Wednesday, June 22, 2016

1) UN Special Rapporteur Speaks Out against Restrictions to Free Speech in Papua


2) The Procedural Problems will be Resolved Before the MSG Leaders’ Meeting : ULMWP

3) Papua Police to Issue Rules on Demonstrations 

4) Minister’s Integrated Team Provides No Room for Victims

5) Freeport Accused of Obstructing Jobs for Ex-Contract Workers  

6) As Natives Getting Marginalised, Papua Needs Population Control

7) Papua Civil Servants Have Undefined Job Descriptions


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1) UN Special Rapporteur Speaks Out against Restrictions to Free Speech in Papua
20 June 2016

UN Special Rapporteur on the right to freedom of peaceful assembly and association, Maina Kiai – UN
Jayapura, Jubi – UN Special Rapporteur on the right to freedom of peaceful assembly and association, Maina Kai, highlighted the issue of Papua in his report to the UN Human Rights Council in Geneva, Switzerland on Friday (17/6/2016).
In the 32nd session of the UN Human Rights Council Plenary, he reported what was occurring in Papua is a phenomenon which has connection with cultural fundamentalism and nationalism.
He spoke of the domination of a particular culture, a particular language and even a particular tradition which is claimed superior than others.

“My report documented about the phenomenon occurring in China that restricts the rights of assembly and association of Tibetans and Uighurs; in Indonesia against the West Papuans and in other places such as India and Mauritania against the individuals considered a lower caste,” said Kiai in his report in the plenary.
He also mentioned about the significant rise of fundamentalism in the last few years, as seen in the rising popularity of many right-wing political parties, in particular in Austria, Denmark, Hungary and Switzerland.
“The fundamentalism cases initially may look different, but it has the same interest. In each case, the superiority has triggered the process of dehumanization or delegitimizing of particular groups. Gradually, these groups would lose their humanity and rights. This process can lead to devastating consequences, because history has proved it many times,” said Kiai in his report.
In addition to the report of the UN Special Rapporteur, the civil society group who concerned about Papua issue also reported the restriction of freedom of expression in Papua. Franciscans International. VIVAT International, International Coalition for West Papua, West Papua Nezwerk, Tapol, and Minority Rights Groups International, Geneva for Human Rights and The World Council of Churches urged the UN Human Rights Council for asking the Government of Indonesia to conduct investigation on the arbitrary arrests in Papua and other places. The Government of Indonesia was asked to guarantee the rights of freedom of expression, and freedom of assembly and association for Papuans.
“We also ask the UN Human Rights Council to urge the Government of Indonesia to open the access on Papua for the international community and set a date for the UN Special Rapporteur on the Freedom of Expression an allow other mandate holders to visit Papua,” said Budi Cahyono, the Coordinator for Asia Pacific Franciscans International Program in Geneva to Jubi through email on Sunday (19/6/2016). (Victor Mambor)

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2) The Procedural Problems will be Resolved Before the MSG Leaders’ Meeting : ULMWP
22 June 2016
Jayapura, Jubi – The Melanesian Spearhead Group (MSG) held its Senior Officials’ Meeting (SOM) and its Foreign Ministers’ Meeting (FMM) between 14 and 16 June 2016 in Lautoka, Republic of Fiji Islands. It was the first time that a delegation of the United Liberation Movement for West Papua (ULMWP) was able to attend both meetings officially, after having received an invitation from the Secretariat of the MSG.
Mr. Benny Wenda, the ULMWP spokesperson, has expressed deep appreciation on behalf of his organization for this privilege, which was made possible by the MSG’s June 2015 decision to grant observer status to the ULMWP. At present, the MSG is a regional organization of five Melanesian member states – Fiji, Vanuatu, Papua New Guinea, the Solomon Islands and Kanaky/New Caledonia. Mr. Wenda further stated that ever since 2013, when the MSG first gave its full support of the inalienable right of the West Papuan people to self-determination as provided for under the preamble of the MSG Constitution, the issue of West Papua has featured prominently on the agenda of the MSG. He called this prominence a clear sign that the fate of their Melanesian brothers and sisters in West Papua is of great importance to the leaders and peoples of the MSG countries. The observer status accorded the ULMWP is also a recognition of the organization as the legitimate representative of the people of West Papua and their liberation struggle against Indonesia’s continuing colonial rule.

