[Kabar-Irian] News: August 31-September 2 2006
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Aug 31- September 2 2006
KABAR IRIAN NEWS
TOPICS
* Regional autonomy 'fueling tribalism'
* Defendants refuse to appear at Abepura trial
* Ministry involved LIPI in accelerating development...
* Number of HIV/AIDS carriers in Papua's Biak district rises to 192
* Defenders/Lawyers threatened in West Papua
* Church protests outside Papua prison
* Tribal war erupts again in Papua, one killed
* Fresh tribal fighting kills two in Timika
* Warring Papuan tribes separated
* The West Papua Report--August 2006
---
http://www.thejakartapost.com/detailheadlines.asp?fileid=20060831.@01&irec=0
Regional autonomy 'fueling tribalism'
M. Taufiqurrahman, The Jakarta Post, Jakarta
Regional autonomy, which was championed as a means to improve
accountability and public services, is instead bolstering ethnocentrism
and tribalism, a survey found.
Eko Prasodjo, one of the lead researchers, said Wednesday the adverse
impact resulted from the regional autonomy law which gave too much
authority to regencies.
"We all know that the administrative borderline for regencies in the
country was drawn based on an ethnicity fault line. And empowering
regencies also means giving room for ethnocentrism to thrive," the
University of Indonesia scholar told The Jakarta Post.
In a survey conducted from 2001 to 2005 to measure the impact of regional
autonomy, the Civil Society Alliance for Democracy (Yapikka) discovered
that ethnicity determined the outcome of the social and political process
in the regions.
"Nepotism based on royal bloodlines, ethnicity and political affiliation
have clouded the recruitment, assignment and promotion for certain
positions in the regions," the report said.
Yapikka, with support from the Partnership for Governance Reform and the
European Union, conducted research for the survey in 15 regencies and
municipalities and four provinces: West Sumatra, Banten, North Sulawesi
and East Nusa Tenggara.
Respondents comprised 1,800 citizens representing families, activists,
academics, local leaders and council members. Yapikka also conducted
policy impact studies and media analysis.
The survey also found that incumbent leaders or candidates vying for
office resorted to the glorification of noble lineage to lend them
authority.
"In certain regions, new royal titles were created to augment the powers
of regent or mayors," the report said.
Another example of resurgent tribalism was rampant use of the terms putra
asli (indigenous son) and laskar (militia).
Greater financial support from the central government and revenue from
natural resources also were being diverted to fund local political
rivalries, the report added.
And as part of the political compromises from newly elected officials,
funds from the central government were spent for an expanded bureaucracy.
As a result, researchers said public services were still wanting.
"Despite improved public services, it is not enough to meet demands of
quality, especially in health and education," the report said.
The condition prevails in the absence of controls from the public, which
is only "involved in consultation and dissemination of information".
Although there are fears of a return to centralization, with its own set
of problems, the researchers recommend reviving the regulatory and
oversight role of the provincial administration.
Eko said local direct elections for the post of governors and regents were
the key to public control, and would ward off a return to the
authoritarian New Order era.
Another researcher, Rio Menayang of the Institute for Policy and Community
Development Studies, which has also conducted studies in regional
autonomy, attributed the problems to the absence of an effective audit of
local administrations.
"The problem is not at which level the oversight role is placed, but
whether such a function is implemented properly," he told the Post.
---
http://www.thejakartapost.com/detailnational.asp?fileid=20060831.G01&irec=0
Defendants refuse to appear at Abepura trial
Nethy Dharma Somba, The Jakarta Post, Jayapura
The remaining seven defendants being tried for their involvement in a
deadly clash with police on March 16 in Abepura, Papua, refused to appear
in court Wednesday after one of them was beaten up by a police officer
Monday.
The trial at Jayapura District Court, presided over by judge Moris
Ginting, was opened by examining witnesses from the defendants' side but
the prosecutor could not present the defendants themselves.
"The trial started but was then postponed until Sept. 1 since the
prosecutor could not present the defendants," Moris told The Jakarta Post.
