[Kabar-Irian] News Feb 14 - March 06 2008 (Part III)
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KABAR IRIAN NEWS
Feb 14 - march 6 2008 (Part III)
TOPICS
* TNI BATALLION 756 KILLED...
* News from manokwari
* Five Papuan regents agree to form separate province
* Indonesian military nabs two soldiers over Papua shooting: report
* Mily Prosecutors In Papua Attend Workshop On Human Rights
* Report of the Special Representative of the Secretary-General Ms. Hina
JILANI
* Four West Papuans Acquited
* More HIV education needed in schools
* The Lombok Treaty problem
* West Papua’s Cry for Freedom
* HUMAN RIGHTS COUNCIL'S report
* Modernization of Indonesia's military in question
* Ex-Papua fighters urge OPM flag crackdown
* Rallies planned across Papua against Indonesian rule
* Relatives Of Slain Magistrate Want Justice
* New law to end Papua legal dispute
---
From: Richard Samuelson <samoxen@dsl.pipex.com>
SPECIAL AUTONOMY LAW NO 21 YEAR 2001 or
THE INDONESIAN MILITARY KILLING FIELD OF THE NATIVE WEST PAPUANS:
TNI BATALLION 756 KILLED
OMANGGEN WONDA
Jayapura - West Papua, 11 February 2008
Reported by: Rev. Socratez Sofyan Yoman, President of the Fellowship of
West Papuan Baptist Churches
Omanggen Wonda, 22 years old, was killed by a soldier of TNI battalion 756
on January 31, 2008 at 21.00pm in Tingginambut village, Tingginambut
district, Puncak Jaya regency, West Papua.
Chronology:
1. The murder of Omanggen Wonda
On January 31, 2008 ten people were playing cards. Nine of them were playing
cards seriously. Omanggen Wonda was not seen playing cards. He just observed
the others playing.
At 21.00pm, three military personnel from battalion 756 in Tingginambut
village came to the house where the people were playing cards. The military
post in the village is within 300 metres from the house.
Two military personnel were walking around and were watching the house with
their weapons ready to fire. One soldier knocked at the door with a weapon
in his arm ready to shoot. Omanggen Wonda opened the door and welcomed the
visitors politely. However, the military personnel from battalion 756 shot
Omanggen Wonda to death. Omanggen cried and shouted "Oh Mama.... I am
shot". These were his last words before he died.
His friends who were playing cards were shocked and frightened. The military
personnel came inside and ordered them to carry Omanggen's body to the
military post in Tingginambut. They were arrested and were ordered to stay
in the military post until the next morning.
The Indonesian military commander of the battalion 756 when interviewed
commented: "Well.... this child is still young ".
On the morning of the 1st February 2008, Yopinus Wonda, Head of the
Tingginambut tribe came to the battalion 756 military post. He was very
angry and spoke to the Indonesian military commander. He said:
a. Commander! Did this child steal your belongings?
b. We are just farmers. Why did you kill him?
c. The security here is the responsibility of the police, not the
Indonesian military. This is not a war zone. The military came and destroyed
our gardens. You have already committed heavy human right abuses. You do not
have any right to kill anyone without (legitimate) reasons.
d. I am sad and disappointed that your personnel always come, kill us
and disturb us.
e. Is the special autonomy law no 21, year 2001 for killing the native
West Papuans?
The head of the tribe, Yopinus Wonda, asked one of the Indonesian military
personnel and the Indonesian military personnel said: 'It was the commander
that ordered us to kill this man'.
The main reasons for the killing were:
(1) Civilians threw stones at a passing car.
(2) There were shootings (heard three times).
(3) At every thanksgiving in memory of the death of a loved one, people
always sing and pronounce the word 'Papua'
2. My visit (Rev. Socratez Sofyan Yoman) to Puncak Jaya
Having heard about the incident of the shooting of an innocent civilian, I
went to Puncak Jaya on the 6th February 2008. I arrived at 15.30 and went to
the Chairman of the Indonesian Evangelical Church's house. Unfortunately, he
was in Jayapura (and was in mourning) following the death of his child who
had been sick. Praise the Lord I could get the information that has been
reported above. The community are the eyewitnesses of the incident.
On the morning of February 7th, 2008 at 8.30 am I met Elly Wenda, the
regional secretary of Puncak Jaya to get more information on the incident.
However, the regional secretary said: 'I don't know anything about it. We
haven't got any report yet from the community'.
At 09.00am on the same day the head of tribe, Yopinus Wonda and I went to
the Indonesian military post in Mulia town, Puncak Jaya. I met the post
commander Lieutenant Triono and the deputy commander, Sergeant Rafi.
Lieutenant Triono said: 'We do not know about the incident in Tingginambut
post. In fact, we were distributing aid to the community and to the regional
government'. The deputy commander, Sergeant Rafi added: 'We are from KOMPI
B, Arso 6. We are appointed to work in Puncak Jaya, the total of our
personnel is 126'.
3. My suggestions to the military commanders
"Gentlemen, if you are assigned here, you are obliged to defend the
sovereignty of the Unitary State of the Republic of Indonesia, (it's not
only that) you should also defend the sovereignty of the human being. If you
defend the sovereignty of the human beings, in return, the human beings will
defend the unitary state of the Republic of Indonesia. However, if you hurt
and injure the heart (the feelings) of the human beings, certainly they will
fight to defend their dignity and their right to live. This includes me as
well. I will fight against any actions that betray and violate human rights
and justice values. I suggest that you plant and invest the values of
kindness and justice and do not hurt the people's feelings. Thus, when you
live this country after you completed your appointment, your kindness will
be remembered in people's hearts. Here in West Papua, there is no OPM nor
separatists and subversives. There are only God's people who own the country
and the land."
4. Military operations and the Puncak Jaya security situation in
general.
A very organized military operation in different forms is very obvious in
Puncak Jaya:
a. Military Posts in the centre of town, Puncak Irinmuli,
Tinggginambut, Yambi, Mebagaluk, and Puncak Kumipaga.
b. Special Teams.
c. Vehicle intelligence operations are very obvious and very organized
in every corner of the town and in every small and big road.
d. Intelligence operations (in disguise) in the form of traders and
workshops.
5. The people's demand:
Except ordinary police personnel, withdraw all non-organic military
personnel such as special teams, battalions, mobile brigade from Puncak
Jaya, because Puncak Jaya is not a war zone.
Jayapura - West Papua, 11 February 2008
Reported by: Rev. Socratez Sofyan Yoman, President of the Fellowship of
West Papuan Baptist Churches
---
Received on 19 February 2008
Translation
LP3BH LP3BH MANOKWARI <lp3bh96@yahoo.com> wrote:
Dear friends,
The adoption of PP 77/2007 (Governmental Regulation) on regional symbols
has caused anxiety among Papuans. In Manokwari, on Wednesday 13 January
2008, Mrs Eni H.T. IDA who describes herself as the chair of KKBPPIB, the
Association of Extended Families of the Fighters to the Liberation of Irian
Barat based in Jayapura, was involved in public activities. Friends will, I
think, know who she is. She is one of a group of people brought together by
Colonel Burhanudin Siagian, commander of 172 district command/Jayapura).
A couple of days before she was in Manokwari, the local army displayed
banners in front of the Kodim headquarters describing Government Regulation
77/2007 as a unifying force of the Indonesian people. The local police
chief of Manokwari also displayed a banner in Kwawi, in front of the
Seamen's hostel which stated that PP 77/2007 prohibits the use of Morning
Star (Kejora).
There were protests against the activities undertaken by the KKBPPIB at the
Billy Café Manokwari. Also present were all the intelligence agents of
KODIM 1703 Manokwari, the police intelligence chief of Manokwari, AKP RADEN
RAHAREN, agents of BIN, BAIS and KOPASSUS. The chair of the Red-and-White
Movement, Haji SAUL YENU, was also present.