After gaining observer status last year, the ULMWP applied for full MSG membership and hoped that a decision would be reached at the just-concluded June MSG meetings. Due to technical and legal constraints, however, the decision was deferred. ULMWP Head of Delegation, Mr. Rex Rumakiek, stated that the ULMWP was not at all discouraged. The ULMWP is certain these procedural problems will be resolved before the mid-July MSG Leaders’ Meeting in the Solomon Islands. Mr. Octo Mote, Secretary General of the ULMWPstated that his organization had full trust in the MSG and in the MSG’s founding commitment to be, above an organization promoting and protecting the political, social, cultural and economic interests of Melanesian peoples throughout Melanesia.
Secretary General Mote also said his organization and all West Papuans very much welcomed the MSG’s granting to ULMWP the opportunity to sit at the same table at the June meetings with Indonesian officials. For the first time, West Papuan delegates sat as equals with Indonesia in an official international decision-making body, and a de facto recognition of the momentum both inside West Papua and internationally of the West Papuan demand for self-determination. Mr. Mote stated that it was important that both parties had a chance to listen – and to be listened to – with understanding and respect. The ULMWP believes that a negotiation process between the ULMWP and the Indonesian government mediated by a strong neutral third party or parties could lead to an amicable solution to the injustice, oppression and colonialism and the lack of self-determination that West Papuans still face. (*)
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3) Papua Police to Issue Rules on Demonstrations 

21 June 2016

Wamena, Jubi – Papua Police would issue rules on public expressions in a move that many fear will curtail free speech.
Papua Police Chief Inspector General Paulus Waterpauw said everyone has right to express their opinion in public, but for such groups such as KNPB, PRD who advocate for separatism, there are legal consequences.
“We will specially record those who are against the legitimate government. There will be legal consequences and it is regulated in the Criminal Code,” he said in Wamena, Jayawijaya Regency on Friday (17/6/2016).
He said those who conduct a demonstration on the issue of separation from the Republic of Indonesia could be charged with treason and would be on a police criminal record if convicted.
He explained if someone has convicted of crime, they would have the police criminal record. For students who want to continue their study, the record would be attached with them. It’s also applied to the graduates apply for a job; this record would prevent them in the future.
He also asked to the regents in Papua to identify the pupils and students funded or financially supported by government.
“They shouldn’t get involved that finally made them trap in the situation that ultimately harm themselves,” he said.
In response the chief, Papuan political prisoner Philep Karma said this notice would merely to rise the number of political prisoners in Papua, because many activists and indigenous Papuans, in particular KNPB who conduct the protest demanding the truth of Papuan history to the self-determination.
“The more political prisoners, the issue of Papua will increasingly global. It means the president would feel more complicated, isn’t he?” he said to Jubi on Monday (20/6/2016).
On the last few days, the demonstration was flaring in Papua, whether held by West Papua National Committee in Jayapura on 3 May 2016 and 15 June 2016 respectively or White-Flag National Group in Wamena in last month and Thursday (16/6/2016) or the National Front (BARA NKRI) in the early June. It seems they are competing against each other.
The Coordinating Minister of Politic, Legal and Security Affairs Luhut Binsar Pandjaitan considered the demonstration is the citizens’ constitutional rights and there’s no problem as long as it is according to the Law and not anarchistic.
“But if it breaks the Law, off course there is a legal consequence, and should be considered,” he told reporters after meeting with Jayawijaya leaders in Wamena on Friday (17/6/2016). He also asked to Papua Police Chief to review the permit for demonstration, because everything has consequences.
“Governor also must form a regulation related to the demonstration, for example, in Jakarta the demonstration was allowed to conduct from six in the morning to six in the afternoon. Secondly, it could be done at particular places and not allowed for violating the rights of other people,” he said. (Islami Adisubrata/rom)
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4) Minister’s Integrated Team Provides No Room for Victims
21 June 2016

Wamena, Jubi – The government’s attempt to resolve alleged human rights violations through an integrated team formed under the Coordinating Minister of Political, Legal and Security Affairs must involve relevant parties.
Papuan human rights activist Teo Hesegem who was involved in the investigation team for human rights violations representing the Central Highlands said human rights violations in Papua must be resolved but community representatives such as KNPB, Customary Law Council, as well as OPM must be involved to allow their opinions heard.
“The victims should also deliver their aspirations as well as their families. They have rights to say several things to the minister, but the space has never been existed,” he said on Monday (20/6/2016).

