Wednesday, July 25, 2012

1) Participation of persons living in poverty

1) Participation of persons living in poverty

2) Police Arrest 165 Men in Latest Papua Tribal Clash
3) Papua Choir Was Stranded in China Too
4) Yudhoyono Orders AGO Probe Into 1965 ‘Serious Rights Violations’
5) Yusak Pakage questioned by police for possessing a pocket knife
6) State's responsibility for health of mothers and children in Papua
7) Bishop wants Papuans to hold dialogue before any dialogue with Indonesia
8) Freeport Indonesia Offers Govt. 9 Percent Stake
9) Former Supiori regent in Papua indicted for corruption

10) TV Papua Network@ BT River of music festival London


United Nations Human Rights

1) Participation of persons living in poverty

At the 23rd session of the United Nations Human Rights Council (June 2013), the Special Rapporteur on extreme poverty and human rights, Magdalena SepĂșlveda, will submit a report on the human rights approach to participation of persons living in poverty in decisions that affect their lives.

The right to participate is reflected in numerous international instruments, including the International Covenant on Civil and Political Rights (art. 25), the International Covenant on Economic, Social and Cultural Rights (arts. 13.1 and 15.1), Convention on the Elimination of All Forms of Discrimination Against Women (art. 7), the Convention on the Rights of the Child (art. 12), the Declaration on the Right to Development (arts. 1.1, 2 and 8.2), the Declaration on the Rights of Indigenous Peoples (art. 5, 18, 19 and 41) and the Millennium Declaration (para. 25).
Poverty has many dimensions, extending far beyond a lack of income to include deprivation of choices, capabilities and power. Persons experiencing extreme poverty live in a vicious cycle of powerlessness, stigmatization, discrimination, exclusion and material deprivation. Lack of participation in decision-making is thus a defining feature and cause of poverty, rather than just its consequence.

Participation is an affirmation of the right of every individual and group to take part in the conduct of public affairs, but also a part of the solution to poverty and social exclusion. Anti-poverty and development policies are more likely to be effective, sustainable, inclusive and equitable if they are the result of participatory processes. Participatory methods are important tools for empowerment, accountability and ending the cycle of deprivation and dependency in favour of the autonomy and social inclusion of persons living in poverty.

The objectives of the report are: 1) to map the obstacles that people living in poverty face in meaningful and effective participation in the design, implementation and evaluation of public policy and development interventions; 2) provide guidelines on how to increase the participation of persons living in poverty in domestic policies as well as in international development.
While participation is considered one of the key principles of a human rights-based approach to development and poverty reduction, little attention has been given to the practical elements required to ensure meaningful and effective participation of persons living in poverty. The report will seek to give more substantive content to normative frameworks and key principles, drawing lessons from existing participatory processes undertaken by States at different levels, including by local governments, in a whole range of areas, including public service delivery, social housing, development interventions, welfare programmes, social protection and budgetary processes.

The Special Rapporteur on extreme poverty and human rights, Magdalena SepĂșlveda, invites States, United Nations departments and agencies, national human rights institutions, civil society organizations, individuals living in poverty and social exclusion and other relevant stakeholders to send contributions to the report.
Please submit contributions electronically to the Office of the High Commissioner for Human Rights through at your earliest convenience and no later than 14 December 2012.
2) Police Arrest 165 Men in Latest Papua Tribal Clash
July 25, 2012
Police arrested 165 tribesmen from the village of Kwamki Lama in Mimika, Papua, on Wednesday, after yet another outbreak of violence between residents of three neighborhoods in the village.

A group of several hundred tribesmen from the kampungs (neighborhoods) of Amole and Karang Senang attacked residents of Harapan kampung on Wednesday morning, in retaliation for the deaths of two Karang Senang residents, Zainarius Mbisikmbo and Ike Mbisikmbo, Indonesian news portal reported on Wednesday. All three kampungs are located in Kwamki Lama.