On Monday, when escorting defendants after a trial at Jayapura District
Court, Brig. Novrel beat up Nelson Rumbiak in front of Abepura
Penitentiary. The hospital examination showed Nelson suffered head and
chest injuries, probably from being hit with a blunt object.
When Nelson, who acted as a witness in Monday's trial, was beaten up, some
of the other defendants were watching from a car. Nelson was earlier
sentenced to four years' jail for taking a tear gas canister from a police
officer.
Following the incident, convicts at Abepura Penitentiary pelted with
stones the Jayapura Prosecutor's office bus, which was picking up
defendants in the Abepura case for the trial Wednesday.
The defendants' lawyer, Aloysius Renwarin, told the Post Monday the seven
defendants would not appear in court until their demands had been met.
They are demanding a public apology from Papua Police chief Insp. Gen.
Tommy Jacobus and the head of the Jayapura district office Djabaik Haro
and an official letter guaranteeing their safety.
Aloysius said Novrel had turned himself in to Papua Police deputy chief
Brig. Gen. Max Donal Aer and was subsequently under arrest.
Public prosecutor Yulius D. Teuf, Jayapura Police's chief of operations,
Adj. Comr. Yunus, and Abepura warden Johan Yarangga have all been involved
in negotiations with representative of the defendants Eko Berotabui. The
negotiations lasted until 3:30 p.m. but still they refused to appear in
court.
The idea of deploying members of the police's Mobile Brigade to the
penitentiary was floated but eventually rejected.
"There are many reasons for not forcing the defendants to appear in court,
one of which is to avoid a clash between the officers and convicts. That's
why we are trying to negotiate," Julius said.
The seven defendants, including Steven Wandik, 23, are awaiting verdicts
on charges they were responsible for the murder of an Air Force soldier
during the clash.
So far, 16 people have been convicted over the Abepura clash, which took
place in front of Cendrawasih University during a protest against giant
mining company PT Freeport Indonesia. Each of them was sentenced to
between five and 15 years' jail.
Four police officers and a member of the Air Force died when they were
attacked by protesters, who were demanding the government close down the
Freeport mine because of environmental concerns and the mine's failure to
improve the welfare of Papuans.
---
http://www.antara.co.id/en/seenws/?id=19229
Ministry involved LIPI in accelerating development of least developed regions
Jakarta (ANTARA News) - The office of State Minister for Least Developed
Regions Development (PDT) has established cooperation with the Indonesian
Institute of Sciences (LIPI) in the empowerment of local people and
acceleration of development in least developed regions.
"With this cooperation we hope we could develop local economies in less
develop regions based on their respective potentials with the use of
appropriate technology," PDT Minister Saifullah Yusuf said after signing a
document on the cooperation with LIPI here on Thursday.
The minister signed the document with his counterpart LIPI chairman Prof.
Dr Umar Anggara Jenie coinciding with the opening of a national seminar on
small business development through LIPI`s regional science and technology
program.
Saifullah said his office involved LIPI in its regional development
program because there were many things that could be done by LIPI.
"LIPI has a lot of experience in the development of sciences and
technology, has many highly educated personnel and has many researches on
technological applications for regional and business development," he
said.
LIPI has the experience in the empowerment of isolated people in Papua`s
remote areas by improving their planting technical skills and in marine
culture development.
It has also provided people with appropriate technological skills in the
infrastructure and local economic development in the border areas with
Timor Leste.
The minister said the activities that could be done by LIPI in the near
future included the application of appropriate techology in least
developed villages, agricultural and agroindustry development in
mountaneous areas in Papua and in Kalimantan.
"We will began several programs this year in Papua, Kalimantan and East
Nusa Tenggara - Timor Leste border areas," the minister said adding that
such a program would be increased in 2007.
The office of the PDT minister has previously established cooperation with
many parties, including universities such as the Bogor Institute of
Agriculture (IPB), the Gajah Mada University (UGM) and the Army`s Command
College (Seskoad).
The cooperation included activities in many fields such as researches that
could be applied directly. (*)
COPYRIGHT © 2006 ANTARA
August 31, 2006
---
http://www.antara.co.id/en/seenws/?id=19273
Number of HIV/AIDS carriers in Papua's Biak district rises to 192
Biak, Papua (ANTARA News) - The number of HIV/AIDS carriers in Biak Numfor
district, Papua province, has up to August 30, 2006, increased by nine new
carriers to 192, a health official said here on Thursday.
