[ETAN-key] West Papua Report - July 2007

[John M Miller]

The West Papua Report - July 2007

This is the 38th in a series of monthly reports that focus 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 at msn.com

Summary:  The US House of Representatives has called for cuts in US 
assistance to the Indonesian military (TNI) and has insisted on 
genuine reform within the TNI.  A UN human rights official has 
expressed concern about the human rights enviornment in West 
Papua.  Her visit prompted Papuans to demonstrate peacefully in 
suppor to UN action to protect fundamental Papuan rights.  In the 
wake of the UN visit, security forces have cracked down on human 
rights defenders.  A prominent Papuan political prisoner/prisoner of 
conscience has been beaten in prison following his revalation of 
criminal behavior by guards. Thirty Papuan, Indonesian and 
international human rights organizations have written to President 
Yudhoyono calling for removal of a TNI official indicted by the 
UN-supported Dili special crimes unit who, as a senior commander in 
West Papua, has threatened to "destroy" Papuans who press for their 
rights. End Summary.


Congressman Eni Faleomavaega Barred from Visiting West Papua

As the July edition of the West Papua Report was being finalized for 
publication we learned that the Indonesian Government has reneged on 
its invitation to Congressman Eni Faleomavaega to visit West 
Papua.  An Indonesian spokesperson claimed the visit was canceled 
over fear that it could provoke riots.  The Indonesian government has 
offered no evidence for this purported concern.  In fact Papuans were 
preparing a warm welcome for this consistent champion of human rights 
in West Papua.

For over one year the Indonesian government has engaged in a massive 
international propaganda campaign aimed at convincing critics that 
its policies in West Papua are benign.  Its refusal to allow 
Congressman Faleomavaega to see the situation for himself speaks 
volumes about the mendacity of the Indonesian propaganda campaign and 
about the urgent need for the international community to address the 
plight of Papuans.


U.S. Congress Demands Indonesian Military Accountability for Human 
Rights Crimes in West Papua and Elsewhere

On June 22, the U.S. House of Representatives renewed its past 
statements of concern about human right abuse and corruption in the 
Indonesian military (TNI).  Specifically, it inserted requirements 
into legislation funding U.S. assistance to the Indonesian military 
that demand military reform and accountability.   Several provisions 
in the Foreign Operations Appropriations Bill (H.R. 2764) require 
reporting on progress in these areas prior to the release of certain 
military assistance funds.  The provisions include reporting on the 
impact of U.S. assistance on Indonesian security forces and any 
connections between US assistance and human rights violations by these forces.

The bill would cut the administration's request for Foreign Military 
Finance (FMF) funds nearly in half from $15.7 million to $8 million 
and would delay the release of $2 million of those funds until the 
State Department reports on: "steps taken by the Government of 
Indonesia" to prosecute and punish, "in a manner proportional to the 
crime," members of the Armed Forces who have been credibly alleged to 
have committed gross violations of human rights; cooperation with 
"civilian judicial authorities and international efforts to resolve 
cases of gross violations of human rights in East Timor and 
elsewhere"; and military reforms "to increase the transparency and 
accountability of their operations and financial management."

In addition to reflecting the Congress's exasperation with the 
continued failure of the Indonesian military to end corruption, 
submit to civilian direction and end human rights abuses, the 
Congress also renewed expressions of concern about developments in 
West Papua.  Among these, the legislation would delay provision of 
International Military Education and Training (IMET) until the 
Secretary of State reports on steps taken by Indonesia to "to deny 
promotion to and to remove from service military officers indicted 
for serious crimes."  This provision reflects growing concern in 
Congress and elsewhere that Jakarta continues to promote those 
indicted for war crimes.  For example, Colonel Burhanuddin Siagian, 
regional military commander in West Papua, recently threatened to 
"destroy" any Papuans seeking their political rights. He has been 
twice indicted for crimes against humanity by the UN-supported 
serious crimes court in East Timor.   The congressional initiative 
also renewed calls for West Papua to be opened to unimpeded travel by 
U.N. and diplomatic personnel, journalists, researchers and 
non-governmental organization personnel.

The Senate has yet to take up its version of the Foreign Operations 
Appropriations Bill. Before becoming law, any differences between the 
House and Senate bills must be reconciled.


