Fury erupts as Megawati sets 1 May deadline for KPN commission

A decision by President Megawati Sukarnoputri that the KPN commission
(National Investigation Commission) should complete its investigation into
the killing of Theys Eluay by 1 May has aroused anger among West Papuan
leaders. She set the date because of its 'historic significance' as the
date on which West Papua was, as she put it, 'incorporated into the
Indonesian Republic'.

Deputy head of the Papuan Presidium Council, Tom Beanal, said this was a
humiliation for the West Papuans. 'The President describes it as a historic
day for West Papuans, but for West Papuans it is a day of humiliation.'

It was on 1 May 1963 that the UN temporary authority, UNTEA, in West Papua,
withdrew, leaving the territory under the de facto control of the
Indonesian authorities.

The President's decision is a mark of the gross insensitivity of the
Republic's political elite with regard to deep-rooted feelings in West
Papua, the more so since the KPN has been set up to investigate the killing
of a man who had openly challenged West Papua's incorporation into the
Republic of Indonesia.

The President's decision was announced during a three-day visit to Jayapura
by members of the KPN, established in February to conduct investigations
into the killing of Theys Hiyo Eluay, the chair of the Papua Presidium
Council.

Deputy chair of Commission A of the regional assembly, Marthen R. Marey,
said following a meeting with members of the Commission on Tuesday, 26
February, that the Commission will not conduct new investigations but will
'synchronise' the investigations already conducted by the local police
force and the special mission of the Military Police (POM), so as to reach
a common conclusion.

Weeks before the KPN team's visit, a team from the military police headed
by Major-General Djasri Maarin, conducted its own investigations which were
described as being 'pro justitia', meaning that they would lead to formal
indictments.

The four-man team from the KPN which visited Jayapura last week was headed
by the Commission's chair, retired police general, Koesparmono Irsan, who
is also a member of Komnas HAM, the National Human Rights Commission.
Koesparmono told the press that the KPN would be divided into three teams,
one of which would be headed by himself, another would be headed by
Major-General Djasri Maarin, commander of the military police, and the
third will be headed by the head of the police force (Polri) criminal
investigation bureau, M. Kesman.

He said that in addition, a local team, headed by the Rev. Phil Erari (one
of two Papuans who decided not to quit as members of the KPN) which will be
composed of two police officers, two members of the Trikora regional
military command, and two from the regional attorney general's office. This
latter team would be the channel for local inhabitants to air their views.
'They are all independent figures (sic),' said Koesmarpono, 'and are local
officials'.

The structure of the investigation teams as decribed above only reinforces
the impression that the KPN investigations are dominated by the military
and the police, and undermines still further the claimed 'independence' of
the Commission set up by President Megawati.

Koeparmono also told Antara that if the KPN were to reach the conclusion
that a gross human rights violation had been committed, these findings
would be adopted by the National Human Rights Commission and then passed on
to the Attorney-General for formal investigations. According to the 2000
law on human rights, where gross human rights have been committed, it is
the duty of Komnas HAM to conduct the investigation. But Koesparmono said
that such a procedure would be cur short as the KPN's findings would be
'adopted' by Komnas HAM. This suggests that an undestanding has already
been reached between the government and Komnas HAM on how to deal with the
assassination of Theys Eluay.

1 May, a Day of Humiliation
Meanwhile, Tom Beanal said that 1 May 1963 was the starting point for years
of repression, killings and attacks against the people of West Papua. 'If
the results of the KPN are to be announced on 1 May this year, it means
that the government will be saying that the greatest thing that has
happened is the killing of Tehys Eluay, a foremost leader of the West
Papuans.'

Beanal also condemned the fact that the findings of the police
investigations into the death which were conducted soon after the
assassinationhad still not been made public. He warned that what was
happening was a move to conceal the facts about the killing. 'Teams have
come and gone and now the KPN is saying that they will announce their
findings on 1 May. Why do we have to wait till then?' he asked.

'The KPN is not independent because it is answerable to the state and to
the president. What happens if it was the government that ordered the
killing of Theys. From what we have seen, the government was involved,'
said Beanal.

(Sources: Cendrawasih Pos and Antara, 27 February
and Cendrawasi Pos, 1 March)
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath, Croydon CR7 8HW, UK.
tel +44 020 8771 2904 fax +44 020 8653 0322
tapol@gn.apc.org www.gn.apc.org/tapol

URGENT ACTION
Amnesty International (UA 43/02 AI Index: ASA 21/006/2002)

11 February 2002
Fear for Safety
INDONESIA Johanes G. Bonay (m), aged 39
John Rumbiak (m), aged 39
and other Human Rights Defenders in Papua Province

Human rights activists in Papua Province have received threats that they
will be killed by the Special Forces Command (Kopassus) because of their
involvement in investigating the killing of local political leader, Theys
Eluay on 10 November 2001.

