WPAT, July 2007
The West Papua Report - July 2007
This is the 38th in a series of monthly reports that focus on developments affecting
Papuans. This reporting series is produced by the West Papua Advocacy Team
(WPAT) drawing on media accounts, other NGO assessments and analysis and
reporting from sources within West Papua. The West Papua Advocacy Team is a
non-profit organization. Questions regarding this report can be addressed to Edmund
McWilliams at edmcw@msn.com
Summary: The US House of Representatives has called for cuts in US assistance to
the Indonesian military (TNI) and has insisted on genuine reform within the TNI. A UN
human rights official has expressed concern about the human rights environment in
West Papua. Her visit prompted Papuans to demonstrate peacefully in support to UN
action to protect fundamental Papuan rights. In the wake of the UN visit, security
forces have cracked down on human rights defenders. A prominent Papuan political
prisoner/prisoner of conscience has been beaten in prison following his revelation of
criminal behavior by guards. Thirty Papuan, Indonesian and international human rights
organizations have written to President Yudhoyono calling for removal of a TNI official
indicted by the UN-supported Dili special crimes unit who, as a senior commander in
West Papua, has threatened to "destroy" Papuans who press for their rights. End
Summary.
Congressman Eni Faleomavaega Barred from Visiting West Papua
As the July edition of the West Papua Report was being finalized for publication we
learned that the Indonesian Government has reneged on its invitation to Congressman
Eni Faleomavaega to visit West Papua. An Indonesian spokesperson claimed the visit
was canceled over fear that it could provoke riots. The Indonesian government has
offered no evidence for this purported concern. In fact Papuans were preparing a warm
welcome for this consistent champion of human rights in West Papua.
For over one year the Indonesian government has engaged in a massive international
propaganda campaign aimed at convincing critics that its policies in West Papua are
benign. Its refusal to allow Congressman Faleomavaega to see the situation for
himself speaks volumes about the mendacity of the Indonesian propaganda campaign
and about the urgent need for the international community to address the plight of
Papuans.
U.S. Congress Demands Indonesian Military Accountability for Human Rights
Crimes in West Papua and Elsewhere
On June 22, the U.S. House of Representatives renewed its past statements of
concern about human right abuse and corruption in the Indonesian military (TNI).
Specifically, it inserted requirements into legislation funding U.S. assistance to the
Indonesian military that demand military reform and accountability. Several provisions
in the Foreign Operations Appropriations Bill (H.R. 2764) require reporting on progress
in these areas prior to the release of certain military assistance funds. The provisions
include reporting on the impact of U.S. assistance on Indonesian security forces and
any connections between US assistance and human rights violations by these forces.
The bill would cut the administration's request for Foreign Military Finance (FMF)
funds nearly in half from $15.7 million to $8 million and would delay the release of $2
million of those funds until the State Department reports on: "steps taken by the
Government of Indonesia" to prosecute and punish, "in a manner proportional to the
crime," members of the Armed Forces who have been credibly alleged to have
committed gross violations of human rights; cooperation with "civilian judicial
authorities and international efforts to resolve cases of gross violations of human rights
in East Timor and elsewhere"; and military reforms "to increase the transparency and
accountability of their operations and financial management."
In addition to reflecting the Congress's exasperation with the continued failure of the
Indonesian military to end corruption, submit to civilian direction and end human rights
abuses, the Congress also renewed expressions of concern about developments in
West Papua. Among these, the legislation would delay provision of International
Military Education and Training (IMET) until the Secretary of State reports on steps
taken by Indonesia to "to deny promotion to and to remove from service military
officers indicted for serious crimes." This provision reflects growing concern in
Congress and elsewhere that Jakarta continues to promote those indicted for war
crimes. For example, Colonel Burhanuddin Siagian, regional military commander in
West Papua, recently threatened to "destroy" any Papuans seeking their political
rights. He has been twice indicted for crimes against humanity by the UN-supported
serious crimes court in East Timor. The congressional initiative also renewed
calls for West Papua to be opened to unimpeded travel by U.N. and diplomatic
personnel, journalists, researchers and non-governmental organization personnel.
The Senate has yet to take up its version of the Foreign Operations Appropriations
Bill. Before becoming law, any differences between the House and Senate bills must
be reconciled.