Ruslan SKM of Biak Numfor`s Health Service Office said based on the
examinations carried out by Biak Numfor`s hospital, the nine new HIV/AIDS
carriers consisted of seven women and two men.
Of the infected victims, four were house wives, two farmers and three
others were unemployed persons, he added.
He said of the 192 carriers, 148 victims had developed into AIDS while the
44 others were still in the HIV stage.
It was reported earlier this month that the Asian Development Bank (ADB)
had prepared a grant of 1.5 million US dollars for Indonesia`s non
governmental organizations (NGOs) engaged in preventing the spread of the
Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome
(HIV/AIDS).
According to an ADB press release received by ANTARA, the grant was
supported by the HIV/AIDS Trust Fund under the sponsorship of the Swedish
Government.
For every proposed initiative, the ADB will prepare US$ 50 thousand.
The NGOs which will get a favourable consideration in the selection
process are those working in ADB member developing countries in Asia and
the Pacific, and emphasizing their work on preventing, treating and saving
HIV/AIDS victims in high risk and susceptible groups. (*)
COPYRIGHT © 2006 ANTARA
August 31, 2006
---
http://www.scoop.co.nz/stories/WO0609/S00041.htm
Defenders/Lawyers threatened in West Papua
Saturday, 2 September 2006, 2:57 pm
Press Release: Australia West Papua Association
Human Rights Defenders/Lawyers threatened in West Papua
The lawyers for Nelson Rumbiak and other accused West Papuans have been
intimidated by the attorney general who has reported them to the police.
The attorney general has accused the legal team of behavior that was
insulting to the state.
Paula Makabory of the West Papuan human rights organisation, ELSHAM
(Institute for Human Rights Study and Advocacy) says “it seems there is no
guarantee for human rights defenders or legal people in West Papua even
though they are simply trying to defend people as is their right under the
law.
The lawyers have been defending accused Papuans who are being charged with
involvment in the demonstrations which took place in Abepura in March of
this year against the Freeport mine.
On Monday 28 August a number of the accused were attacked by police when
they were returned from a hearing at the local court. Nelson Rumbiak was
beaten and suffered injuries to his face and ribs.
Joe Collins of the AWPA said that Australian Government should be calling
on the Indonesian President to control his police and military in West
Papua. The Australian government who talks about instability in the region
should reflect on its causality . It is the police and military acting
with impunity in West Papua which is causing instability . This latest
provocation proves yet again to the West Papuan people that they can
receive no justice under Indonesian rule.
---
http://www.rnzi.com/pages/news.php?op=read&id=26524
Radio New Zealand International
The Voice of New Zealand, Broadcasting to the Pacific
Te Reo Irirangi O Aotearoa, O Te Moana-Nui-A-Kiwa
Church protests outside Papua prison
Posted at 04:04 on 01 September, 2006 UTC
An Indonesian church is staging a protest outside Abepura prison in Papua
over conditions in which nine Papuan students are being held in police
custody.
The Protestant church Gereja Kristen Indonesia, or GKI, has set up camp
outside the prison with hundreds of supporters.
The nine are charged in connection with the murder of four Indonesian
policemen and an intelligence officer during a violent demonstration in
Abepura in March.
The nine boycotted their trial yesterday after allegedly being assaulted
by police as they were being returned to prison from court on Monday.
The Foreign Affairs spokesman for the Papua National Authority, Jacob
Rumbiak, says the GKI has issued two demands to the government:
“Cornelis Berotabui, he’s the head of the GKI now. He said he would
leave the prison (protest) when the government pulls out from their
decision to move the nine students from the prison to military custody
and then also when the government guarantee the nine prisoners or
student movement security.”
Jacob Rumbiak of the Papua National Authority.
---
http://www.antara.co.id/en/seenws/?id=19323
Tribal war erupts again in Papua, one killed
Jayapura, Papua (ANTARA News) - A tribal war again erupted in Kwamki Lama,
Timiki, Mimika District, Papua Province, killing one person and injuring
tens of others.
