Thursday, October 13, 2011

AWPA calls on US government to investigate killing at Freeport

The Australia West Papua Association (Sydney)

Media release 13 October 2011


AWPA calls on US government to investigate killing at Freeport


AWPA has written to the US Ambassador in Canberra (letter below) asking that the US Government investigate the killing of Petrus Ayamiseba to see if Freeport management is using the security forces and its own security staff to intimidate workers to return to work. AWPA believes industrial action should be dealt bilaterally, between the company and workers and not involving the security forces. There have been numerous incidents of human rights abuses reported around the Freeport mine and we urge the US Government to investigate these abuses to see if Freeport is complicit in any way.

Info Joe Collins
Mob 04077 857 97


-------------------------------------------



Australia West Papua Association (Sydney)
PO Box 28, Spit Junction,
Sydney, NSW
Australia 2088

Ambassador Jeffrey L. Bleich
U.S. Embassy
Moonah Place
Yarralumla
ACT 2600

13 October 2011
Dear Ambassador Bleich,
On behalf of the Australia West Papua Association (AWPA ), I am writing to you concerning the death of Petrus Ayamiseba, who was killed when Indonesian security forces fired on striking workers in Timika , West Papua[1]. A number of other workers were seriously injured . Petrus Ayamiseba was one of the thousands of workers who have been on strike at the Freeport Copper and Gold mine since the 15 September. Freeport McMoran is a US company which controls over 90 percent of PT Freeport Indonesia while the Indonesian Government holds the remaining 9.36 percent stake.. Although the company's revenue is $30 million a day, Freeport workers receive between $1.50-$3.00 per hour. This is the lowest wages of any Freeport mining facility and the striking workers have been simply asking for an increase in their pay level.
Freeport makes huge profits and its Grasberg mine is the world’s largest single reserve of both copper and gold. In the first half of this year, the company paid US $1.4 billion in financial obligations to the Indonesian government. From 1992 to June 2011, the company paid $12.8 billion to the Indonesian Government. In 2008, Freeport admitted it had paid around “US$1.6 million through wire transfers and checks to provide ‘monthly allowances’ to police and soldiers at and around the Grasberg mine,” (reported by Agence France-Presse). The payments were made “in contravention of a series of legal measures aimed at stopping military units working as paid protection.”
AWPA is concerned that the situation around the mine could deteriorate further and we call on the US Government to investigate the incident to see if Freeport management is using the security forces and its own security staff to intimidate workers to return to work. We believe industrial action should be dealt bilaterally, between the company and workers and not involving the security forces.

A councilor from The Papua Legislative Council Commission said that Freeport should be held responsible for the shooting death of striking worker Petrus Ayamiseba and “Freeport must be held responsible and immediately resolve all the consequences of the incident,” There have been numerous incidents of human rights abuses reported around the Freeport mine and we urge the US Government to investigate these abuses to see if Freeport is complicit in any way.
Yours sincerely
Joe Collins
Secretary
AWPA (Sydney)


[1] AWPA (Sydney) uses the name “West Papua” to refer to the whole of the western half of the Island of New Guinea. However, “West Papua” at this time is divided into two provinces, Papua and West Papua.

Police in Timika kill one union protester and injure others at Freeport

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-204-2011

11 October 2011
---------------------------------------------------------------------
INDONESIA: Police in Timika kill one union protester and injure others at Freeport

ISSUES: Extrajudicial killing; right to life; police violence; freedom of expression; indigenous people; labour rights
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the extrajudicial killing of trade union member Peter W. Ayamiseba and the injury of several persons in police shootings during a union protest on October 10, 2011 at PT Freeport Indonesia in West Papua. The workers were protesting against the illegal termination of their contracts following their earlier union strike for wage increases. The police appear to have used lethal ammunition against the protesters. (right: Peter W. Ayamiseba/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

CASE NARRATIVE:

According to the Chemical Energy Mining Union-All Indonesia Workers Union (Serikat Pekerja Kimia Energi Pertambangan-Serikat Pekerja Seluruh Indonesia) in Timika, West Papua, since September 15, 2011, PT Freeport Indonesia (PTFI) employees were on strike demanding wage adjustments. PT Freeport Indonesia is running controversial mining activities in Indonesia's resource rich province of West Papua. The company in the past has paid military and police to run security operations for them. The majority of striking workers were indigenous Papuans. Based on the wages of up to USD 15 per hour provided to workers by the Freeport-McMoRan Copper & Gold group in other countries, the West Papuan workers demanded their USD 1.5/hr wage to be increased to USD 3/hr. The employees sought negotiations with the management of the company, but were not given opportunities for a serious dialogue; instead, they faced direct intimidation from the management or through the police.

According to article 144 of Indonesia’s law No 13/2003 concerning Manpower, protesting workers are protected from any termination of their employment:


Article 144
In the event of a strike performed in observance of what is stipulated under Article 140, the entrepreneur is prohibited from:
a. Replacing striking workers/ labourers with other workers/ labourers from outside of the enterprise; or
b. Imposing sanctions on or taking retaliatory actions in whatever form against striking workers/labourers and union officials during and after the strike is performed

In violation of this law however, PTFI fired the striking workers and employed new personnel as their replacement.

On October 10, the employees returned to their work location to protest against their termination and demanded their jobs back. At 9:30am, protesting employees from seven indigenous tribes that customarily hold the land of the Tembagapura mining location, and around 1000 employees from other areas walked to the entrance gate of the Gorong-gorong company bus transportation terminal (from where the PTFI run a bus to take the workers back to their dormitories). The police from Timika District Police (POLRES) had placed guards in front of the terminal, and refused to let the protesters enter, despite negotiation attempts by Mr. Anis Natkime (chief of the seven involved indigenous tribes).
The police then fired warning shots at the protesters causing those in the front rows to leave. When the protesters in subsequent rows tried to make their way forward to the gate, the police started shooting into the crowd, resulting in panic. Peter W. Ayamiseba, Freeport employee in the catering division, was shot in the shoulder and died at the scene. At least nine more persons were injured. The then enraged crowd responded by throwing stones at the police.

The police in turn fired several random shots at the protesters. While some reports claim that the police were merely using rubber bullets, the deadly wounds and the ammunition cartridges found at the scene indicate otherwise. Despite the police's use of tear gas, the situation escalated further, resulting in the police withdrawing inside the gate they were trying to defend.



(right: Hand of Chary Suripto/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

Mr. Ayamiseba’s corpse was then brought directly to the Timika Regional General Hospital (RSUD), where the cause of his death was confirmed to have resulted from metal bullets. Nine other injured protesters (male) were also brought to the same hospital: Leo Wandagau and Melkias Rumbiak were wounded in the back by rubber bullets; Alius Komba was hit with a rifle in his stomach; Philiton Kogoya was hit by a rifle in his head; Ahmad Mustofa was wounded in the head and back by rubber bullets; Yunus Ngur W was shot in the stomach by police and operated upon in the hospital; Yusuf Kurni was wounded in his left hand by rubber bullets; Emeleanus Beanal was wounded in his right hand and left leg by rubber bullets and had bruises in his stomach caused by hits with a shotgun; and Chary Suripto was wounded in his left hand by the explosion of a tear gas unit.

The hospital did not provide the victims with any medical records however, and their requests for obtaining such reports were denied without providing any reason. This is in violation of regulation no. 269/2008 from the Indonesian Ministry of Health, which states that information about the patient's identity, diagnosis and medical history can be provided at the request and consent of the patient (article 10.2b) and that the content of the medical records belongs to the patient and can be provided to persons authorized by the patient or the patient’s family (article 12.1).



(left: lethal ammunition used/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

A tenth and so far unidentified person (non-indigenous Papuan) among the protesters was also injured. Since he carried no identity documents and was not known to any of the other workers, he is suspected to have conducted intelligence activities for the police or the company during the protests, and to have been injured by accident.

On September 10, the workers laid Mr. Ayamiseba’s corpse at the entrance gate of the Timika office of the Papuan Regional Autonomy Parliament (Dewan Perwakilan Rakyat Daerah - DPRD) expecting Mr. James R. Moffett, chairman of PT Freeport Indonesia to come and take up his responsibility in the case and to ensure that both company management and police are held accountable. Until September 12 Mr. Moffet had not appeared, and the body of victim was then taken to the the Timika Regional General Hospital (RSUD) for an autopsy.