On the following day, (Thursday, 14-2-2008) it was reported in the local
newspaper, Cahaya Papua, that the police chief of Manokwari, AKBP JACOBUS
MARJUKI, S.Ik said that his forces would take action to confiscate any
attributes, clothing or other things used by people in Manokwari that
display the Morning Star.
This is very strange because there is nothing in PP 77/2007 that implicitly
prohibits anything. So, what is the basis for the actions taken by the
police? And should Papua say nothing?
Today, Friday, 15 February 2008, The National Youth Committee of Papua
(KNPP) invited me to make a presentation about the contents of PP 77/2007
and to explain the legal implications of the regulation, in connection with
the Law on Special Autonomy for Papua. Information about this will be
provided this afternoon.
Thank you.
Yan Christian Warinussy, SH
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath, Croydon CR7 8HW, UK.
tel +44 (0)20 8771 2904 fax +44 (0)20 8653 0322
tapol@gn.apc.org http://tapol.gn.apc.org
---
The Jakarta Post
Tuesday, February 19, 2008
Five Papuan regents agree to form separate province
Nethy Dharma Somba, The Jakarta Post, Jayapura
Five regents in Papua on Monday expressed their decision to form
a separate province after walking out of a regency-municipality
working meeting at the Papua gubernatorial office in Jayapura.
The five were Yahukimo Regent Ones Pahabol, Tolikara Regent John
Tabo, Puncak Jaya Regent Lukas Enembe, Pegunungan Bintang Regent
Wellington Wenda and Jayawijaya Regent Nicholas Jigibalom.
"This can no longer be postponed ... we've already lost our
patience. We've agreed to form Pegunungan Tengah (Central
Mountainous) province, separate from Papua, with Wamena as its
capital," said Lukas Enembe.
The regents' demand came, they said, from their perception that
Papua's special autonomy status had not made any difference in
the lives of the people in the regencies, who according to them
remained poor and disadvantaged in every aspect of life.
Wellington Wenda said there been no significant change in his
regency during Papua Governor Barnabas Suebu's administration
and that the people of Pegunungan Tengah were apparently being
ignored.
"We'd rather be separate ... then we would be able to manage
ourselves," said Enembe.
He said a special team would be formed to formally discuss the
matter with President Susilo Bambang Yudhoyono, Home Minister
Mardiyanto and members of Commission II of the House of
Representatives in Jakarta.
"Hopefully, there will already be a decision from the President
before the 2009 general elections."
Yakuhimo legislative speaker Didimus Yahuli backed the move,
saying, "It is better for us to separate because Pak Bas (Suebu)
hasn't realized his promises of developing the remote areas."
"We are disappointed because Pak Bas has broken his promises,"
said Didimus.
The walk-out by the five regents occurred after Suebu addressed
participants at the working meeting and immediately left to
address a leadership forum at the Cenderawasih Military Command.
"We are disappointed because the governor wasn't considerate of
the regents," said Jigibalom.
---
From: Tapol <tapol@gn.apc.org>
Indonesian military nabs two soldiers over Papua shooting: report
JAKARTA, Feb 19 (AFP) -- Indonesian military authorities have
arrested two soldiers in connection with the January shooting
death of a civilian in remote Papua, a report said Tuesday.
Soldiers have long been accused of a range of human rights
violations in Papua but detentions of military personnel are
rare.
In the latest clash a patrol in search of an armed group
reported by local residents raided a house in Papua's
Tingginambut district late on January 31, shooting dead an
unarmed man.
The military claimed that warning shots were fired, although
witnesses denied this, and several activist groups have since
demanded an independent probe into the incident.
The head of the military command overseeing security in Papua,
Major General Haryadi Soetanto, said that a team had conducted
an investigation, the state-run Antara news agency said.
"Two soldiers who were there have been declared as suspects and
will be processed according to the prevailing laws," Soetanto
was quoted as saying, adding that one was a second lieutenant
and the other was unranked.
"They have been detained," Soetanto added.
A Human Rights Watch report released last year found Brimob,
Indonesia's feared police paramilitary unit, were responsible
for the most serious human rights violations in Papua's two
provinces. Reports of brutal treatment by Indonesian soldiers,
however, persisted.
Indonesia won sovereignty over Papua, formerly a Dutch colony,
in 1969 after a referendum widely seen as a sham.
---
From: Tapol <tapol@gn.apc.org>
Mily Prosecutors In Papua Attend Workshop On Human Rights
Jayapura, Feb 20 (Antara): A workshop to familiarize Indonesian
military prosecutors in Papua about the need to respect human
rights and the existence of the International Criminal Court
(ICC) was opened here Wednesday at the headquarters of the Praja
Wirayakthi Military Distict Command in Jayapura.
Attended by at least 20 prosecutors working for the Army, Navy
and Air Force in Papua, the workshop was organized by the
Canadian Embassy in Indonesia in cooperation with the Defense
Ministry and the National Defense Forces (TNI) Headquarters.
In an address opening the workshop, the political secretary at
the Canadian Embassy, Joya Donnelly, said the activity was part
of a cooperation program with the Indonesian government to
improve the implementation of human rights within the context of
legal reform in the military's judicial system.
The workshop's purpose was to impart greater knowledge and
understanding about community-oriented policies, conditions to
be met in reporting cases according to the UN system,and
synchronization of international, national and local human right
regulations, including the existence of the International
Criminal Court, Donnelly said.
Similar workshops had already been conducted in Banda Aceh and
Palembang and would be repeated in four other Indonesian cities,
namely Ambon, Surabaya, Balikpapan and Makassar.
The resource persons at the workshop in Jayapura were law
experts from FRR Law Office and the Faculty of Law of
Padjadjaran University.
Present at the workshop's opening in Jayapura were also the
TNI's Prosecutor General, Brig Gen Heru Cahyono, and the chief
of the Praja Wirayakthi Military District Command Col
Burhanuddin Siagian.
---
From: John M Miller <fbp@igc.org>
http://daccessdds.un.org/doc/UNDOC/GEN/G08/103/40/PDF/G0810340.pdf?OpenElement
UNITED NATIONS
General Assembly
Distr. GENERAL
A/HRC/7/28/Add.2
28 January 2008
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Seventh session
Agenda item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS,
CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL
RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT
Report of the Special Representative of the Secretary-General
on the situation of human rights defenders, Ms. Hina JILANI
Addendum
MISSION TO INDONESIA*
* The summary of this report is being circulated in all official
languages. The report itself, contained in the annex to the summary,
is being circulated in English only.
Summary
The Special Representative of the Secretary-General on the situation
of human rights defenders conducted a country visit to Indonesia from
5 to 12 June 2007 during which she met with senior Government
officials as well as a broad range of human rights defenders. The
purpose of the visit was to assess the situation of human rights
defenders in Indonesia in the light of the principles set forth in
the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms1 (Declaration on
Human Rights Defenders). Following an introductory chapter I, in
chapter II the Special Representative describes the positive steps
taken by the Government since 1998 to strengthen the legal and
institutional framework for the promotion and protection of human
rights. She notes the adoption of a set of laws and the establishment
of State institutions that may create awareness on the role of human
rights defenders and facilitate their work.
In chapter III, the Special Representative examines several gaps and
shortcomings in the above-mentioned framework, both at the legal and
institutional level, which result in diluting any benefits that human
rights defenders could draw from the positive developments. The
greatest flaw lies in the absence of concrete measures dealing
directly with the protection of human rights defenders by giving
recognition to the legitimacy of their work or by ensuring
accountability for violations or arbitrary action against them.