Papua Deputy Police Chief Brigadier General Max D Aer told ANTARA here on
Friday that he had received information on the fatality.
Police and Mobile Brigade personnel were sent to the trouble spot to
prevent the tribal war from spreading to other areas.
"We have instructed the mobilization of more security personnel, if
necessary we will also send Mobile Brigade officers who are at present
guarding the vital object (PT Freeport)," he said.
At least 15 houses of Dani tribesmen were set on fire in the tribal war.
The war broke out again early Friday following an arrow attack on a Kwamki
Lama tribal woman, Mrs. Batseda Wandik/Wandagau, by unknown person on
Thursday evening.
In the past two months, the tribal war between Papua`s Dani and Damal
tribes broke out three times, killing more than 10 people and injuring
tens of others.
The fighting started on July 23, 2006, after a child from the Kogoya
family had died while swimming in SP2 River under supervision of a
relative.
The child`s parents blamed the relative for the death and later attacked
him. The attack then was retaliated by the other group and later grew into
a tribal war which killed nine persons and injured tens of others. (*)
COPYRIGHT © 2006 ANTARA
September 1, 2006
---
http://www.thejakartapost.com/detailnational.asp?fileid=20060902.G05&irec=4
Fresh tribal fighting kills two in Timika
Fresh fighting between two warring tribes has broken out in Kwamki Lama
hamlet in Mimika regency Friday, leaving two people dead, including a
church leader, and dozens of others injured.
Rev. Agustinus Wetipo of the Indonesian Injili Christian Church was hacked
to death in fighting at Kwamki Lana hamlet while Marthen Alom, a
congregation member, died from his injuries in the Mitra Masyarakat
Sejahtera Hospital after being shot by an arrow.
A Timika resident told The Jakarta Post that 20 houses were also set
alight in the fighting.
The Dani and Damal tribes had earlier made peace on Aug. 14 by holding a
traditional arrow-breaking ritual.
Papua Police spokesman Sr. Comr. Kartono Wangsadisastra said Friday's
fighting was triggered by an incident the day before when a villager from
Kampung Atas missed a hunting target, a pig, and accidentally hit and
injured a woman from the neighboring Kapung Bawah village.
"That incident took place Thursday, at around 9:30 p.m., and it
immediately caused renewed tension between the two villages," Kartono told
the Post Friday.
He said fighting started the next day, with hundreds of Kampung Atas
residents attacking Kampung Bawah villagers.
In Kwamki Lama, women and children have fled their homes to seek refuge in
churches and in the city of Timika.(JP/Nethy Dharma Somba)
---
http://www.news.com.au/story/0,23599,20338069-1702,00.html
Warring Papuan tribes separated
>From correspondents in Jakarta
September 02, 2006
HUNDREDS of Indonesian police are trying to prevent further fighting
between two warring Papuan tribes after three people were killed, and more
than a dozen injured in remote Papua, police said.
Villagers from two different tribes began fighting with spears, arrows and
traditional machetes early yesterday after a woman from the Damal tribe
was killed by an arrow, allegedly fired by a neighbouring Dani tribesman,
said police.
More than 100 riot police, or Brimob, as well as another 120 ordinary
police were attempting to enforce a ceasefire between the two warring
groups in Kwamki Lama district, Timika, not far from the giant Freeport
gold and copper mine, a police spokesman said.
"We have tried to separate them, using Brimob, now we have one company of
Brimob, and four (standard) police units on standby there," Kartono
Wangsadisastra told AFP.
Police said they hoped to begin peace talks between the two tribes today.
"We are calling in the traditional leaders in an effort to prevent any
further conflict," said Wangsadisastra.
Friday's fighting killed three men, including a Papuan priest, and wounded
24 others, many seriously, added Wangsadisastra.
"Lots of them (tribesmen) were seriously injured, because they were
pierced by arrows," he said, adding they had been taken to Timika
hospital.
Friday's battle between Dani and Damal tribesman was the second in as many
months for villagers of Kwamki Lama.
The death of a Dani child prompted a tribal war last month which killed
nine people.