ADDITIONAL INFORMATION:
West Papua, Indonesia's resource rich province, which also has the highest poverty levels in the country, suffers from extensive mining operations by multinational corporations and illegal activities by security forces. Many years of mining and export of its valuable resources have yet to result in an improvement of the living conditions of indigenous Papuans (including improvement in unemployment, education, health care). The illegal payments made to the police and military to maintain security for the mining activities indirectly creates incentives for the security forces to prolong security risks that require their intervention. Excessive force continues to be largely ignored, and perpetrators are not held accountable. The disproportional influence of PT Freeport Indonesia in public institutions in the wider Timika area, including institutions of justice, remains a serious concern. This contributes to prolonging the conflict between authorities, mining companies and the large indigenous population.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to investigate into this case immediately, and to prosecute the responsible police officers for using illegal force. In particular, it is essential that this case is not buried or ignored as most cases regarding PT Freeport Indonesia are.

Please be informed that the AHRC is sending letters on this case to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the rights of indigenous people and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for their strong interventions.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Police in Timika kill one union protester and injure others at Freeport

Name of victims: Peter W. Ayamiseba, Leo Wandagau, Melkias Rumbiak, Alius Komba, Philiton Kogoya Ahmad Mustofa, Yunus Ngur W, Yusuf Kurni, Emeleanus Beanal and Chary Suripto (members of Serikat Pekerja Kimia Energi Pertambangan-Serikat Pekerja Seluruh Indonesia/ Chemical Energy Mining Union-All Indonesia Workers Union)
Names of alleged perpetrators: members of Timika Dictrict Police
Date of incident: 10 October 2011
Place of incident: The entrance gate of the Gorong-gorong company bus transportation terminal

I am writing to voice my deep concern regarding the killing of Peter Ayamiseba, an employee of PT Freeport Indonesia on 10 October 2011 by members of Timika District Police (POLRES), when PT Freeport Indonesia employees were on strike demanding wage adjustments. Nine other protesters were also injured by the police.

According to the information I have received from the Asian Human Rights Commission, since September 15, 2011 PT Freeport Indonesia (PTFI) employees were on strike demanding wage adjustments. PT Freeport Indonesia is running controversial mining activities in West Papua, Indonesia's resource rich province. The company had in the past paid military and police for running security operations for them. The majority of striking workers were indigenous Papuans. Based on the wages of up to USD 15 per hour provided to workers by the Freeport-McMoRan Copper & Gold group in other countries, the West Papuan workers demanded their USD 1.5/hr wage to be increased to USD 3/hr. The employees sought negotiations with the management of the company, but were not given opportunities for a serious dialogue; instead, they faced direct intimidation from the management or through the police.

According to article 144 of Indonesia’s law No 13/2003 concerning Manpower, protesting workers are protected from any termination of their employment:

Article 144
In the event of a strike performed in observance of what is stipulated under Article 140, the entrepreneur is prohibited from:
a. Replacing striking workers/ labourers with other workers/ labourers from outside of the enterprise; or
b. Imposing sanctions on or taking retaliatory actions in whatever form against striking workers/labourers and union officials during and after the strike is performed

In violation of this law however, PTFI fired the striking workers and employed new personnel as their replacement.

I am informed that on October 10, the employees returned to their work location to protest against their termination and demanded their jobs back. At 9:30am, protesting employees from seven indigenous tribes that customarily hold the land of the Tembagapura mining location, and around 1000 employees from other areas walked to the entrance gate of the Gorong-gorong company bus transportation terminal (from where the PTFI run a bus to take the workers back to their dormitories). The police had placed guards in front of the terminal, and refused to let the protesters enter, despite negotiation attempts by Mr. Anis Natkime (chief of the seven involved indigenous tribes).

I am disturbed to learn that the police then fired warning shots at the protesters, causing those in the front rows to leave. When the protesters in subsequent rows tried to make their way forward to the gate, the police started shooting into the crowd, resulting in panic. Peter W. Ayamiseba, Freeport employee in the catering division, was shot in the shoulder and died at the scene. At least nine more persons were injured. The then enraged crowd responded by throwing stones at the police.

The police in turn fired several random shots at the protesters. While some reports claim that the police were merely using rubber bullets, it has come to my attention that the deadly wounds and the ammunition cartridges found at the scene indicate otherwise. Despite the police's use of tear gas, the situation escalated further, resulting in the police withdrawing inside the gate they were trying to defend.

Mr. Ayamiseba’s corpse was then brought directly to the Timika Regional General Hospital (RSUD), where the cause of his death was confirmed to have resulted from metal bullets. Nine other injured protesters (male) were also brought to the same hospital: Leo Wandagau and Melkias Rumbiak were wounded in the back by rubber bullets; Alius Komba was hit with a rifle in his stomach; Philiton Kogoya was hit by a rifle in his head; Ahmad Mustofa was wounded in the head and back by rubber bullets; Yunus Ngur W was shot in the stomach by police and operated upon in the hospital; Yusuf Kurni was wounded in his left hand by rubber bullets; Emeleanus Beanal was wounded in his right hand and left leg by rubber bullets and had bruises in his stomach caused by hits with a shotgun; and Chary Suripto was wounded in his left hand by the explosion of a tear gas unit.

The hospital did not provide the victims with any medical records however, and their requests for obtaining such reports were denied without providing any reason. This is in violation of regulation no. 269/2008 from the Indonesian Ministry of Health, which states that information about the patient's identity, diagnosis and medical history can be provided at the request and consent of the patient (article 10.2b) and that the content of the medical records belongs to the patient and can be provided to persons authorized by the patient or the patient’s family (article 12.1).

A tenth and so far unidentified person (non-indigenous Papuan) among the protesters was also injured. Since he carried no identity documents and was not known to any of the other workers, he is suspected to have conducted intelligence activities for the police or the company during the protests, and to have been injured by accident.

On September 10, the workers laid Mr. Ayamiseba’s corpse at the entrance gate of the Timika office of the Papuan Regional Autonomy Parliament (Dewan Perwakilan Rakyat Daerah - DPRD) expecting Mr. James R. Moffett, chairman of PT Freeport Indonesia to come and take up his responsibility in the case and to ensure that both company management and police are held accountable. Until September 12 Mr. Moffet had not appeared, and the body of victim was then taken to the Timika Regional General Hospital (RSUD) for an autopsy.

In light of the above information I am of the opinion that the killing of Peter W. Ayamiseba and the violation of the rights of several workers who were threatened by the police with regard to their freedom of speech and expression is in contravention of Indonesia’s constitution.

I am therefore urging you to take immediate action in this case, and to ensure that it is not buried or ignored, as happens to most cases involving PT Freeport Indonesia. An impartial criminal investigation must be conducted by a professional investigation team for police officers who were using lethal ammunition which resulted in the killing and injury of several workers. An independent investigation team should also subsequently conduct an investigation into the allegation of corruption based on the payments made by the company to the police. All those found guilty must be prosecuted according to the law.

I also urge you to ensure that PT Freeport Indonesia takes responsibility for the outcome of the conflict, for which they share responsibility and ensure that there are no more violations of labour rights.

I am looking forward to your intervention in this case.

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel.: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. The Minister of Manpower and Transmigration
Jl. Jend. Gatot Subroto Kav. 51 Jakarta 12950
INDONESIA
Tel.: +62 21 5229285, 7989924
Fax: +62 21 7974488

3. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel. +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
E-mail: info@polri.go.id

4. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537, 7260306 / 7218010
Fax: +62 21 7220669
E-mail: info@polri.go.id

5. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel.: +62 21 739 2352
Fax: +62 21 739 2317

6. Head of Papua Regional Police
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel.: + 62 967 531014
Fax: +62 967 533763

7. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

8. Head of Timika District Police
Jl. Agimuga No. 03, Mike 32
Timika Papua
INDONESIA
Tel.: +62 901 301974

9. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

10. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)






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Tuesday, October 11, 2011

AHRC UA Jayapura city district police and military arbitrarily torture and arrest Papuan civilians October 11, 2011

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-202-2011

INDONESIA: Jayapura city district police and military arbitrarily torture and arrest Papuan civilians
October 11, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-202-2011




11 October 2011
---------------------------------------------------------------------
INDONESIA: Jayapura city district police and military arbitrarily torture and arrest Papuan civilians

ISSUES: Indigenous people; military, police violence; ill-treatment and torture; right to fair trial
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest and torture of 15 Papuan villagers, including several minors, in Horas Skyline village, Jayapura, Papua, committed by a joint team of Jayapura city district police and Cenderawasih military area command on 31 August 2011. Until now, there is no investigation into the incident.

