ON THIS PAGE:
George Mitchell on BP panel
on Tangguh LNG project in Papua (May 24)
Lack of response from central
government disappoints religious leaders (May
23)
East Timor Leader questioned
on West Papua (May 23)
Susilo lambastes EU's effort
to dictate to Indonesia (May 23)
European Parliament motion
for a resolution (May 15)
Thousands protest against
Integrasi throughout West Papua (May 1)
Indonesian government and
military inaction on Jihad militias (April 30)
WCC addresses serious human
rights situation in Papua, Indonesia (April
17)
Statement under the auspices
of Survival International
Amnesty: Impunity and
Human Rights Violations in Papua (April 3)
EU Snub Papua Leaders (March
12)
Papuan leaders cleared of
all charges (March 5)
The
Jakarta Post
May 24, 2002
George Mitchell on BP panel
on Tangguh LNG project in Papua
Anglo-American energy giant
BP Plc has appointed a four-strong international
panel of experts to advise it on various
issues regarding the Tangguh liquefied natural
gas (LNG) project in Papua.
The International Advisory
Panel on the Tangguh Project comprises Sabam
Siagian, the former Indonesian ambassador
to Australia, Rev. Herman Saud, the head
of the Evangelical Christian Church in Papua,
former senator George Mitchel of the United
States and Lord Hannay of Britain.
Mitchel is known as a peace
broker in the Northern Ireland conflict
and once drafted a peace proposal for the
Palestinian-Israeli conflict; while Hannay
is the former British permanent representative
to the United States.
The panel reports directly
to the corporate leadership in London and
is not subject to the organizational structure
of BP Indonesia, Herman was quoted by Antara
as saying in Papua's capital of Jayapura
on Thursday.
The panel was set up to advise
BP on how best to help the local communities
in Papua, protect the environment and prevent
conflicts with locals and environmentalists.
The panel members met with
BP's leadership in London in late April.
Herman said he has been criticized
by non-governmental organizations for accepting
the BP offer, but was not deterred because
he believes the position will allow him
to help the local people.
"I don't expect anything
for myself. I work for all people, especially
the traditional owners of the land where
the project is located," he said.
The Tangguh project, which
will be jointly developed by BP and Pertamina,
is located in southwestern Papua, where
BP and its partners have found a huge gas
reserve.
The LNG project will be supplied
with gas from the Wiriagar, Berau and Muturi
blocks, which contain proven reserves of
14.4 trillion cubic feet of gas. BP is the
majority owner of the blocks.
BP and Pertamina have secured
a buyer for the LNG from the Philippines
and are competing with Qatar and Australia
for a supply contract with China.
Lack
of response from central government disappoints
religious leaders
Jakarta, Sinar Harapan,
23 May 2002
The central government has
failed so far to agree to meet seven top-level
religious leaders from West Papua who have
come to Jakarta hoping to meet Presiden
Megawati Soekarnoputri, police chief General
Pol Da'i Bachtiar, Interior Minister Hari
Sabarno, Minister-Coordinator for Security
and Political Affairs Susilo Bambang Yudhoyono
dan Attorney General MA Rahman.
These seven very influential
religious leaders from West Papua came to
Jakarta because they want to convey the
hopes of the West Papuan people with regard
to resolving cases of human rights violations,
including the killing of Theys Hiyo Eluay,
chair of the Papuan Presidium Council, and
the arrival in West Papua of Laskar Jihad
members under the umbrella of Forum Ahlu
Sunnah Wal Jamaah in Sorong and Fak Fak.
The seven religious leaders
are H.Zubair DG Husain (MUI , Ulamas Council,
Jayapura), Rev Herman Saud (head of the
Protestant GKI), Leo Laba, OFM (Bishop of
Jayapura), Rev John Gobay (head of Pprotestant
GKII), Rev A.Ayomi (head of Pantekosta church),
Rev Ruben F.Weohau (head of Bethel Indonesia),
Rev Misten Tawolah (head of GDI).
Letters requesting meetings
with top state officials were sent on 14
May . Their intention was to go to Jakarta
only after receiving answers from the officials
but because there was so much pressure from
the community, reaching a peak with a demonstration
outside the regional assembly building on
18 May, they decided to go to Jakarta on
20 May.
The only reply received from
the Interior Minister's office was that
the minister had gone to Central Java and
would be out of town till Wednesday. All
they were told by the offices of the coordinating
minister for political and security affairs,
the national police chief and the attorney
general was that no decision had been taken
about meeting the mission. This despite
the fact that they had said they would also
be willing to meet more junior officials.
