Thursday, February 4, 2016

1) Warriors for West Papua: RL fights for freedom

2) After Snubbing Third Summons, Setya Questioned in Freeport Shakedown

3) Jokowi warned against inviting  military into politics -
6) German Diplomat Visits the LP3BH


1) Warriors for West Papua: RL fights for freedom

04 Feb 2016 ZACK WILSON

West Papua Warriors are set to make history this Friday, when they play a Nines game against the Philippines Admirals in the Sydney suburb of Cabramatta.
West Papua is the western half of the island of New Guinea, and it has been taken over by Indonesia.
In 1963, West Papua was taken over militarily by Indonesia and was illegally occupied.
In 1969, the 'Act of Free Choice' was held, which Indonesia insisted was a fair vote. In actual fact, 1,026 West Papuans were forced at gunpoint to vote for integration with Indonesia.
The UK and USA had strong links with Indonesia's right-wing dictator Suharto, and so did not intervene.
The largest gold mine in the world at the time, Freeport, is located in West Papua.
Since 1963, it is estimated that some half a million West Papuans have died at the hands of Indonesian occupying forces, some 25 per cent of the total Papuan population.
Flying the West Papuan Morning Star flag is considered an act of treason by the Indonesian government, punishable by prison, which makes the emergence of the Warriors rugby league team all the more significant.
The team will wear a kit emblazoned with this symbol of West Papuan freedom when they face the Philippines.
Funds were raised for the trip to Australia thanks to a Go Fund campaign.
The players come from Papua New Guinea, and many have roots in West Papua. The team has been sanctioned by the RLIF and the NSWRL, and this will be the first time anywhere in the world that a West Papua team has competed internationally.
Love Rugby League wishes the West Papua Warriors all the best for the future.

2) After Snubbing Third Summons, Setya Questioned in Freeport Shakedown
By : Jakarta Globe | on 3:39 PM February 04, 2016
Jakarta. Disgraced former House of Representative speaker Setya Novanto has finally fulfilled a summons from prosecutors after three times refusing to attend questioning in relation to an alleged $4 billion shakedown attempt of mining giant Freeport Indonesia.
Setya arrived at the Attorney General's Office headquarters in South Jakarta at 8 a.m. on Thursday (04/02) without being accompanied by any of his lawyers. The questioning was actually not scheduled by the AGO.
AGO deputy attorney general for special crimes Arminsyah said the Golkar politician was questioned in relation to a taped conversation between Setya, oilman Muhammad Riza Chalid and former president director of Freeport Indonesia, Maroef Sjamsuddin.
Setya was grilled for his part in an alleged plot between him and Riza to extort $4 billion in shares from Freeport Indonesia in exchange for helping the miner with its contract renegotiations.
“We estimate that the questionings will not finish today. There will be other summons,” Arminsyah said, as reported by
Setya previously refused three summons by the AGO, each time with different reasons: the case “does not fall under Setya's authority," it would lead to “political and security instability” and he was “physiologically sick."
Setya submitted his resignation as House speaker – though not as a legislator – on Dec. 16, 2015, just before the House Ethics Council was due to rule on his case. Fifteen of the 17 council members had already declared him guilty to some degree of an ethical violation, but his resignation preempted the handing down of a formal ruling.
Regardless of the lack of a definitive verdict in the ethics inquiry, the AGO has embarked on its own criminal investigation into the case.
The House's Commission III overseeing law affairs formed a working committee on the Freeport shakedown investigation on Wednesday.
The committee aimed to monitor the legal process against Setya and Riza, who has left the country and remains untouched by the AGO, the initiator and Democratic Party lawmaker Benny Harman said.

3) Jokowi warned against inviting  military into politics -
Nani Afrida, The Jakarta Post, Jakarta | National | Wed, February 03 2016, 5:05 PM - 

Human rights activists have criticized President Joko “Jokowi” Widodo for announcing that he would call on the Indonesian Military (TNI) to help the government stabilize the prices of staple foods.

Activists said the announcement could pave the way for the greater involvement of the TNI in civilian affairs, while the institution had yet to complete internal reforms to become more professional.

“The idea of involving the TNI in stabilizing food prices could be in violation of Law No. 34/2004 on the TNI. It could also compromise efforts to make the TNI a professional force,” Institute for Policy Research and Advocacy (ELSAM) researcher Wahyudi Djafar told The Jakarta Post in Jakarta on Tuesday.

Wahyudin said that by thinking that the TNI could solve the problem of food price instability, the President could not be aware of the function of the TNI, which was to protect the country’s sovereignty.

“Civilians should not force the TNI to get involved in civilian matters while the institution is undergoing reform. If the government wants to involve the TNI, it should be based on a political decision instead of tactical needs,” he said.

He said that as the first president with no military background, Jokowi should be more resolute in maintaining civilian supremacy over the military. 