“So, it should be raised from the victims about how to solve this human rights violation. So, this meeting actually could provide more times or wider space to each components. If KNPB, Customary Council or even OPM have chance to speak, if we were not involving them into this attempt we would be in deadlock,” said Hesegem in responding the meeting between the Minister of Political, Legal and Security Affairs with Jayawijaya leaders at the Regent Office on Friday (17/6/2016).
In this meeting, Minister Luhut Binsar Panjaitan admitted about rejection against his investigation team. But it was only few people. According to him, the team is consisting of the Chairman of both National and Provincial Human Rights Commission and several human rights commissionaires.
“I can tell everyone can look on the existing document, while the journalists also could be included in this team, so that this could be well settled, but better come with data not rumors. What we wanted is no group to from independent team to investigate us,” he said in Wamena, Jayawijaya.
He admitted so far the current process is collecting the data, because from the meeting in Jayawijaya it founded many police officers and military personnel have become the victims, therefore he considered it is not fair if the problem was only solved for the civilians.
On the same occasion, Papua Police Chief Inspector Paulus Waterpauw explained the cases of severe human rights violation that become their focus are the cases of Wamena, Wasior and Paniai. National Human Rights Commission and General Attorney would handle all cases.
“Yesterday the human rights observers that we brought to Jakarta, about 12 persons directly visited to the General Attorney and National Human Rights Commission to make direct endorsement to each leaders. Hopefully, with the seriousness and endorsement from our government in Papua, the human rights observers could accelerate the settlements of human rights cases in Papua, which we are targeting to solve the three mentioned cases,” said Waterpauw.
Earlier the minister’s visit, the Chairman of Papua Legislative Council Yunus Wonda has doubted the minister’s investigation team in solving the human rights violations in Papua. Because he thought this team is not independent.
“Though the government’s team has data, but I am not sure if any countries could trust on it,” he said.
He expected the resolution of human rights issues is carried out by an institution that supposed to work for it, namely National Human Rights Commission.
At the beginning of the establishment of this integrated team, Papua Governor Lukas Enembe expressed his disappointment towards this attempt by the Coordinating Minister of Political, Legal and Security Affairs because it still argued about the criteria and definition of human rights violations.
“If it’s still arguing about the criteria and definition, it’s better giving back to Papua, so it could be resolved by the customary law,” he said after the closed meeting in the last April with the Coordination Minister of Political, Legal and Security Affairs along with the Chairman of Papua Legislative Council and Chairman of Papua People’s Assembly. (Islami Adisubrata/rom)
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5) Freeport Accused of Obstructing Jobs for Ex-Contract Workers  

21 June 2016

Jayapura, Jubi – PT Freeport Indonesia has been accused of making it difficult for 125 former workers to gain employment elsewhere after its sub-contractor PT Redpath unilaterally terminated their contracts.
Working Committee Chairman on the Redpath case of the Papua Legislative Council Wilhelmus Pigai said Freeport’s Senior Vice President Underground and Senior Vice President Contracting allegedly slandered the ex-workers by sending email and photographs to all company divisions as well as subcontractor companies urging them not to recruit them, labelling them agitators.
“Email was sent after 125 workers were fired by PT. Redpath in the last mid-year. The termination of contract was the impact of a strike involving 500 workers who demanded their bonuses be paid after working while thousands of Freeport’s workers were on the strike in the late 2014,” said Pigai to Jubi on Monday (20/6/2016).
According to him, the action taken by two Freeport’s senior officers CZ and GAB could be categorized as defamation. Representative of ex-workers has reported the case to the police by November 2015. He wanted the local police to process the report.
“There is two points needs to be confirmed, the report to the police and resolution of termination of contract by PT. Redpath. It must be solved immediately.  Alleged defamation against the ex-workers could be categorized as crime,” he said.
He further said many parties have tried to mediate the conflict between PT. Redpath and the workers whose contract was terminated but nothing’s achieved. In fact, the working committee has delivered this issue to the Directorate General of Industrial Relations and Employment Social Protection of the Indonesian Ministry of Manpower in Jakarta.
“In a letter from the Legal Director of PT. Redpath Kemasjah Siregar to Mimika Regent, he said the workers’ strike demanding the bonus was not right, while it was illegal as well. So, we pushed this problem to be solved according to the Law No.2/2014 on the Settlement of Industrial Relations Dispute,” he said.
Meanwhile the Working Committee Chairman Deputy Decky Nawipa said the workers were demanding their rights when they were on the strike. They have worked on the company’s demand. “The company seems have not good intention. So, the government must act to not let the company behaves haphazardly,” said Nawipa. (Arjuna Pademme/rom)
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6) As Natives Getting Marginalised, Papua Needs Population Control

