Thursday, January 23, 2014

1) West Papuans face long jail terms for raising banned morning star flag

1) West Papuans face long jail terms for raising banned morning star flag
2) Freeport to Negotiate with Government
3) Access to West Papua and human rights abuses raised in EU Parliament hearing
4) Papua is a mirror of Indonesian Democracy

1) West Papuans face long jail terms for raising banned morning star flag
Thursday 23 January 2014 
Six men were arrested at a flag-raising ceremony on 1 May 2013, the 50th anniversary of Indonesia’s annexation of West Papua
Five West Papuan men are facing 15 years or more in jail for raising the banned morning star flag, while a sixth man has been deemed unfit to face trial after being beaten by security forces so badly that he now has mental health issues, according to the group’s lawyer.
In Biak, a small island off the northern coast of West Papua, the public prosecutor has recommended Oktovianus Warnares, 41, receive 18 years in prison while his co-accused George Simyapen, 49, Yoseph Arwakon, 40, Jantje Wamaer 40, and Markus Sawias, 20, are each facing 15 years.
The trial of a sixth man, Yohanes Boseren, 20, has been suspended because the defendant is suffering from mental health problems after being beaten by Indonesian security forces, according to West Papuan human rights lawyer Gustaf Kawer, who is representing the group.
The men were arrested after the Indonesian police and military opened fire into a crowd of people gathered for a flag-raising ceremony on 1 May 2013, the 50th anniversary of Indonesia’s annexation of West Papua, Kawer said.
“The defendants were holding a protest and security forces responded violently by shooting, beating and torturing them,” he said.
“The sentence demanded by the prosecutor is totally over the top.”
The chief of police in Biak did not respond to numerous requests for comment.
Esther Cann, campaign co-ordinator for the UK-based advocacy group Tapol, which has been closely following the case, called the proposed sentences against the five men “draconian”. She said the situation facing Boseren was particularly shocking.
“Yohanes was beaten up so badly on arrest, including blows to the head, that he developed a sort of mental illness, and just isn’t really present,” Cann said.
“The court eventually begrudgingly concluded that his trial be suspended, but he’s not being given anything like adequate treatment. He’s taken to hospital for a couple of days, probably sedated, and then is now back in prison again.
“We’re very concerned about that and we think he should be released immediately – as should the other detainees,” she said.
The defence in the trial of the five men will begin its case in Biak court today.
Meanwhile, the high-profile West Papuan political prisoner Filep Karma, who has served nine years of a 15-year sentence, also for raising the morning star flag, has called on Australians to lobby the Abbott government to change its policies on West Papua.
In a video interview with Izzy Brown, from the West Papua Freedom Flotilla, Karma said Australia’s decision in September last year to deport a group of West Papuan asylum seekers to Papua New Guinea without hearing their legitimate claims for asylum had been “hurtful”.
“Australia is the closest neighbour, so why did its government do this to us?”
“I hope that every Australian shows their support for West Papua, by pressuring the Australian government to amend its policies towards West Papuans,” he said.

THURSDAY, 23 JANUARY, 2014 | 15:04 WIB
2) Freeport to Negotiate with Government
TEMPO.COArizona - American mining company, Freeport McMoran Copper & Gold Inc, stated that it would fight for its right in Indonesia following the enactment of a new mineral export tax. Freeport CEO Richard Adkerson said he was optimistic to resolve the misunderstanding with the government outside without involving the international arbitration.
"We have a strong desire not to go to international arbitration. The much more attractive course of action would be … to find a mutually agreeable resolution to it with the government," he said, as quoted from Reuters today.
Adkerson also said that the enactment of the new regulation has violated the contract between the company and Indonesian government signed in 1991. In the contract, it is mentioned that the company would not be subjected to any new taxes or fees.
Freeport said the government is currently halting its approval of the company’s export this year. The condition would cause Freeport to postpone the production of 40 4 killed in train incidentmillion pounds of copper and 80,000 ounces of gold a month until the issue was resolved.
However, Freeport has not provided detailed information about how much it costs the company due to the export delay. It has guaranteed that it was in intensive communication with the customers.
Adkerson said he would not speculate on the loss because he is confident to find a resolution with the government.