Papua is home to groups that traditionally engage in elaborate war rituals
to solve disputes between clans or tribes. Conflicts can take days to be
resolved, with each side taking turns to shoot arrows and throw spears.
According to tradition, a death should be avenged by another death or the
killer's tribe must pay a hefty fine of prized pigs and hold a feast to
seal the peace.
---
(KI Editors' Note: We have edited the below report to remove items already
extensively covered in previous KI editions. We have left the topic
headings however so readers know what has been left out.)
From: "West Papua Report"
Sent: Friday, September 01, 2006 2:19 PM
Subject: The West Papua Report--August 2006
THE WEST PAPUA REPORT
AUGUST 2006
This is the 30th in a series of monthly reports that focuses 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/CONTENTS
Infamous Indonesian General Appointed Commander for West Papua
Mistreatment of Papuan Detainees Continues
Australian Government Plan to Block Papuan Refugee Seekers Fails
Indonesian Military Cross Border Operations in Papua New Guinea
Suspicion Grows of Foiled Indonesian Incursion
Papuan Christians Establish West Papuan Synod
Chinese Plan for Timber Operation in Papua Opposed
Addressing Illegal Land Seizures in West Papua and Elsewhere in the
Indonesian Archipelago
Infamous Indonesian General Appointed Commander for West Papua
In early August the Indonesian military announced that Brigadier
General
Zamroni had been appointed military chief (Pangdam) for West Papua
(and
the disputed "West Irian Jaya Province"). Zamroni has deep
connections
to the Indonesian Special Forces (Kopassus). He rose to prominence
in
Kopassus under General Prabowo whom he served as commander of
Kopassus's
elite "anti-terror" unit. Following Prabowo's dismissal from the
Indonesian military, Zamroni became deputy commander of Kopassus.
He
was widely accused by reputable human rights organizations,
including
Human Rights Watch, for the brutality of his forces in Aceh in
2001."
“The Bulletin," a New Zealand publication, notes also that Zamroni
was
"instrumental in quashing student democracy protests of the mid and
late
1990s.
It was this campaign of torture, kidnap and murder that
ultimately led to the downfall of General Prabowo.”
Mistreatment of Papuan Detainees Continues
Church sources in West Papua report that on August 28, Nelson
Rumbiak, a
prisoner who was allegedly involved demonstrations on March 16 in
Abepura was beaten by members of the local police after he had given
testimony at the Jayapura State Court.
He and two other witnesses
had
stated during the August 28 court session that their confessions
related
to the March 16 demonstrations had been made under physical duress
by
the police.
This report parallels earlier reports of police mistreatment of
those
detained in connection with this case. To date, neither the Court
nor
prosecution has intervened to address the reports of police
mistreatment
of these detainees.
Indonesian Military Cross Border Operations in Papua New Guinea
The Indonesian military's cross border operations into Papua New
Guinea
(PNG) pose risks of an international conflict that could involve
Australia according to an August 23 report by Paul Daley, of New
Zealand
University School of Communications Studies, which was published in
"The
Bulletin (Australia)."
In his detailed report, entitled "Caught in The Crossfire,"
Daley
contends that a large number of Indonesian military and intelligence
officers currently are inside Papua New Guinea where they pose as
fisherman and loggers. The report contends that Indonesian forces,
especially from the Special Forces (Kopassus), and the Indonesian
State
Intelligence Agency (BIN), operate covertly in search of West
Papuans
who have fled to PNG. These Indonesian personnel reportedly exploit
understaffed PNG border security forces.
“Intelligence operations
are
routinely being conducted inside the PNG border by the Indonesian
military’s special forces and, it is understood, with a blind-eye
approach being taken by Port Moresby,” according to a security
source
quoted by Daley. At worst, PNG is cooperating, at best it is doing
nothing because the PNGDF [Papua New Guinea Defense Forces] is run
down
and the government is afraid of Jakarta’s military.” Collusion
between
Indonesian military and senior level PNG officials is evidenced in
phone
communications intercepted by Australia's Defense Signals
Directorate,
according to intelligence sources cited by Daley.