22 June 2016

Jayapura, Jubi – Chairman Deputy of Commission V of Papua Legislative Council Nioulen Kotouki said rapid inflows of newcomers to Papua have marginalized indigenous people.
It’s the time for local governments in Papua Province to seriously pay attention in controlling the population, Kotouki said.
Kotouki, who is also a PKS politician, said currently the space for indigenous Papuans is narrower. Currently migrants are dominating many sectors in Papua.
“One of the actions that can be done by the regional governments is to hold regular operations in the public areas, particularly in the seaports and airports, and in residential areas if necessary,” Katouki told Jubi on Tuesday (21/6/2016).
According to him, the control over population is not merely to protect the indigenous Papuans, but to prevent many radical groups and organizations to entry troubling the people in Papua. “There is Provincial Regulation on population control, but so far its implementation wasn’t optimal. The related office should be able to implement this regulation,” he said.
He also criticized about the fact of migrants who already had Papua ID card though they have not yet in Papua. “We have such a report, that the persons are not in Papua, but they already had the ID card,” he said.
The Commission V member Natan Pahabol similarly said the regional regulation governed the population control in Papua is Provincial Regulation No. 11/2013.
“However, until now it is not well implemented by related offices, in particular at the regional and municipal levels. We hope the government –both provincial and regional and municipal could take it seriously,” said Pahabol.
According to him, the more and more people come to Papua; it grows the burden for the regional government, particularly in the field of public services, health and education, and so on.
On an occasion, the Head of Papua Population Office Yan Piet Rawar said the Papua Provincial has Provincial Regulation No. 11/2013 on population control. (Arjuna Pdemme/rom)
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7) Papua Civil Servants Have Undefined Job Descriptions

22 June 2016

Jayapura, Jubi – Many civil servants in Papua province have unclear tasks, so control over the employees is needed, said Papua Assistant Secretary for Public Affairs Elysa Auri in Jayapura on Tuesday (21/6/2016).
Of 7000 civil servants of provincial government, only 5000 employees have clear tasks, while the rest have unclear roles.
“2000 employees are not having clear job descriptions, they just come and sit, sign their attendance and go home. So, in line of organization restructuring, we are temporarily not accepting the transfer of civil servants from regional and municipal goverments,” said Auri while leading the morning gathering at Otonom Kotaraja square.
To materialize it, said Auri, he formed a team which its task to improve the discipline among employees while doing their job at their offices.  “To each Head Office, I also expect them to direct their staffs. If the employees were absent, it is fine to question the echelon III or IV, or come to the staffs’ house to ask their problem if necessary, so it could motivate the staffs to come to the office to do their tasks,” he said.
He said Papua Province is now getting the audit report without exception from BPK-RI (Audit Board of the Republic of Indonesia), while those who work hard for this award are the employees, but in reality the personnel managerial is still need to be improved.
“I also coordinated with the finance body, it is related to some employees that already passed away but their salaries are still being paid. It indicates that our system is still weak, so the correction is needed,” said Auri. He added in the future he targeted the improvement of personnel managerial would be completed in 2017. Therefore the system would be run more effective, efficient and economically to provide better government service and good development to the community. Earlier, Papua Provincial Government was talking about the handover of employees and assets from regional government that is planning to be done within next year. It is in accordance to the Law No. 24/2014 about Regional Government.
It’s written in the article 404 of Law 24/2014 that the handover of personnel, facilities and infrastructures, funding and documents as a consequence of task division between the central, provincial, municipal and regional governments that regulated in the law must no longer than two years since the legal product has been legitimated.
“Today we had a meeting with the provincial offices directed by Assistant Secretary for Government Affairs to discuss about the responsibility and handover of personnel from regency to province, province to regency or province to the central,” said the Head of Finance and Regional Asset Management of Papua Province Benyamin Arisoy. (Alexander Loen/rom)
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