Ruben F.Weohau told Sinar
Harapan on Thursday that the religious leaders
were deeply disappointed by the lack of
response from the central government, and
now they just want to go back home to Papua.
Asked what they would do now, Weohau said
'What more can we do? And what are we going
to tell the people back home?'
East
Timor Leader questioned on West Papua
Date: May 23
Source: Tapol
Report received on 23 May from Adi Mento
in Dili, East Timor
On 22 May, following Timor
Loro'sae's independence day celebrations,
a large number of international activists
involved in solidarity with East Timor had
a meeting with President Xanana Gusmao and
Prime Minister Mari bin Amudin Alkatiri
at the university campus.
An activist from the US asked
President Xanana for his opinion about the
struggle of the Acehnese. He said: 'I won't
say we will not support them, but I recognise
that the role of international solidarity
is very important for the people of Aceh
and Papua'. He went on to say that he had
noticed that many friends were talking about
the struggles in Aceh and Papua. Hopefully,
he added, after a year, Timor Loro'sae's
government would be able to do something
to help them in their struggle for independence.
An Indonesian activist, Yenni
Rosa Damyanti [who knew Xanana from her
days in detention, TAPOL] spoke about the
actions of the Indonesian armed forces in
Aceh and Papua. The meeting was attended
by around fifty activists from many different
countries.
.
The meeting was also attended by the president
of the Western Sahara who gave a short account
of the struggle of the Saharawi people.
He had been given the opportunity to address
the East Timor Parliament. There are reports
that the government in Dili will permit
the Western Sahara government to open an
embassy in the capital even though they
are not yet free from Morocco. This suggests
that the government of Timor Loro'sae will
give support to oppressed people struggling
to free themselves from their oppressors.
A Luta Continua (Tetap berjuang)
Adi Mento
The
Jakarta Post [online]
May 23, 2002
Susilo lambastes EU's effort to dictate
to Indonesia
JAKARTA (JP): Coordinating
Minister for Political Affairs and Security
Susilo Bambang Yudhoyono deplored a resolution
by the European Parliament on what the Indonesian
government should do to formulate an immediate
peaceful solution to conflicts in Maluku,
Aceh and Papua.
Speaking to reporters after
a Cabinet meeting presided over by President
Megawati Soekarnoputri and Vice President
Hamzah Haz at the State Secretariat on Thursday,
Susilo labeled the resolution inappropriate.
"All of these (regions)
constitute domestic problems," Susilo
said as quoted by Antara.
While affirming its recognition
of Indonesia's integrity, the European Parliament
issued the resolution, among others, suggesting
that Indonesia invite the United Nations
to investigate the alleged torture of civilians
by the military in the provinces of Aceh
and Papua.
"If they dictate the
political steps and domestic policies, it
is inappropriate," Susilo said. He
said that the government had not officially
received the resolution from the European
Parliament.
If the Parliament and European
Union states intended to help settle the
conflicts by providing technical assistance,
it would be warmly welcomed, he said.
Susilo reiterated that if
the resolution mentioned about the political
steps to be taken by the government, it
was not appropriate. (hhr)
European
Parliament motion for a resolution
Source: Tapol
May 15, 2002
JOINT MOTION FOR A RESOLUTION
15 May 2002
European Parliament resolution
on Indonesia (the Moluccas, Aceh and Papua)
The European Parliament,
recalling its earlier resolutions
on the situation in the Moluccas, Aceh and
Papua province in Indonesia,
In general
A. aware of, and supporting,
the importance which the Indonesian authorities
attach to national territorial integrity,
while underlining that the only viable way
to guarantee the territorial integrity of
Indonesia is for the government to engage
in a genuine dialogue with the provinces
in order to tackle the root causes of separatism
and emphasising the importance of the interethnic,
interreligious and interregional dialogue
and successful decentralisation,
B. whereas the state must
be responsible for ensuring the safety of
its citizens irrespective of their ethnic
origins or religious beliefs,
On the Moluccas
C. whereas on 12 February
the Malino II peace declaration was signed
by seventy Muslim and Christian representatives
from the Moluccas, committing themselves
to abandoning violence,
D. whereas the EU Presidency
welcomed this agreement, including the mediation
efforts by the Indonesian government leading
to this peace declaration, and called upon
the Indonesian government to take all necessary