Zainarius and Ike were killed by a group of men, believed to be Harapan residents, with arrows and machetes. Two other Karang Senang villagers, Frans Bagau and Obmi Mbisikmbo, were injured in the attack and remain hospitalized.

Violent conflict between Amole and Harapan has been going on for months. At least three people have died and dozens more been injured since June 6, when the last round of clashes was sparked by the death of a tribe member in a road accident. But the Wednesday morning clash was the first time Karang Senang got involved. Karang Senang tribesmen have denounced Harapan for dragging their tribe into the conflict by attacking four of its members.

The attack took place at about 7:30 a.m. on Wednesday. Four houses in Harapan kampung were set on fire by the attackers, most of whom carried bows and arrows.

Half an hour later, a joint Indonesian police and military force arrived at the village and dispersed the mobs, firing warning shots to do so.

Mimika Police official Comr. Albertus Andreana said 165 Harapan tribesmen were arrested and suspected of involvement in the attack on the four Karang Senang residents.

“We’re still handling the Karang Senang kampong attack,” Albertus said in Mimika on Wednesday, making a point of the distinction between this and the recurring conflicts between Amole and Harapan, which he described as “a separate case from the old conflicts in Kwamki Lama.”

“We’ve taken 165 people to question them,” Albertus said. He added that the other Harapan tribesmen involved, many of whom were armed, had fled into the jungle.

3) Papua Choir Was Stranded in China Too
July 25, 2012
Jayapura. The Cenderawasih University choir stranded in the United States earlier this month because of botched travel arrangements went through similar ordeals on previous trips to China, a top official has revealed. 

Festus Simbiak, the university rector, said on Tuesday that he would meet with the coordinators of the 49-member Gema Chandra choir to find out how the group became stranded in Cincinnati, Ohio, for nearly a week and had to rely on donations to make a cross-country bus trip to San Francisco to catch a flight home. 

“In previous years, the Cenderawasih University choir experienced the same problem during visits to China,” he said. 

Festus declined to say when the choir was stranded in China. 

The choir had gone to Cincinnati for the World Choir Games, but because of a delayed departure from Jakarta they only arrived there on July 14, shortly before the event’s closing ceremony. 

The group had little money and had not arranged transportation from Cincinnati to San Francisco to catch their flight home . 

Despite missing their scheduled opportunities to sing, the choir put on several impromptu performances in Cincinnati, where listeners donated money to help the members get home. 

Festus, who has repeatedly denied that the choir was neglected by Indonesian officials, praised the students for continuing to perform despite their situation. “What they did there was great, and they wowed the people there,” he said. 

4) Yudhoyono Orders AGO Probe Into 1965 ‘Serious Rights Violations’
Rangga Prakosa | July 25, 2012President Susilo Bambang Yudhoyono has ordered the attorney general to follow up on the National Commission on Human Rights’ recent report on human rights violations during the Indonesian government’s 1965-66 anti-communist purge.

The Commission, abbreviated as Komnas HAM, announced the findings of its four-year investigation on Monday, saying it had found evidence of serious human rights violations and crimes against humanity. The purge is reckoned to have killed more than half a million people.

“What Komnas HAM has reported will be studied by the attorney general, who is expected to report to me and other relevant parties. We want a good, just, factual, smart and constructive settlement,” Yudhoyono told a press conference at the Attorney General’s Office in Jakarta on Wednesday.

Yudhoyono said he would also consult with the People’s Consultative Assembly (MPR), the House of Representatives (DPR), the Regional Representatives Council (DPD) and the Supreme Court, among other institutions.

He said that he had studied the strategies that South Africa, Cambodia, Bosnia and other sites of gross human rights abuses had used to deal with their violent histories.

“We can pick whichever, in order to settle the historical issue justly. We have to think clearly, and be honest and objective about what happened in the past. We cannot distort history and facts,” the president said.