CASE NARRATIVE:

According to information received from Persekutuan Gereja-Gereja Baptis Papua (The Fellowship of Baptist Churches of Papua), Koalisi Masyarakat Sipil Untuk Penegakan Hukum dan HAM di Papua (Civil Society Coalition to Uphold Law and Human Rights in Papua) and other activists, on 31 August 2011 at 5am, around 115 members of a joint team of Jayapura city district police (POLRESTA) and Cenderawasih military area command raided Papuan villagers in Horas Skyline village, Abepura district, Jayapura, Papua. All of the team members had guns and long barreled rifles, and some of them were wearing a black mask. When they were some 300 meters from the targeted houses, the team shot at the houses seven times.



(left: Siki Kogoya/ source: The Fellowship of Baptist Churches of Papua)

Siki Kogoya, a villager who was in his yard at the time, was shocked upon hearing the gunshot, after which he saw the joint team members make their way to him. One of the members pointed his gun at Siki's mouth, while three others pointed their long barreled rifles at his neck. They then beat him with rifle butts and kicked his head, face, ribs and chest. Siki was ordered to lie face down on the ground, while the officers continued pointing their weapons at him and asked him questions regarding the location of Panius Kogoya, Etra Yanengga, and Arman Kogoya, and whether he knows Danny Kogoya. This was related to their involvement in a shooting accident in Nafri on 1 August 2011, and the killing of a taxi driver and burning of his taxi in Skyline on 6 July 2011.


(right: Panius Kogoya/source: The Fellowship of Baptist Churches of Papua)

At the same time, other joint team members went to Biben Kogoya (the neighbourhood leader)’s small house (this small house is separated from Biben Kogoya's main house and is usually used by the community for worship, discussion or meeting) and raided it. The officers then brought 14 villagers (three of whom were sick), randomly picked up from the village, to Biben's yard, ordered them to lie down and forced them to see the sun rise without blinking. The officers humiliated, kicked, beat and pointed their guns at the victims. The officers asked the victims who among them were Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga and Gidi Wenda, and forced them to disclose the location of Panius Kogoya, Ekimar Kogoya, and Etra Yanengga, and whether they know Danny Kogoya.



(left: Panius Kogoya/source: The Fellowship of Baptist Churches of Papua)

Being the neighbourhood leader, Biben had learnt from the urban village head (LURAH, an administrative leader for the regency/city area), that members of the regional Papua police (POLDA) and Jayapura city district police would raid his house. He did not expect to be beaten however. The joint team members placed a photo of the killed soldier in Nafri into a photo album at Biben's house, then they showed it to him and forced him to admit that he was the killer.

Subsequently, Biben was dragged to an empty house which had been ransacked by the joint team members. There was a hole at the house, with bullets and papers around it. Biben was threatened with death if he did not admit that these belonged to him. When Biben refused to admit this, the officers dragged him towards the hole and tried to push him in. Biben managed to avoid falling in, but the joint team members then dragged him to another room. There, at the left corner, the officers ordered Biben to dig a hole while pointing a gun at him. Biben felt they would kill and bury him, and he tried to escape. He was caught and brought to his yard, where the other victims were held.

At 6:30pm Metius Kogoya, a Christian clergyman, heard of the news and at 9:30pm he came to the location where the victims were being held. There, he was asked by the joint team members to name all the victims. When he named Ekimar, the officers immediately beat and dragged him to an empty yard, where he was beaten repeatedly and forced to name another killer. Finally Ekimar named Panius, as a result of which Panius was also dragged to the yard and beaten together with Ekimar. Metius then sat with the other victims in solidarity. He observed the victims being humiliatiated and beaten for eight hours, until 1pm.

While the victims were being beaten and interrogated, other joint team members were raiding Biben Kogoya's house for documents that could be used as evidence. They seized ‘weapons’ such as traditional arrows, a chopper, a knife. In the backyard, one officer shot a hole through a frying pan, stating, “With this frying pan, you cooked and gave food to members of the Free Papua Movement (OPM).” The joint team members also raided other victims’ houses.

Furthermore, the joint team also asked Novi Kogoya alias Pia (7 years) to answer where was the gun hidden by her parents. Even though Novi Kogoya anwered that she did not know, they kept repeating the question.

Approximately at 1pm, the chief of regional police (KAPOLDA) of Papua and the chief of Jayapura city district police (KAPOLRESTA) came to Biben's yard and ordered the joint team members to stop their assault. Then the victims were brought to the Jayapura city district police headquarters and interrogated as witnesses of the Nafri and Skyline killings. In violation of articles 17 and 38 of the Indonesian criminal procedure law, the joint team officers did not show any arrest and seizure warrant when arresting the victims. The police officers also did not inform the victims of their rights and interrogated them without legal counsel in violation of articles 51 and 54.

The Jayapura police officers threatened to kill Ekimar and Panius if they did not confess to being the killers in the Nafri and Skyline incidents. As a result, the two victims made statements that they were the killers. Ekimar is a minor, and his rights were violated by being interrogated and detained in the same manner as an adult.

The police completed their interrogation of the victims at 11pm, excluding Ekimar and Panius, who were considered as suspects of manslaughter, murder, and violence under articles 338, 340 and 170.1 of the criminal code. The victims were taken to a prison truck and not given food until the following morning.

On the next day, September 1, at 11:40am, a representative from the national human rights commission in Papua, the Baptist church of Papua and several human rights activists came to the Jayapura city district police headquarters to see the victims. After several complaints submitted to the police and due to insufficient proof, the police released all the victims except Ekimar and Panius at around 3pm. The 13 victims are presently suffering from trauma and cannot conduct their daily activities as usual.

On September 3, at 9am, the Jayapura district police gave arrest and detention warrants to the families of Ekimar and Panius in violation of articles 17 and 21.1 of the Indonesian criminal procedure law.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to justice in accordance with international human rights norms.

Please be informed that the AHRC is also sending letters to the Special Rapporteur on the rights of indigenous people, the working group on arbitrary detention, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, calling for their intervention into this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Jayapura city district police and military arbitrarily arrest and torture Papuan civilians

Name of victims: Siki Kogoya (male, 23 years, student), Tinus Wenda (male, 40, entrepreneur), Yeskiel Wenda (male, 23, student), Arinus Wenda (male, 25, student), Nusman Kogoya (male, 18, student), Manianus Kogoya (male, 23, student), Mis Kogoya (male, 25, student), Yawenus Kogoya (male, 21, student), Budi Kogoya (male,15, student), Demias Kogoya (male, 16, student), Biben Kogoya (male, 34, neighbourhood leader), Metius Kogoya (male, 34, Christian clergy), Uwen Kogoya (male, 26, student), Painus Kogoya (male, 23, student), Ekimas alias Ekimar Kogoya (male, 16, student)
Name of alleged perpetrators: Officers of the Jayapura city dictrict police, members of the joint team of Jayapura city district police and military who arbitrarily arrested, threatened and tortured the victims
Date of incident: 31 August 2011
Place of incident: Horas Skyline village, Abepura district, Jayapura, Papua

I am writing to voice my deep concern at the arbitrary arrest and torture of 15 Papuan civilians, including several minors, in Horas Skyline village, Abepura district, Jayapura, Papua, by the joint team of Jayapura city district police and Cenderawasih military area command on 31 August 2011.

I have learnt that on 31 August 2011 at 5am, around 115 members of the joint team of Jayapura city district police and Cenderawasih military area command raided the villagers’ homes. All of the team members had guns and long barreled rifles, and some of them were wearing a black mask. When they were some 300 meters from the targeted houses, the team shot at the houses seven times.