measures against any efforts from the outside
to derail the peace process,
E. whereas in the weeks following
the signing of the peace declaration, and
notably on 3 and 28April, further massacres
of Christians took place,
F. whereas the promised Independent
National Investigation Team has not yet
been established, although Vice-President
Hamrah Haz has promised to work for its
early establishment,
G. whereas the leader of Laskar
Jihad in the Moluccas, Ja'far Umar Thalib,
on Friday 26April, was reported to have
called for the ignoring of the peace declaration
and the beginning of civil war in the islands,
making a strong statement saying that Muslims
will destroy all Christians in Ambon, at
a mass meeting with about 20 000 Muslims
present,
H. whereas several church
leaders, including the Catholic Bishop of
Amboina, Monsignor Mandagi, and the Moderator
of the Synod of the Moluccan Protestant
Church, Rev. Dr Hendriks, sent a letter
dated 29 April to the UN Secretary-General
Kofi Annan, asking for UN assistance to
the Indonesian government to stop any further
massacres,
I. whereas since 1999, when
sectarian violence began in the Moluccas,
fighting has claimed over 5000 lives in
that province, and Laskar Jihad's infiltration
into the neighbouring provinces of Papua
and Sulawesi would widen the conflict to
other provinces with large non-Muslim populations,
J. whereas on 4 May, at Surabaya
airport, Laskar Jihad's leader Ja'far Umar
Thalib was arrested by the police,
On Aceh and Papua
K. whereas the violence in
Aceh province has continued after the Indonesian
government and the separatists held, in
March, fresh but fruitless talks in an effort
to find a peaceful solution to the conflict,
L. whereas the fighting in
Aceh has intensified since the beginning
of this year, with at least 300 people killed,
M. whereas on 10 May the Indonesian
government and the separatist Free Aceh
Movement agreed to negotiate an end to hostilities
and a process for electing democratic leaders
for Aceh,
N. whereas the National Inquiry
Commission has claimed that some six members
of the army's special forces have been involved
in the assassination of the Papuan leader,
Theys Hiyo Eluay, without disclosing the
motive for the killing or the names of those
who gave the order to assassinate him,
In general
1. Is deeply concerned at
the appalling violence in the Moluccas and
the persisting conflicts in Aceh and Papua
province, and expresses its sympathy with
all the victims of these violent conflicts;
2. Regrets that the UN Commission
on Human Rights has failed to take account
of the worrying situation;
On the Moluccas
3. Calls upon all concerned
to work for the implementation of the 12
February peace declaration;
4. Welcomes the arrest of
Laskar Jihad's leader, Ja'far Umar Thalib,
as a sign of the Indonesian authorities'
commitment to standing behind the peace
process in the area and to confronting terrorist
groups, and asks for him to be brought to
trial;
5. Regrets that in the past
the Indonesian authorities have taken insufficient
action once international pressure has died
down, and therefore encourages the current
Indonesian government to ensure that its
military, security and police forces protect
the civilian population from attacks by
terrorist groups such as Laskar Jihad and
refrain from violence against the civilian
population;
6. Welcomes, furthermore,
the action by the Indonesian government
to force the members of Laskar Jihad to
leave the Moluccas immediately, and asks
it to ensure that Laskar Jihad also leaves
other areas such as Papua province;
7. Welcomes recent diplomatic
steps by the international community, including
the Spanish EU Presidency, and asks for
a new mission by the EU Ambassadors in Jakarta
to the areas to take place as soon as possible;
8. Asks the Commission and
the Council to envisage, with the UN and
the Indonesian government, a programme aimed
at rebuilding a civil society respecting
the ethnic and religious balance of Indonesia's
Molucca islands;
On Aceh and Papua
9. Urges the Indonesian government
to find a peaceful solution to the situation
in Aceh and Papua province, to protect any
populations at risk, and to invite the UN
Special Rapporteurs on torture and summary
executions to visit Aceh and Papua province;
10. Calls on the Indonesian
government to establish a credible, legal
and independent inquiry team of international
human rights experts to investigate the
involvement of state institutions in the
assassination of the Papuan leader and tribal
chief Theys Eluay and to bring the perpetrators
to justice;
11. Instructs its President
to forward this resolution to the Council,
the Commission, the Government and Parliament
of Indonesia, and the UN Secretary-General.