At around 12.15 pm on 11 February, a staff member of ELS-HAM (Institute for
Human Rights Studies and Advocacy) received a phone call, informing her that
ELS-HAM director Johanes G. Bonay and ELS-HAM Supervisor John Rumbiak were
among a group of people considered "dangerous" by Kopassus. The caller added
that Kopassus were planning to eliminate a number of Papuans considered
"dangerous" before the end of their tour of duty in Papua on 7 March.

The phone call was received after a joint statement by three Papuan human
rights organizations including ELS-HAM, Legal Aid Institute Papua (LBH
Papua) and the Commission for Anti Violence and Forced Disappearance Papua
(Kontras Papua) was issued on 11 February. In the statement, the three
organizations rejected the establishment of the National Inquiry Commission
(KPN)and the Central Military Police Inquiry Commission (Tim Puspom TNI) to
investigate the killing of Theys Eluay.

ELS-HAM has already carried out an investigation, which pointed to evidence
of Kopassus involvement in the death of Theys Eluay. The police have also
carried out an investigation into the killing. Although the findings have
not been made public, statements by the Papuan Chief of Police also indicate
Kopassus involvement in the killing. ELS-HAM, other human rights
organizations and churches are concerned that the new government
investigation is neither credible nor independent and is calling for a fully
independent inquiry.

BACKGROUND INFORMATION

Theys Eluay was an independence activist in Papua and in February 2000 he
became chair of the Papuan Presidium Council which was created to lead
civilian support for Papuan independence. (See News Service 199, 12 November
2001, ASA 21/052/2001).

Over the last year human rights defenders in Papua have come under increased
pressure. On 15 December 2000 Johanes Bonay was detained overnight for
questioning, in relation to ELS-HAM reporting on torture and death in
custody of students in Abepura. Demianus Wakman of the Legal Aid Foundation
(LBH Papua) was summoned in the same case, as were a number of journalists
who had reported statements made by ELS-HAM and LBH on the Abepura case. On
18 July 2001 Johanes Bonay received two death threats by telephone. John
Rumbiak has been threatened with arrest in relation to investigations into
the "disappearance" of Humbertus Wresman (see UA 165/01 ASA 21/026/2001, 3
July 2001 and follow ups). Other activists with ELS-HAM and with other human
rights organizations including LBH have also been subjected to harassment
and intimidation.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in
English or Indonesian or your own language:
- urging the authorities to take immediate and concrete measures to
guarantee the safety of Johanes G. Bonay, John Rumbiak and other human
rights defenders in Papua;
-calling on the authorities to identify the sources of the threats and if
substantiated, take immediate and appropriate action against those
responsible;
- 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 human rights defenders under the UN Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms.

APPEALS TO:

Commander, Kodam VIII/ XVII Trikora
Maj. Gen. Mahidin Simbolon
Jl. Polimak Atas
Jayapura, Papua
Indonesia
Fax: + 62 967 31642
Salutation: Dear Major General Mahidin Simbolon

Commander of the Armed Forces
Admiral Widodo Adisutjipto
Panglima TNI
Markas Besar TNI
Jl. Medan Merdeka Barat No. 13
Jakarta Pusat
Indonesia
Fax: + 62 21 356 404
Salutation: Dear Admiral Widodo Adisutjipto

COPIES TO:

President Megawati Sukarnoputri
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
Indonesia
Telegrams: President Megawati Sukarnoputri, Jakarta, Indonesia
Fax: 62 21 345 2685 (via State Secretariat) / 62 21 526 8726 / 62 21 380
5511 / 62 21 345 7782
Salutation: Dear President

Embassy of the Republic of Indonesia
His Excellency Mr Sudjadnan PARNOHADININGRAT
8 Darwin Avenue Fax : (02) 6273 6017
Yarralumla ACT 2600 Email : Embindo@cyberone.com.au

PLEASE SEND APPEALS IMMEDIATELY. Check with the AI section office, on 1300
300 845 if sending appeals after 25 March 2002.

***************************************

Papuan priest fears for rights activists

By David Shanks

The Irish Times, 20 February 2002

Separatists and human rights activists fear that two important figures in Papua province are under death threats from Indonesian special forces, a Papuan priest and journalist has said in Dublin.

The alleged threat to the two activists - Mr John Bonay and Mr John Rumbiak of the Legal Aid Institute Papua ELS-HAM - arises from their rejection of the work of two Indonesian inquiries into the assassination last November of the disputed territory's venerated symbolic figure of independence, Theys Hiyo Eluay, who was 62.