Daley also reports that West Papuan timber is regularly transported
across the border to PNG from where it is exported as PNG timber.
Indonesian law prohibits export of raw timber. Drug trading and
prostitution have grown up around the large scale illegal logging
operation according to security sources cited by Daley. (See report
later in this issue for related information.)
Suspicion Grows of Foiled Indonesian Incursion
Hard evidence for reports of Indonesian military incursions into PNG
may
have surfaced in an August 8 incident in which PNG security
personnel
fired on an Indonesian boat inside PNG waters near the villages of
Wutung and Mushu, an area believed to host clandestine Indonesian
incursions. One Indonesian was killed and two were seriously injured
when PNG security personnel fired on a mysterious craft operating in
PNG
waters.
Seven Indonesians were arrested in the incident. The
governments
of PNG and Indonesia both insist that the Indonesians were
fishermen.
Appearing to corroborate reporting cited in the preceding item, an
August 25 Papua New Guinea Post-Courier report replayed by the BBC
notes
that despite PNG denials the August 8 shooting incident near Wutung
and
Mushu involved Indonesian "spies," local sources confirm a
clandestine
Indonesian operation.
Intelligence sources told the Post-Courier
that
the PNG government was in fact attempting to "cover-up for alleged
TNI
(Indonesian armed forces) soldiers on a clandestine operation in
PNG's
Sandaun Province." "They (the Indonesians) are Kopassus members.
The
eight that were shot at outside Vanimo were made up of five
professionals (soldiers) including a medic, a radioman, a commander,
signaler and rifleman while the other three were Kopassus," said an
ex-PNGDF soldier who worked with the army intelligence unit between
1989-1999, and now resides in a PNG border town. The former
official,
according to the Post-Courier added that when he was in the
military, he
and his comrades were under standing orders to deny reports of
incursions by the Indonesian military.
Papuan Christians Establish West Papuan Synod
For much of the more than four decades of Jakarta's rule in West
Papua,
it has been the Papuan clergy, particularly the Christian clergy
(which
represents the majority faith in West Papua), that has led the
struggle
for Papuan rights. The Christian clergy, in unison with Islamic
clergy,
for example, have led efforts to win recognition of West Papua as a
"land of peace" free of Indonesian military abuse and repression.
Observers therefore note the recent emergence of a Papua-led Synod
in
West Papua that has potentially broad significance for West Papua's
on-going spiritual, social, cultural, economic, and political
development.
The Synod of the Alliance Church in West Papua was formed following
the
meeting of 44 superintendents on July 26-29, 2006, in Nabire. This
new
synod formally disengaged from the Jakarta based GKII (Evangelical
Tabernacle Church of Indonesia) organization, but will remain part
of
the Christian and Missionary Alliance denomination.
It will be
administered henceforth directly from Papua in order to focus more
directly on the social, economic, and cultural concerns of Papuans.
For
many years the Jakarta-based GKII precluded development of a
Papua-based
approach to the multifaceted challenges confronting the people of
Papua.
A majority of the districts elected to join the new Synod.
Chinese Plan for Timber Operation in Papua Opposed
Papuans are resisting plans to establish a timber processing
facility in
West Papua. The government is conducting a feasibility study of the
US
1 billion dollar plan by a firm named "China Light" which would
reportedly supply lumber for construction of facilities for the 2008
Beijing Olympics. In May, Forestry Minister Kaban stated publicly
that
the wood was for use in the construction of Olympic facilities in
Beijing.
Opposition to the proposal has been registered by both local
business
and environment advocates who are concerned that the plan would
diminish
Papua's remaining pristine forests. The absence of effective
monitoring
of timber cutting, processing and export generally in Indonesia, and
especially in West Papua, underscores the concern that no effective
plan
to control the timber cutting and processing is possible. Illegal
logging, now rampant in West Papua, often in collusion with military
and
police, could emerge as sources of timber for the proposed
Chinese-owned
facility.
Moreover, by establishing a processing facility in West
Papua,
China would be able to evade the Indonesian ban on the export of raw
logs. China has also expressed interest in developing pulp and paper
processing facilities in West Papua.