In chapter IV, the Special Representative presents the changing
situation of human rights defenders in Indonesia. She first
undertakes a general appraisal of the situation. She concludes that
despite visible progress in the country’s democratic development,
human rights defenders continue to experience serious constraints in
conducting their activities for the protection of human rights. Such
constraints are imputable to the continuing activities of the police,
the military and other security and intelligence agencies as well as
religious fundamentalist groups that are aimed at harassing and
intimidating defenders or restricting their access to victims and to
sites of human rights violations. Then, the Special Representative
highlights the plight of vulnerable groups of defenders, i.e. those
defending the rights of women, of lesbian, gay, bisexual,
transgender, and intersex and HIV/AIDS persons, and of indigenous
peoples, as well as church workers. Finally, she assesses the
situation of human rights defenders in the West Papua and Aceh
provinces. She concludes that a climate of fear undeniably prevails
in West Papua, especially for defenders engaged with the rights of
the Papuan communities to participation in governance, control over
natural resources and demilitarization of the province. The situation
of these defenders does not seem to have eased and, despite the
adoption of the Special Autonomy Law in 2001, their legitimate
activities for the protection of human rights continue to be
targeted. The series of concerns of the Special Representative
regarding the situation of human rights defenders in West Papua,
articulated in this report, persist despite the assurances given to
her by 1 General Assembly resolution 53/144. A/HRC/7/28/Add.2 page 3
the police and military authorities in Papua that there was no
institutional policy to target defenders. As for Aceh province, the
Special Representative welcomes the improvement of the situation,
although concerns remain with regard to surveillance activities by
law enforcement authorities, stigmatization of defenders,
restrictions that affect the work of women human rights defenders,
and the score of unresolved cases.
Finally, in chapter V the Special Representative formulates her
conclusions and recommendations for consideration by the Government.
Annex
REPORT OF THE SPECIAL REPRESENTATIVE OF THE
SECRETARY-GENERAL ON THE SITUATION OF HUMAN
RIGHTS DEFENDERS ON HER VISIT TO INDONESIA
(5-12 JUNE 2007)
CONTENTS
Paragraphs Page
I. INTRODUCTION
.............................................................................
1 - 4 6
II. STRENGTHENING OF THE LEGAL AND INSTITUTIONAL
FRAMEWORK FOR THE PROMOTION AND PROTECTION
OF HUMAN RIGHTS
.......................................................................
5 - 22 7
A. Legal framework
........................................................................
6 - 9 7
B. Institutional framework
............................................................. 10 - 22
8
1. Komnas HAM
......................................................................
10 - 12 8
2. Komnas Perempuan
............................................................. 13 - 15
9
3. Constitutional Court
............................................................. 16 - 18
9
4. Human rights courts
............................................................. 19 10
5. Ministry for Law and Human Rights
................................... 20 11
6. Law enforcement authorities
............................................... 21 - 22 11
III. GAPS AND SHORTCOMINGS IN THE LEGAL
AND INSTITUTIONAL FRAMEWORK ........................................
23 - 44 11
A. Gaps in the legal framework
...................................................... 24 - 29 12
1. Law 8/1985 on NGOs
.......................................................... 24 - 26 12
2. Witness Protection Act
........................................................ 27 - 28 12
3. Truth and Reconciliation Law
............................................. 29 13
B. Gaps in the institutional framework
.......................................... 30 - 44 13
1. Judiciary
..............................................................................
30 - 32 13
2. Komnas HAM
.....................................................................
33 - 38 14
3. Komnas Perempuan
............................................................. 39 15
4. Local human rights courts
................................................... 40 15
5. Law enforcement authorities
............................................... 41 - 44 15
IV. THE CHANGING SITUATION OF HUMAN RIGHTS
DEFENDERS IN INDONESIA
........................................................ 45 - 83 16
A. General appraisal
.......................................................................
45 - 54 16
B. Vulnerable groups of human rights defenders
........................... 55 - 62 18
1. Defending the rights of women
........................................... 55 - 58 18
2. Defending the rights of LGBTI and HIV/AIDS persons ..... 59 - 60
19
3. Defending the rights of indigenous peoples
........................ 61 19
4. Church workers
...................................................................
62 20
C. Situation of human rights defenders in West Papua and Aceh
provinces
..........................................................................
63 - 83 20
1. Climate of fear in West Papua
............................................. 64 - 74 20
2. Human rights defenders in Aceh: remaining concerns ........ 75 -
83 23
V. CONCLUSIONS AND RECOMMENDATIONS ............................ 84 -
101 24
A. Conclusions
...............................................................................
84 - 88 24
B. Recommendations
.....................................................................
89 - 101 25
V. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
84. Since 1998, Indonesia has achieved remarkable progress towards
democracy by notably strengthening the legal and institutional
framework for the promotion of human rights. However, this progress
has been marred by the absence of concrete measures dealing directly
with the protection of human rights defenders as well as flaws in the
existing legislation .There are also serious constraints on the
functioning of many of the institutions in place and their ability to
fulfil their mandates effectively. The Special Representative is
nevertheless encouraged by the willingness within the State apparatus
to address these shortcomings.
85. In the vast majority of cases of violence against human rights
defenders, police and military forces are the perpetrators of such
violence. This widely documented pattern is due to the strong
resistance from both entities to change attitude and institutional
culture. Human rights defenders in Indonesia and the international
community are expecting that the Government will ensure justice in
the case of Munir and that the perpetrators of this crime will be
brought to justice.
86. The Special Representative remains concerned about the situation
of human rights defenders in West Papua and believes that their
ability to defend human rights is adversely affected by the political
conditions generated by the increased military presence in the
province. The non-implementation of the Special Autonomy Law has
heightened tensions that result in protest against repressive
policies and targeting of human rights defenders who raise such
issues.
87. As for the situation of defenders in Aceh, the Special
Representative welcomes the improvement of this situation, although
concerns remain with regard to surveillance activities by law
enforcement authorities, stigmatization of defenders, restrictions
that affect the work of women human rights defenders, and the score
of unresolved cases.
88. The Special Representative looks forward to a sustained dialogue
with the Government, notably by improving the ratio of responses to
communications sent, and hopes that there will be a more uniform
progress on the protection of human rights defenders in all parts of
the country. Given its size, its population and its rich cultural
diversity, Indonesia could set an inspiring example in the region.
B. Recommendations
89. With a view to improving the legal framework of NGOs, the
Special Representative urges PLA Commission No. 3 on Human Rights and
the Government to discuss the reform of Law 8/1985 as a priority. 90.
The Special Representative recommends that legislation and procedures
be instituted to prevent the prosecution of human rights defenders
aimed at their harassment for conducting activities that are
legitimately a part of their function for the defence of human
rights. For this purpose, it is important also to sensitize judicial
and prosecutorial officials as well as the police so that human
rights activities are not criminalized.
91. The Special Representative notes that several cases of gross
human rights violations brought before the Supreme Court ended up in
acquittals. Prospects for successful prosecution of gross human
rights violations would be greatly strengthened if guidelines and
standards are laid down by the Supreme Court for effective
investigation, with directions that compel investigation and
prosecution agencies to ensure that cases are based on investigations
conducted under those guidelines.
92. The Special Representative particularly recommends that better
system of coordination and support be created within Komnas HAM in
order to ensure that regional representatives are able to operate
effectively. They must receive full and timely support of the
Commission if there is interference in their functioning or they are
at risk in their regions.
93. The Special Representative notes that there are no standard
operating procedures that ensure interaction with civil society in
the work of Komnas HAM. By involving civil society and using its
expertise in inquiries, national human rights institutions would
endorse the legitimacy of the work of human rights defenders and
contribute to recognition of their role.
94. The Special Representative further urges Komnas HAM to
disseminate the Declaration on Human Rights Defenders in Bhasa
Indonesia throughout the country.
95. The Special Representative urges the authorities to endorse the
findings and recommendations of Komnas Perempuan, which is in need of
greater visibility among the State apparatus. 96. The Special
Representative urges the Ministry for Law and Human Rights to give
more visibility to local human rights committees and to allow
interaction with human rights defenders whose voices should be heard
before these committees.