Activists believe he was murdered by the military and an investigation by ELS-HAM indicated this. Local church leaders have written to President Megawati Sukarnoputri criticising military involvement in the inquiry.

Father Neles Tebay, a priest working for the past two years as a correspondent in the province for the Jakarta Post, said: "We can expect to see an attempt on the lives of Bonay and Rumbiak before March 7th" - when the present contingent of Kopassus special forces is expected to end its tour of duty in the territory.

The guest in Ireland of West Papua Action, Father Tebay last week met the Fine Gael and Labour spokesmen on foreign affairs, Mr Jim O'Keeffe and Mr Michael D. Higgins, besides NGOs and church figures.

On a visit to Ireland last April Mr Rumbiak met the Minister of State at the Department of Foreign Affairs, Ms Liz O'Donnell.

Father Tebay said that as a member of the UN Security Council Ireland could take a leading role in putting West Papuan self-determination back on the UN agenda and drawing attention to human rights abuses there by Indonesian troops. About 100,000 people, mainly civilians, have been killed, he said.

Papua was awarded to Indonesia in 1969 under an "Act of Free Choice", which has recently been authoritatively rejected as a sham.

Papuan separatists know it as the "Act of No Choice", in which 1,022 elders voted to exchange Dutch colonialism for Indonesian colonialism.

Many did so at the point of a gun, according to journalists at the time. But confirmation of the sham came last November when the then UN under-secretary general, Mr Chakravarthy Narasimhan, admitted the vote was a "whitewash".

Mr Narasimhan's statement was hailed by two former Irish foreign ministers, Mr David Andrews and Mr Dick Spring. Both also called for an independent inquiry into the Theys Eluay killing.

Non-violent leaders on trial

From: Tapol
14 February 2002

Three leaders of the Papuan Presidium Council are currently on trial in
Jayapura, facing the charge of 'rebellion', under Article 106 of the
Criminal Code.

The three are Don AI Flassy, the Rev Herman Awom and Thaha Alhamid, the
Council's general secretary. Before he was assassinated, the PDP chair,
Theys Eluay, was also one of the defendants. The fifth defendant, John
Mambor, has not been in court for the last few sessions because of ill-health.

At a hearing on 11 February, the prosecutor repeated his demand to the
judges to pass a sentence of two and a half years in prison after rejecting
the contents of the defence plea entered by the men's team of lawyers at
the previous hearing.

The trial will continue on Monday 18 February.

NGOs, church leaders want teams on Theys disbanded

R.K. Nugroho, The Jakarta Post, Jayapura

The Jakarta Post
February 12, 2002

Two government teams investigating the mysterious death of Papuan
independence leader Theys Hiyo Eluay should be disbanded, non-governmental
organizations and church groups demanded on Monday.

On Feb. 5, President Megawati Soekarnoputri approved a team that included an
army general, a National Police chief detective, government officials and
four Papuan figures.

The 11-member National Investigation Commission (KPN) is led by Koesparmono
Irsan, a retired police general and current member of the National Commission
on Human Rights (Komnas HAM).

The Indonesian Military (TNI) is also investigating. Its team is led by
Military Police chief Maj. Gen. Djasri Marin, who is also a member of the
KPN.

At least three Papuan-based non-government organizations -- the Institute of
Human Rights Study and Advocacy (Ell-Sham), the Commission for Missing
Persons and Victims of Violence (Kontras) and the Legal Aid Institute (LBH)
-- have opposed the two teams and demanded the government disband them.

Opposition also came from leaders of several churches in the troubled Papua
province, known also as Irian Jaya.

They called for an independent team comprising credible individuals, forensic
experts, legal and human rights activists and United Nations' officials.

They doubted the trustworthiness of the government teams, including the four
Papuan figures.

"Apart from a lack of credibility, the establishment of the teams are not
legal," Ell-Sham Executive Director Johanes Bonay, a spokesman for the
protesting NGOs and church leaders, told a press conference.

He said the establishment of the teams breached Law No. 39/1999 on human
rights, under which only Komnas Ham had the authority to investigate human
rights cases, including Theys' murder.

"It is therefore very clear that both teams have no right to conduct an
investigation," Bonay added.

LBH Director of Papua branch Demianus Wakman said the teams were part of a
government move to ensure that the murder of Theys was classed as a "common
crime", not one against humanity.

"It has been clearly seen in Presidential Decree No. 10/2002 on KPN that the
death of Theys Hiyo Eluay was a common crime," he said.

