Papua rector calls for Jakarta-Papua dialogue to end all violence

Netty Dharma Somba, The Jakarta Post, Jayapura | Thu, 10/27/2011

Following the eruption of violence in Papua over the past two months that has claimed eight lives, Pater Neles Tebay, rector of the Fajar Timur School of Theology and Philosophy (STFT) in Jayapura, has called for a Jakarta-Papua dialogue to be held immediately.

“This dialogue is very important not only to end the violence but also to prevent it from recurring in Papua,” he said in a press release on Thursday.

Neles said he hoped that every party concerned with conditions in Papua, including members of the Catholic Church abroad, would pray and support the idea of such a dialogue.

“Because only through such a dialogue, the root of the conflicts in Papua can be identified and solutions can be found, without violence and blood,” he said.

Meanwhile, the Indonesian Communion of Churches (PGI) said that the recent fracas in Papua should be used as momentum to reevaluate the region’s security management.

“The handling of security in Papua should be reviewed. Give the people space without the presence of the khaki troops (soldiers). For 40 years, the people have been traumatized by the khaki troops. Return the Army to its proper duty of defending the country,” PGI deputy president Father Phil Erari said.

Erari was critical of the measures taken by security forces sent to disperse participants of the third Papuan People’s Congress on Oct. 19, in which guns and violence were used by the police to enforce their authority. Three men were killed as a result.

“The police faced unarmed people with guns, as though they were squaring up against an opposition that would destroy the country or directly declare independence,” he said.

Amid all the security turmoil in Papua, the Papua Police have replaced the deputy chief, installing Brig. Gen. Paulus Waterpauw in place of Brig. Gen. Unggung Cahyono, who has been appointed West Kalimantan police chief.

The situation of human rights in Papua, IndonesiaJoint written statement at the UN Commission on Human Rights' 61st Session, Item 9: Question of the v

Joint written statement at the UN Commission on Human Rights' 61st Session, Item 9:
Question of the violation of human rights and fundamental freedoms in any part of the
world, 9 March, 2005

Introduction

Franciscans International, a non-governmental organization in General Consultative
Status with the Economic and Social Council (ECOSOC), together with other
NGOs in Special Consultative Status with ECOSOC, including Catholic Institute
for International Relations, Social Service Agency of the Protestant Church in
Germany, Dominicans for Justice and Peace, Forum Asia, Pax Christi International,
Pax Romana, and the World Council of Churches, in cooperation with the Central
Missionary Board Netherlands, Cordaid, Geneva for Human Rights, ICCO,
Justitia et Pax Netherlands, Kerkinactie, Office for Justice and Peace Jayapura,
Office for Justice and Peace Merauke, Office for Justice and Peace Sorong, and
United Evangelical Mission submit this written communication to the Commission
on Human Rights with regard to the human rights situation - in the areas of
both civil and political rights and economic, social and cultural rights - in the
Province of Papua, Indonesia. The content refers in particular to the last 12 months
(January 2004-January 2005).

Civil and political rights

We acknowledge the progress made by the government in facilitating the Papuan
people's right to participate in government and in free elections. Three consecutive
elections, one round of parliamentary and two rounds of presidential elections
have been successfully held in free, fair and secure conditions.

We acknowledge also the fact that more Papuans have become legislators both at
the district and provincial levels. Nonetheless, we noted in Mimika, Jayawijaya,
Manokwari and Nabire, the tendency on the part of some candidates and political
parties to use any means at their disposal to push the Regional Election
Commission (Komisi Pemilihan Umum Daerah/KPUD) to secure their seats in the
district parliaments. Their lack of success does not exonerate their behaviour. This
situation has not only led to continuing political conflict in several districts but
has also prevented the district and provincial parliaments serving the people's
interests.

In other areas, we are deeply concerned at reports from our partners of the ongoing
practice of torture, arbitrary arrest and detention and displacement reportedly
committed by the security apparatus in spite of the adoption by Indonesia
during the 60th session of the UN Commission on Human Rights of Resolutions
nos 39, 41, 55. The cases of extra-judicial killings reported in the villages of
Mariedi, Bintuni District where BP Tangguh Gas project is located, and in Mulia,
District of Puncak Jaya, also cause us deep concern. In Mariedi, five people were
shot dead by the police and two were injured and charged with treason and membership
of the Free Papua Movement (OPM). These people were in fact asking
for fair compensation for their land rights from the Djayanti timber company. In
Mulia, the situation remains unclear following the killing of a local priest, Elisa
Tabuni, by the security forces that caused displacement, fear and terror. The religious
leaders have repeatedly urged the Provincial Parliament (DPRD) to request
the Indonesian National Commission on Human Rights (KOMNAS HAM) to
conduct a thorough investigation but to date, no action has been taken.