UN Human Rights Official Visits West Papua And Expresses Concern Over 
Human Rights There

A June 12 UN report described the visit earlier in June of the 
Special Representative of the Secretary-General on the situation of 
human rights defenders, Hina Jilani.  The report, issued by the 
Secretary General's office, noted that the purpose of the June 5-7 
visit was to assess the situation of human rights defenders in the 
light of the principles set forth in the Declaration on Human Rights 
Defenders adopted by the United Nations General Assembly in 1998. 
During the mission, the Special Representative visited Jayapura in 
West Papua.  The visit was important and welcome as Jakarta has 
heretofore often blocked visits by UN and other human rights-focus 
people to West Papua.

In general, the Special Representative observed that prospects for 
the promotion of human rights had been considerably improved in the 
recent past. She also however observed shortcomings including a lack 
of interagency cooperation and coordination among institutions 
created to address human rights concerns. She also described 
resistance to changing attitudes and institutional culture which has 
made it difficult for these institutions to make a full commitment to 
eliminate impunity for human rights violations. She observed that 
there was "even less commitment to removing impunity for past 
abuses." In this context, she said she was mindful of the several 
cases she has communicated to the government in the past six years on 
which there is still no progress.

The Special Representative was particularly concerned by developments 
in West Papua on which the June 12 report focused:

"The Special Representative is deeply concerned by the testimonies 
that she has heard indicating the continuing activities of the 
police, the military and other security and intelligence agencies 
that are aimed at harassment and intimidation of defenders or to 
restrict their access to victims and to sites of human rights violations."

"She found this trend more pronounced in the Province of West Papua. 
She has heard credible reports of incidents that involve arbitrary 
detention, torture, harassment through surveillance, interference 
with the freedom of movement and in defenders' efforts to monitor and 
investigate human rights violations. She was also informed of cases 
where human rights defenders were threatened with prosecution by 
members of the police and the military. It was alleged that when 
defenders have attempted to register their complaints, this has been 
denied and the defenders threatened. She is also concerned about 
complaints that defenders working for the preservation of the 
environment and the right over land and natural resources frequently 
receive threats from private actors with powerful economic interest, 
but are granted no protection by the police. She is particularly 
disturbed by allegations that when defenders expose abuse of 
authority or other forms of human rights violations committed by the 
security apparatus, they are labeled as separatists in order to 
undermine their credibility. The Special Representative believes that 
this trend places human rights defenders at greater risk and must be 
discouraged by the concerned authorities."

"The concerns of the Special Representative regarding the situation 
of human rights defenders in West Papua persist despite the assurance 
to her by the Military Commander and the Chief of police in Papua 
that there was no institutional policy to target defenders. She has 
recommended improvement in the mechanisms in order to ensure more 
credible oversight and accountability of police, the military and the 
intelligence apparatus. She has also recommended the creation of 
special complaint cells for registering and redressing incidents of 
harm or threats to human rights defenders."

The Special Representative will present her report on this mission to 
the United Nations Human Rights Council, and will make detailed 
recommendations for the consideration of the government. She called 
for a sustained dialogue with the Indonesian government, and 
expressed hope that there would be "more uniform progress on the 
protection of human rights defenders in all parts of the country".


Papuans Rally to Win UN Support for Political Rights

An Agence France Press report noted that Hundreds of people rallied 
June 8 in West Papua, to urge the United Nations to press Jakarta to 
overturn a 1969 referendum that Jakarta has used to justify its 
annexation of West Papua.  The rally transpired during a visit by UN 
envoy Hina Jilani (see separate reports above regarding the UN 
official's visit).  The demonstrators call on the UN to reconsider 
the 1969 "Act of Free Choice" in which 1,022 Papuans, chosen by the 
Indonesian Government and operating under military pressure "voted 
unanimously" for annexation.  Independent international observers, 
including UN monitors from the period, have labeled the act a sham 
and a fraud as do recently declassified US and UN documents.

"We urge the United Nations to accept the Papuan people's aspiration 
to review the Act of Free Choice,"  rally organizer Jek Wanggai told 
AFP by phone. "The United Nations must register Papuan areas as 
colonized zones and organize an immediate referendum vote," Wanggai 
said.  According to the AFP report, Wanggai said about 900 people 
took part in the rally in Manokwari, located 500 miles from the 
provincial capital Jayapura, where UN Special Representative Jilani 
was meeting with officials. Wanggai called on her to meet 
representatives of his movement while in West Papua.  "We no longer 
believe in the corrupt Indonesian justice system and hope an 
international court will deal with human rights violations in Papua," he said.