Viston Sinaga of Kontras said the suspected murder involved systematic
violence against Papuans.

Benny Giay, a local church leader, said experts involved in the teams were
"not representative" and that the Indonesian Christian Church (GKI) rejected
their establishment.

He said GKI Chairman Herman Saut had written to President Megawati on Friday,
rejecting the involvement of Karel Theeil Erari in the KPN as a
representative of the church.

Another three Papuans included in the team are Jhon Ibo, Simon Patrice Morin
and Lukas Karl Degey.

Theys, a charismatic Papuan leader from the separatist Papua Presidium
Council (PDP), was found dead in his car in an area bordering Papua New
Guinea on Nov. 11, 2001, a day after he was reportedly kidnapped by
unidentified assailants.

The abduction took place only a quarter of an hour after he and his driver
Aristoteles Masoka returned from attending Heroes Day celebrations at the
Army's Special Force (Kopassus) compound in Hammadi.

Local religious leaders and Papuan activists said members of Kopassus may
have played a role in the killing.

Coordinating Minister for Political and Security Affairs Susilo Bambang
Yudhoyono and Army Chief of Staff Gen. Endriartono Sutarto have admitted the
possible involvement of military personnel in the murder.

Jakarta throws Amnesty workers out

By Don Greenlees, Jakarta correspondent

The Australian 6 February 2002

INDONESIA has expelled two Amnesty International staff after
claiming they were carrying out an investigation into the death of
Papuan independence leader Theys Eluay and had breached
their visa conditions.

The two London-based staff members, Lucia Withers and
Signe Poulsen, were forced to cut short a human rights
fact-finding visit to Papua by five days when the order came
from the Ministry for Foreign Affairs for them to leave.

A ministry spokesman said the pair had violated visa conditions
by making inquiries into the circumstances of Mr Eluay's killing
by members of Indonesia's Kopassus special forces.

The spokesman said their visa had limited their travel to the
islands of Java and Sumatra.

Ms Withers said from London yesterday that her expulsion from
Papua had been the result of "a genuine misunderstanding and
a little overreaction" in Jakarta.

"The purpose of our travel was discussion with all sides - other
activists and local government," she said.

"Misreporting in the Indonesian press implied we were doing a
detailed investigation into the Theys case."

Amnesty International's secretariat has been in contact with
Indonesian officials to reassure them that a detailed
investigation into Eluay's murder had not been part of its
agenda in Papua.

The human rights organisation maintains its staff did not breach
visa conditions nor attempt to disguise their activities from the
Government. Prior to the visit, letters were sent to Indonesian
officials, including at the Foreign Ministry, stating plans to visit
Papua.

The visas issued made no mention of any restrictions on places
of travel.

The expulsion of the Amnesty staff 10 days into their visit
comes amid concern among human rights activists and foreign
governments over progress in the investigation of Eluay's
murder.

The chairman of the pro-independence Papuan Presidium was
found murdered in his car outside the provincial capital,
Jayapura, on November 11 last year. Inquiries by police and
senior military officers have pointed the blame at Kopassus
members based in the province, with whom Eluay had dined the
previous night.

But police say they have no jurisdiction to deal with a crime
committed by members of the military. On Monday, a
12-member military police team led by the head of the military
police command, Major-General Jasri Marin, arrived in Jayapura
to carry our their own investigation.

President Megawati Sukarnoputri has set up a separate national
investigative team to look into the case.

Human rights groups say the death of Eluay has contributed to
an already poor human rights situation in Papua. Ms Withers
said inquiries made by Amnesty in Papua revealed a continuing
problem of "killing, arbitrary detention and torture" by security
forces.

"It has deteriorated in the past 18 months," she said.

She said in this atmosphere Papua faced huge difficulties in
exploiting opportunities for increased freedom promised under
an autonomy package introduced on January 1.

Two Indonesian intelligence officers visit ELS-HAM office following press conference about Amnesty mission to Papua

Jayapura 18 January, 2002

One hour after ELS-HAM Papua held a press conference on 18 January announcing an Amnesty International mission to Papua, the ELS-HAM office was visited by two 'intel' agents from the Trikora regional military command.

The two agents, Sergeant Andre and Corporal Yanto told a staff member that they wanted to meet the Director of ELS-HAM about the press conference that had just taken place to ask him what had been said at the press conference.

John Rumbiak, ELS-HAM Supervisor, told the two agents who were not wearing uniforms that the military commander, Major-General Mahidin Simbolon as well as the police, and also the military and police authorities in Jakarta had been officially notified of the Amnesty mission. Rumbiak told the agents that they should ask the military commander about this. The agents left the office ten minuites later.