97. As regards law enforcement authorities, there is an acute need
to train military and police officers specifically on the content of
the Declaration of Human Rights Defenders. Heads of military and
police may consider issuing clear instructions to prevent future
cases of violations against human rights defenders and instructing
commanders in the field not to make irresponsible comments about
defenders which discredit their activities and put them at risk of
reprisals.
98. The Special Representative calls on the military to create
special complaint cells for registering and redressing incidents of
harm or threats to human rights defenders. She particularly welcomes
the commitment made by the Chiefs of Military in West Papua and Aceh
to establish such a mechanism.
99. In the context of the Special Representative’s concern
regarding surveillance activities against defenders carried out by
intelligence personnel, she observes that in Aceh, many military
officers are not aware that under the terms of the Memorandum of
Understanding, surveillance of civilian activities is no longer
within their sphere of authority. A similar trend was reported in
West Papua, where the military is heavily engaged in surveillance
activities. Democratic oversight of intelligence under laws and
regulations fully respectful of human rights standards may protect
human rights defenders against any abuse of law and authority. The
Special Representative is concerned that the draft Intelligence Act
may not sufficiently address the lack of accountability of
intelligence services in order to ensure prevention of abuse. She
therefore urges a review of the draft law to ensure its efficacy in
this regard.
100. The Special Representative also urges the Government to review
administrative procedures in order to remove restrictive regulations
that impede the right of defenders to freedom of assembly and of
association.
101. Finally, the Special Representative calls on the Government to
release the report of the TPF presidential fact-finding team on the
killing of Mr. Munir Said Thalib and act on the recommendations laid
down in the report.
-----
etanetanetanetanetanetanetanetanetanetanetanetan
ETAN welcomes your financial support. For more info:
http://etan.org/etan/donate.htm[1]
John M. Miller Internet: fbp@igc.org National Coordinator
---
Pacific Magazine > Daily News
Four West Papuans Acquited Of Murdering PNG MagistrateBy Alexander
Rheeney in Port Moresby
Monday: February 25, 2008
Four West Papuans have been acquitted of the murder of Papua New
Guinea magistrate Ivo Cappo.
The Waigani committal court ruled on Friday that the willful murder
charge laid against Christopher
Waromi, 23, Arno Kafiar, 19, John Kumarra, 23, and David Koivi, 19, be
dropped due to lack of
evidence.
-
But the fifth suspect – policeman Micky Lausi, 35, from Uritai
village in PNG’s Gulf province – has been
committed to stand trial in the National Court for murder.
The four defendants’ lawyer Greg Michael Konjib confirmed the court
ruling, saying his clients were
freed on Friday and rejoined their families after being remand in custody
at the Bomana correctional
institution outside Port Moresby since October last year.
“They have no case to answer for the murder of late Ivo Cappo, only
person committed now for trial at
the National Court is the fifth accused, one Micky Lausi,” he said
yesterday.
The court heard the deceased was heading home at about 2.30am on October
20, 2007 from a Port
Moresby hotel when he lost control of his vehicle as he drove towards Bank
South Pacific’s Port Moresby
headquarters.
His vehicle allegedly ended up in a makeshift tent occupied by West
Papuans next to downtown’s ADF
Haus, immediately triggering a confrontation with bystanders as it
reversed and went into another tent.
The melee led to the killing of the deceased and the interrogation and
charging of the four defendants
four days later by Port Moresby police.
The four defendants and their families had set up camp outside ADF House
to protest the refusal by the
United Nations High Commissioner for Refugees (UNHCR) to repatriate them
to a third country, before
the incident involving the deceased.
But their exoneration is only one battle won with Konjib indicating that
the next task is their relocation
from Port Moresby’s Boroko police station, where they sought refuge
to escape retribution by the
relatives of the slain magistrate.
The deceased was the principal magistrate of the Port Moresby district
court at the time of his murder
and is from the Enga Province.
---
Jakarta Post.com
February 27, 2008
More HIV education needed in schools
Features News - Wednesday, February 27, 2008
Angela Dewan, The Jakarta Post, Jakarta
While every school in Indonesia is required to provide basic information
about the prevention and
transmission of HIV/AIDS, only 45 percent educate their students using a
life-skills approach in dealing
with the virus.
The Education Ministry is responsible for training existing teachers
(usually biology, physical education
and religious studies teachers) to educate their students about HIV.
However, even though government funding for HIV education doubled in 2005
and has increased since,
there is still not enough to reach all schools.
"We simply don't have the budget to train all teachers," said Purnomo
Ananto, head of the Center for
Physical Quality Development of the Education Ministry.
Instead of training teachers from all schools, the Education Ministry
stretches its budget by providing
seminars in schools that are disadvantaged or underprivileged, by inviting
a select number of students
from surrounding schools to participate. These students then become peer
leaders on the subject in their
own schools.
The ministry runs many of these programs in collaboration with UNESCO.
"Last year we went to Bogor to run a seminar. We invited students from
surrounding schools, with the
idea that other schools would replicate the seminar and invite more
schools ... like a multiplier effect,"
said Ratna T. Sinaga, chief of educational affairs at UNESCO.
Ratna wants to see systemic improvements with HIV education in schools,
but acknowledges that beyond
management and funding, there are more hurdles concerning HIV education.
"Schools have to give their students information on HIV, but it's not
really in the curriculum. We hope to
integrate it soon. It's the same with human rights and gender issues," she
said.
"In some districts, talking about sex is quite taboo," said Purnomo. "Some
schools also reject the notion
that their students may be sexually active, but data indicates there are
probably sexually active students
in all schools."
The Education Ministry is not solely responsible for the lack of HIV
education in schools, as there is a
need for support from the community to take interest in the epidemic.
"Political will is also a problem," Purnomo added.
"A lot of people think it's the problem of the Health Ministry, not the
Education Ministry. But HIV/AIDS is a
social problem, not a health problem. A lot of schools prioritize their
students' academic success over
HIV education. Maybe they think it's a waste of time."
Other ministries and non-governmental organizations, such as UNICEF and
World Vision, are also
working with the national department to provide seminars.
"When the Cultural and Tourism Ministry contributed last year, they put on
a performance in an effort to
spread information. Sometimes you have to be creative to convey the
information, especially to kids,"
Ratna said.
The combined efforts of the ministries and other organizations have no
doubt been somewhat successful.
Nevertheless, the majority of schools are still not receiving the
educational life skills required to prevent
the contraction of HIV.
The Kios Informasi Kesehatan (Health Information Kiosk) in West Jakarta,
set up by Atma Jaya
University, is helping close the HIV education gap. The kiosk is a support
group for HIV sufferers and
provides clean disposable needles and syringes for injecting drug users.
It also provides free condoms
and information about HIV/AIDS and other STDs.
Members of the kiosk also occasionally visit schools, where they hold
workshops about HIV/AIDS. In the
workshop they discuss HIV transmission through injecting drug use, sexual
contact and tattoo needles.
The group runs the workshops every few months on schools' requests.
"We get the children to discuss issues about HIV in groups. They talk
about sex and drugs. Sometimes
they laugh when they talk about sex," said Cecilia Rina Haryanti, service
coordinator at the kiosk. "But
they like talking about it."
Injected drug use is the cause of 55 percent of Indonesia's HIV cases.
Sexual contact was initially the
most common cause of HIV infection, however, transmission among injecting
drug users has increased
eight-fold since 1998.
In Papua, however, HIV is still spread more commonly through sexual contact.
According to a study funded by the World Bank, the U.S. government and
Family Health International, 48
percent of Papuans do not know what HIV is and the incidence if AIDS in
the region is 20 times that of
the rest of the country.
The Education Ministry, UNICEF and UNESCO focus much of their efforts on
Papua. Some schools,
both in and outside of Papua, however, do not wish to run such programs
and others prefer a censored
version of the program.