Wanggai's comments and actions place him in danger.  A senior 
Indonesian military official in West Papua who was indicted by the 
UN-supported Special Crimes Unit publicly threatened to "destroy" 
Papuans who spoke out for their rights, including political 
rights  (see separate report in June edition of the West Papua 
Report).  Following report documents security force pressure on 
Papuans in wake of UN official's visit.


Papuans Face Threats and Intimidation in Wake of UN Official's Visit

On June 28 the Asian Human Rights Commission issued and "urgent 
appeal" on behalf of Papuan human rights defenders who were targeted 
by the Indonesian security forces and intelligence units in the wake 
of a visit by a UN human rights official to West Papua (see above).

In its appeal,  The Asian Human Rights Commission (AHRC) said it 
has  received "credible" information of ongoing attacks, 
intimidation, surveillance and threats, including death threats, 
against human rights defenders from  West Papua that occurred in 
mid-June 2007, following their meeting  with Ms. Hina Jilani, the UN 
Special Representative to the Secretary  General on Human Rights 
Defenders." The appeal stated that members of the  Indonesian 
military (TNI) appeared to be targeting people who met with Ms. 
Hina  Jilani during her visit.  The appeal added that although a 
formal letter has been issued  to the chief of the national police 
and the regional military commander of Papua province, no action had 
been taken by the  authorities and that the defenders continue to 
feel threatened while  conducting their work.

The appeal cited the following cases:

The first case reported involves two persons: Frederika Korain, 
Priest Perinus Kogoya. They all work for the Peace and Justice 
Commission for the Diocese of Jayapura (SKP Jayapura). They attended 
a public hearing with Ms. Hina Jilani in Jakarta on June 7, 2007. 
They returned to Jayapura on June 8, 2007. Sentani airport, where 
their plane landed, was being heavily guarded by the police, military 
and intelligence services, as Ms. Hina Jilani was scheduled to visit 
Papua. As their vehicle departed Sentani airport they were rammed by 
a vehicle bearing a police license plate. As a result of the crash, 
the SKP car was damaged and the passengers were in shock. The SKP 
driver attempted to stop the car that had hit them, at which point 
two men got out of the car and stated that they were intelligence 
commanders for the military regional command. The police, who saw the 
entire incident, allowed them to leave the scene of accident without 
being questioned. Local groups believe that this incident was no 
accident, but was for the direct purpose of intimidating the two 
defenders, notably as they had been being followed by the same car 
since they had left the airport.

The second case involves Yan Christian Warinussy, the Executive 
Director of the Institute of Research, Analysis and Development for 
Legal Aid (LP3BH) in Manokwari, who has reported that he is under 
surveillance both at his home and office. On June 8, 2007, Mr. 
Warinussy met with Ms. Hina Jilani in Jayap  ura, and he came back to 
Manokwari on June 9, 2007. Beginning that evening he was surveiled 
from a vehicle both at home and at his office. Mr. Warinussy 
requested protection from Peace Brigade International (PBI) and asked 
them to accompany him from Friday June 15, 2007 onwards.

The third case concerns Mr. Albert Rumbekwan, the head of the 
National Human Rights Commission (Komnas Ham) in Papua Province. On 
June 11, 2007, Albert received a text message  "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 June 14, 2007, Mr. 
Albert Rumbekwan received five more text messages from the same 
number, again containing death threats. AT around 8am on the same 
day, unidentified persons parked three cars some 20 meters from Mr. 
Albert Rumbekwan's office.  The perpetrators were shouting, allegedly 
to get Mr. Albert Rumbekwan to come outside and see them, but he 
ignored them, as a result of which they remained in the area and 
monitored his offices until around 4pm. These telephonic threats have 
continued as have surveillance.

The Commission for Disappeared Persons and Victims of Violence 
(Kontras) has already issued complaint letters concerning the three 
afore-mentioned cases to the Chief of Police for the Province of 
Papua (Kapolda Papua), Regional Military Commander of Trikora, chief 
of National Police (Kapolri), Foreign Affairs Minister of Indonesia, 
and the Head of Komnas HAM in Jakarta. However, no effective action 
has yet been taken to investigate these incidents.


Papuan Prisoner of Conscience Beaten for Revealing Guards' Criminality

Reliable reporting from inside West Papua indicates that in June, 
Filep Karma, recognized by Amnesty International and other human 
rights organizations as a "political prisoner" and prisoner of 
conscience" in June was attacked by guards as a consequence of his 
reporting of criminality by local guards.