Thousands
protest against Integrasi throughout West
Papua
The commemoration of integration
of Papua (formerly known as Dutch New Guinea,
then Irian Jaya) with Indonesia on 1 May
2002, was marked by peaceful protests by
pro-Independence Papuans staged across major
towns of Papua. The highly fraudulent Act
of Free Choice facilitated by the UN in
1969 which finally won the Indonesian struggle
to claim Papua was the main reason of the
protests. The Indonesian security forces
(Brimob and the Army) were on high alert
around the commemoration sites.
Fuelled by President Megawati's
intent to use the occasion to formally announce
the results of KPN work on the assassination
of Theys Hiyo Eluay, anti-integration feelings
are running high and clearly displayed by
the pro Papua independence supporters throughout
the day. Elsham Papua volunteers in the
following regencies submitted their reports
on things taking place during the event.
Jayapura : an estimated 1200
people turned up at the burial site of the
late Theys Hiyo Eluay, former chairman of
Papua Council Presidium (PDP), to express
their protest against of Papua integration
with Indonesia. Thaha Al Hamid, the Secretary
General of PDP reiterated his call for President
Megawati to reveal the motives and the main
actors behind Mr. Eluay's assassination.
Hundreds to thousands of other
Papua independence supporters crowded the
prayers conducted at churches, open field,
and houses owned by independence leaders
in Serui, Biak, Sorong, Fak Fak, Manokwari,
and Nabire. No pro independence supporters
were able to carry out their protest in
Wamena due to threats from Barisan Merah
Putih (the pro integration Red and White
Militias) and Laskar Jihad (Jihad Militias).
The following are major issues
stated by the Papua independence supporters
commemorating the Papua-Indonesia integration.
1) Reveal the motives and
main actors behind the assassination of
Theys Hiyo Eluay, chairman of PDP, by involving
competent international parties
2) Reject the findings of KPN (National
Inquiry Commission) on Theys Eluay's death
3) Reject the integration of Papua with
Indonesia
4) UN should review the 1969 Papua Act of
Free Choice
5) Papua should be given a chance for self-determination
6) Papua should be established as a peace
zone.
(Source: TAPOL, the Indonesia
Human Rights Campaign)
Indonesian
government and military inaction on Jihad
militias
Australia West Papua Association,
Sydney
PO Box 65, Millers Point, Sydney, Australia
2000
Ph/fax 61.2.99601698 email: iris@matra.com.au
Hon Alexander Downer MP
Minister for Foreign Affairs
Parliament House
Canberra
ACT 2600
30 April 2002
Dear Mr. Downer,
I am writing to you in my
capacity as secretary of The Australia West
Papua Association, Sydney, concerning the
recent reports that large numbers of members
of the Laskar Jihad are moving into West
Papua (reports indicate that there are at
least 3000 Jihad members in Papua).
This is of great concern as
the Laskar Jihad is blamed for the conflict
between the Muslim and Christian communities
in the eastern islands of Maluku, where
large numbers from both sides have been
killed. The presence of the Laskar Jihad
in Papua has raised fears amongst West Papuans
that the group may try to incite religious
conflict in the province where previously
all communities have lived in religious
harmony.
The Laskar Jihad could not
operate in West Papua without the knowledge
and approval of the Indonesian Government
and military. We believe the military are
using the Laskar Jihad in West Papua to
counter the West Papuan people in their
peaceful struggle for self determination.
To this end, the Laskar Jihad
have been,
distributing pamphlets and
videos depicting sectarian fighting in Maluku.
have set up military training
camps, training people in combat skills
(for pro Jakarta militias).
have intimidated human rights
activists
distributing home-made guns
and bombs
The Laskar Jihad has also
been conducting religious activities in
various areas of West Papua including ,
Sorong, Fak Fak and Manokwari, areas which
have large populations of Muslim migrants
from other provinces. As the Jihad militias
view Papuan Christians as pro independence,
it is believed they are trying to spark
hatred between Muslims and non-Muslims which
could have grave consequence for both communities
in the province.
AWPA is also concerned about
the ongoing human rights violations in Papua
where intimidation, arbitrary arrest and
torture are a regular occurrence.
We urge you to use your good
offices to communicate to the Indonesian
Government the Australian Government's concern
about the dangers the Laskar Jihad pose
for stability. Stability and mutual trust
are essential to promote peaceful dialogue
between all parties wishing to solve the
problems in the province
and we also urge the Australian
Government to send a fact finding mission
to the province to investigate the human
rights situation in West Papua.