Siki Kogoya, a villager who was in his yard at the time, was shocked upon hearing the gunshot, after which he saw the joint team members make their way to him. One of the members pointed his gun at Mr. Kogoya's mouth, while three others pointed their long barreled rifles at his neck. They then beat him with rifle butts and kicked his head, face, ribs and chest. Mr. Kogoya was ordered to lie face down on the ground, while the officers continued pointing their weapons at him and asked him questions regarding the location of Panius Kogoya, Etra Yanengga, and Arman Kogoya, and whether Mr. Kogoya knows Danny Kogoya. This was related to their involvement in a shooting accident in Nafri on 1 August 2011, and the killing of a taxi driver and burning of his taxi in Skyline on 6 July 2011.

At the same time, other joint team members went to Biben Kogoya (the neighbourhood leader)’s small house (this small house is separated from Biben Kogoya's main house and is usually used by the community for worship, discussion or meeting) and raided it. The officers then brought 14 villagers (three of whom were sick), randomly picked up from the village, to Biben's yard, ordered them to lie down and forced them to see the sun rise without blinking. The officers humiliated, kicked, beat and pointed their guns at the victims. The officers asked the victims who among them were Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga and Gidi Wenda, and forced them to disclose the location of Panius Kogoya, Ekimar Kogoya, and Etra Yanengga, and whether they know Danny Kogoya.

I am outraged to learn that the joint team members placed a photo of the killed soldier in Nafri into a photo album at Biben's house, which they then showed him and forced him to admit that he was the killer. Subsequently, Biben was dragged to an empty house which had been ransacked by the joint team members. There was a hole at the house, with bullets and papers around it. Biben was threatened with death if he did not admit that these belonged to him. When Biben refused to admit this, the officers dragged him towards the hole and tried to push him in. Biben managed to avoid falling in, but the joint team members then dragged him to another room. There, at the left corner, the officers ordered Biben to dig a hole while pointing a gun at him. Biben felt they would kill and bury him, and he tried to escape. He was caught and brought to his yard, where the other victims were.

At 6:30pm Metius Kogoya, a Christian clergyman, heard of the news and at 9:30pm he came to the location where the victims were being held. There, he was asked by the joint team members to name all the victims. When he named Ekimar, the officers immediately beat and dragged him to an empty yard, where he was beaten repeatedly and forced to name another killer. Finally Ekimar named Panius, as a result of which Panius was also dragged to the yard and beaten together with Ekimar.

While the victims were being beaten and interrogated, other joint team members were raiding Biben Kogoya's house for documents that could be used as evidence. They seized ‘weapons’ such as traditional arrows, a chopper, a knife. In the backyard, one officer shot a hole through a frying pan, stating, “With this frying pan, you cooked and gave food to members of the Free Papua Movement (OPM).” The joint team members also raided other victims’ houses.

Approximately at 1pm, the chief of regional police (KAPOLDA) of Papua and the chief of Jayapura city district police (KAPOLRESTA) came to Biben's yard and ordered the joint team members to stop their assault. Then the victims were brought to the Jayapura city district police headquarters and interrogated as witnesses of the Nafri and Skyline killings. In violation of articles 17 and 38 of the Indonesian criminal procedure law, the joint team officers did not show any arrest and seizure warrant when arresting the victims. The police officers also did not inform the victims of their rights and interrogated them without legal counsel in violation of articles 51 and 54.

It has come to my grave attention that the Jayapura police officers threatened to kill Ekimar and Panius Kogoya if they did not confess to being the killers in the Nafri and Skyline incidents. As a result, the two victims made statements that they were the killers. Ekimar is a minor, and I am shocked that his rights were violated by being interrogated and detained in the same manner as an adult.

The police completed their interrogation of the victims at 11pm, excluding Ekimar and Panius, who were considered as suspects of manslaughter, murder, and violence as mentioned in articles 338, 340 and 170.1 of the criminal code. The victims were taken to a prison truck and not given food until the following morning.

On the next day, September 1, at 11:40am, a representative from the national human rights commission in Papua, the Baptist chuch of Papua and several human rights activists came to the Jayapura police headquarters to see the victims. After several complaints submitted to the police and due to insufficient proof, the police released all the victims except Ekimar and Panius Kogoya at around 3pm. The 13 victims are presently suffering from trauma and cannot conduct their daily activities as usual.

On September 3, at 9am, the Jayapura district police gave the arrest and detention warrants to the families of Ekimar and Panius Kogoya in violation of articles 17 and 21.1 of the Indonesian criminal procedure law.

Until now, I am not aware of any action taken against the perpetrators for their brutal and illegal behaviour towards the villagers. I urge you to seriously look into the victims’ allegations and take appropriate action against those found responsible. Appropriate action must also be taken against the authorities that have failed to intervene.


Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Phone: +62 21 5715518
Fax: +62 21 5715523

3. Chairman of Third Commission of The House of Representative of Indonesia
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Tel:+62 21 5715569
Fax: +62 21 5715566

4. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763

5. General of Police Timur Pradopo
Chief of Indonesian National Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537, 7260306, 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

6. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537, 7260306, 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

7. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

8. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

9. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095

10. Chief of Regional Police of Papua province
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel: + 62 0967 531014
Fax: +62 0967 533763

11. Chief of Jayapura city district police (POLRESTA)
Jl. A. Yani No.11
Jayapura
INDONESIA


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

INDONESIA MUST INVESTIGATE MINE STRIKE PROTEST KILLING


Amnesty International

INDONESIA MUST INVESTIGATE MINE STRIKE PROTEST KILLING



The Freeport gold and copper mine in Papua is one of the world's largest.
© Pavo/Survival

10 October 2011
The Indonesian authorities must immediately investigate the use of deadly force by police at a mining protest, Amnesty International said today after one protester was killed and at least six injured.

Indonesian security forces opened fire on striking workers of a gold and copper mine in the eastern province of Papua run by US company Freeport-Mcmoran on Monday. Some 8,000 workers at the mine have been on strike since 15 September, after demands for a pay rise reached a deadlock.

“This latest incident shows that Indonesian police have not learned how to deal with protesters without resorting to excessive, and even lethal, force,” said Sam Zarifi, Amnesty International’s Asia Pacific Director.

“The police have a duty to protect themselves and uphold the law, but it is completely unacceptable to fire live ammunition at these protesters,” he said.

“The authorities must launch an independent and impartial investigation into this tragedy, and ensure that the results are made public,” he added.

Mine worker Petrus Ayemseba was shot in the buttocks and died a few hours later. Six other workers - Leo Wandagau, Alius Komba, Melkias Rumbiak, Yunus Nguluduan, Philiton Kogoya and Ahmad Mustofa were also injured from the shooting.

Freeport has accused the strikers of trying to intimidate replacement workers whom the company was trying to move into the mine workers’ barracks.

After the police opened fire, mine workers set fire to two container trucks heading to the mining town and pelted the police with rocks, according to local sources.

Amnesty International has documented numerous cases where Indonesian police have used unnecessary or excessive force or firearms and where no one has been held accountable.

“Indonesian authorities have failed to provide justice and reparations to most victims of excessive use force by the police. They must get to the bottom of this incident quickly and signal that they will impose adequate disciplinary or criminal sanctions on the police and will protect the right of Indonesians to protest,” Sam Zarifi said.

“It is high time the Indonesian police trained and equipped their staff in non-violent methods of crowd control. They also need to ensure that they have non-lethal means of force at their disposal to disperse the protesters if necessary,” he added.
READ MORE

Saturday, October 8, 2011

AWPA update-September 2011

Australia West Papua Association (Sydney)

PO Box 28, Spit Junction, NSW 2088


AWPA update. - A snapshot of events -West Papua
September 2011-begining October

The Pacific Islands Forum held in Auckland (7-9 September) again disappointed West Papuans with no mention of the human rights situation in West Papua in the official communiqué (unlike in the past ) and West Papua again not gaining observer status at the Forum although the US territories of American Samoa, Guam and the Commonwealth of Northern Marianas did become Forum Observers. However, the issue of West Papua achieved a lot of media coverage thanks to the local civil society organizations in New Zealand including the Indonesian Human Rights Committee who organized public meetings and rallies leading up to and during the PIF. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10749993
Media students from Pacific Media Centre at AUT did a terrific job covering the PIF and some of their stories at http://www.pmc.aut.ac.nz/articles/caf
Some excitement was caused by the UN Secretary-General Ban Ki-Moon ‘s response to a question on West Papua in which he “stated that it was up to the Member States to decide on the re-listing or de-listing of any territory as a non-self-governing territory.”
http://pacific.scoop.co.nz/2011/09/nz-australian-human-rights-groups-call-for-un-probe-on-west-papua/
However, there was no surprise to see a clarification a few days later stating
“His off-the-cuff response may have led to the misunderstanding that he was suggesting the matter of Papua should be placed on the agenda of the Decolonization Committee. The Secretary-General wishes to clarify that this was not his intention”
http://www.un.org/apps/sg/sgstats.asp?nid=5507
Some of the images from the PIF at http://www.facebook.com/media/set/?set=a.231954730185237.55675.116517195062325&type=1

