination against religious minorities is getting worse, and why Indonesia continues to imprison peaceful activists," saidElaine Pearson, deputy Asia director at Human Rights Watch. "The UPR should put Indonesia on the spot to adopt specific reforms rather than dancing around the issues."

The Indonesian government's report to the UN submitted for the UPR claims that numerous concrete steps have been taken to put into effect seven recommendations that Indonesia accepted from its last UPR review in 2008. These recommendations were to develop human rights education and training, sign and ratify various human rights instruments, support and protect the work of civil society, combat impunity by security forces, revise the Penal Code, and develop systems to improve and share best practices to support human rights. However the government's report only paints a partial picture of the serious challenges that remain, especially regarding religious freedom, free expression, and accountability for serious abuses committed by security forces, Human Rights Watch and KontraS said.

Religious Freedom

On religious freedom, the Indonesian government report acknowledges issues concerning protection of the Ahmadis, who consider themselves Muslim but whom some Muslims consider heretics, as well as disputes regarding building places of worship, and problems some groups face in practicing their religion. The report asserts that the "government tirelessly promotes religious tolerance and harmony," and that the blasphemy law and a 2008 Joint Ministerial Decree on Ahmadiyah "regulates the proselytization of the Ahmadis as well as the call for all people to forbid resort of violence against certain religious groups."

However, in reality, over the past four years violence against religious minorities, especially the Ahmadiyah, has dramatically increased. According to the Setara Institute, which monitors religious freedom, religious attacks have increased from 135 in 2007, to 216 in 2010, and 244 in 2011. Indonesian authorities have consistently failed to adequately address increasing incidents of mob violence directed by militant Islamist groups against religious minorities in Java and Sumatra, including against the Ahmadiyah, Bahai, Christians, Shia Muslims, and smaller spiritual movements. In the worst attack, Islamist militants killed three Ahmadiyah in Banten province, western Java in February 2011, and the attackers who were prosecuted served at most six months in prison.

While the 2008 Ahmadi decree does not expressly forbid worship, local decrees enacted following the national decree go further in banning Ahmadiyah worship. Approximately 30 Ahmadi mosques have been closed by the authorities. Human Rights Watch and KontraS urged other countries to call on Indonesia to lift various decrees, including the 2008 anti-Ahmadiyah decree, that limit religious freedom.

The Indonesian government report also defended the 2006 ministerial regulation on "maintaining religious harmony" in building houses of worship, saying that it is "adequate." But pressures from Islamist militants, emboldened by the 2006 decree, have led local authorities to close more than 400 Christian churches in Muslim-majority areas according to the Indonesian Communion of Churches. Even in cases in which Christian churches have successfully sought court orders to permit them to open, such as in the case of the GKI Yasmin church in Bogor and HKBP Filadelfia church in Bekasi, local authorities have refused to carry out the court's rulings, and the national government has failed to intervene.

"The Indonesian government claims it is protecting religious harmony, but countries shouldn't be fooled when Christians and Ahmadis are under pressure every day to close their places of worship," said Haris Azhar, the coordinator of KontraS. "Revoking discriminatory laws and upholding basic rights would be the best way of ensuring religious harmony."

Freedom of Expression

Human Rights Watch and KontraS urged other countries to call for the release of all political prisoners in Indonesia, and lift restrictions on the right to freedom of expression. Nearly 100 activists from the Moluccas and Papua are imprisoned for "treason" for peacefully voicing political views, holding demonstrations, and raising separatist flags.

The prisoners include a Papuan former civil servant, Filep Karma, serving a 15-year term in Abepura prison, and Ruben Saiya, serving 20 years in Nusa Kambangan Island prison. In November 2011 the UN Working Group on Arbitrary Detention issued an opinion saying the Indonesian government is violating international law by detaining Karma and called for his immediate release.

The Indonesian government report does not address these issues, stating only, "The right to freedom of opinion and expression are guaranteed by the Constitution and national laws." However, various laws are on the books continue to be enforced that criminalize the peaceful expression of political, religious, and other views. Offenses in Indonesia's criminal code such as treason (makar) and "inciting hatred" (haatzai artikelen) have been used repeatedly against peaceful political activists.

The government report claims that the "media environment in Indonesia continues to be one of the most vibrant and open in the region. … Freedom of expression and opinion is further promoted, including through the Internet." However, the 2008 Information and Electronics Transactions Law punishes defamation sent over the internet with up to six years in prison. For instance, Alexander An, a civil servant alleged to be an atheist, is on trial at the Sijunjung district court, West Sumatra, under this law as well as for blasphemy for several posts from his Facebook account.

Police have also given in to Islamist militants who try to block public events they consider to be immoral. On May 4, Irshad Manji, a Canadian Muslim and lesbian, released the Indonesian version of her book, Allah, Liberty and Love: The Courage to Reconcile Faith and Freedom, at a Jakarta theater. But Jakarta police interrupted the event, saying that the organizers had no police permit to have "a foreigner speaking." The next day, pressures from the militant Islam Defenders Front forced the Alliance of Independent Journalists to end Manji's book talk prematurely.  

"Jailing people for peaceful flag-raisings or posting on Facebook makes a mockery of Indonesia's claim that it respects free expression," Pearson said. "Authorities are too willing to use the excuse of public order to shut down debate over sensitive topics."

Accountability for Security Forces

On addressing impunity for members of the security forces, the government report states that in 2010 and 2011, military courts tried more than 1,500 criminal cases against military personnel, including for human rights violations.  This includes the "YouTube case," in which several soldiers were videoed committing torture against civilians.

Human Rights Watch and KontraS have long raised concerns about Indonesia's military justice process being opaque and that serious abuses such as torture and extrajudicial killings are not recognized in the military code, and are instead charged as disciplinary offenses. The government's reference to the YouTube video refers to several soldiers who tortured two Papuan farmers, including holding a burning stick to one man's genitals. Following posting of the video and international outcry, a military tribunal in January 2011 convicted three soldiers from Battalion 753 solely on disciplinary charges and sentenced them to between eight and ten months in prison. The soldiers still serve in the army.

To alleviate problems with military justice, Parliament in 2000 passed a resolution that military personnel should be tried in civilian courts for violations of the civilian criminal code. This requirement was included in article 65(2) of Law 34 of 2004 on the Indonesian Armed Forces ("the TNI Law"). However, for the legislation to be carried out, Law 31 of 1997 on Military Courts also needs to be amended. This has not taken place.

There has been no progress in reopening an investigation into the 2004 murder of Munir bin Thalib, a leading human rights lawyer. A special National Human Rights Commission team examined the conduct of police, prosecutors and judges in conducting the 2008 trial of a senior security official acquitted of Munir's killing. In February 2010 the team found that all three institutions had performed their tasks poorly and recommended renewed efforts to establish responsibility for the murder.

"The Indonesian government cannot claim military trials are a success when convicted torturers are slapped on the wrist and continue to serve in the military," Azhar said. "The government claims that they respect human rights but they ignore harassment and killing of human rights defenders, and let Munir's murder go unpunished. Sadly, the government isn't telling the truth."