Speaking after the press conference, Attorney General Basrief Arief said he would “probe” the Komnas HAM findings, and promised to share the results of his investigation with the public.

“We call this kind of probe a ‘pre-prosecution.’ The investigation will decide whether or not there will be enough evidence [to bring the case to court],” Basrief explained.

Komnas HAM’s report cited incidents of murder, extermination, slavery, forced eviction, deprivation of freedom, torture, rape and other abuses.

The purge was catalyzed by an attempt to overthrow the country’s founding President Sukarno. In the immediate aftermath of the attempted coup, Maj. Gen. Suharto mobilized his force and effectively took control of the country. He would eventually become president and serve for more than 30 years.

“These acts were part of attacks launched against civilians according to the rulers’ policy,” Komnas HAM commissioner Nurkholis said.

Nurkholis declined to provide names, but did not hesitate to point fingers at the Command for the Restoration of Security and Public Order (Kopkamtib), the pervasive security network set up by Suharto following the 1965 coup attempt.

“The military officials who failed to prevent, stop or take action against human rights violations are responsible for the incident,” he said.

The Komnas HAM investigation team, which was established on June 1, 2008, and worked until April 30, 2012, questioned 349 witnesses who either heard about incidents during the violence or experienced it firsthand.

Komnas HAM attributed the length of the investigation to several factors, including the wide geographic area covered, budget constraints and the fact that many of the witnesses had died since the time of the events.

from Tapol
5) Yusak Pakage questioned by police for possessing a pocket knife
JUBI and Bintang Papua, 23 July 2012

Former political prisoner taken to police command post

The former political prisoner, Yusak Pakage, was taken to a police station in Jayapura for questioning after an incident that occurred while he was sitting in court, waiting for the  second hearing in the trial of Buchtar Tabuni on 23 July to begin.

The JUBI report says that, while sitting there, he was showing his anger [presumably feeling incensed at the fact that a man of Buchtar Tabuni's stature and reputation was facing charges in court].

[Note: Yusak Pakage was arrested together with Filep Karma in 2004 and sentenced to 15 years for unfurling a Morning Star Flag and was released a year ago.]

Feeling infuriated, he is said to have kicked a spittoon, the contents of which splashed the trousers of an official of the local administration who was sitting next to him. The official responded angrily and moved away, in the direction of some police officers who were present in court.

A police officer then approached Pakage and searched him and say that he was found to be in possession of a pocket knife. The police officer then grabbed him roughly and forced him into a police vehicle outside to take him in for questioning for carrying a sharp implement allegedly with the intention of stabbing someone.

The JUBI report makes it clear that he was not holding the knife in his hand at the time but the knife was found in his pocket when he was searched.

The Bintang Papua report identifies Yusak Pakage as the co-ordinator of the Papuan Street Parliament and in entitled 'Street Parliament co-ordinator could go back to prison'. It states that the local police chief said that he would be interrogated 'because his behaviour was seen as a threat to someone's security' and said that he could be charged under Emergency Regulation 12/1951 for posing a danger to another person's safety and could face up to five years.

Two reports summarised by TAPOL]

[COMMENT: This incident shows how  insecure  former political prisoners are in West Papua, even after having served their sentence.]

6) State's responsibility for health of mothers and children in Papua

State must be responsible for the health of mothers and children in Papua

JUBI, 24 July 2012

Lucia Erni, Co-ordinator for Health, HIV and Mothers and Chidren of the NGO Working Group, speaking on the occasion of National Childrens' Day, said that the state must take responsibility  for the health and well-being of mothers ans children in Papua. She regretted the decision by President Susilo Bambang Yudhoyono   to posstpone the celebration of National Childrens' Day till September. She said that has deeply hurt the feelings of all Indonesian children.

She went on to say that there has been no improvement in the conditions of children since the adoption of the Special Autonomy Law in 2001. 'Insofar as there have been any improvements these have only occurred in the towns. The vast majority of Papuan children dont live in he towns but in kampungsi n the interior.'