A joint release by the International Coalition for Papua (ICP), Tapol, the Alliance of Independent Journalists (AJI) - Jayapura and National Papua Solidarity (NAPAS)

3) Access to West Papua and human rights abuses raised in EU Parliament hearing
(Brussels, London, Jakarta, January 23, 2014) Today the human rights subcommittee of the EU parliament in Brussels held a hearing on human rights abuses in West Papua, Indonesia on Thursday, January 23, 2014.
During the one hour meeting, the chair of the hearing gave an overview of human rights reports they had received in preparation for the meeting. A large group of national and international human rights NGOs had sent letters to the subcommittee’s members.
Victor Mambor from the Alliance of Independent Journalists (AJI) – Jayapura, listed cases of attacks against journalists in Papua and called on the EU to ensure the protection of media freedom in Papua.
“There are still double standards in Papua and Indonesia when it comes to media freedom and the application of the press law,” Mambor explained. AJI had documented 22 cases of threats and violence against journalists in Papua in 2013.
Members of the European Parliament stressed that the situation in West Papua had too long been ignored in discussions and called for closer involvement.
Earlier this week, the EU parliaments committee on foreign affairs adopted a report to prepare a partnership and cooperation agreement between Indonesia and the EU. Member of the European Parliament Anamaria Gomes emphasized that this agreement should be the framework for the parliament to look further into the conditions in West Papua.
Norman Voss, from Human Rights and Peace for Papua, an international coalition of faith-based and civil society organizations (ICP), called for the release of all political prisoners in Papua and reminded of the long outstanding visit of UN human rights mechanisms to Papua. “Papua needs to be opened up and international human rights norms be realised for Papuans. A peaceful and sustainable change cannot be expected in a climate of fear and repression of political dissent.”
In June 2013, the UN Human Rights Committee in Geneva reviewed Indonesia’s implementation of civil and political rights and urged Indonesia to lift the restrictions on freedom of expression and opinion in Papua.
Zely Ariane from the National Papua Solidarity in Jakarta explained that “the Indonesian government should admit that the state of human rights in Papua is serious.” She called on the EU to put pressure on the Indonesian government to continue their commitment to conduct a dialogue with Papua.

4) Papua is a mirror of Indonesian Democracy

This is a statement made by Zely Ariane, Coordinator for National Papua
Solidarity (NAPAS), in a hearing on situation in West Papua organised by
Subcommittee on Human Rights of European Parliament, in Brussels 23rd January

I speak on behalf of Indonesian civil society living outside Papua, who are
very much disappointed for Indonesian government’s approach to Papua. I have
to say to our Indonesian government’s representative here that we cannot fool
ourselves any longer for the state of human rights violation in Papua. I have
to ask DROI committee of European Parliament for your attention of the
situation in Papua.

Democratization in Indonesia is praised by the world. But we should know that
after 15 years of Indonesian reform, there is no fundamental change on
approach by the government to deal with the Papuan issues, especially on civil
and political rights. Military deployment and repression coined during the
Suharto dictatorship in order to crush pro independence groups and to secure
corporate power is continuing without real civilian control. A peaceful
dialogue as a mean to negotiate and find a solution and compromise, as
proclaimed by President Yudhoyono in 2010 and proposed by many stakeholders in
Papua, is less and less popular within Jakarta’s administration.

For Jakarta, dealing with injustice and poverty in Papua is to eradicate,
often arbitrarily labelled pro independence groups and dividing civil society
through intelligence operations, dividing administrative regions against the
law and the consent of the Papuan people, and pouring in money that spurs
corruption and benefits mostly elites and transmigrants. Jakarta’s approach to
Papua so far is widely considered as having failed due to its lack of
participatory design and the focus on elitist economic than rights aspects.