Puncak Jaya exemplifies the gravity of the general situation. We must also emphasize
that the human rights situation in Western Wamena has not improved since
the large-scale military operation conducted two years ago.

In the last twelve months, the stigma of separatism is regularly imposed on individuals
or institutions that the security forces consider to be suspicious. The judicial
system has proved its inability to convene fair trials owing to the pervasive
influence of the security apparatus. This was illustrated by the trials of the suspects
of the Wamena case and the Bolakme case where the court tried and sentenced
the suspects to the fullest extent possible, despite weak evidence and irregularities
during the trial.

Human rights defenders in Papua are also under threat. The Institute for Human
Rights and Advocacy (ELSHAM), Aliansi Demokrasi Papua (ALDP), Triton
Foundation and the Office for Justice and Peace Sorong are among those who have
been criminalized or arbitrarily arrested and detained due to their work to protect
and promote human rights in different parts of Papua.

From the many reported human rights cases, to date it is only the Abepura case
of 2000 which has been brought to the Permanent Human Rights Court in
Makassar, having been pending for more than three years in the Attorney General's
office. Whilst this is progress, it should be noted that the Attorney General
brought only two suspects to trial, whereas Komnas Ham had listed 25 suspects
in its investigation. Moreover, during the legal proceedings, the panel of judges
dismissed the victims' claim for compensation arguing that such a claim is not
regulated by Law 26/2000 of the Human Rights Court. Therefore, despite
Indonesian support to CHR Resolution 2004/33, we are worried that this court
runs the risk of perpetuating what appears to be an unbreakable cycle of impunity
in Indonesia. We base our concerns upon the fact that ad hoc human rights tribunals
(Tanjung Priok and Timor Leste) eventually acquitted the key perpetrators.
Without strong political will on the part of the new government, the dossiers
of Wasior (13 June, 2001) and Wamena (4 April, 2003), the result of the Komnas
Ham investigation which has been submitted to the Attorney General for prosecution,
seem likely to meet a similar fate.

Economic, social and cultural rights

While we acknowledge the progress made by the new democratically-elected government
in establishing the branch office of Komnas Ham in Papua on 10 January
2005 and the Majelis Rakyat Papua, in fulfillment of the provisions of the Special
Autonomy Law for Papua (Government Regulation 54/2004), the following needs
also to be borne in mind.

Despite the Constitutional Court Decision No. 018/PUU-I/2003 of 11 November,
2004, the conflict of the division of the province continues to exist since the Court
annulled the legal basis of Western Irian Jaya but at the same time recognized
the existence of this particular province along with the Province of Papua. This
confusion around the implementation of the Special Autonomy Law remains unresolved
since the government regulation 54/2004 on the Papuan People's Council
(Majelis Rakyat Papua/MRP) stipulates that the MRP, the provincial government
and the provincial parliament have to solve the problem in conjunction with the
central government. It does not appear that the central government wants to deal
with the problem.

In spite of the existence of the Special Autonomy Law, Papua remains ranked the
second lowest in the Indonesian Human Development Index of 2004. This is
despite its Gross Regional Domestic Product (GRDP) being ranked the third
highest in Indonesia based upon income from the trading of our rich natural
resources. This situation is no different to the one Papua faced in 1999 prior to
the implementation of the Special Autonomy Law. Among 26 districts and two
municipalities in Papua, Jayawijaya ranks the lowest of all in terms of HDI index
in Papua as well as in the whole of Indonesia. Our partners report that the public
service sector in Jayawijaya is collapsing: specialist doctors have left the city;
public servants, teachers, and local parliamentarians have been on strike in protest
at unpaid wages; and even the business community held a protest to draw attention
to the unpaid debt of the district government. In spite of mass protests in
Wamena calling for justice and appropriate action to remedy the declining situation,
the government's neglect has persisted.

Given the low rank of HDI, the 2004 UNDP report clearly identifies that available
income is not adequately invested in public services. Our partners are asking
for explanations for this severe neglect. The government admits that corruption is
a major problem in Indonesia and it is part of the new government's commitment
to combat corruption. However, action undertaken to investigate such allegations
(for example, corruption at the provincial level of Papua, in the Provincial Parliament
of Papua and in the District office of Jayawijaya) is slow in coming.

In relation to the revenues generated from natural resources, we note that the rights
of indigenous peoples to benefit from the income secured are often violated. Conflict
between the indigenous peoples and the business sector is perpetuated by the nonexistence
of a legal framework to protect the indigenous people's entitlements. In
practice, while the business sector appeals to state law, the indigenous peoples rely
on customary law. This mismatch frequently leads to human rights violations.
Examples are cases in Mariedi-Bintuni (2004) and Assue-Mappi (2004).
It is also common that the business development of these regions leads to the
encouragement of prostitution and growing cases of trafficking in human beings,
especially women and children. This in turn feeds the rapid spread of the HIV/AIDS
pandemic in Papua. A related social problem is the growth of alcoholism that in
turn significantly impacts on the number of cases of violence against women and
children, as well as declining standards of health in general. This situation remains
neglected by the government.

