5) Macron to be told: 2021 New Caledonia referendum is not valid
West Papuans and their supporters say they have been “let down” by Melanesian Spearhead Group (MSG) leaders over a decision not to admit the United Liberation Movement of West Papua (ULMWP) as a full member at its August 23–25 summit in Vanuatu’s capital, Port Vila.
Australia West Papua Association spokesperson Joe Collins said: “Over the last few months in West Papua, the grassroots [movements] have taken to the streets calling on the MSG to grant full membership to the ULMWP.
“Many were arrested, beaten, tortured and jailed as they rallied peacefully in calling on the MSG to support them.
“It is tragic that the MSG did not respond to their call. Do the MSG leaders not read the reports of the ongoing human rights abuses in West Papua?”
The AWPA pointed to two recent reports on Indonesia’s human rights abuses in occupied West Papua. The first was published by the PNG Trust, and features in Paradise Bombed, a video produced by social media commentators, “friendlyjordies”.
The second is a Human Rights Monitor report, Destroy them first … discuss human rights later, which exposes Indonesian military attacks on Indigenous villages in West Papua
West Papua supporters, human rights and anti-corruption campaigners are also concerned that Indonesia may be leveraging influence with Pacific Island leaders over West Papua (including the ULMWP’s membership bid) via funding deals.
“Surely with all the aid flowing to Pacific countries, it’s not simply a case of ‘follow the money’?” asked Collins.
Collins pointed to a report in Vanuatu’s Daily Post, which said that while Vanuatu Free West Papua Association was lobbying the prime ministers of the MSG to approve the ULMWP’s application for full MSG membership, “a top Vanuatu Government official allegedly travelled to Jakarta to negotiate a reported VT300 million to fund the VIP Lounge of Port Vila International Airport and fund humanitarian aid”.
“When the Indonesian delegation walked out of the summit as [ULMWP President] Benny Wenda prepared to speak, it was not only an insult to West Papua but to the MSG leaders as well,” Collins said.
“The leaders should have granted full membership to the ULMWP on that outrageous act alone.”
David Robie, a veteran Asia-Pacific commentator and editor of Asia Pacific Report, wrote that “the failure of the Melanesian leadership to stand by the ULMWP was a travesty”. He said in RNZ on August 28 that the MSG had “thrown away a golden chance for achieving a historical step towards justice and peace in West Papua by lacking the courage to accept the main Papuan self-determination advocacy movement as full members”.
Robie continued: “Many see this as a terrible betrayal of West Papuan aspirations and an undermining of Melanesian credibility and solidarity as well as an ongoing threat to the region's security and human rights.
“It is also seen as a success for Indonesia’s chequebook and cultural diplomacy in the region that has intensified in recent years and months with a perception that Jakarta has bribed its way to prevent the United Liberation Front for West Papua (ULMWP) from upgrading its status from observer to its rightful full membership.
“A former Vanuatu prime minister, Joe Natuman, questioned the direction of the MSG back in 2016 when he claimed the West Papuans had been ‘sold out’ and likened the failure of the organisation to grant ULMWP membership to when Jesus Christ was betrayed and sold for 30 pieces of silver.
“He complained at the time that ‘some people’ were trying to drive the MSG for their own agendas, with implied criticism of Fiji, Papua New Guinea and Indonesia.
“Earlier this year, Natuman was even more explicit when he admitted that the MSG had made a mistake by allowing Indonesia to join the Melanesian body in 2015.”
Robie reported that the Summit’s final communiqué was “silent” on West Papua and “claimed that there was no consensus” on the ULMWP’s membership.
The communiqué justified this position, saying the ULMWP “does not meet the existing” criteria for membership under the MSG agreement. It “also imposed a one-year membership moratorium, apparently closing the door on West Papuan future hopes”.
“The tone was set at the MSG when the Indonesian delegation (the largest at the summit) walked out in protest when ULMWP interim president Benny Wenda addressed the plenary,” Robie said.
Despite this, the ULMWP said on August 29 that it welcomed the summit’s call on Indonesia to allow the United Nations High Commissioner for Human Rights to visit West Papua.