"Sometimes we have to be careful about what images we use. Some schools do
not like graphic images
related to sex or drug use," Cecilia said.
While the rest of the world is seeing the epidemic stabilize, it is on the
increase in Indonesia. In
September last year, the number of Indonesians with HIV reached 10,384. Of
those, 2,190 were infected
that year. These figures mean Indonesia has the fastest growth rate of HIV
in Asia.
In spite of these statistics, the government has provided only Rp 500
billion (US$54 million) of the
estimated Rp 1.3 trillion (US$141.5 million) needed for HIV prevention.
Seventy percent of the country's
funding still comes from international sources and many NGOs contribute
significantly to educational
programs as well.
However, Indonesia optimistically plans to increase government funding by
75 percent over the next three
years.
While HIV is rapidly spreading in Indonesia, most children go without
learning the skills needed to deal
with the virus. Purnomo and the Education Ministry are making slow
progress with getting information on
HIV into schools.
"Our target, which was set by the UN, is that by 2010 we will have 90
percent of schools taking a life
skills education approach instead of only 45 percent, like we do now."
---
Jakarta Post.com
February 27, 2008
The Lombok Treaty problem
Opinion News - Wednesday, February 27, 2008
Usman Hamid and Eko Waluyo, Jakarta, Sydney
The recent visit of Indonesian Foreign Minister Hassan Wirajuda to
Australia on Feb. 7 aimed to re-
enforce the framework for security cooperation between Australia and
Indonesia, known as the Lombok
Treaty. A draft of this agreement was signed on Nov. 13, 2006, in Mataram
by both governments, and the
parliaments of both countries have approved the treaty.
The Lombok Treaty covers several areas. There are some major concerns in
human rights circles over
various parts of the agreement.
Article 2, item 2, which refers to "non-interference in the internal
affairs of one another" is broad enough
for each party to translate it as they wish. Yet it is important that
human rights and democracy are not
regarded as internal affairs. Human rights and democracy are global
issues, relevant to the entire
international community. It is the obligation of each nation, particularly
those who are members of the
UN, to uphold and spread the values of human rights and democracy.
The label of "separatists" has been used by Indonesian authorities to
persecute people who criticize the
government's human rights abuses.
There remains a very real concern that the Indonesian government is still
persecuting people in West
Papua for being "separatists".
The article was included in the agreement in the hope of avoiding a repeat
of the tensions which
occurred in Timor Leste, where the Howard government sent troops after
post-referendum violence.
This was regarded as a betrayal of Australian promises of support for
Indonesian sovereignty in the
then-Indonesian province. Could this happen again over West Papua? What
about political refugees
seeking asylum in Australia from various provinces? The article is meant
to allay Indonesian fears.
In the first section of Article 3, the Lombok Treaty deals with "the long
term mutual benefit of the closest
professional cooperation between... Defense Forces".
To improve the Indonesian Military's (TNI) professionalism, the Australian
government should not only
focus on joint military exercises (which have been criticized by several
Australian and Indonesian human
rights groups) but rather on improving the TNI's management of the defense
budget.
During his speech on Feb. 7, Australian Foreign Minister Stephen Smith
mentioned the possibility of
renewing the MOU on counter-terrorism cooperation, which has helped to
eliminate terrorist
organizations in Indonesia.
However, counter-terrorism exercises between Indonesia's controversial
special forces, Kopasus, and
Australia's Special Air Service Regiment, could cause problems for Kevin
Rudd's new government, given
the role of Kopasus in conflict areas such as Papua.
The Intelligence Cooperation section of Article 3 needs to be clarified.
Indonesian authorities often use
the intelligence agency to monitor the activities of human rights and
democracy activists.
Under Article 3's section on the Proliferation of Weapons of Mass
Destruction comments need to be
made concerning item 17, which encourages "strengthening bilateral nuclear
cooperation for peaceful
purposes". The Indonesian government has been struggling to find some
solution to its energy crisis.
Nuclear energy is seen as one of solutions. But many parties in Indonesia
refuse the nuclear alternative
for several reasons, including the country's geographic position and
widespread corruption.
Meanwhile, the section on Emergency Cooperation under Article 3, should
not only deal with natural
disasters but also times of political and social conflict. It is
critically important that the government, as well
as international and non-governmental humanitarian agencies all have free
access to conflict areas
where there is a community need for humanitarian aid.
Human trafficking is also a serious area in which the Indonesian
government faces considerable
challenges. Cooperation on this issue is critically important to both
countries as trafficking can create
security threats beyond the boundaries of any nation.
There is a need to set up an independent body with members from the
government, parliament, and civil
society from both countries to monitor the implementation of this
agreement according to the values of
transparency and with respect for human rights and democracy.
Let us not repeat the dishonesty and debacle that occurred between these
two neighbors over East
Timor.
Usman Hamid is executive director of the Commission for Missing Persons
and Victims of Violence
(Kontras). Eko Waluyo is the Coordinator of Indonesian Solidarity, Sydney.
---
From: gobaybo daniel <gobaybo_daniel@yahoo.com>
West Papua’s Cry for Freedom
by Ghali Hassan
The Australian Federal Treasure, Senator Peter Costello told ABC Radio
recently: “West Papua has
always been part of Indonesia. Ever since Indonesia has existed as an
independent country West Papua
had always been part of Indonesia whereas, East Timor, of course was
not”. Of course, it is utterly
untrue and misleading. The Australian Government thrives on deception and
distortion of facts.
Clearly a little historical perspective is in order. West Papua which
forms the western half of the island
of Niugini (New Guinea or ‘Nueva Guinea’) was colonised by the
Netherlands until 1962. The eastern half
of the Island is known as Papua New Guinea, and was colonised by
Australia. On September 16th 1975,
Australia granted full independence to Papua New Guinea, although Canberra
continues to interfere in
the affairs of Papua New Guinea. Unlike Indonesia and Australia, the
Island of New Guinea is inhabited
by Melanesian people, with some 240 different tribes, each with its own
language and culture. The
tropical Island of New Guinea is the most biologically diverse habitat in
the world, second only to the
Amazon region.
While Indonesia gained its independence from the Netherlands in 1949, it
was on 01 October 1962, the
Dutch handed over the territory of West Papua to a United Nations
Temporary Executive Authority
(UNTEA). On 01 May1963, with tacit support (heavy pressure on the UN) of
the US Administration
Indonesia took control of the territory from the UNTEA. Many argued that
the takeover of West Papua
was an invasion by the Indonesian military. The territory was renamed West
Irian and then Irian Jaya.
Under the 1962 New York Agreement, Indonesia was required to organize a
referendum to seek the
consent of West Papuans for Indonesian rule.
In 1969, while many prominent West Papuan leaders were in prison, the
Indonesian military hand-
picked just over one thousand West Papuans tribal leaders for the
so-called “Act of Free Choice”.
Indoctrinated and under strong threat and intimidation by the Indonesian
military, they voted in favour of
Indonesian rule. The rigged ‘referendum’ resulted in a 100% vote
which saw the replacement of one
colonial power (the Netherlands) by another (Indonesia). As a result, West
Papuans lost their
independence and self-determination. To control West Papua, Indonesia
relays on brutal repression,
covert military operations and the division of West Papua into three
provinces.
Like Papua New Guinea, West Papua is rich in mineral and energy
resources. Its resources exploited
by multinational corporations, including Union Oil, Amoco, Agip, Conoco,
Phillips, Esso, Texaco, Mobil,
Shell, Petromer Trend Exploration, Atlantic Richfield, Sun Oil and
Freeport-McMoran (USA);
Oppenheimer (South Africa); Total (France); Ingold (Canada); Marathon Oil,
Kepala Burung (UK);
Dominion Mining, Aneka Tambang, BHP, Cudgen RZ, and CRA (Australia). The
extracted billions in gold
are shared between these corporations, the Indonesian military and
Indonesia’s elites at the expense of
the people of West Papua who remain poor, and their unique environment.