The Asian Human Rights Commission released two appeals in relation to West Papua. (Urgent Appeal Update: AHRC-UAU-041-2011) The Manokwari district court in West Papua has sentenced two peaceful activists to seven and a half months and two years imprisonment respectively. The trial was characterised by a series of violations of the Indonesian criminal procedure and appeared to be politicised and biased. The victims had participated in a peaceful protest in December 2010. The Manokwari Court ignored several basic rights of the accused and the verdict was given despite the lack of sufficient evidence. Five more victims are still undergoing their trial process. http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-041-2011 and (Urgent Appeal Update: AHRC-UAU-046-2011) The Asian Human Rights Commission (AHRC) has received updated information from the Institute for Research, Recognition and Development of Legal Aid (LP3BH) in West Papua regarding the sentencing of another Papuan student and the acquittal of four others in relation to their involvement in a peaceful protest on 14 December 2010. While the AHRC welcomes the acquittal of four of the seven victims brought before court the sentencing of the other three presents a violation of their right to freedom of expression. Concerns over the imprisonment of Mr. Bleskadit and the application of the rebellion charge against peaceful protesters in other cases in West Papua remain.
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-046-2011


The Commission for Missing Persons & Victims of Violence (Kontras) reported that the Indonesian military are still involved in cases of abuse and that between July and September, Kontras recorded 16 cases of abuse, 15 shootings, five cases of intimidation, 11 cases of maltreatment and two murders. In Papua, Kontras said that military violence had killed 23 people, including 22 civilians. The violence also injured 8 military personnel and 10 civilians. http://www.tempointeractive.com/hg/nasional/2011/10/03/brk,20111003-359564,uk.html

and in a joint statement NGO’s in Indonesia including the Human rights watchdog Imparsial, the Commission for the Missing and Victims of Violence (Kontras), the Asian Forum for Human Rights and Development (FORUM-ASIA) and the International Federation for Human Rights (FIDH), said recent violence in Papua in July and August underscores the urgent need for the government to reassess its military approach and place respect for human rights at the heart of conflict resolution policies and practices. Freedom of expression and freedom to assemble have been repeatedly violated in Papua, which in turn has seriously fueled tensions. http://www.thejakartapost.com/news/2011/09/22/reassess-military-approach-papua-ngos.html



Papua, Indonesia’s poorest province
28 September, 2011
TEMPO Interactive, JAYAPURA:The latest figures from the bureau of statistics show that Papua is the poorest province in Indonesia. “Around 36.8 percent or 980,000 of a total 2.8 million people in Papua are poor,” said Ali Said from the Central Bureau of Statistics’ (BPS) Analysis and Statistic Development Directorate, yesterday. According to Ali, the measurement was based on the components of food, which is equal to 2,100 kkl per capita per day. The basic food need is represented by 52 commodities, including rice.

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RI, Aussie special forces launch joint exercise
The Jakarta Post 09/09/2011
JAKARTA: The Indonesian Army Special Forces (Kopassus) is currently conducting a two-week joint training exercise with the Australian Special Operations Command (SOCOMD) in the Thousand Islands regency, north of Jakarta. Members of the special forces from both countries will take part in exercises, including live fire training and marine terrorism prevention, tempointeraktif.com reported Thursday.
Kopassus commander Maj. Gen. Lodewijk F. Paulus officially opened the joint exercise on Tuesday at the Kopassus headquarters in Cijantung, Jakarta. The exercise is hoped to encourage exchange of knowledge between the two delegations, and improve cooperation between both countries, he said. “It also aims to improve the forces’ abilities and skills in personal and group fighting techniques and tactics,” he said. He added that Indonesian and Australian forces had been carrying out joint exercises since 1992.


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RI to boost military ties with 3 European states
The Jakarta Post, 09/10/2011
Indonesia is set to boost military ties with Germany, France and Spain, deputy defense minister Sjafrie Sjamsoeddin said in Jakarta on Saturday. “We are currently completing drafts for the [new] military partnerships between Indonesia and Germany and between Indonesia and Spain. The result will be MoUs signed by defense ministers from each country,” Sjafrie said as quoted by Antara. The draft for the new partnership with France, meanwhile, is still in its early stages, he added. Sjafrie said the signing of the MoUs was expected to intensify and expand the scope of military ties already existing between Indonesia and the three European countries. “We will also intensify existing defense industry partnerships between Indonesian state enterprises and the three countries, in order to support a more independent national defense industry.” He added starting from Sunday, he would engage in talks in Berlin and Stuttgart in Germany, Madrid in Spain, and Paris and Marseille in France on the new military partnerships.


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Merauke earmarks Rp 1.7 billion for ice factory
The Jakarta Post, 09/15/2011
The Merauke administration in Papua has allocated Rp 1.7 billion (US$193,800) to establish an ice factory to meet the demand for fish starching in the region. Merauke’s Maritime and Fishery Agency head Korbianus Topay said the ice factory is expected to have a production capacity of 15 tons of ice per day. “We have decided upon a location in Lampu Satu District,” Korbianus said Thursday as quoted by kompas.com. The location was picked because of its proximity to a fishing village. The Merauke Statistics Agency recorded that the region produced a total of 3.4 million tons of sea produce in 2009, of which approximately 54,979 tons were exported.

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Bodies of pilots recovered in Indonesia

(AFP) – 13/9/11
TIMIKA, Indonesia — The bodies of an Australian pilot and his Slovakian co-pilot who died when their small plane crashed in Indonesia's Papua province have been recovered, according to an official. "At 7:00am today we sent three helicopters to recover the bodies of Susi Air pilot David Cootes from Australia and co-pilot Thomas Munk from Slovakia," Papua police spokesman Wachyono said on Wednesday.
The choppers collected the bodies from the crash site in Yahukimo district and flew them to Biak island, off Papua's northwestern coast. Wachyono did not say when the bodies would be repatriated. Susi Air's light Cessna Grand Caravan plane was carrying food and fuel to a remote district when it crashed Friday in bad weather. Thick fog and bad weather prevented a prompt search-and-rescue mission to the remote site.The sprawling Indonesian archipelago relies heavily on air transport and has a poor aviation record. Turbulent weather conditions in Papua have caused several aviation accidents in recent years.

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4 HIV positive pregnant women found in Merauke in August: KPA

The Jakarta Post, 09/12/2011
At least 14 women were found to be HIV positive in Merauke, Papua, during the month of August, four of them pregnant, the HIV/AIDS Prevention Commission (KPA) reports. Merauke KPA secretary Heni Astuti Suparman added that last month around 240 people were tested for HIV/AIDS in her area. "The greatest concern was finding four of those HIV positive women were pregnant," she said. At least six of the HIV positive women were classified as in high-risk groups and one had worked as a showgirl, Hen said. She further added that at least eight HIV positive pregnant women had been found in Merauke since December last year. The findings are alarming because HIV/AIDS has increasingly spread in the housewife group, which now accounts for at least 169 people living with HIV/AIDS in Papua. Meanwhile, the numbers of HIV positive husbands whose wives are HIV positive is currently unknown."Some have been tested and the results have come back negative. We will test again to make sure," Heni said Sunday as reported by kompas.com.