ELS-HAM regards this visit by intel agents as intended just to seek 'confirmation about the AI visit and hopes that the official communications between AI, ELS-HAM and the government authorities and security forces can be seen in a positive light, without raising any suspicions. It is hoped that there will be close collaboration between all sides regarding the AI visit, in the interest of improving the human rights situation in Papua.

Human Rights Watch
Annual World Report 2001
released January 16, 2002
[Extract]

INDONESIA

Papua

Conditions in Papua also continued to worsen. Although the Indonesian government made important political overtures, including a promise of substantial autonomy, to Papuan leaders in response to an all-Papua congress in June 2000, it also returned to a hardline approach.

In late 2000 and throughout 2001, Indonesian security forces intimidated and at times attacked civilians in areas where rebels of the Free Papua Movement (Organisasi Papua Merdeka or OPM) were believed to be active. They at times used indiscriminate or excessive force against pro-independence demonstrators: two Papuans were killed in Fakfak on December 1, 2000, eight in Merauke on December 2, and four in the highland town of Tiom on December 16, all during clashes between pro-independence demonstrators and security forces. Authorities also increased surveillance and harassment of prominent civil society leaders and banned peaceful pro-independence expression. Several activists were put on trial in Wamena, Jayapura, and Jakarta, many of them under the same "spreading hatred" laws used in Aceh.

One of the most highly publicized incidents took place in Abepura, near the provincial capital, on December 7, 2000. After two police officers and a security guard were killed in an early morning raid apparently carried out by pro-independence Papuan highlanders, police retaliated by rounding up scores of sleeping students (mostly highlanders) and other Papuans, beating and torturing many of them for much of the next thirty-six hours. One student was shot and killed, two more died as a result of beatings, and dozens sustained serious injuries. The case became the subject of a high profile investigation that led investigators to issue a hard-hitting report naming twenty-six police officers as suspects, but no charges were filed and the future of the prosecution remained in doubt as of mid-November 2001.

The worst violence occurred in the Wasior area of Manokwari district, triggered by the murder on April 6 of three plantation workers. Plantation officials claimed the perpetrators were rebels. Security forces responded by launching violent "sweeps" or raids in nearby villages which, according to local rights monitors, left six civilians dead by mid-May. On June 13, five police officers and a logging company employee were killed in an attack police blamed on the rebels, prompting renewed sweeps. By mid-November, there had been dozens of new arrests, several reports of torture, and thousands of people in the region had fled their homes fearing retaliation. Local monitors in November also reported security crackdowns in Ilaga and near Timika following clashes between rebels and security forces.

The Indonesian parliament passed the Papuan autonomy bill on October 23, giving Papuans a greater say in provincial government and allowing provincial authorities to retain 80 percent of local forestry and fishery revenues and 70 percent of oil, gas, and mining revenues. Papuan political leaders, however, continued to demand independence. On November 10, Theys Eluay, a leading Papuan independence leader was abducted and killed outside Jayapura;

his family blamed security forces, as international and domestic organizations called for an independent inquiry.

Irian Jaya province officially renamed Papua

Sydney Morning Herald, 8 January 2002

Indonesia's easternmost province of Irian Jaya was officially renamed Papua yesterday as part of an autonomy package aimed at reducing support for independence. A sign reading "The Gubernatorial Office of Papua Province" was unveiled by Governor Yacobus Salossa in a ceremony attended by military and civilian officials, the official Antara news agency said. In his address, Salossa urged the public to use the name Papua from now on. The autonomy law took effect in Papua, on the western half of New Guinea island, on January 1.

Jakarta passed the law last year in an effort to appease widespread agitation for independence after almost four decades of harsh military-enforced rule. Besides the name change, new laws allow Papua to keep up to 80 per cent of revenues from its rich natural resources and permit the adoption of a provincial flag in addition to the national flag. Independence demands have been fanned by Jakarta's perceived exploitation of Papua's resources and decades of abuses by the security forces, in the form of arbitrary killings, detention and torture.

Pro-independence leader Theys Hiyo Eluay was murdered in November after leaving a military-hosted ceremony. In an interview with AFP last week, Governor Salossa said that "all the data points to the involvement of Kopassus (the army's special forces)" in Eluay's murder. The Dutch ceded control of what is now Indonesia in 1949 but retained the territory now known as Papua. In 1963, under pressure from Washington, they handed Papua over to Indonesia.

Jakarta's sovereignty was affirmed in a UN-sponsored plebiscite in 1969 which pro-independence advocates describe as rigged. Each year on December 1 independence sympathisers commemorate an unrecognised 1961 declaration of independence. AFP