We believe this to be a corrosive and degenerative process that is gradually but
systematically destroying an entire people. There is an urgent need for the government
to put in place locally legal mechanisms, which can guarantee the economic,
social and cultural rights of Papuans. Signing and ratifying without delay
the International Covenant on Economic, Social and Cultural Rights, as well as
the International Covenant on Civil and Political Rights, would be a welcome
development in remedying this egregious situation. This would go some way to
beginning the implementation of the Special Autonomy Law 21 of 2001.

Promoting Peace

Our partners in Papua remain passionately committed to building Papua as "a
land of peace - free from violence, oppression and grief". They acknowledge statements
made by the government and security apparatus stating their willingness
to participate in peace activities such as the commemoration day of 5 February.
They are calling upon State bodies systematically to address the social injustices
and human rights violations of both civil and political, as well as economic, social
and cultural rights.

As non-governmental organizations with partners in Papua, we call upon the
Commission on Human Rights:

1. To urge the Indonesian government to apply a rights-based approach to
development in implementing the Special Autonomy Law;
2. To urge the Indonesian government to protect and respect the rights of
indigenous peoples in Papua;
3. To grant necessary support to the Indonesian government to promote peace
and solve the conflict with recourse to the mechanisms provided by the
Special Autonomy Law;
4. To grant the necessary support to the Indonesian government to uphold
the rule of law, so as to combat both impunity and rampant corruption;
5. To urge the new democratically-elected government to sign and ratify all
key international human rights treaties, especially the two international
covenants on Economic, Social and Cultural rights and Civil and Political
rights;
6. To urge the Indonesian government to fully cooperate in the implementation
of the Special Procedures, by inviting and providing unrestricted
access to places, individuals and communities in Papua and all other parts
of Indonesia to the thematic mechanisms, in particular to those that have
repeatedly requested invitations, but have so far not received permission
to visit, including the Special Rapporteur on torture, Special Representative
of the Secretary General on human rights defenders, and Special Rapporteur
on violence against women, its causes and consequences.

source: http://www.oikoumene.org/en/resources/documents/wcc-commissions/international-affairs/human-rights-and-impunity/the-situation-of-human-rights-in-papua-indonesia.html

Human Rights and the Resistance Movement

"Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and to full guarantees against genocide or any other act of violence. Indigenous peoples have the right to the conservation, restoration and protection of the total environment and the productive capacity of their lands, territories and resources, as well as to assistance for this purpose from States and through international cooperation. Military activities shall not take place in the lands and territories of indigenous peoples, unless otherwise freely agreed upon by the peoples concerned."

Draft Declaration on the Rights of Indigenous People, The United Nations Commission on Human Rights

The source of the human rights problems in West Papua is the colonisation and subsequent dispossession of the lands and resources of the indigenous peoples. They have been prevented from exercising their fundamental freedoms, including their right to development in accordance with their own needs and interests.
A frequent and pervasive cause of dispute has been over land rights. The appropriation of tribal or clan land for development projects, from forestry, mining or road construction to Transmigration settlements, has resulted in large numbers of indigenous people being removed from their traditional land, invariably leading to conflict with the armed forces as well as physical and emotional harm for the people affected. Since the takeover of West Papua by Indonesia in 1963, violations of human rights have been widespread. Many of the violations have occurred in the context of on-going conflict between the OPM (Organisasi Papua Merdeka, or Free Papua Movement) and the Indonesian forces.
Since the takeover there has been a popular peaceful resistance, supported across the province. According to Amnesty International's 1994 report, there are over 140 political prisoners from West Papua currently serving sentences of between two years and life imprisonment for subversion. Many of these are prisoners of conscience, jailed for their non-violent political activities or beliefs.
During the 1960s and mid 1970s, a number of rebellions took place in Manokwari, Enarotali and other regions including the Baliem Valley. The Freeport mining installations were attacked by the OPM with the local Amungme people in 1977. The army exacted a heavy toll in response to these attacks, bombing and strafing villages and killing thousands of civilians. As ABRI (Indonesian armed forces) troops were incapable of penetrating the jungle to discover guerrilla camps, they resorted to reprisals. To stamp out armed resistance, villages were attacked and suspected subversives were summarily executed. Others were forcibly resettled in low altitudes, where twenty per cent of infants died because of lack of resistance to malaria.
The army also conducted operations to undermine support for the resistance by persecuting the families of people believed to be fighting in the bush. The wives of guerrillas were assaulted, their parents arrested. Villages suspected of supporting the OPM were destroyed, people chased from their homes, livestock killed and property looted. It is difficult to put an exact figure on the number of West Papuans killed since Indonesia took , control in 1963, but estimates vary from between 70,000 to 200,000.