“I hope that the MSG chair will honour the commitment to write to Indonesia as a matter of urgency, as every day that international intervention is delayed sees more West Papuans suffer and more Melanesian blood spilt,” Wenda said.
Forty three years ago, Vanuatu’s first Prime Minister (PM) made a well known remark which means, “We are getting our Independence, but Vanuatu will not be totally free until all colonised countries in the Region are free”.
The Government’s stand since 1980 and present actions by individual high ranking officials contradict each other. An action like this is a slap in the face of VFWPA, the people of Vanuatu and the country’s traditional stand on human rights.
Chief Executive Officer (CEO) of Transparency International Vanuatu (TIV) who is also an Executive Member of VANGO, Dr Willie Tokon said inviting Indonesia to Vanuatu in whatever form means that the Prime Minister, and Vanuatu Government, is saying one thing while his colleague is saying the opposite.
“Is this the reason that Vanuatu signs International Conventions, but fails to implement them? What does this say to our people and our regional neighbours?” he questioned.
Having said that, the CEO said TIV upholds human rights and stands with VFWPA for the cessation of human rights infringements and torture of the people of West Papua.
Dr Tokon said the TIV organisation stands against corruption because any violation of human right leads to corruption. “In such a scenario, the next thing to happen is corruption. When corruption creeps in then it becomes difficult to weed it out because corruption involves money which goes round and round,” he warned.
“VANGO comprises more than 50 Civil Society Organisations and Non-Governmental Organisations and we are watching political developments with the keenest of interest because we listen to what our members say.
“Many member organizations of VANGO fight against human rights violations.
“While Vanuatu is friendly and peaceful country. We are a little different from the Solomon Islands and Papua New Guinea, however, in social media more and more people are talking about the need to plan a demonstration to express their concerns for certain issues currently affecting our country and our people.”
While TIV does not support any demonstration which could trigger violence, CEO Tokon said Vanuatu’s history included violent demonstrations in the past to get what the leaders of the Independence struggle wanted.
“Those in power must make sure that there is no misuse of money to get what they want because corruption and bribery have triggered unwanted violence in other countries,” he said.
“We in Vanuatu do not want that which is why we must support VFWPA call for West Papua freedom. The truth is that when West Papua remains colonised, then even we in Vanuatu are not totally free.
“When West Papua is not free, we in Vanuatu cannot be completely free either. This remains true today because when the other countries remain colonies, we cannot move freely as travelling to West Papua is travelling to Indonesia or to nearby New Caledonia, you are in fact entering a Foreign Department of France.”
The CEO praised the late Father Lini for his foresightedness saying as an Anglican priest, he in fact looked into the future to base his famous quote that Vanuatu would not be free until the remaining colonies in the Pacific were all free.
“Melanesia stretches from West Papua in the west to Fiji in the east,” the Vanuatu PM said.
TEMPO.CO, Jakarta - The director of Papua's Human Rights Policy Advocacy Assembly Mathius Murib mentioned that the human rights issues in Papua worsen with a rising number of violence and hostage situations.
The human rights activists in Papua are also at great risk of violence, such as being terrorized, intimidated, and threatened.
"Violence [in Papua] rises in number, hostage situation is also still happening, while all the approach [against the situation] does not reflect the spirit of the human rights," he said during the Universal Periodic Review Discussion of the National Commission on Human Rights (Komnas HAM) today, Wednesday, August 30, 2023.
Despite the risk, Mathius said, he and other human rights activists in Papua are still willing to advocate for human rights enforcement in the province. However, their efforts are clashing with the law enforcement framework, causing many human rights violation cases left unsolved.
"This is an internal evaluation, which I believe is important to ensure public trust as human rights activists since convincing the victims to seek justice is quite difficult," he said. The victims, according to Mathius, always ask about their previous unanswered human rights complaints.
Mathius emphasized that a synchronization and harmonization of the legal system is necessary.
"We hope for good judges and prosecutors in the future that could translate the spirits of Komnas HAM. Thus, human rights violations cases could be put to rights," he concluded.