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Komnas HAM is gathering data about the 15 arrests in Skyline

Bintang Papua. 8 September 2011
Although thirteen of the fifteen Papuans who were arrested on 31 August have since been released, the National Human Rights Commission's (Komnas HAM) Papua branch is continuing to pay serious attention to what happened, said Mathius Murib, deputy chairman of the commission. 'We have been paying close attention to what has happened from the start up to the present moment,' he said. 'The proper procedures were not followed and the people who were detained were subjected to mal-treatment, and what is even more disturbing is that a child of 7 or 8 years old was kidnapped at the same time,' he said. After receiving complaints from the families of the victims, Komnas HAM decided to investigate the case.'Since receiving these complaints we have been conducting investigations which are still on-going.' Commenting on allegations by the KNPB - National Committee for West Papua - that the events in Papua that preceded the arrests had been deliberately set up, especially the incidents in Jayapura, he said that we would need to have evidence that this was true. 'People can express their opinion about this but everything needs to be based on careful investigations which can be properly accounted for.' 'We need to know who was responsible, what the motivation was and whether the incidents were deliberately set up or not.' When asked whether the incidents were being comprehensively investigated, he said he said that a number of incidents had occurred one after the other, almost daily, cases that need to be handled by the police.Moreover, some people were involved in several of the incidents. 'Is this a matter for the police or for the NGOs or for the Komnas HAM? Whatever the case, they must be dealt with, and it is mainly the responsibility of the police to do so.' Asked whether the Komnas HAM was conducting its own investigations, he said that this would depend on whether it falls within its authority to do so. The procedure requires that there should be an official request. Komnas HAM could make recommendations but that is all. But basically it is the responsibility of the police.' As yet, the government and the legislature have said nothing. 'Up until now, those who have been expressing their concern about the cases are the NGOs, the churches and Komnas HAM. But issuing statements is not enough; bodies need to do whatever is within their authority in order to change things for the better. This is a matter for the legislature which should exercise its powers to do so.' (from tapol)

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Alleged OPM members may be charged with Nafri and Skyland incidents
Bintang Papua, 19 September 2011
Jayapura: Two Papuans who are allegedly mmbers of TPN/OPM and who are facing charges in connection with the burning of a taxi and shootings that occurred in Kampung Nafri as well as at Skyland and were arrested on 31 August, are now at the stage of processing by the police force in Jayapura. In order to obtain more documentation about the case, the police have questioned two further witnesses. The results of these investigations cannot yet been reveal. The public relations officer of the police said that other witnesses were likely to be summoned which may hopefully speed up the handling of the case. These witnesses were being summoned as they may have seen people who fled when a group of armed criminals opened fire on local people. He said that one of the accused has been identified as PK who is alleged to have been involved in the killing of the driver of the taxi that was burnt and the other accused, EK was only allegedly involved in the burning and killing of the taxi driver in Skyland. 'It is hoped that the questioning of the witnesses will lead to the identification of other suspects.,' the official said. The police say that they intend to continue their investigations and hunt down other possible perpetrators in the case of the shootings in Kampung Nafri. (from tapol)

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Indonesian Minister on Papua Conflict: ‘We get it’
Agence France-Presse September 28, 2011
New York. Indonesian Foreign Minister Marty Natalegawa said on Tuesday that his government was fully aware of problems in restive Papua and was working to find a way to deliver autonomy. Speaking at the Council on Foreign Relations in New York, Natalegawa said that Indonesia has listened to human rights groups and sought ways to address legitimate concerns since the country embraced democracy in the 1990s. “The key thing here, to all our international interlocutors, friends, and [those] both critical as well as supportive: We get it,” Natalegawa said. He said that the two provinces of Papua “need special attention, special empowerment. Autonomy is the way to go.” “But when there are problems,” he said, “let’s address them in an inclusive way and problem-solving way rather than simply creating more challenges ahead.” Indonesia took over Papua in 1969 and has since faced a low-level insurgency. Human Rights Watch says that Indonesian forces have killed civilians and imprisoned peaceful activists. Indonesia in 2001 introduced autonomy in Papua -- a vast, mineral-rich province that shares an island with Papua New Guinea -- but local activists say that the implementation has been half-hearted and not improved their rights. Natalegawa stressed to his audience that Indonesia was open to change, saying that its positions at the UN Security Council on issues including North Korea and Myanmar has gradually evolved. Natalegawa said, without further details, that the government was considering its positions on Iran and human rights-related issues including capital punishment.


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Freeport workers stage another protest

The Jakarta Post 09/30/2011
Mimika: Thousands of PT Freeport Indonesia workers staged another protest in front of the Mimika Manpower Agency over what they said was a violation committed by the company. The protesters who have been on strike since Sept. 15, said the company had broken the law by recruiting new workers while they were on strike.
“We came here to report an alleged violation of the law [by Freeport]. Besides, we want to report the management for attempting to intimidate workers,” workers’ field coordinator Jimmy said Thursday as quoted by tempointeraktif.com. Mimika manpower agency chief Dionisius Mamayo said his office would study the alleged violation report. “Neither the company management nor employees can say whether the strike is legal. Only the court reserves the authority to decide that,” he added.


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Journalists Document Life in Rural Papua

Jakarta Globe Anita Rachman | September 27, 2011
Eighty percent of Papuans live in the approximately 3,000 kampongs spread across the country’s largest province, so any meaningful understanding of how Papuans live must start at the village level. That was the reasoning that inspired a group of journalists from the Voice of Papuan Women Tabloid (TSPP) to travel from village to village for more than two years. They talked to people and looked at the facilities and infrastructure, which the TSPP’s editor in chief, Angela Flassy, says remains predictably underdeveloped. Their findings from 34 villages, initially published weekly in the TSPP, were first collected into a book in 2009, “From Village to Village: The Journalistic Journey of the Voice of Papuan Women Tabloid.” Now a second book covering 13 villages is set to hit shelves. Paskalis Keagop, a senior editor at the TSPP, says the team of eight journalists checked on basic infrastructure such as “schools, puskesmas [community health centers], roads, bridges and markets. We also visited two mining areas.” He adds that in the 47 villages visited so far, “the conditions are generally the same.” “Education and health, these are the basic services that people need but that are lacking in general,” he says. He cites Wambes village, where residents have to rely on rainwater because of a lack of potable water sources. According to the account in the book, Frans Abar, the village chief, said that in 2008 the provincial public works office drilled a well to provide a reliable water source, as well as a reservoir to store the water only the officials never handed the keys to the well or reservoir to the village residents. No one in Wambes was involved in the process. Frans said it was difficult to find clean water in the area, especially during the dry season, forcing residents to resort to “living from rainwater.” Over in Puay village, the book tells of a shortage of a different sort: of teachers, doctors and nurses. The village has only one school, a state elementary school. Even then, the students can count themselves lucky if teachers show up three days a week. “Teachers don’t want to live in the village. They prefer to say in towns,” said Belsazar Doyapo, the village head. Puay also has a high number of malaria, tuberculosis and skin disease cases, caused mostly by the consumption of dirty water drawn from Lake Setani. But there are no doctors or nurses at the local health center. For treatment, residents have to take a two-hour boat ride to the nearest clinic. Paskalis says many other villages are in dire need of better education and health care. In a vocational school at a village in Sarmi district, for instance, many students have difficulty reading, he says. Angela says there are more schools being built across Papua, but few teachers are willing to accept what is widely seen as a hardship posting, and there are not enough books to go around. “It’s probably not a new story for you, but what can we say? The conditions five years ago, the conditions today and the conditions in the next five years won’t change, I don’t think,” she says. She points out that in Wambes, the local administration built a library, but the provincial administration did not supply it with any books, magazines or even newspapers. When Paskalis visited the village, he found the library had been overrun by a herd of goats. But Angela says she disagrees with the idea that the people of Papua live in poverty. “Because we don’t. Just look at our natural resources wealth,” she says. “The problem is that despite the presence of the government, we don’t feel that it’s actually governing.” The TSPP team says it has many more villages to visit. It adds that it has no ulterior motive for publishing the books, but is simply sharing Papuans’ stories with the rest of the country. “The government might see it as criticism,” says Yakobus Wally, a TSPP reporter. “But we don’t actually criticize them. We’re simply describing the reality on the ground.”
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Four Papuan students acquitted of makar charges
According to report received today from the defence team of five Papuan students from UNIPA university, four of the five men have been acquaitted by a court in Manokwari and will be released immediately. They had faced the charge of makar - subversion - in connection with their involvement in an event to mark the anniversary of the proclamation of the Independence of the Republic of West Melanesia on 14 December last year. The four acquitted men are Alex Duwiri, John Wilson Wader, Penehas Serongan and Yance Sekeyab. The fifth student, John Raweyai, who had jumped onto the platform to speak on the issue was found guilty and sentenced to nine months, with deduction for the time already served in detention. Yan Christian Warinussy, a member of the defence team, described the acquittal as a courageous decision by the panel of judges. He said that the men were the victims of mistaken arrest and investigation by the police who took them into custody. (from tapol)

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Island in focus: Many artifacts in disrepair in Papua museum
The Jakarta Post Mon, 09/26/2011
Jayapura: At least 700 of the 3,447 artifacts on display at the Papua State Museum are damaged due to poor maintenance, the museum’s curator Sukardi says. “Up to 200 are seriously damaged and 500 others are lightly damaged,” Sukardi said in Jayapura on Saturday. He said that most of the museum’s exhibits consisted of organic artifacts, and that the museum’s budget was not enough to cover repairs. “Most of the organic exhibits have been damaged by termites,” Sukardi said as quoted by Antara news agency. Sukardi, who participated in the project to restore Borobudur Temple in Central Java in the 1980s, said he had on many occasions asked Papua’s provincial culture and tourism office to increase the museum’s budget, but had received no response. Because of the inadequate funds, thousands of the exhibits at the museum are maintained using simple or low-cost methods, he said.