UN Human Rights Official Visits West Papua And Expresses Concern Over
Human Rights There
A June 12 UN report described the visit earlier in June of the Special Representative of
the Secretary-General on the situation of human rights defenders, Hina Jilani. The
report, issued by the Secretary General's office, noted that the purpose of the June
5-7 visit was to assess the situation of human rights defenders in the light of the
principles set forth in the Declaration on Human Rights Defenders adopted by the
United Nations General Assembly in 1998. During the mission, the Special
Representative visited Jayapura in West Papua. The visit was important and welcome
as Jakarta has heretofore often blocked visits by UN and other human rights-focus
people to West Papua.
In general, the Special Representative observed that prospects for the promotion of
human rights had been considerably improved in the recent past. She also however
observed shortcomings including a lack of interagency cooperation and coordination
among institutions created to address human rights concerns. She also described
resistance to changing attitudes and institutional culture which has made it difficult for
these institutions to make a full commitment to eliminate impunity for human rights
violations. She observed that there was "even less commitment to removing impunity
for past abuses." In this context, she said she was mindful of the several cases she
has communicated to the government in the past six years on which there is still no
progress.
The Special Representative was particularly concerned by developments in West
Papua on which the June 12 report focused:
"The Special Representative is deeply concerned by the testimonies that she has
heard indicating the continuing activities of the police, the military and other security
and intelligence agencies that are aimed at harassment and intimidation of defenders
or to restrict their access to victims and to sites of human rights violations."
"She found this trend more pronounced in the Province of West Papua. She has heard
credible reports of incidents that involve arbitrary detention, torture, harassment
through surveillance, interference with the freedom of movement and in defenders'
efforts to monitor and investigate human rights violations. She was also informed of
cases where human rights defenders were threatened with prosecution by members of
the police and the military. It was alleged that when defenders have attempted to
register their complaints, this has been denied and the defenders threatened. She is
also concerned about complaints that defenders working for the preservation of the
environment and the right over land and natural resources frequently receive threats
from private actors with powerful economic interest, but are granted no protection by
the police. She 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 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. She has recommended improvement in the mechanisms in order to
ensure more credible oversight and accountability of police, the military and the
intelligence apparatus. She has also recommended the creation of special complaint
cells for registering and redressing incidents of harm or threats to human rights
defenders."
The Special Representative will present her report on this mission to the United
Nations Human Rights Council, and will make detailed recommendations for the
consideration of the government. She called for a sustained dialogue with the
Indonesian government, and expressed hope that there would be "more uniform
progress on the protection of human rights defenders in all parts of the country".
Papuans Rally to Win UN Support for Political Rights
An Agence France Press report noted that Hundreds of people rallied June 8 in West
Papua, to urge the United Nations to press Jakarta to overturn a 1969 referendum that
Jakarta has used to justify its annexation of West Papua. The rally transpired during a
visit by UN envoy Hina Jilani (see separate reports above regarding the UN official's
visit). The demonstrators call on the UN to reconsider the 1969 "Act of Free Choice"
in which 1,022 Papuans, chosen by the Indonesian Government and operating under
military pressure "voted unanimously" for annexation. Independent international
observers, including UN monitors from the period, have labeled the act a sham and a
fraud as do recently declassified US and UN documents.
"We urge the United Nations to accept the Papuan people's aspiration to review the
Act of Free Choice," rally organizer Jek Wanggai told AFP by phone. "The United
Nations must register Papuan areas as colonized zones and organize an immediate
referendum vote," Wanggai said. According to the AFP report, Wanggai said about
900 people took part in the rally in Manokwari, located 500 miles from the provincial
capital Jayapura, where UN Special Representative Jilani was meeting with officials.
Wanggai called on her to meet representatives of his movement while in West Papua.
"We no longer believe in the corrupt Indonesian justice system and hope an
international court will deal with human rights violations in Papua," he said.
Wanggai's comments and actions place him in danger. A senior Indonesian military
official in West Papua who was indicted by the UN-supported Special Crimes Unit
publicly threatened to "destroy" Papuans who spoke out for their rights, including
political rights (see separate report in June edition of the West Papua Report).