Freeport's Mt Ertsberg mine is the second largest copper mine in the
world. It also contains the largest
proven gold deposit in existence. Since 1967, Freeport-McMoran extracted
more than $100 billions from
West Papuan soil, value. The region around the mine is (military zone)
closed off to outsiders, as well as
to the traditional land owners who have been dispossessed. The mine is in
the rugged central highlands
of the Island at elevations of more than 13,500 feet above sea-level.
Freeport is simply turning an entire
mountain of gold and copper into an open pit.
In the US, Freeport was known to be the largest polluter of land, air
and water, both in terms of volume
and toxicity, in the whole of North America. In addition to extracting the
wealth of West Papua, Freeport
has done irreparable destruction to the surrounding environment, including
the logging of unique
rainforest and the poisoning of nearby rivers. Other mines like
Bougainville and Ok Tedi in Papua New
Guinea have had similar effects. Furthermore, Freeport is the cause of
thousands of West Papuan
deaths, and continues to pay the Indonesian military for gross human
rights abuses, including the killing
on 11 November 2001 of Theys Eluay, the Chairman of the Papuan Presidium
Council and pro-
independence leader.
Successive Australian Governments not only turned blind eye to more than
40 years of human rights
abuses and destruction of the environment in West Papua, but they also
encouraged them. After more
than two decades of supporting Indonesia’s brutal repression of East
Timor, Australia benefited greatly
from the independence of East Timor. Indeed, the Liberal Government of
John Howard thrived and
gained political mileage out of the “sadness and sorrow”. After
leading the UN mission into East Timor,
later Australia used East Timor’s weak position and government to
carve up East Timor’ sea rights and oil
resources at the expense of starving East Timorese.
The granting of temporary visas to forty-two West Papuan refugees by the
Australian Government was
not out of compassion, but to foment trouble in West Papua, according to
Indonesia’s intelligence.
Australia is well-known for its inhumane and often brutal treatment of
refugees. Many refugees have been
denied their human rights and are incarcerated in remote camps around
Australia and on off shore
Islands. Human rights groups and church leaders have accused Australia of
breaching international
obligations and the Universal Declaration of Human Rights as a result of
it’s off shore detention of
refugees.
Based on East Timor case before and after independence from Indonesia,
Australia’s interference in
the affairs of West Papua is purely self-interest and devoid of any moral
principle. Despite mounting
credible evidence, including refugees’ testimonies of ongoing
genocide and human rights abuses against
the people of West Papua [1 & 2], the Australian Government failed in its
obligation to protest to the
Indonesian Government. Instead, the Australian Government encouraged
Indonesia and continues to
burry the truth about the situation in West Papua and beat the drums of US
war in the Middle East.
Manipulated by fear and a constant diet of racism promoted by the
Government, ordinary Australians
blindly trusted John Howard and thought that they could succeed simply by
following his deceptive
policies and distortion of facts. Today, Australians are
“meaner”, more intolerant and less secure than
before John Howard become Prime Minister. Poverty is on the rise and
racism against minorities has
increased and is now accepted as part of Australia’s Anglo-Saxon
values. It is hard to think of any
serious accomplishment of John Howard’s ten years in office. In the
end there is nothing there for most
Australians. The “anti-terrorism” laws have undermined basic
legal rights and civil liberties and
discriminate specifically against Muslim Australians. And the new
industrial laws are so draconian that
they dwarf the recently abandoned French First Employment Contract laws or
CPE. No one expects
Australians to be like the French, and the Australian Government
implemented its new
laws with ease. Dissent is no longer exists in Australia, passivity is. A
once democracy turned into a
police state by the power of one man.
In the mean time, Australians have been entertained by the
Government-appointed Cole Commission of
inquiry. The Commission − with no power − supposed to
investigate whether the Australian Wheat Board
(AWB) had breached Australian laws by paying kickbacks (bribes) to the
Iraqi government.
The bribes allegedly paid to secure grain sale contracts to Iraq during
the 13-years long genocidal
sanctions − in which Australia was a full complicit − that
killed an estimated 1.6 million Iraqis, a third of
them children under the age of 5 years old. Corrupting the system was the
only way available to the Iraqi
government of Saddam Hussein to break a deliberate mass genocide
perpetuated by the Anglo-Saxon
axis against the entire nation of Iraq. Instead of investigating the
Howard Government corruption, the
Commission is concentrating on Saddam Hussein. It is clear, the purpose of
the farcical Commission is
a smokescreen to bail the Howard Government and appease members of the US
Congress and the UN.
The Australian Government’s long record of collaboration with the
Indonesian military and its support for
many oppressive regimes around the world is against West Papuans’
aspirations for self-determination
and national independence. Through peaceful struggle and negotiation, West
Papua’s cry for freedom
may not be too painful.
Global Research Contributing Editor Ghali Hassan lives in Perth, Western
Australia.
---------------------------------
Endnotes:
[1] Brundidge, E. et al. (2004). Indonesian Human Rights Abuses in West
Papua: Application of the
Law of Genocide to the History of Indonesian Control. New Haven, CT:
Allard K. Lowenstein International
Human Rights Clinic, Yale Law School.
[2] Wing, J., & King, P. (2005). Genocide in West Papua: The role of the
Indonesian state apparatus
and a current needs assessment of the Papuan people. Sydney: West Papua
Project at the Centre for
Peace and Conflict Studies, University of Sydney.
Ghali Hassan is a frequent contributor to Global Research. Global
Research Articles by Ghali Hassan
---
http://daccessdds.un.org/doc/UNDOC/GEN/G08/106/52/PDF/G0810652.pdf?OpenElement
UNITED
NATIONS
General Assembly
A/HRC/7/45
14 February 2008
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Seventh session
Agenda item 2
ANNUAL REPORT OF THE UNITED NATIONS HIGH COMMISSIONER
FOR HUMAN RIGHTS AND REPORT OF THE OFFICE OF THE HIGH
COMMISSIONER AND OF THE SECRETARY-GENERAL
Progress on reports and studies relevant to cooperation with
representatives of United Nations human rights bodies
Report of the Secretary-General
B. Summary of cases
6. The following paragraphs cover a variety of situations in which
persons have been intimidated or suffered reprisals for having
cooperated with United Nations human rights bodies, for having
availed themselves of international procedures, for having provided
legal assistance for this purpose, and/or as relatives of victims of
human rights violations.
2. Indonesia
8. On 11 July 2007, the Special Representative of the
Secretary-General on the situation of human rights defenders sent an
urgent appeal to the Government of Indonesia in relation to the
situation of Frederika Korain, Reverend Perinus Kogoya and Barthol
Yomen, members of the Peace and Justice Commission for the Diocese of
Jayapura (SKP Jayapura), Yan Christian Warinussy, Director of
Institute of Research, Analysis and Development of Legal Aid (LP3BH)
of Manokwari - West Irian Jaya, and Albert Rumbekwan, Head of the
National Commission on Human Rights in West Papua province (“Komnas
HAM”). According to the information received, on 8 June 2007, Ms.
Korain, Reverend Kogoya, and Mr. Yomen flew back to Jayapura after
attending a public hearing with the Special Representative in Jakarta
on 7 June. After leaving the airport, their vehicle was followed and
subsequently hit by a car with a police licence plate in Ifar. The
driver of the police car introduced himself as a commander of
intelligence in the Military Regional Command of Trikora. He
apologized and said that it was an accident, before driving away. The
police, who witnessed the entire incident, allowed him to leave the
scene without being questioned. It was alleged that this incident was
not accidental, but was perpetrated by an intelligence official who
monitored the Special Representative’s visit to West Papua, with the
direct purpose of intimidating the occupants of the car.