“President Jokowi is the first civilian president that we have after the Reform Era. He should elevate civil supremacy and not depend on the TNI,” Wahyudi said.

Late last week, the President instructed leaders of the TNI and the National Police to help support the government’s priority development projects by, for example, helping with land acquisition to ensure the smooth start of projects.

Jokowi also called on the two institutions to help bring stability to staple food prices. 

“Also, [I also gave an instruction] about matters related to inflation and food prices. I have given orders [for the TNI and the police] to go to the field and see whether or not there are [price] differences or those playing tricks [to cheat on food prices or stock],” Jokowi said.

Jokowi also called on the two forces to help crack down on the rampant practice of charging illegal fees, especially in the distribution of basic foodstuff.

In recent years, the TNI has gradually expanded its influence in civilian life by signing agreements with ministries, allowing it to take on tasks such as distributing fertiliser and guarding prisons and public and private infrastructure.

Last year, the military signed a memorandum of understanding with the National Narcotics Agency (BNN) to help with the country’s war on drugs, a campaign that is being driven by the President, who has in the past ordered the execution of foreign drug convicts. Al-Araf, an activist with human rights watchdog Imparsial, said the involvement of the TNI in stabilizing food prices was inappropriate.

“The problem should be handled by the agriculture and trade ministries. If there is a ‘mafia’ or cartel that creates price instability, it should be the police that handle the case, not the TNI,” al-Araf said.

Meanwhile, TB Hasanuddin of House of Representative Commission I overseeing defense, foreign affairs and information, called on the government to review its plan to involve the TNI to stabilize food prices.

“Based on Article 7 of the 2004 TNI Law, there are 14 military tasks besides war, and stabilizing prices isn’t one of them,” TB Hasanuddin said.

He said there was also no regulation or procedure that would allow the TNI to monitor and stabilise food prices. - 

Jayapura, Jubi – Papuan legislator Laurenzus Kadepa accused the Indonesian Government of lacking ideas to solve problems in Papua.
As a result, authorities resorted to stigmatizing the resistance of civilians, including the Papua Free Movement, by branding them Security Disturbing Movements, separatists, armed groups and recently terrorists.
His statement was in response Security Minister Luhut Binsar Panjaitan’s statement in an online media who said the armed groups in Aceh and Papua were also included as terrorist network category in the draft of Terrorism bill established by the government.
“I see a new stigma because they loss their sense and idea to resolve the Papua problems. Now it comes the stigma of terrorist to follow the handling of the Law on Terrorism. Special Detachment 88 will certainly take action. Could it resolve the Papua problems?” Kadepa told Jubi via text message on Wednesday (3/2/2016).
According to him, which group they accused as the armed group? It must be explained in detail. In Papua, there are many armed groups with different motives. “There are some groups that actually fighting for Papuan independence, but there are also formed to counter the Free Papua, and some are fighting for another reasons. All have weapons. So which group in Papua they are putting in that category,” he said.
He is concerned about other way to be applied to criminalize the resistance of Papuans in demanding justice, the settlement of human rights violation in the past and present and some other things.
Quoted from online media, the Minister of Political, Legal and Defense Affairs Luhut Binsar Panjaitan said the indicator of terrorist group is not applicable and marginalizing the Muslim group. According to him, as quoted from RMOL, the armed groups in Papua and Aceh are also included in the terrorist network category by the government in the draft of Terrorism Bill.
“Do not think it would only applicable for Islam group, do not think it would only applicable for ISIS, but if in Papua or Aceh or in my hometown Batak land, there are groups who commit a danger for the country, they might be accused under the law,” Panjaitan said on Monday (1/2/2016).
According to him, the revision of draft Law No. 15/2003 on Combating Terrorism included the definition and criteria about terrorism. “We are not alone in drafting the Terrorism Bill. We involved the constitutional law experts and criminal law experts on the formulation of draft. (Arjuna Pademme/rom)


Jayapura, Jubi – The Papua Representative Council is trying to accommodate a request by Antonius Wamang, convicted for the Mimika shooting in 2002, to move him from Cipinang Prison in Jakarta to Abepura Prison in Jayapura.
The member of Comission I, Tan Wie Long, said the family visited the Commission I for Political, Legal and Human Rights Affairs on Tuesday around 11:00 Papua time to convey their request to move Wamang to Papua.
“We will attempt to help Wamang’s family to remove the prisoner to Papua. We will submit this request to the Chairman of Legislative Council to issue an official letter to relevant parties, such as the Ministry of Law and Human Rights and the Directorate General of Correction Department,” said Tan after meeting with Wamang’s family representative this week.