Jakarta’s approach to Papua today has failed and shouldn’t be continued. The
approach is closely tied to the old development paradigm of seeing Papua
people as “enemy” rather than family. Do not merely blame Papuan elites for
the failure of development. There’s also need to evaluate the policies itself
and the way central government seeing Papua.
The implementation of special autonomy law (No.21/2001) and the division of
the Papuan Provinces through Presidential decree no.1/2003 have worsened the
Papua-Jakarta relations. Without any participatory evaluation of the current
policies, the government has formed the Unit for the Acceleration of
Development in Papua and West Papua (UP4B) in 2011 and later agreed to the
suggestion of Lucas Enembe, Papua governor, to special autonomy plus (2013)
which merely means the expansion of the governors’ authority. Democratic
rights and participation are lacking in this process.
Until today Papua comprises the resource richest provinces but shows the
highest poverty rates and the lowest Human Development Index (HDI) of the
country. Jakarta claims that addressing the economic problem through
infrastructure, health and education sector development would sufficiently
address the grievances of Papuans. However the uncontrolled inflow of
development project funds in the widely military controlled province has only
spurred corruption and widened the gap between rich and poor.
All eyes are on Eastern part of Indonesia nowadays, and Papua is the star.
More investments are expected to go there through the latest economic
investment scheme, the Master plan for Acceleration and Expansion of
Indonesia's Economic Development (MP3EI). The European Union as Indonesia’s
4th largest trading partner after Japan, China and Singapore and as the second
largest investor in the Indonesian economy is likely one of them.

We need to push Indonesian government to have more political openness.
Openness in market economy should be followed by openness in political
approach to conflict. Dialog is still very much relevant, since it’s never
started. EU support and pressure for dialog is important. And in the mean
times military deployment should be evaluated and monitored, special UN
repertoire should be able to pay visit, human rights defenders and journalists
should be protected, political prisoners should be freed—and ones who got very
sick and mentally ill are priority—and the rights to assemble and organize
protest action should be guaranteed.

A solution to the conflict and violations in Papua can only be sustainable if
it is drafted in consultation with the majority of the people, civil society
organizations, religious and indigenous groups and leaders, legal provincial
bodies such MRP and DPRP.
Jakarta is in a position of no or low interest to the proposed Jakarta-Papua
dialog for two reasons: the framework of 'NKRI (Indonesian Unity) not being
negotiable' and an increasing climate hostile to human rights highlighted by
the absence of fair investigation and trial to any human rights violations
cases. Wamena and Wasior human rights violation are two examples of
investigated cases of gross human rights violation by National Human Rights
Commission but is in a deadlock with the Attorney General.
These are indicators to see the possible change of approach by the central
government to Papua. Even though President Yudhoyono has in the past promised
his support for a dialogue, these statements have so far not substantiated to
a process that Papuans see a progressing.A growing international concern for
the situation in Papua was voiced at the Universal Periodic Report (UPR) in
2012, and from the Pacific nations through the Melanesian Spearhead Groups
It is therefore important to continue encouraging the central government side
to honour its commitments and to show a visible progress in resolving the
conflict peacefully in light of the upcoming national elections between April
and August 2014.

An end to human rights violations are the pre-condition to a peaceful and
sustainable end of the conflict in Papua that continues to cause the suffering
of civilians.

The Human Rights situation in West Papua, Republic of Indonesia

Thursday, 23 January 2014
11.15 - 12.30
Room: ASP 3 G 2

Draft Programme

Introductory remarks by Barbara Lochbihler, Chair of the Subcommittee on Human

Guest speakers:
Ms Zely Ariane, National Papua Solidarity, Jakarta
Mr Norman Voß, The International Coalition for Papua (ICP)
Mr Victor Mambor, Alliance of Independent Journalists, West Papua

Comments by :

Mr. Morgan Mc Swiney, EEAS representative
H.E. Mr Arif Havas Oegroseno, Ambassador of the Republic of Indonesia to the
to the EU

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