Joe Collins
AWPA, Sydney
World
Council of Churches Office of Communication
17 April 2002
Press Release [cf. WCC
Press Release, PR-02-12, of 18 March 2002]
UN Commission on Human
Rights:
WCC addresses serious human
rights situation in Papua, Indonesia
The following is the full
text of the oral intervention by Martin
Doolard on behalf of the Commission of the
Churches on International Affairs of the
World Council of Churches (WCC/CCIA) to
the 58th Session of the United Nations Commission
on Human Rights on Tuesday, 16 April. The
Intervention came under Item 11. - Civil
and Political Rights:
On behalf of the Commission
of Churches of International Affairs of
the World Council of Churches, I wish to
address this Commission on the growing environment
of repression in Papua, also known in Indonesia
as Irian Jaya.
Last year, I drew the attention
of this Forum to the serious human rights
situation in Papua. On the contrary as I
speak here today, nothing has changed. According
to the information received by the churches,
as well as local and international human
rights NGOs, the situation has worsened.
Since the much-proclaimed reform period
(1998-2001), the number of reported cases
of extra-judicial killings have reached
an all time high of 136; there have been
838 cases of arbitrary detention, and torture;
also there is an increase in the number
of cases of human rights defenders receiving
death threats and destruction and burning
of property by sections of the Indonesian
Security Forces.(1) The Indonesian Authorities
have not responded favourably to the call
for dialogue by the people of Papua.
The repressive measures adopted
by the Indonesian Government include a crackdown
on the peaceful demands of the Papuans to
exercise their right to self-determination,
mistreatment, torture and killings of civilians.
The abduction and murder on 10 November
2001, of Theys Eluay, a moderate Papuan
leader, is evidence of the methods used
by the Indonesian government to suppress
the people.
The abduction and killing
of Mr. Eluay was a well-planned politically
motivated action. His assassination has
to be viewed in light of several documents
and statements (2) issued by Jakarta that
outline strategies for a brutal crackdown
on the people's demand to exercise their
right of self-determination. This policy
has resulted in widespread human rights
violations, systematically planned and executed,
targeting civilians, and group leaders in
the entire region of Papua.
The Indonesian Government
despite repeated assurances has failed to
establish a legally constituted and credible
enquiry team to carry out the investigation.
The official National Enquiry Commission
(KPN) established by the Indonesian President
is not legal and does not have the authority
to investigate the state institutions involved
in this incident. The military enquiry team
(PUSPOM TNI) was established as part of
the strategy to get rid of the evidence
and to protect military's involvement in
the murder of Theys Eluay. The findings
of both the enquiry commissions have determined
that the killing of Theys Eluay was an ordinary
crime.
They refuse to acknowledge
that it was an extra-ordinary crime that
has implications for the institutions of
the state. The churches and the NGO community
in Papua as well as in Indonesia have raised
the concern that they apprehend the actual
perpetrators of this crime may never be
brought to justice.
Mr Chairman, the large majority
of the people in Papua view the assassination
of Mr Eluay as a deliberate act of the state
authorities to silence him and to be a warning
to others who subscribe to similar viewpoints.
We urge this Commission to
use its influence on the Indonesian Government
to stop the repression against the Papuan
people and not to suppress their demand
to exercise their right to self-determination.
We also urge the Commission to call on the
Indonesian Government to establish a credible,
legal, independent enquiry team, that includes
international human rights experts, to investigate
the involvement of state institutions in
the assassination of Theys Elauy and bring
the perpetrators to justice.
Finally, we appeal to the
Commission to call on the Indonesian Government
to invite Special Rapporteurs on Summary
Executions and on Torture to visit Papua.
(1) These figures were obtained
from the 2001-Year report of the Institute
for Human Rights Study and Advocacy (Elsham-Papua),
Jayapura, West Papua.
(2) These documents include
the following: - on 9 June 2000, a secret
document was issued by the Ministry of Home
Affairs / Department of the Interior in
Jakarta, outlining the strategy of the Indonesian
Government, concerning their intention to
crack down on independence movement in Papua;
- on 16 August 2001, in a speech, the President
of Indonesia ordered the Minister of social
and political affairs to crack down on separatist
movements in West Papua.
For more information contact:
Karin Achtelstetter, Media Relations Officer
tel.: (+41 22) 791 6153 (office);
e-mail: ka@wcc-coe.org
150 route de Ferney,
P.O. Box 2100, 1211
Geneva 2,
Switzerland
********************
Statement
under the auspices of Survival International
COMMISSION ON HUMAN RIGHTS
Fifty-eighth session
Item 11: Civil and political
rights
Thank you, Mr. Chairperson,
I speak on behalf of Survival
International.