9. On 9 June 2007, Mr. Warinussy returned to Manokwari after meeting
with the Special Representative the day before in Jayapura. In the
following days and weeks, Mr. Warinussy was the object of
surveillance with instances of the same cars being parked either in
front of his house or in front of the LP3BH office. Mr. Warinussy
requested protection from the non-governmental organization Peace
Brigade International (PBI) and asked them to accompany him from 15
June 2007 onwards. One of the cars was reportedly owned by the
Manokwari Telkomsel telephone company. However, the car was often
borrowed by a member of the Indonesian Navy, who was believed to be
working as an intelligence officer for the Armed Forces Strategic
Intelligence Agency (BAIS) in Manokwari. It was reported that this
member of the Navy, introducing himself as a journalist, tried on
several occasions to know from Mr. Warinussy whether he intended to
meet with the Special Representative.
10. On 11 June 2007, Mr. Rumbekwan received a text message from a
cell phone that said You who are reporting about the human rights
situation in Papua are trying to destroy the people. You want
evidence of people being killed, I will kill your tribe, your family
and your children will become only bones to show that there is only a
zone of peace in Papua.” On 12 June 2007, the Special Representative
urged the Chief of National Police to grant police protection to Mr.
Rumbekwan, and was informed later that day that such protection had
been provided. On 14 June 2007, Mr. Rumbekwan reportedly received
five more text messages from the same number, again containing death
threats. On 14 and 17 June 2007 Mr. Rumbekwan was for several hours
the object of surveillance by a number of individuals both at his
office and house. The Special Representative expressed serious
concern that these events were directly linked to the meetings Mr.
Rumbekwan had with her during her visit to Indonesia.
11. The Government of Indonesia responded to the above communication
on 16 August 2007. According to the Government, initial investigations
into the car accident indicated that nothing harmful had resulted from
this incident. In addition, the Government stated that it believed in
an active and dynamic civil society, dedicated to the protection and
promotion of human rights, and that the work of legitimate human
rights activists was vital to make Indonesia a country which welcomes
diversity and promotes tolerance. The Government also indicated that
Indonesia considered and treated complaints of violations against
human rights defenders with the seriousness it warranted and further
did not shy away from investigating such allegations. The Government
expressed its concern that there have been suggestions of deliberate
attempts to impede or intimidate the efforts of human rights
defenders in the country.
12. In an additional response, dated 27 September 2007, the
Government of Indonesia provided more details on the circumstances of
the event of 8 June 2007. According to the Government, the collision
between the two cars was indeed an accident caused by a temporary
engine failure of the car driven by the military officer, who had
also just arrived at the airport from Jakarta (see paragraph 8
above). An examination of the cars by both drivers found no damage to
either car and the Lieutenant driving the car expressed remorse for
the accident. A discussion ensued, and the Lieutenant Colonel,
passenger of the car, offered his apologies and phone number and
accepted responsibility for all future repairs. The police present
got both parties to agree by shaking hands. The Government also
informed the Special Representative that the Bishop, who owned the
car Ms. Korain, Reverend Kogoya and Mr. Yomen were travelling in, met
the Lieutenant Colonel on 22 June 2007 and agreed with his
explanations.
According to the Government, the allegations put forward by the
Special Representative were erroneous and that those involved should
have contacted the Lieutenant Colonel for damages or contacted and
filed a report with the police and not with the Office of the High
Commissioner.
13. On 28 August 2007, the Special Representative of the
Secretary-General on the situation of human rights defenders sent an
urgent appeal to the Government of Indonesia in relation to the
situation of Mr. Yan Christian Warinussy, Director of Institute of
Research, Analysis and Development of Legal Aid (LP3BH) of Manokwari
- West Irian Jaya. Mr. Warinussy had been the subject of an urgent
appeal by the Special Representative on 11 July 2007, as summarized
above (see paragraph 8). According to the information received, since
29 July, Mr. Warinussy had received threatening text messages on his
mobile phone linking his human rights work to the separatist movement
in West Papua. On 15 August, a car reportedly followed Mr. Warinussy
and parked outside the office of the Institute for Investigation,
Research and Human Rights where Mr. Warinussy entered. It is believed
that one of the occupants of the car was a detective with the
Manokwari Regional Police. The Special Rapporteur reiterated her
serious concern that the harassment of Mr. Warinussy may be solely
related to the meeting he had with her.
...
II. CONCLUSION
20. During the period under review, reports of intimidation and
reprisals against private individuals and groups who seek to
cooperate with the United Nations and representatives of its human
rights bodies have continued to be received. Of particular concern is
the continued seriousness of such reprisals as victims suffer
violations of the most fundamental human rights, including the right
to liberty and security of person. The gravity of reported acts of
reprisal reinforces the need for all representatives of United
Nations human rights bodies in cooperation with States to continue to
take urgent steps to help prevent the occurrence of such acts.
-----
etanetanetanetanetanetanetanetanetanetanetanetan
ETAN welcomes your financial support. For more info:
http://etan.org/etan/donate.htm[1]
John M. Miller Internet: fbp@igc.org National Coordinator
Links:
------
[1] http://etan.org/etan/donate.htm
[2] http://www.etan.org/
---
Jakarta Post.com
Modernization of Indonesia's military in question
Opinion News - Saturday, March 01, 2008
Dwi Atmanta
Many may have expected more from U.S. Defense Secretary Robert Gates'
recent visit to Indonesia,
coming as it did at a time the country was forced to further cut its
defense spending.
Washington's offer to sell six 1990 F-16 jet fighters to Jakarta came as a
confusing signal from a
superpower that considers Indonesia a key partner in its efforts to
maintain stability in Asia, the world's
most flourishing economic growth hub.
It could be unfair to compare Indonesia with India, to which Gates
unveiled U.S. bids for a lucrative
US$10 billion fighter contract on the next stop of his Asian trip. But the
minuscule package the U.S.
proposed to Indonesia should speak for itself.
Still, if the fighter sale materializes it will mark a full resumption of
U.S.-Indonesia military ties, which had
been strained due to human rights violations implicating the Indonesian
Military. The U.S. embargoed
sales of lethal weapons to Indonesia after the Santa Cruz incident in East
Timor in 1991 and extended
the restriction following the post-referendum atrocities in the former
Indonesian province in 1999.
Indonesia has suffered from the arms embargo, the impacts of which were
visible in a series of
accidents involving its war machines in the past few months. Compounded
with nagging financial
constraints, the country has been forced to operate with the old defense
equipment that helped build its
military might, at least in Southeast Asia, in the 1960s.
The state of Indonesia's military may have now reached its lowest ebb,
although the country's defense
budget for 2008 rose by 11 percent from last year's to Rp 36.39 trillion.
The budget is a far cry of the
minimum Rp 100 trillion the Defense Ministry had demanded to modernize
Indonesia's armory. Worse,
the ministry may have to slash its spending by 15 percent in line with the
government's fuel saving policy.
With the bulk of the budget going to soldiers' welfare, the modernization
of the Indonesian Military looks
elusive even though many of its jet fighters are no longer airworthy and
its warships are not seaworthy.
The country will find it difficult even to maintain its war machines or to
improve its soldiers' skills.
With over 230 million citizens and 17,000 islands to protect, the poorly
armed Indonesian Military (TNI)
will be unable to defend the country against attack by another country.
Such a population burden is
absent in small countries like Singapore, which apart from financial
superiority requires its youths to join
a conscription program to maximize its national defense capabilities.
President Susilo Bambang Yudhoyono, himself a former Army general, has
ordered the TNI to withdraw
its aging war machines and called on domestic arms producers to improve
capabilities and propel TNI
modernization. It will take, however, decades to build a strong national
defense industry, whereas the
need for a reliable defense force cannot wait that long.
The most the TNI and Defense Ministry can do to protect the nation is
increase efficiency, a basic
management principle which has not taken root in the country's bureaucracy.