The United Nations and International Humanitarian Law

In 1990, Protocol I of the Geneva Convention was adopted, providing for the protection of civilians. "The parties to a conflict must always distinguish between civilians and combatants. Starvation of civilians and attacks on the natural environment are specifically prohibited." Under the Declaration on the Protection of Women and Children in Emergency and Armed Conflict proclaimed by the General Assembly in 1974:
"All forms of repression and cruel and inhuman treatment of women and children, including torture, shooting, mass arrests, collective punishment and destruction of dwellings and forcible eviction, committed by belligerents in the course of military operations or in ocupied territories are to be considered criminal".
The legal status of combatants struggling against colonial and racist regimes for the right to self-determination was defined by the UN General Assembly in 1973. The principles agreed were as follows:
"Such struggles are legitimate and in full accord with the principles of international law.
Attempts to suppress struggles against colonial and racist regimes are incompatible with the UN Charter, the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples as well as with the Principles of International Law concerning Friendly Co-operation Among States. Such attempts constitute a threat to peace and security."
Participants in resistance movements and freedom fighters if arrested are to be accorded the status of prisoners of war under the Third Geneva Convention.
Amnesty International, while not permitted to enter the territory, has received many reports of ill treatment and torture of political detainees. Prisoners are said to be beaten, submerged in water tanks, burned with lighted cigarettes and given electric shocks. Lawyers who have visited some of the detainees report that they do not receive adequate medical attention. Many political prisoners have been transferred to Java without notice to the prisoners, their relatives or their lawyers. It is not only the psychological effect of such separation that can cause problems. In Indonesia prisoners often rely on food, clothing and medicine brought by visitors to supplement that which is received through the prison system and this separation raises a humanitarian concern, particularly for those who are elderly or in poor health.
One of the most common ways of showing peaceful defiance has been to hold flag raising ceremonies. One such event took place in December 1988, when approximately sixty people were arrested after gathering at the Mandala sports stadium in the capital, Jayapura. The ceremony began with a prayer reading, followed by the raising of the "West Melanesia" flag and the singing of the national anthem "Tanahku Melanesia" (My Country Melanesia). Before the ceremony could conclude, military vehicles arrived and soldiers detained all those present. Over the next month, thirty-seven of those detained, including priests, university lecturers and civil servants were found guilty of subversion and sentenced to terms of between 2 and 20 years in prison. The wife of the group's leader was gaoled for nine years for sewing the flag.
Two of the better known cases of human rights abuses are those of Mecky Salosa and Arnold Ap. Salosa, one of many ill-treated West Papuan refugees involved in border crossing events in recent years, was murdered after being returned to Indonesia by the PNG government in 1901. Arnold Ap, anthropologist, traditional musician and cultural figure, was tortured and executed by Indonesian authorities in 1984.
The most recent abuses have occurred between June 1994 and March 1995 in an area close to the US based Freeport McMoRan copper and gold mine. Eyewitness accounts of events report that 22 civilians and 15 alleged guerrillas have disappeared or have been killed by the military, assisted by security forces employed by the Freeport McMoRan mine. Others were arrested, beaten, tortured or forced to flee into the jungle. The incidents occurred because of protests by the Amungme, Dani and other indigenous people, who with members of the OPM were demonstrating against the expansion of Freeport's huge mine at Tembagapura. It is also reported that the Indonesian government is to relocate a further 2000 people from the Tembagapura area to the lowlands during 1995, leading to possible further human rights abuses and deaths in the resettled area due to malaria.
Australia has become the most important foreign provider of military training to Indonesia, displacing the United States, which cancelled all such training following the 1991 Dili massacre. The number of Indonesians training at Australian defence installations jumped from 5 in 1991 to 225 in 1995, increasing to 375 by 1996. Many of these will be instructors, who will in turn pass on their skills to others in the armed forces (ABRI). The scheme costs the Australian taxpayer $3.2 million. Kopassus, the Indonesian Special Forces Command, which has been involved in the program, has been criticised for human rights abuses in West Papua, East Timor, and other parts of Indonesia.
Australia also takes part in combined military exercises with ABRI, and is a supplier of arms to Jakarta. This is an issue of concern for many Australians, and Foreign Minister Evans and Defence Minister Ray should be made aware of the disquiet felt by many people in this country and abroad. (Refer to 'Further Action' section).

source: http://www.cs.utexas.edu/~cline/papua/rights.htm