Following report documents security force pressure on Papuans in wake of UN
official's visit.
Papuans Face Threats and Intimidation in Wake of UN Official's Visit
On June 28 the Asian Human Rights Commission issued and "urgent appeal" on
behalf of Papuan human rights defenders who were targeted by the Indonesian
security forces and intelligence units in the wake of a visit by a UN human rights
official to West Papua (see above).
In its appeal, The Asian Human Rights Commission (AHRC) said it has received
"credible" information of ongoing attacks, intimidation, surveillance and threats,
including death threats, against human rights defenders from West Papua that
occurred in mid-June 2007, following their meeting with Ms. Hina Jilani, the UN
Special Representative to the Secretary General on Human Rights Defenders." The
appeal stated that members of the Indonesian military (TNI) appeared to be targeting
people who met with Ms. Hina Jilani during her visit. The appeal added that although a
formal letter has been issued to the chief of the national police and the regional
military commander of Papua province, no action had been taken by the authorities
and that the defenders continue to feel threatened while conducting their work.
The appeal cited the following cases:
The first case reported involves two persons: Frederika Korain, Priest Perinus Kogoya.
They all work for the Peace and Justice Commission for the Diocese of Jayapura
(SKP Jayapura). They attended a public hearing with Ms. Hina Jilani in Jakarta on
June 7, 2007. They returned to Jayapura on June 8, 2007. Sentani airport, where their
plane landed, was being heavily guarded by the police, military and intelligence
services, as Ms. Hina Jilani was scheduled to visit Papua. As their vehicle departed
Sentani airport they were rammed by a vehicle bearing a police license plate. As a
result of the crash, the SKP car was damaged and the passengers were in shock.
The SKP driver attempted to stop the car that had hit them, at which point two men
got out of the car and stated that they were intelligence commanders for the military
regional command. The police, who saw the entire incident, allowed them to leave the
scene of accident without being questioned. Local groups believe that this
incident was no accident, but was for the direct purpose of intimidating the two
defenders, notably as they had been being followed by the same car since they had
left the airport.
The second case involves Yan Christian Warinussy, the Executive Director of the
Institute of Research, Analysis and Development for Legal Aid (LP3BH) in Manokwari,
who has reported that he is under surveillance both at his home and office. On June 8,
2007, Mr. Warinussy met with Ms. Hina Jilani in Jayapura, and he came back to
Manokwari on June 9, 2007. Beginning that evening he was surveiled from a vehicle
both at home and at his office. Mr. Warinussy requested protection from Peace
Brigade International (PBI) and asked them to accompany him from Friday June 15,
2007 onwards.
The third case concerns Mr. Albert Rumbekwan, the head of the National Human
Rights Commission (Komnas Ham) in Papua Province. On June 11, 2007, Albert
received a text message "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." On June 14, 2007, Mr. Albert Rumbekwan received
five more text messages from the same number, again containing death threats. AT
around 8am on the same day, unidentified persons parked three cars some 20 meters
from Mr. Albert Rumbekwan's office. The perpetrators were shouting, allegedly to get
Mr. Albert Rumbekwan to come outside and see them, but he ignored them, as a
result of which they remained in the area and monitored his offices until around 4pm.
These telephonic threats have continued as have surveillance.
The Commission for Disappeared Persons and Victims of Violence (Kontras) has
already issued complaint letters concerning the three afore-mentioned cases to the
Chief of Police for the Province of Papua (Kapolda Papua), Regional Military
Commander of Trikora, chief of National Police (Kapolri), Foreign Affairs Minister of
Indonesia, and the Head of Komnas HAM in Jakarta. However, no effective action has
yet been taken to investigate these incidents.
Papuan Prisoner of Conscience Beaten for Revealing Guards' Criminality
Reliable reporting from inside West Papua indicates that in June, Filep Karma,
recognized by Amnesty International and other human rights organizations as a
"political prisoner" and prisoner of conscience" in June was attacked by guards as a
consequence of his reporting of criminality by local guards.
On the 12th June 2007, TOP TV (Papuan Local TV), Cenderawasih Post and Papua
Post (newspapers) published Filep Karma's report about violence and extortion which
is being committed by Indonesian prison officers. Included in the report, he reported
that the prison officers receive bribes and also have stolen the prison's tools and
equipment which were used by prisoners for training and practical activities. He
reported that the prison officers took them and used them as their personal
belongings.