She said that children have the right to life, to be properly protected and the right to health. 'These rights exist from the time a child is in its mother's womb. They must be properly immunised,  have access to mother's milk. 'These things are indivisible,' she said.

She said that the Special Autonomy Law made ample provision for health; indeed the question of health was a key element of that law. She said that it was a matter of deep regret that the health sector in Papua is so seriously neglected. 'The government must take every measure to ensure that these funds are properly used and to ensure that they are not corrupted by officials who have no sense of responsibility towards the people.'

She said that it is a fact that many Papuan children do not yet enjoy the facilities they need for proper education and good health. 'The fact is that many Papuan children dont get the schooling they need  because there are no decent schools and the teachers are rarely present. 'This is probably because the money to pay their wages is not available and they are forced to go to the town to get paid. 'We really cannot blame them for this..'

[Translated by TAPOL
 7) Bishop wants Papuans to hold dialogue before any dialogue with Indonesia
Bintang Papua, 20 July, 2012

Mgr Leo Laba Ladjar , the Bishop of Jayapura, believes that the Papuan people should hold a dialogue between themselves before entering into dialogue with Indonesia. He acknowledged that this dialogue would be quite difficult. He was speaking during a meeting of all Catholic clerics with representatives of the police force to build a  partnership for security and order in Papua.

He said that Papuan people should sit together and discuss how to promote development in Papua.

Response to KNPB calls

In response to the desire of the KNPB - National Committee of West Papua for all its members to surrender to the police and to call on the Bishop to mediate,  he said that this was quite acceptable  as long as the organisation's intentions were genuine and it was not simply seeking to meet the Bishop which might cause people to suspect their intentions.

He described the KNPB as an organisation that has rejected all the programmes of the government such as Special Autonomy, UP4B and other things

'I have the impression that the KNPB refuses to listen to anyone. I would not want to listen to things that they are doing  at a time when they are becoming ever more determined and radical. I dont know how long the KNPB will continue to reject any improvements. Perhaps they are seeking to get something that they have not been able to get so far.'

[COMMENT: Perhaps what the Bishop descroibes as radical is the recent call by the KNPB for a referendum to be held in West Papua.]
8) Freeport Indonesia Offers Govt. 9 Percent Stake
Tuesday, 24 July, 2012 | 13:44 WIB
TEMPO InteractiveJakarta:Freeport McMoRan Copper & Gold Inc has offered a 9.36 percent stake in its Indonesia operations that run the world's second-biggest copper mine to the Southeast Asian country's government, a company spokesman said on Tuesday.

The Indonesian government already owns 9 percent of Freeport Indonesia.

"Freeport has offered 9.36 percent of other shares to the Indonesian government and the Indonesian government then offered it to the local Papua administration. The local government has shown its interest," said Freeport Indonesia spokesman Ramdani Sirait.

"However, Freeport McMoran sees an IPO as an option to divest the shares."

Freeport has previously said it was considering an IPO in Jakarta but has not given any indication of the size of any market offering. Analysts say an IPO may be a way to manage the impact of new foreign ownership rules in Indonesia.

Coordinating Minister for the Economy, Hatta Rajasa, insists that renegotiations with giant gold mining company PT Freeport Indonesia are heading in a good direction. Freeport is willing to implement the six renegotiation points that the government offered, ranging from royalty increase, area, smelter construction, divestment, to local component increase.

"Freeport even wants royalties in accordance with the regulations," Hatta said when met at his office, Monday, July 23. Amount of the royalties in question is in accordance with Government Regulation Number 45 Year 2003 which is a minimum royalty of 3.75 percent for mining companies.

From the divestment, the government asked Freeport to divest its shares as much as 51 percent, the same as that of PT Newmont Nusa Tenggara. Freeport is basically willing, but has not yet agreed on the figure. Similarly, for an initial public offering to the public in Indonesia or IPO. "They've agreed," said Hatta.