Efficient defense spending will require the Defense Ministry to focus on
development of the Navy, instead
of the Army or Air Force, given the fact that Indonesia is an archipelagic
country. A strong and capable
Navy force would enable the country to prevent illegal fishing and
logging, which have caused trillions of
rupiahs in state losses.
The Army spending can be reduced by gradually phasing out territorial
commands, which in the past
helped the regime maintain its power. The country is divided into 12
regional military commands, whose
presence extend to the village level.
Phasing-out territorial commands is part of a reform agenda the TNI has
not been able to carry out so
far. Like a blessing in disguise, a successful defense budget efficiency
program would therefore
accelerate long-awaited military reform.
In the wake of regional autonomy, local governments need to be involved in
providing defense funds.
National defense, after all, is the responsibility of not only the central
government, but the regional
administrations and the whole nation.
---
Ex-Papua fighters urge OPM flag crackdown
Jakarta Post.comNation News - Saturday, March 01, 2008
JAYAPURA: An association of former Papuan fighters urged greater
government efforts to publicize a
regulation that prohibits regions from using secessionist flags.
The Former Papua Liberalization Fighters Big Family (KKBPPIB) said most
Papuans were unaware of
the existence of Government Regulation No. 77/2007, which bans the use of
secessionist flags, including
the Crescent Star flag of the separatist Free Papua Movement (OPM).
"The regulation should be made known to the public at large and the
provincial government should get its
own flag which is completely different from the OPM flag," KKBPPIB
secretary Mesak Womsiwor said
here Friday after a meeting between Papuan community figures and the chief
of the Cenderawasih
Military Command, Maj. Gen. Haryanto Soetanto.
He criticized local administrations for allowing the flying of the
secessionist flag during cultural festivals
and other events.
"The OPM flag is not a cultural symbol of the province but a symbol of the
struggle for Papua's
separation from Indonesia," he said.
Haryanto said it was the job of the central and local governments to
introduce the regulation to people,
adding the military would provide whatever support it could.
---
http://www.rnzi.com/pages/news.php?op=read&id=38343
Radio New Zealand International
The Voice of New Zealand, Broadcasting to the Pacific
Te Reo Irirangi O Aotearoa, O Te Moana-Nui-A-Kiwa
Rallies planned across Papua against Indonesian rule
Posted at 01:59 on 03 March, 2008 UTC
A series of demonstrations calling for a referendum on Papuan
self-determination has been planned for
today in several main towns of Indonesia’s Papua region.
Rallies will be held in the provincial capital Jayapura, as well as
Manokwari, Serui and Sarong.
The West Papua National Authority, which represents Papua’s influential
student movement, has
organised these rallies that are intended to be peaceful.
The Authority expects the rallies to be some of the biggest public
demonstrations against Indonesia’s
presence since 1963.
A spokesman for the Authority, Jack Wainggai, says the demonstrations will
voice Papuans’ desire for a
peaceful solution to the violence and poverty they live with.
“We want a referendum for West Papua because referendum is a peaceful
solution for West Papua,
because there are many many problems in West Papua when West Papua
integrate with Indonesia -
until now, many people suffering, many people killing, many people die
because of the military of
Indonesia.”
Jack Wainggai
---
http://www.pacificmagazine.net/news/2008/03/01/relatives-of-slain-magistrate-want-justice
Relatives Of Slain Magistrate Want Justice
By Alexander Rheeney in Port Moresby
Saturday: March 01, 2008
The relatives of slain Papua New Guinea magistrate Ivo Cappo have lashed
out at a court’s decision to
free four West Papuans of the murder charge.
A committal court sitting in Port Moresby last week ruled there was
insufficient evidence to commit four
West Papuans to stand trial for murder in the National Court.
However, the same court ruled policeman Micky Lausi, 35, from Uritai
village in PNG’s Gulf province had
a case to answer and committed him to stand trial for wilful murder.
Despite the successful prosecution, the relatives of the murdered
magistrate said they were not happy
with the verdict.
“The accused policeman was among the West Papuan refugees who committed
the offence and was
arrested a few days later, after the West Papuans refugees were group
arrested soon after the incident.
The handpicking of the four accused West Papuan refugees was done at the
Boroko police station and
the process should continue until the culprits are rounded up,” said
Karlus Kepakan, who is an in-law of
Cappo.
Kepakan, who is the secretary of a committee which was formed soon after
the death of the magistrate
and is made up of relatives and family members, said they believe state
agencies have not done a
thorough investigation of the murder.
“We urge the law enforcement agencies to revisit the case and bring the
culprits behind bars for their
evil acts,” Kepakan said.
West Papuans Christopher Waromi, 23, Arno Kafiar, 19, John Kumarra, 23,
and David Koivi, 19, were
acquitted by the court for lack of evidence.
Cappo was heading home at about 2.30am on October 20, 2007 from a Port
Moresby hotel when he lost
control of his vehicle as he drove towards Bank South Pacific’s Port
Moresby headquarters.
His vehicle allegedly ended up in a makeshift tent occupied by West
Papuans next to downtown Port
Moresby’s ADF Haus, immediately triggering a confrontation with bystanders
as it reversed and went into
another tent.
The melee resulted in the death of Cappo and the four West Papuans were
interviewed and charged four
days later for wilful murder.
The defendants and their families had set up camp outside ADF House to
protest the refusal by the
United Nations High Commissioner for Refugees (UNHCR) to repatriate them
to a third country, before
the incident involving the deceased.
The four West Papuans have rejoined their families and are waiting for the
UNHCR and the PNG
government to make a decision on their future, though the UN agency says
the West Papuans do not
qualify for repatriation to a third country because they do not fulfil the
criteria.
---
http://thejakartapost.com/news/2008/03/04/new-law-end-papua-legal-dispute.html
Thursday, March 6, 2008 7:52 AM
New law to end Papua legal dispute
Desy Nurhayati , The Jakarta Post , Jakarta | Wed, 03/05/2008 2:15 AM
| Headlines
The government will issue an emergency government regulation within the
next two months to justify the
formation of West Papua province, which has been a source of tension
between Jakarta and Papua for
the last five years.
President Susilo Bambang Yudhoyono said Tuesday the regulation, or Perpu,
would provide a legal
basis for West Papua province and resolve all problems related to the
establishment of the new province,
which was declared illegitimate by the Constitutional Court in 2003.
"The Perpu will acknowledge West Papua and synchronize it with the Papua
province under the existing
2001 law on special autonomy for Papua," Yudhoyono said after meeting with
Papua Governor Barnabas
Suebu, West Papua Governor Abraham Atururi and representatives from the
Papua legislature and the
Papua People's Council.
The President said the new regulation would bring clarity to the legal
status of West Papua as a separate
province in the country's easternmost territory, which is rich in natural
resources but among the poorest
regions of the country.
"We just need to create legal certainty so that the development of the two
provinces will run well,"
Yudhoyono said.
Yudhoyono, last August, issued a presidential instruction to accelerate
development in Papua and West
Papua provinces. The instruction calls on the central government to spend
Rp 22 trillion, mainly on
infrastructure.
The President said the government approved a recommendation from the Papua
administrations to
establish a coordinating board to monitor and evaluate the use of state
money channeled by the
government to the Papua provinces.
Yudhoyono said he would issue a presidential decree on this matter.
"West Papua will receive an appropriate portion of the government money,"
the President said.
Currently the Papua administration controls the special autonomy funds
allocated for both provinces.
Regarding the possible formation of new provinces and regions in Papua,
the President said he would
consult with the House of Representatives and Regional Representatives
Council.
"We are very cautious about regional divisions. We have seen that the
establishment of new provinces or
regions has indeed caused setbacks because natural resources have been
exploited instead of being
used to improve people's welfare," Yudhoyono said.
In a meeting led by Vice President Jusuf Kalla in mid-February in
Jayapura, the governors, mayors and
regents of Papua and West Papua provinces agreed to propose an emergency
government regulation to
break the impasse over West Papua.
============================================================================
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