The Bogor-based environmental NGO Telapak recently produced a widely
quoted study which demonstrated that approximately 300,000 cubic
meters
of merbau (intsia) were smuggled monthly from Papua to China.
The
investigation, conducted jointly with the London-based Environmental
Investigation Agency (EIA), found that the wood was manufactured
into
flooring in China and sold through scores of home improvement chain
stores in Europe and the United States.
The issue is another example cited by Papuans of the failure of the
autonomy law to permit Papuans to control their own natural
resources.
Addressing Illegal Land Seizures in West Papua and Elsewhere in the
Indonesian Archipelago
A principal, historic grievance held by Papuans and other indigenous
peoples in the Indonesian archipelago is the illegal seizure of
their
traditional lands in a corrupt bargain involving local and foreign
firms
and the Indonesian central government, with the Indonesian military
and
police acting as enforcers.
The practice has led to the destruction
of
vast tracts of forest and other lands and the forced removal of
thousands of indigenous peoples. An Op-Ed written by an American
academic and published in the August 7 edition of the Jakarta Post
reviews the problem and proposes possible legal and legislative
solutions to this fundamental abuse of human rights. Excerpts of
that
OP-Ed, "The Right to Possess Land, by Stephanie Park," follow:
With the motto "Unity in Diversity," Indonesia tackled the
formidable
challenge of advancing the interests of a country that consists of
almost 18,000 islands with over 700 languages and ethnic groups. In
pursuing the interests of the country, however, it disregarded the
interests of certain indigenous peoples on resource-rich lands,
facilitating the extinction of their way of life.
During the New Order, untitled forest was classified as state-owned,
and
it was never reclassified to reflect indigenous ownership when the
regime ended. Under the auspices of national development, the
government
has taken advantage of this loophole and confiscated large portions
of
this "state-owned" land. The land was then granted to
privately-owned
mining and logging multi-national corporations, which have, in
general,
reinvested embarrassingly minuscule shares of their profits in the
community.
Such land transfers have the double impact of undermining
indigenous ownership and contributing to the destruction of the
environment.
The only recourse currently available to groups deprived of their
land
is the court system, which has proved either incapable of protecting
such property interests or unwilling to try.
As a signatory to the Universal Declaration of Human Rights,
Indonesia
pledged to uphold Article 17, which promises that "Everyone has the
right to own property alone as well as in conjunction with others"
and
that "No one shall be arbitrarily deprived of his property."
Moreover,
Indonesia is now a party of and therefore has to comply with the
International Covenant on Economic, Social, and Cultural Rights,
which
also puts weight on right to property i.e. land as a human right.
The government should be chary of implementing major change without
input from representatives from geographically-diverse indigenous
groups
lest it infringe upon the right to self-determination.
It can start, however, with providing a viable process for the
restoration of seized land. If courts were to offer injunctions to
parties whose cases are pending trial, they could return the
property in
its original state rather than seek an appropriate substitute as
redress.
The People's Consultative Assembly (MPR) could also add to the law
to
provide for adverse possession, a legal doctrine allowing a court to
transfer actual title of property to a party whose use has gone
unchallenged for a certain period of time, usually seven years or
longer.
This is not a complete solution because it undermines the original
right
of ownership held by indigenous peoples, but adverse possession
could be
temporarily employed to stop divestiture of ownership for economic
development.
For long-term change, Indonesia must provide formal recognition of
the
land rights of its indigenous peoples. One priority should be a
revision
or a binding interpretation of Article 18, which in the same breath
recognizes the autonomy of traditional communities and subjugates
them
to the majority interest.
Similarly, Article 33 of the Constitution, which puts the "land,
waters
and the natural resources... under the powers of the State" should
be
understood to exclude land subject to the indigenous people who
occupy it.
These and other measures are merely the roots of a more
comprehensive
program to recognize indigenous rights.
However, they are a
necessary
start to fulfilling Indonesia's duty to preserve the cultural
treasures
that still live within its borders.
(The writer is a postgraduate student of Harvard University School
of
Law and currently an intern at Jakarta-based Institute for Policy
Research and Advocacy (Elsam). Reachable by email at
spark@law.harvard.edu.)
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