The administration of Justice,
the Abepura case
We wish to draw your attention
on the Abepura case, which occurred in the
Abepura college town near Jayapura, the
provincial capital of Papua, formerly known
as Irian Jaya, Indonesia.
In retaliation to the killing
of two police officers and a security guard
in Abepura, on 7 December 2000, police officers
and members of the mobile brigade committed
gross acts of violence and torture, targeting
civilian members of the Papuan indigenous
community from which the attackers were
believed to have originated. They raided
student dormitories, arrested students,
beat them and subjected them to torture.
One student was shot and killed, two more
died of the multiple beatings they received,
dozens suffered serious injuries.
This case was taken up by
the Indonesian National Commission on Human
Rights (Komnas HAM) which appointed a commission
of enquiry to investigate it, as one of
the first case to be considered for prosecution
under the country's new human rights courts,
created by legislation passed in November
2000. From the very beginning the commission
faced tremendous obstacles from the police
who was not willing to co-operate in the
investigation.
The results of the Commission'
s investigation were submitted to the Attorney-General'
s office, in May 2001, however they contained
two conflicting recommendations: on the
one hand, it was confirmed that the police
had committed a crime against humanity and
should therefore go before the newly established
human rights court, and on the other hand,
Komnas HAM submitted that the Abepura case
was just a case of an 'ordinary' crime.
Once Komnas HAM had reached
its conclusions, it submitted its findings
to the Office of the Attorney General which
returned the case to the commission, for
clarification, in July 2001. Komnas HAM
complied and sent the case back to the office
of the Attorney General which did not react
before April this year.
Once Komnas HAM had established
and confirmed that the Indonesian police
officers were responsible for extrajudicial
killings, torture and arbitrary detention
on December 7, the police's response, as
well as that of the Office of the Attorney
General suggest that there is still a difficult
path ahead to successful prosecution.
Commitment of the Indonesian
Government only during the sessions of the
Commission
We are encouraged by the fact
that Mr. Param Cumaraswamy, Special Rapporteur
on the Independence of judges and lawyers,
will be visiting Indonesia in order to study
these issues. Although the Government of
Indonesia had recently sent to Papua a team
of 20 judges from the office of the Attorney
General to conduct an Ad Hoc investigation
into this case. So that the Indonesian Government
really has to be seriously and not only
showing their commitment to bring perpetrators
to justice in every session of the Commission
on Human Rights.
Recommendations:
We would recommend that this
Commission puts pressure on Indonesia so
that
1. With regard to the Abepura
case, the sound administration of justice
not be stood in the way by politics and
interests at higher levels, so that impunity
would not be given another chance. The Abepura
case constitutes gross human rights violations.
It is not to be considered as an ordinary
crime;
2. Other special Rapporteurs
be invited to Inodnesia, in particular the
special Rapporteur on Torture and the special
Rapporteur on Extrajudicial, summary or
arbitrary executions;
3. That a true dialogue be
engaged with the Papuan people addressing
the core issues of the Papuan demands, and
in particular, that the demand of the Papuan
people for the respect of their right to
self-determination be respected.
Thank you, Mr. Chairperson.
*************
Subject:
Indonesia: Impunity and human rights violations
in Papua
[For Full Report Go To Links
Section of this Site]
* News Release Issued by
the International Secretariat of Amnesty
International *
3 April 2002
ASA 21/016/2002
59/02
Speech delivered to the
UN Geneva press corps
by Lucia Withers, Researcher on Indonesia
and East Timor
3 April 2002
Press Conference - 58th Session of the UN
Commission on Human Rights
Thank you for coming to this
meeting.
Today Amnesty International
is launching a report Impunity and human
rights violations in Papua. The report documents
grave human rights violations in the province
of Papua and the way in which failure to
investigate and bring to justice perpetrators
of violations is perpetuating this situation.
Amnesty International believes
that there is a direct and causal link between
impunity and the commission of human rights
violations. Each failure to investigate
or bring those responsible to trial reinforces
the confidence of perpetrators that they
are indeed above the law.
In Papua no perpetrator has
been brought to justice in recent years.
In the meantime, the leader of the civilian
independence movement, Theys Eluay, has
been killed -- the military has recently
admitted that its members may be responsible.
Other leading political leaders have been
put on trial, pro-independence demonstrations
have been violently broken up and there
have been indiscriminate operations by the
security forces against whole communities
for attacks by armed groups.