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Report of sweepings and arrest of Papuans, including an 8-year old girl
Report posted by KNPB Sentani on 2 September,2011
[Abridged in translation by TAOL]
\Sweepings of Papuan homes in South Jayapura district, Wakno subdistrict , West Papua. On 31 August , the homes of four Papuans were subjected to sweepings by the security forces of the Republic of Indonesia, specifically by the Army (TNI-AD), Brimob (special unit of the Indonesian police) and the police force of Papua. The four homes affected were the home of Gidi Wend, the home of Arman Koyoga, and the homes of Gembala Ciky Koyoga and Giben Kogoya. During the sweeping operation, thirteen Papuans were arrested. According to 13 witnesses who we questioned about the incident, the occupants of the four houses were in the houses at the time of the operation, some of whom were asleep. The security forces entered the area where the homes were located and started firing warning shots which traumatised the local people while the thirteen people who had been arrested, including a girl aged thirteen managed to flee but they were chased by the security forces and arrested again.They were then taken to the local police station, where ten were released while two were held and have been designated as suspects. The two are Ekimar Kogoya, 22 years, and Panius Kogoya, 20 years old. There is no information about the whereabouts of the eight year old girl. There are fears that she may have been killed or that something else happened to her. Her family are now looking for her.

The security forces that conducted the sweepings are formally charging the two now being held with involvement in the killings in Nafri last month and say that they are suspected of being members of the TPN/OPM. There is no basis for suspecting them as being involved in the TPN/OPM or involvement in the Nafri incident Our investigations suggest that the Nafri incident was perpetrated not by the TPN but by Kopassus. We therefore call on the police to halt their sweepings and arrests because there are no grounds for these activities to continue. These activities are resulting in many Papuans being victimised. And we call upon national and international organisations which are concerned about the situation in West Papua to exert pressure on the Papua police, the TNI-AD and Brimob to halt the injustices now underway in Papua. The arrest of an eight-year old girl in a serious breach of human rights laws in Indonesia according to which an eight-year cannot be held responsible for criminal actions and is in breach of the Indonesian Constitution. Port Numbay, 2 September 2011.

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Reports/opinion pieces/press releases etc.


FORUM COMMUNIQUÉ
http://forum.forumsec.org/pages.cfm/newsroom/press-statements/2011/forum-communique-42nd-pif-auckland-new-zealand.html

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Would An Independent West Papua Be A Failing State?
David Adam Stott The Asia-Pacific Journal Vol 9, Issue 37 No 1, September 12, 2011.
“Where it cuts across the island of New Guinea, the 141st meridian east remains one of colonial cartography's more arbitrary yet effective of boundaries.”1
On July 9, 2011 another irrational colonial border that demarcated Sudan was consigned to history when South Sudan achieved independence. In the process an often seemingly irrevocable principle of decolonisation, that boundaries inherited from colonial entities should remain sacrosanct, has been challenged once again. Indeed, a cautious trend in international relations has been to support greater self-determination for ‘nations’ without awarding full statehood.
http://japanfocus.org/-David_Adam-Stott/3597



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Leaks reveal it's past time to speak for West Papua
Jennifer Robinson SMH September 12, 2011
Having been unjustifiably targeted on the ''WikiLeaks Threat'' list in secret US documents leaked in February, I was somewhat surprised to be left off the Indonesian intelligence watch list leaked last month about West Papua. I mean, every man and Naomi Robson was on it. And I've been acting as lawyer to exiled Papuan independence leader Benny Wenda far longer than I've acted for Julian Assange.
http://www.smh.com.au/opinion/politics/leaks-reveal-its-past-time-to-speak-for-west-papua-20110911-1k40o.html


The Papuans’ (il) legitimate battle for independence

Harison Citrawan, Jakarta | Mon, 09/05/2011
Papua has once again come under not only the national but also the international spotlight. The situation was exacerbated by a leaked document about the Indonesian Army titled Autonomy of Papuan Separatists, on the Internet. Many human rights activists were quick to voice criticism over the report. ..
http://www.thejakartapost.com/news/2011/09/05/the-papuans’-il-legitimate-battle-independence.html

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West Papua: A history of exploitation
Aljazeera
West Papua was taken over by Indonesia in 1969, and a legacy of oppression and environmental devastation has followed.
NAJ Taylor Last Modified: 21 Sep 2011
http://english.aljazeera.net/indepth/opinion/2011/08/201182814172453998.html

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A history of violence at Indonesia mine

Aljazeera . NAJ Taylor Last Modified: 02 Oct 2011

Rio Tinto has cosy ties with the Indonesian military, who have a long history of human rights abuses. Investing in conflict-affected and high-risk areas is a growing concern for responsible businesses and investors. Companies based in developed countries often operate in lesser-developed foreign markets, where governance standards are lax, corruption is high and business practices are poor.
http://www.aljazeera.com/indepth/features/2011/08/2011828142858857222.html


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Residents Flee As Troops Mobilise

NewMatilda.com 9 Sep 2011

By Setyo BudiThousands of people have deserted their homes in the Central Highlands of West Papua as Indonesian troops step up their search for a rebel leader. Setyo Budi reports
http://newmatilda.com/2011/09/09/residents-flee-troops-mobilise


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West Papua Faces Security Crackdown

NewMatilda.com 5 Sep 2011

As security in West Papua deteriorates, local groups have stepped up their calls for dialogue with Jakarta. Joe Collins from the Australia West Papua Association reviews the latest developments

http://newmatilda.com/2011/09/05/west-papua-faces-security-crackdown



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Thursday, September 15, 2011

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-041-2011


INDONESIA: Manokwari court sentences two Papuan activists in flawed trial
September 15, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-041-2011



15 September 2011

[RE: AHRC-UAC-117-2011: Police ill-treats peaceful protesters and forces rebellion charges in a flawed process]
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INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

ISSUES: Freedom of expression; right to fair trial
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Dear friends,

The Manokwari district court in West Papua has sentenced two peaceful activists to seven and a half months and two years imprisonment respectively. The trial was characterised by a series of violations of the Indonesian criminal procedure and appeared to be politicised and biased. The victims had participated in a peaceful protest in December 2010. The Manokwari Court ignored several basic rights of the accused and the verdict was given despite the lack of sufficient evidence. Five more victims are still undergoing their trial process.

UPDATED INFORMATION:

On 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. The AHRC issued this urgent appeal regarding their case.

The AHRC has now received information from LP3BH, a local legal aid group in Manokwari that the judges panel led by Cita Savitri, issued the verdict that two of the peaceful protesters, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion, while the other accused are still undergoing the trial process. (photos:Daniel Yenu (left) and Melki Bleskadit (right) in court, source:LP3BH)

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses to the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted to be a witness in a trial. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years. (photo: public prosecutor at Yenu's trial source:LP3BH)

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu's trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim's lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

On 19 August 2011, the judges refused the request of Mr. Yenu's legal counsel to submit the plea to the court, although the Indonesia's criminal code in article 182.1b entitles the suspect to submit such a plea.