I GUSTI AYU PUTU PUSPASARI
Editor's Choice: KontraS: Govt Still Arrogant in Resolving Past Human Rights Violations
SPECIAL REPORT: By Yamin Kogoya
The Jakarta District Court heard the case of alleged bribery and gratification against suspended Papua governor Lukas Enembe on Monday with evidence from expert witnesses saying that an audit showed records
to be “clean and accurate”.
The hearing was convened to hear the testimony of three expert witnesses on the allegations against Governor Enembe.
The panel of judges heard the testimony of two experts Dr Muhammad Rullyandi, SH, MH (a constitutional law expert and lecturer at the Faculty of Law of Jayabaya University) and
Dr Eko Sambodo, SE, MM, Mak, CFrA (an expert in state finance and losses), and the third witness was due to be heard today.
- READ MORE: Ailing suspended Papuan governor Enembe now in detention cell after army hospital
- Other Lukas Enembe case reports
The experts concluded that nine reports provided by the country’s state financial audit board during Enembe’s tenure as a governor did not contain any irregularities, or misreporting.
It was all “clean and accurate” within the framework of regulations and procedures, the witnesses said.
Complied with admin law
According to Dr Rullyandi (Indonesians often have single names), the state financial management complied with administrative law, which was supervised by a state institution known as the Badan
Pemeriksa Keuangan (BPK), the State Financial Audit Board.
“The BPK is the final step in the state management process, starting with planning, implementation, and before accountability, it is under supervision,” Dr Rullyandi said.
Among the BPK’s responsibilities were the supervision of procurement and service contracting. When the BPK found criminal elements under its supervision, it reported them to the authorised agency r
equired by law, he said.
Dr Rullyandi said that this was regulated in Article 14 of Law No. 15 of 2004 concerning the Examination of State Financial Management and Responsibility.
Article 14 of Law No.15 of 2004 states:
(1) “IF CRIMINAL ELEMENTS ARE DETECTED DURING THE EXAMINATION, THE BPK SHALL MAKE AN IMMEDIATE REPORT TO THE APPROPRIATE AUTHORITIES IN ACCORDANCE
WITH THE APPLICABLE LAWS AND REGULATIONS”.
Therefore, before the findings could be prosecuted as articles of bribery or gratification, they must first be tested by the BPK, which then reports them to law enforcement agencies.
Administrative rules
That is the correct way of thinking, said the expert witness.
Law enforcement is not permitted to enter the administrative area while it is still in the administrative process. The law states that when administrative law enforcement occurs, law enforcement should not
enter before the BPK makes recommendations,” Dr Rullyandi continued.
The BPK audit report indicates that there were no criminal indications of financial irregularities during the term of Governor Lukas Enembe in regional financial management, including no alleged irregularities in
procurement processes for goods and services, which indicates that the principle of legal certainty was met.
According to Dr Rullyandi, initiation of the investigation process into an alleged criminal act of corruption against Governor Lukas Enembe was not based on BPK’s recommendations.
This means, from the beginning of the investigation until it was transferred to the court, investigators ignored Law No. 15 of 2004, especially Article 14. To enforce the law of corruption, relating to criminal norms regulating
bribery and gratification, administrative law norms must be considered.
This is accomplished by referring to Law No 1 of 2004 concerning the State Rreasury, which states in section weighing letter c that state financial administration law rules must govern state financial management and
accountability.
According to Dr Rullyandi, there is also a provision in Law No. 15 of 2004 pertaining to the Responsibility of State Financial Inspection and Management, which regulates how state finances are handled and held
accountable in the fight against criminal corruption.
Abuse of office allegations
“Regarding allegations of abuse of office, Dr Rullyandi said the defendant did not possess the qualifications to abuse his position through bribery and gratification as stated in Articles 11, 12A, and 12B of the Law.
Law No. 31 of 1999 concerning the Eradication of Corruption, as amended by Law No. 20 of 2001.
It was due to the authority or power associated with Enembe’s position, which allowed him to move in order to do or not do something related to the procurement of goods and services. This was given as a result of or
caused by something he did or did not do in his position that violated his obligations.
His position as Governor and as user of the budget had been delegated and handed over to the powers of budget users and officials authorised to carry out the procurement committee for goods and services in accordance
with Article 18 of Law No. 1 of 2004 concerning the State Treasury.