In Wasior Sub-district, Manokwari
District some 150 people are believed to
have been arbitrarily detained, tortured
or otherwise ill-treated during the course
of operations by the Police Mobile Brigade
(Brimob) in the latter half of 2001. At
least one person is known to have died in
police custody. The number that were unlawfully
killed or "disappeared" is as
yet unknown.
These operations were prompted
by an attack by an armed group on a logging
company in June 2001 in which five members
of Brimob were killed. Amnesty condemns
these killings but equally condemns the
operations that followed which appeared
to be little short of a frenzy of revenge.
To give just one example,
the 60-year-old principal of a primary school
described to Amnesty International how he
had repeatedly beaten by members of Brimob
with the butt and magazine of a gun when
he was detained as he tried to flee the
operations. He was released after Brimob
realised that he had been mistakenly detained,
but was detained and beaten a second time
several days later. To this day, the school
head does not know why he was treated in
this way. He remains too afraid to return
to his village or his job and now fears
that he may loose the sight in one eye as
a result of the beatings.
Attempts by human rights monitors
to reach Wasior were prevented by the authorities
for several months. A joint group of church
workers and local human rights activists
did manage to negotiate access to the area
in October 2001, but were greeted on their
arrival by some 20 members of Brimob firing
shots into the air. The difficulties encountered
by human rights defenders in Wasior is part
of a increasingly common pattern in which
activists have been threatened and harassed
or otherwise prevented from carrying out
their work.
Amnesty International believes
that the Commission on Human Rights has
a duty to address the present as well as
the past. The Commission has quite rightly
called for perpetrators of serious crimes,
including crimes against humanity, in East
Timor 1999 to be bought to trial. However,
to date it has so far failed to recognize
that grave violations continue to be committed
in Indonesia, most notably in the contested
provinces of Papua and Aceh, by the very
same state institutions that were responsible
for committing crimes in East Timor.
Our message to the Commission
is that it cannot ignore the human rights
situation in Indonesia any longer. As the
UN's highest body on human rights it must
show consistency by acting now to condemn
the appalling human rights practices of
the security forces in Papua, Aceh and elsewhere
in Indonesia.
At the same time, the Commission
must use its influence to pressure Indonesia
to take urgent steps to ensure that the
trials of serious crimes committed in East
Timor during 1999 which are currently in
progress in Jakarta meet with international
fair trials standards. Amnesty International
welcomes this process but is seriously concerned
that these trials could fail because basic
safeguards have not been put in place.
If these trials are not credible,
and do not deliver justice in a manner which
is consistent with international standards,
there is a real risk that impunity will
become further entrenched in Indonesia.
I was given a stark illustration
of the close connection between the serious
crimes that were committed by Indonesian
security forces and pro-Indonesia militias
in East Timor during 1999, and the ongoing
grave violations in Papua during a visit
to Papua in January this year. Murjono Murib,
a political activist and school teacher
from Wamena, related how he had been beaten
with an iron bar by a member of Brimob in
February 2001. As he was beaten he was threatened
by the Brimob officer with the following
words: "We have experience in operations
in East Timor, be careful or we will shoot
you all".
Murjono Murib and four other
political leaders from Wamena have since
been sentenced to terms of imprisonment
of between four and four-and-a-half years
for their peaceful political activities.
Amnesty International regards them to be
prisoners of conscience. No one has been
held accountable for the beating of Murjono
Murib, or for other cases or torture and
ill-treatment of detainees in Wamena, together
with unlawful killings and arbitrary detentions
in connected cases dating from October 2000.
On the rare occasions when
allegations of human rights violations in
Papua have been investigated trials have
not resulted. The most recent case is that
of the abduction and killing in November
2001 of Theys Eluay, the leader of the independence
umbrella group, the Papua Presidium Council.
To date there have five separate investigations
into the killing but no suspect has yet
been charged.
Amnesty International fears
that this plethora of investigations is
being used to obstruct the case from being
brought to trial. Although we are encouraged
by a recent admission by the military that
its members may have been involved - after
repeated denials - it appears that there
is no will to look at issues of command
responsibility and of the broader causes
and patterns of human rights violations
in Papua of which Theys Eluay's death was
a part.
The Commission cannot be selective
about the human rights violations it addresses.
It was the scale and public nature of the
crimes committed in East Timor during 1999
that drew condemnation from the world including
the Commission. Just because neither the
world's media or the UN is in Papua to witness
the violations does not mean that are not
happening. They are happening and must be
condemned in equally strong terms.