The AHRC is very concerned that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The Police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. The AHRC deplores the dysfunction and apparent politicisation of courts in West Papua as this leaves people without access to the law-based and impartial justice mechanisms, they are entitled to. (photo: judges at Yenu's trial, source:LP3BH)

SUGGESTED ACTION:
Please join us in writing to the authorities listed below, asking them to thoroughly review and examine the trial process against Mr. Bleskadit and. Mr. Yenu and to review the criminal code application against the peaceful expression of opinion.

Please be informed that the AHRC is sending letters on this case to the and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous peoples, and the Special Rapporteur on the independence of judges and lawyers calling for their interventions.

To support this appeal, please click here:


SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

Name of victim: Melki Bleskadit, Daniel Yenu
Names of alleged perpetrators: The examining judges, Cita Savitri, I Gusti Ngurah Taruna W and Helmin Somalay
Date of incident: August 2011
Place of incident: Manokwari District Court

I am writing to voice my deep concern regarding the verdict against two Papuan activists, who were sentenced to imprisonment for conducting a peaceful protest in December 2010.

I know that on 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

I have receive information that the judges panel led by Cita Savitri, declared the verdict that two of the peaceful protesters, Melki Bleskadit and Daniel Yenu, were guilty for acts of rebellion, while the other five victims are still undergoing their trial process.

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses of the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted as a witness in trials. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years.

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu's trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim's lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

I learned that on 19 August 2011, the judges refused the request of Mr. Yenu's legal counsel to submit the plea to the court, although the Indonesia's criminal code in article 182.1b entitles the suspect to submit a plea to the court.

I am very disturbed to hear that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law in this case. The verdict appears to be fabricated and I am very concerned about the impartiality of the local courts and their disregard for Indonesian criminal procedure.

Therefore, I urge you to review and examine the trial process of both victims. The authorities concerned should look into the victim's allegations of procedural failures in the local institutions and the ongoing lack of intervention – as far as I am aware - following the victims earlier complaints. The principle of fair trial as required by international and national law must be applied in the appeal's process in the case of Mr. Bleskadit, Mr. Yenu and the ongoing trials of the other five accused.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia
Phone : +62 21 3863777, 3503088.
Fax : +62 21 3442223

2. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
Indonesia
Phone: +62 21 392 5227-30
Fax: +62 21 392 5227
Email : info@komnas.go.id

3. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

4. Chief Justice of the Republic of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara No.9-13, Jakarta 10110
INDONESIA
Phone: +62 21 3843557 -3453348
Fax: +62 21 383541

5. Chairman of Judicial Commission
Komisi Yudisial Republik Indonesia
Jl. Kramat Raya No. 57, Jakarta Pusat
INDONESIA
Phone: +62 21 3905455;
Fax: +62 21 3905455;
Email: kyri@komisiyudisial.go.id

6. Head of Manokwari District Court
Jl. Merdeka No. 69
Nabire, Jayapura 98815
INDONESIA
Phone: +62 984 21007
Fax: +62 984 24087

7. Head of Jayapura High Court
Jl. Tanjung Ria No. 98. Base “G”
Jayapura 99117
INDONESIA
Phone: +62 967 541045, 541443, 541248
Fax: +62 967 541045


Yours sincerely,


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)






Document Type :Urgent Appeal Update
Document ID :AHRC-UAU-041-2011
Countries : Indonesia
Issues : Freedom of expression, Right to fair trial
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Wednesday, September 14, 2011

NM- Residents Flee As Troops Mobilise


NM -WEST PAPUA 9 Sep 2011
Residents Flee As Troops Mobilise

By Setyo Budi




Thousands of people have deserted their homes in the Central Highlands of West Papua as Indonesian troops step up their search for a rebel leader. Setyo Budi reports

Thousands of people have deserted their homes and are living in fear in jungle in the Central Highlands of West Papua as Indonesian soldiers search for those responsible for an attack on the police and army headquarters on Indonesian Independence Day (17 August).

A church official in the Paniai district told New Matilda they don’t know when the population will return. They are afraid of the heavily armed troops who are present in the town, and don’t want to become casualties.

The police have also been intimidating the local population. A local source told New Matilda that one of the police commanders in Paniai had sent an SMS to the district administrator calling for two residents to be "captured, tortured and killed or buried alive" for allegedly being members of the Free Papua Organisation (OPM).

Hundreds of Indonesian army and police officers have reportedly been deployed by air and land in the Paniai district since August 16, when John Magay Yogi, a 23-year-old field Commander of the National Liberation Army of Free Papua Organisation (TPN/OPM) Region IV, and his group ambushed police headquarters in Komopa, sub-district of Agadide, and seized two rifles. This incident was followed by a shootout, which started on August 17 at 1.55am around two villages close to the Paniai capital of Madi.

Yogi’s rebel group later attacked the police and army headquarters. The attack was motivated by revenge against the Indonesian security apparatus that has badly treated him and his family.

"I was imprisoned on April 9 in Nabire although the police could not produce any evidence," Yogi told New Matilda in a phone interview. "They accused me of defying the legitimacy of Indonesian authority in West Papua. I escaped. On another occasion the police confiscated my weapons and money when I attended a religious annual congress in Madi this year."

Yogi comes from a family that has a history of opposition to the Indonesian Government. His father, Tadius Yogi, was in charge of Territorial War Commands (KODAP) IV in Nabire and Paniai before being replaced by his sons.

Human rights violations in West Papua have bred resistance fighters. Like Yogi, 30-year-old Amatus Douw, the coordinator of International Forum for West Papua and one of the 43 West Papuan refugees who sought political asylum in Australia in 2006, told New Matilda about similar mistreatment he and his family have received from Indonesian army officers in the past.

"My father was a head of OPM in my town and became a target of the Indonesian military and police. In 1998, he was captured and tortured. He died two years later. In 1995 they kidnapped and tortured my mother when she did not reveal my father’s whereabouts, she died a year later," said Douw. His family’s ordeal is the primary drive for his political activism that started when he was in high school. It continued at Papua University in Manokwari. He was later targeted by the Indonesian military and police.

Human rights violations have significantly increased in West Papua, particularly in Puncak district, a rebel stronghold area where attacks are often launched against the Indonesian army. It is also known as the poorest region in Indonesia. According to Indonesia’s Human Rights Commission, since 2004 the military operations in the area have intensified. Cases of stigmatisation, torture and murder are common.

According to KontraS, a Jakarta-based human rights organisation, in 2010 alone there were eleven cases of torture, and three of these cases are now internationally known, after mobile phone footage of the torture was posted on YouTube.

One of these incidents involved Anggenpugu Kiwo and Telanggar Gire, civilians who were caught in a road on the way to Mulia, a district capital in Puncak Jaya, by Indonesian soldiers. They were suspected to be members of the OPM.

The Indonesian soldiers of battalion 7/Arvita PAM Rawan Puncak Jaya interrogated them. In the process they asked Kiwo to take off his clothes, tied his feet and hands and laid him on the ground. The soldiers put their feet on his mouth and chest, twice burned his genitals with charcoal and threatened to suffocate him with a plastic bag and behead him if he did not tell them where the OPM weapons were.

Such abuses happen often to West Papuans who do not cooperate with Indonesian soldiers. They generate a deep distrust towards the Indonesian army and government, and strengthen the desire for independence.

The population has also rejected a military public relations exercise as a way to win their hearts and minds.

In May this year the provincial command, Kodam XVII/Cendrawasih, began a four month program of community services that included activities such as building roads and bridges, repairing landslide-affected areas, rehabilitating housing, renovating schools and churches, providing health services, initiating reforestation, and developing farming and fishing activities in the area. The population strongly rejected the program and military presence in the area.

Since his arrival in Australia, Amatus Douw has campaigned for justice in West Papua. Earlier this year he wrote a letter to the Australian Government, calling on them to support West Papuans through international diplomacy. In the latest correspondence in April 2011, the Gillard government, via her Indonesia Political and Strategic Section of the Department of Foreign Affairs and Trade, acknowledged that human rights violations have occurred in West Papua. However, the letter stated, "the Indonesian Government takes firm actions against separatist activity", and the Australian Government "respects Indonesian territorial integrity including in West Papua".

Douw does not accept the Australian Government’s argument, as the integration of West Papua into Indonesia in 1963 was not legitimate. He expresses his fears about the region’s future: "Learning from East Timor, I am scared that a massacre will occur as the International community mount more pressure to the Indonesian government and military".