On the 12th June 2007, TOP TV (Papuan Local TV), Cenderawasih Post 
and Papua Post (newspapers) published Filep Karma's report about 
violence and extortion which is being committed by Indonesian prison 
officers. Included in the report, he reported that the prison 
officers receive bribes and also have stolen the prison's tools and 
equipment which were used by prisoners for training and practical 
activities. He reported that the prison officers took them and used 
them as their personal belongings.

In addition, he reported about a list of names of the prisoners who 
have bribed the prison officers and who are now enjoying freedom 
outside the prison.

As a result of Filep Karma's  report which was published by the 
media, two prison officers dragged him by the collar of his 
shirt.  As a result of  their action  his shirt was torn , his feet 
were injured and his back bone and his coccyx (tailbone) which was 
injured when he was arrested in 2004 are now very painful again.

Until the publication of Filep Karma's report, he  had twice 
weekly  health checks.  Prison authorities ended this practice 
following publication of the report sourced to Karma.


International Groups Expose Criminal Past of TNI Officer Now Issuing 
Threats against Papuans

On June 28 30 Papuan, Indonesian and international human rights 
organizations called attention to the the presence in West Papua of a 
senior Indonesian army officer indicted on crimes against humanity 
charges in East Timor (now Timor-Leste).  The groups underscored that 
the officer's presence in West Papua endangers human rights defenders 
and political activists and is a sign of the Indonesian government's 
lack of commitment to justice and accountability.

In an open letter to President Susilo Bambang Yudhoyono of Indonesia 
(see http://tapol.gn.apc.org/news/files/let070628.htm), the 
organizations called for Col. Burhanuddin Siagian, commander of the 
Jayapura sub-regional military command (Korem 172) in Papua, to be 
withdrawn immediately and suspended from active duty.  They urged the 
Indonesian government to review all evidence against Col. Siagian and 
other high-level East Timor suspects to determine whether proceedings 
should be commenced and to extradite to East Timor those indicted by 
Dili's Special Panel for Serious Crimes.

A June 28 Tapol media release quoted Paula Makaboury as stating "It 
is shocking that a government supposedly committed to military reform 
and fighting impunity would appoint an indicted officer to a 
sensitive senior post in Papua." said Paula Makabory, the exiled 
coordinator of the International Human Rights Campaign for the Papuan 
rights group, ELSHAM. "Papuans will continue to have their rights 
trampled on until the civilian authorities exert control over 
military behavior and ensure accountability for past abuses," she added.

As reported in the June issue of the West Papua Report,  Siagian 
publicly threatened to "destroy" anyone who "betrays" Indonesia.  His 
threat was targeted at those Papuans demanding their political 
rights.  His statements ominously echoed statements he made when 
serving as Maliana as military commander of the Bobonaro district of 
East Timor in 1999.  Two indictments issued in 2003 state that he 
made speeches threatening to kill East Timorese independence 
supporters and was responsible for the deaths of
seven men in April 1999 (See
http://jsmp.minihub.org/indictmentspdf/Cailacoindnannexeng07feb03) and
http://jsmp.minihub.org/indictmentspdf/Maliana_Burhanuddin22_7_03.pdf).

The organizations in their letter underscored that Papuans who 
campaign peacefully are not betraying Indonesia as alleged by Col. 
Siagian, but simply asserting their right to express their political 
views.  They called upon President Yudhoyono to show his commitment 
to freedom of expression and support this right.

The organizations concluded their letter as follows:  "We are 
dismayed by Indonesia's lack of respect for the rule of law and its 
apparent determination to perpetuate a cycle of impunity that 
encourages military personnel to believe they will escape justice for 
past and future violations of human rights," said Matthew Jamieson 
Secretary of the Institute for Papuan Advocacy & Human Rights in 
Australia.  "Indonesia has failed to keep its obligations under 
international law and Indonesian domestic law to prosecute Col 
Siagian for his alleged crimes."


Indonesian Government in West Papua Replicating Infamous East Timor Strategy

Reliable accounts from West Papua report Indonesian agents are 
suborning Papuans  along the lines of efforts in East Timor a decade 
ago aimed at creating pro-Jakarta elements in support of a propaganda 
campaign.  As with militia and pro-Jakarta Timorese, those recruited 
will wear T-shirts printed with pro-integration logo's.  More 
ominously, Indonesian security officials will train these recruits to 
"defend" Indonesia against "separatists." Similar militias in East 
Timor and Aceh were employed by the military and police to terrorize 
local critics of Jakarta.  It is not clear whether these Papuan 
militias will be armed, although in the past, the Indonesian military 
has armed migrant-based units, raising communal tensions.