Although agreed, Freeport is in return asking for compensation, including relief on the tax entity which stands today at 35 percent. Freeport’s request is still being reviewed by the government.

The government targets the renegotiation with Freeport to be completed at the end of the year. The purpose is for the state to immediately receive larger revenues from royalties.

Renegotiation efforts by the government are to execute the mandate in Law Number 4 Year 2009 on Mineral and Coal. As a mining company that has been operating for decades in Indonesia, Freeport initially rejected this idea on the grounds of the sanctity of contracts. But the attitude of the company with a contract of work generation II in 1991 with the government softened and they agreed to sit down with the government to discuss each of points in the renegotiation in more detail. Reuters/ GUSTIDHA BUDIARTIE (TEMPO)

9) Former Supiori regent in Papua indicted for corruption

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Paper Edition | Page: 5
Former Supiori regent in Papua, Rev. Julius Mnusefer, was indicted at the Jayapura Corruption Court in Jayapura on Monday for his alleged involvement in corrupting Rp 13.9 billion (US$1,470,900) from the 2010 regional budget.

The trial was presided over by the chairman of the panel of judges Khairul Fuad, while the defendant was accompanied by his lawyer Habel Rumbiak.

The indictment was read by public prosecutor Riza Ramdani and Arnold Awom.

Based on the indictment, Mnusefer was said to have violated Article 2 and 3 of the law on corruption by misusing state money to enrich himself and others. He faces a prison sentence of up to four years.

The acts of corruption were said to have been carried out in 2010 when Mnusefer assumed his post as Supiori regent after being sworn in to replace regent Jules F Warikar, who was unable to continue his duty after he was sentenced to three years in jail for corruption. Warikar was involved in a corruption case involving the construction of infrastructure valued at Rp 36.58 billion in the regency between 2008 and 2010.

Warikar and Mnusefer were respectively the regent and deputy regent of Supior during the 2005-2010 period.

In his indictment, prosecutor Riza said that the Rp 13.6 billion funds were transferred from the central government to the regency administration’s account through the Biak branch of Bank Mandiri. In its development the funds were withdrawn in 22 transactions by Mnusefer, even though according to Home Minister Decree No. 59/2007, the funds should have been put in the regional cashier’s account at the Supiori branch of Bank Papua.

“The Biak branch of Bank Mandiri should have been used only to temporarily accommodate the fund before being transferred to Bank Papua in Supiori before being disbursed in line with the budget allocations. The problem was that the defendant withdrew the funds in cash for disbursement without any budget deliberation,” Riza said.

In the indictment, the funds were spent mostly to finance his candidacy for the regent election in Supiori for the 2011-2016 period. “The funds were used mostly for his political purposes,” Riza said.

Mnusefer, who was ill, was detained at the Biak penitentiary to attend the corruption trial. He was flown from Biak to Jayapura.

“I want that my client will be detained in Jayapura for the sake of efficiency and for his health, rather than forcing him to travel from Biak to Jayapura and vice versa to attend the trial,” Habel Rumbiak said.

Presiding judge Khairul said he would consider the request from the defendant’s lawyer.

The trial was adjourned until July 30, 2012, with an agenda of hearing the defendant’s statements.

10) TV Papua Network@ BT River of music festival London

The sound of West Papua was brought to the people of London at the official
pre-Olympic concert in Greenwich Park, London, July 21st 2012.

As part of David Bridie's Wantok Music Sing Sing, the flag of West Papua was
raised as George Telek was joined on stage by exiled musicians Mambesak and
independence leader Benny Wenda, as the crowds of British citizens in the crowd
sung along. 

The voice of West Papua will never be silenced and this will be the first of
many West Papua flagraisings to be held during the London 2012 Olympic Games,
all directed to bring the worlds attention towards the ongoing human rights
violations that Indonesia is committing against the Papuan population. 

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