Particularly, anyone signing or certifying documents related to the letter of evidence that is the basis for the expenditure on APBN / APBD is responsible for its content and consequences.
According to Dr Eko Sambodo’s testimony, if a province [such as Papua] had been given nine times the Unqualified Fair Opinion (abbreviated WTP), administratively, all of them had been managed in accordance with
relevant regulations, accountability, and accounting standards.
“When it comes to managing finances, it has been audited, so there are no regulatory violations,” Dr Sambobo said.
Governor Enembe’s senior lawyer, Professor OC Kaligis, asked the witness whether this opinion of the WTP could be used as evidence, that corruption did not exist in the province.
The witness replied that in auditor terms, corruption was known as irregularities. Deviation causes state losses.
It means that everything has been done according to and within regulations, including governance, compilers, and reports. It also means that expenditures have been proven, clarifications have been made, all of which
contribute to its final report.
“This is all WTP offers,” said Dr Sambobo. Under the leadership of Governor Enembe, Papua province won the WTP opinion nine times consecutively.
Another expert opinion was due to be heard in court today.
Witness’s testimonies in Court
The court completed hearing witnesses last week (Monday, August 21), who testified to their involvement or knowledge of the alleged bribery, gratification, and corruption scandal.
Out of 184 witnesses, only 17 were brought to court, and only 1 had any connection with Governor Enembe. Sixteen of these witnesses testified as to not have any connection to Enembe.
Only one witness linked to the governor’s name, Prijatono Lakka, a pastor and Enembe’s assistant, who sent Enembe one billion rupiah (NZ$105,000) to cover medical expenses through governor’s personal funds,
resulting in an array of allegations, his arrest, and the ongoing process.
To date, no witnesses have emerged to provide testimony or evidence concerning all the alleged wrongdoings and misconduct of Lukas.
Although the governor’s health has improved somewhat, his condition is still critical. The governor’s lawyers continues to ask the judge to detain him in the city for medical treatment and to allow medical specialists
outside of the control of Corruption Eradication Commission (acrynomed KPK) to treat him in a free environment.
However, these requests have not been responded to. Currently, the governor is confined to the prison cells of KPK.
He is secheduled to appear in court next week on Monday to bring the final stages of this protracted legal drama to closure.
Lukas Enembe’s term as Papua’s provincial Governor will end during early September — next week.
Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report.
From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.
5) Macron to be told: 2021 New Caledonia referendum is not valid
Support for West Papua
The stocks are being stored at Bulog warehouses and are adequate for meeting local people's demands for eight months, head of the Bulog-Papua and West Papua Office, Raden Guna Dharma, said.
Therefore, locals need not be worried about the availability of rice, he added.
He also assured of the availability of rice for civil servants as well as military and police personnel in Papua and West Papua regions.
"The current rice stocks are recorded as the biggest ever over the past few years. We do this to make sure that in the future, there will be no problems with late distribution," he said.
To this end, the distribution of rice will be prioritized for mountainous regions considering their challenging conditions, he said, adding that Bulog will also secure 10 tons of imported rice.
The rice will be imported from Thailand and will be shipped directly to Papua instead of Surabaya city in East Java province, he revealed.
In response to the El Nino threat, head of the National Food Agency (Bapanas), Arief Prasetyo Adi, assured that the stocks of strategic food commodities are safe until the end of 2023, ANTARA reported earlier.
Adi noted that for rice, Bapanas has tasked Bulog with absorbing 2.4 million tons of the commodity, an increase from only 990 thousand tons last year.
"Domestic production becomes a priority, so we have to maintain the prices at the farmers' level to be good, and in the downstream, the inflation must be secured well because it will affect the community’s
He said that in October, November, and December 2023, the government will provide rice assistance to 21,353 million beneficiary families, with each beneficiary family receiving 10 kilograms of rice.
He explained that the provision of the rice assistance is a continuation of the earlier food assistance program to the beneficiary families, under which a total of 640 thousand tons of rice was distributed.
Related news: Southwest Papua promotes fish consumption to address stunting
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