However, he said, certainly there are conditions that must be fulfilled related to the request, such as administrative conditions and so on. His family have obligation to fulfill it. Additionally, the family must submit an official letter to the relevant parties; including the Ministry of Law and Human Rights and the Directorate General of Correction Department. “We hope their request could be fulfilled, furthermore Antonius is currently getting old and distance from his family. We see this case from the humanitarian perspective. It could be a reference for the Ministry of Law and Human Rights and the Directorate General of Correction Department as well as other relevant parties to allow Antonius to complete his sentences in Papua,” he said.
Other legislator from Mimika electoral region, Wilhelmus Pigai said the Commission I would struggle for pardon or reduction of sentence against Wamang. One of the reasons is during the nine years sentences at Cipinang Prison, he is always good behaved.
“We have submitted the public investigation document to the Cipinang Prison and Ministry of Law and Human Rights. We hope it will get a response immediately. Wamang is an Indonesian citizen who has the same rights as other Indonesian citizens, including to get a pardon,” said Pigai sometimes ago.
On 21 August 2002, there was an attack on the convoy of the vehicles of Freeport’s employees. The Police stated the perpetrator used the type M-166, SSI and Mauser weapons. This attack murdered two American citizens, Ricky Lynn Spier (44 years old) and Leon Edwin Burgon (71 years old) and an Indonesian citizen Bambang Riwanto.
In July 2004, the Indonesian Police stated Antonius Wamang as the perpetrator. They claimed Wamang as one of commanders of West Papua Natioal Army/Free Papua Movement under the lead of the late Kelly Kwalik. Wamang and several others was arrested at Amole Hotel II, Kwamki Lama, MImika on Wednesday (11/1/2006) around 23:05 Papua time.
At the tribune held in the Jakarta State Court on 13 October 2006, Wamang and his six friends were convicted guilty. The Judge accused his act was categorized as severe human right violation. In addition, the Judge also considered him to complicate the tribunal process and never regretted his act.
The Court sentenced him with life imprisonment, and his two friends, Yulianus Deikme and Agustinus Anggaibak was charged with 15 years in prison. While
Yairus Kiwak, the Rev. Ishak Onawame, Esau Onawame and Hardi Sugumol was charged for eight years sentences. (Arjuna Pademme/rom)
6) German Diplomat Visits the LP3BH
Monday, 1st February, 2016.

  The Political Counsellor at the German Embassy in Jakarta, Dr.Jens Schuring, LL.M paid a vist to the LP3BH in Manokwari on Monday, 1st

   Dr Schuring met the Executive Director of the LP3BH, Yan Christian Warinussy, SH who was accompanied by members of the staff of the
LP3BH, lawyers Semuel Harun Yansenem and  Simon Banundi. The meeting lasted about one hour. At the meeting, the German
Political Counsellor asked a number of questions about the situation of the rule of law and protection and respect for basic human rights
in Manokwari and throughout the provinces of Papua and West Papua.

   He also asked a number of  questions about impunity which is still a serious issue in Papua and West Papua where many officers of the
Security Forces from the Indonesian army and Polri, the Police Force are based. He said that he was concerned about reports that members of
the security forces were believed to have used force in violation of basic human rights against civilians but such cases had not been dealt
with in accordance with the law.

   Several written reports were given to Dr Schuring by the representatives of the LP3BH about the rule of law  and basic human
rights throughout the Land of Papua, especially in Manokwari and the Province of Papua and the Province of West Papua. These reports were
handed over by Yan Christian Warinussy, the Executive Directive of the
Institute. Dr Schuring asked many questions about the relations between  the various religious communities in Manokwari and West Papua generally.
Members of the Institute  told the German diplomat that many actions and protests had been organised by  the leaderships of Christian 
religious communities about the building of places of worship in violation of legal procedures and other provisions which are in force
throughout the Republic of Indonesia.   The political situation and the security situation in the Land of Papua was also a topic of discussion between 
the German visitor and members of the Institute.

   The LP3BH members also described the political struggle being waged by the Indigenous Papuan People as represented by the United
Liberation Movement for West Papua  (ULMWP) which had recently been accepted with observer status by the Melanesian Spearhead Group. They
also told the German diplomat that these problems had also been raised in the Communique issued after the recent meeting of the Pacific
Islands Forum.

   The members of the Institute also told the German diplomat about what had happened at the recent meetings of these two organisations,
saying that the situation and conditions were extremely serious, so much so that they should have been dealt with by representatives of
the government of the Republic of Indonesia. Moreover, they said that President Joko Widodo himself should take action to seek a peaceful
solution of all these problems in compliance with democratic standards and universal principles.

   Prior to his meeting with members of the LP3BH, Dr Schuring met the head of the regency of Manokwari, Dr Bastian Salably,
S.Th.MA.M.Th, and members of his staff as well as  the chairman of KADIN (a lawyers organisation) James Tarred and the Chief of Police
in Manokwari.  On Tuesday, 2nd February, the German diplomat visited Jayapura.
Yan Christian Warinussy, Executive Director of the Institute of
Research, Analysis and Development of Aid (LP3BH), Defender of Human
Rights in the Land of Papua.
[Translated by Carmel Budiardjo, Recipient of the Right Livelihood Award, 1995.]

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