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Governor of
Papua bars European Union Delegation from
meeting PDP
Report from ELSHAM, 12 March 2002
ELSHAM Papua has been informed
by Thaha Al Hamid, the secretary general
of the Papuan Presidium Council (PDP) that
a meeting between the PDP and a European
Union delegation that was scheduled to take
place on 19 March has been cancelled.
He said that he had received
a letter from Emilio Vilanova (Counsellor/DHM)
of the Spanish embassy in Jakarta on 1 March
, which said that the meeting that had been
arranged with the PDP had been cancelled.
There was no explanation for the cancellation.
But a letter from the governor
of Papua, No. 032/PK/II/2002/44, dated 7
March 2002 addressed to the Protocol Directorate
General of the Foreign Minister in Jakarta
that has been leaked to ELSHAM , relates
to visits by foreign dignatories to Papua.
The letter expresses apprehension on the
part of the provincial government that a
meeting between the European Union delegation
and the PDP could disrupt implementation
of the Special Autonomy law.
This case is clear evidence
that the provincial government does not
respect the freedom of expression of the
Papuan people and their right to give and
receive information, in accordance with
the Universal Declaration of Human Rights.
(Source: TAPOL)
Papuan
leaders cleared of all charges
R.K. Nugroho, The Jakarta
Post, Jayapura
[from: www.thejakartapost.com
5 March 2002]
A district court in the easternmost
province of Papua acquitted on Monday three
proindependence leaders of the Papua Presidium
Council, who had been tried on charges of
subversion.
The three, Papua Presidium
moderator Reverend Herman Awom, member Don
Al Flassy and secretary-general Thaha Al
Hamid, were greeted by a hundred supporters
outside the Jayapura District Court after
the acquittal.
Council deputy chairman Tom Beanal, who
is also chairman of the Papuan Communal
Council replacing the late Theys Eluay,
welcomed them by giving them stone axes
and bracelets.
"This is our traditional way of expressing
our thanks," he said, adding that the
verdicts indicated that the Papuans would
be granted freedom to express their opinion
and feelings.
The three and the other two -- Theys and
John Mambor -- were charged with subversion
over the holding of a Papua People's Congress
in May and June 2000, which ended with a
statement affirming Papua's independence.
The case against Theys was
dropped following his death in mid-November.
Meanwhile, John Mambor is currently ill
in hospital.
Prosecutors had demanded the
court sentence the three to 2.5 years in
jail -- far lower than the minimum of 20
years in jail, as demanded by article 106
of the criminal code.
Presiding judge Edward Sinaga, who read
the verdict, contended that the three could
not be sentenced to imprisonment because
they had organized the congress with the
full knowledge and support of the local
and central governments.
Then president Abdurrahman
Wahid himself gave the organizers Rp 1 billion
(US$98,000) to help finance the congress,
the judge said.
The court summoned Abdurrahman
to testify before the court, but he failed
to answer the summons.
Monday's court session, attended
by many informal Papuan leaders, including
Theys' widow Erika, was guarded by around
30 policemen.
After the court session, prosecutors
left the courtroom immediately, without
making any comment to reporters.
Don Al Flassy, who waved a
small "morning star" independence
flag inside the court a few minutes before
the verdict was read, said after the session
that his acquittal only strengthened his
commitment to continuing his efforts to
"straighten the history of Papua."
Thaha supported Don's statement,
stressing that their struggle would be pursued
through peaceful means.
Defendant lawyer Anton Raharusun
described the verdict as "extraordinary,"
saying that the judges had dared to disregard
the colonial law on subversion.
"The judges have issued
a very daring verdict, especially as it
means that they have challenged the power
holders," he said.
This verdict should be good
news to Papuans, especially after the murder
of their leader, Theys.
A military investigation team
has been digging up areas around the Army's
Special Force (Kopassus) headquarters, following
speculation that a missing key witness,
Eluay's driver, may have been murdered and
buried there.
The driver, Aristoteles Masoka,
was driving Eluay home from a ceremony at
the Kopassus base when their car was stopped
by a group of men on November 10. Eluay
was found dead in his car the following
day.
Theys, and other Papuan Presidium
Council members had been campaigning for
an independent Papua through peaceful means.
In an effort to win the hearts
of the Papuans and discourage separatism,
the government renamed Irian Jaya as Papua
under a special autonomy law, under which
the province would get a much greater share
of the revenue from its natural resources.