In addition, he reported about a list of names of the prisoners who have bribed the
prison officers and who are now enjoying freedom outside the prison.
As a result of Filep Karma's report which was published by the media, two prison
officers dragged him by the collar of his shirt. As a result of their action his shirt was
torn , his feet were injured and his back bone and his coccyx (tailbone) which was
injured when he was arrested in 2004 are now very painful again.
Until the publication of Filep Karma's report, he had twice weekly health checks.
Prison authorities ended this practice following publication of the report sourced to
Karma.
International Groups Expose Criminal Past of TNI Officer Now Issuing Threats
against Papuans
On June 28 30 Papuan, Indonesian and international human rights organizations
called attention to the the presence in West Papua of a senior Indonesian army officer
indicted on crimes against humanity charges in East Timor (now Timor-Leste). The
groups underscored that the officer's presence in West Papua endangers human
rights defenders and political activists and is a sign of the Indonesian government's
lack of commitment to justice and accountability.
In an open letter to President Susilo Bambang Yudhoyono of Indonesia (see
http://tapol.gn.apc.org/news/files/let070628.htm), the organizations called for Col.
Burhanuddin Siagian, commander of the Jayapura sub-regional military command
(Korem 172) in Papua, to be withdrawn immediately and suspended from active duty.
They urged the Indonesian government to review all evidence against Col. Siagian and
other high-level East Timor suspects to determine whether proceedings should be
commenced and to extradite to East Timor those indicted by Dili's Special Panel for
Serious Crimes.
A June 28 Tapol media release quoted Paula Makaboury as stating "It is shocking
that a government supposedly committed to military reform and fighting impunity
would appoint an indicted officer to a sensitive senior post in Papua." said Paula
Makabory, the exiled coordinator of the International Human Rights Campaign for the
Papuan rights group, ELSHAM. "Papuans will continue to have their rights trampled
on until the civilian authorities exert control over military behavior and ensure
accountability for past abuses," she added.
As reported in the June issue of the West Papua Report, Siagian publicly threatened
to "destroy" anyone who "betrays" Indonesia. His threat was targeted at those
Papuans demanding their political rights. His statements ominously echoed
statements he made when serving as Maliana as military commander of the Bobonaro
district of East Timor in 1999. Two indictments issued in 2003 state that he made
speeches threatening to kill East Timorese independence supporters and was
responsible for the deaths of seven men in April 1999 (See
http://jsmp.minihub.org/indictmentspdf/Cailacoindnannexeng07feb03) and
http://jsmp.minihub.org/indictmentspdf/Maliana_Burhanuddin22_7_03.pdf).
The organizations in their letter underscored that Papuans who campaign peacefully
are not betraying Indonesia as alleged by Col. Siagian, but simply asserting their right
to express their political views. They called upon President Yudhoyono to show his
commitment to freedom of expression and support this right.
The organizations concluded their letter as follows: "We are dismayed by Indonesia's
lack of respect for the rule of law and its apparent determination to perpetuate a cycle
of impunity that encourages military personnel to believe they will escape justice for
past and future violations of human rights," said Matthew Jamieson Secretary of the
Institute for Papuan Advocacy & Human Rights in Australia. "Indonesia has failed to
keep its obligations under international law and Indonesian domestic law to prosecute
Col Siagian for his alleged crimes."
Indonesian Government in West Papua Replicating Infamous East Timor
Strategy
Reliable accounts from West Papua report Indonesian agents are suborning Papuans
along the lines of efforts in East Timor a decade ago aimed at creating pro-Jakarta
elements in support of a propaganda campaign. As with militia and pro-Jakarta
Timorese, those recruited will wear T-shirts printed with pro-integration logo's. More
ominously, Indonesian security officials will train these recruits to "defend" Indonesia
against "separatists." Similar militias in East Timor and Aceh were employed by the
military and police to terrorize local critics of Jakarta. It is not clear whether these
Papuan militias will be armed, although in the past, the Indonesian military has armed
migrant-based units, raising communal tensions.
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