Media release -A people betraye

Australia West Papua Association (Sydney)

PO Box 28, Spit Junction, Sydney, Australia 2088

Media release 1 May 2012

A people betrayed

Forty nine years ago today, the United Nations Temporary Executive Authority (UNTEA) transferred administration of the Dutch colony of Netherlands New Guinea to Indonesia. From the moment Indonesia took over the administration from UNTEA, the oppression of the West Papuan people began and forty nine years later the oppression continues and so does the struggle of the West Papuan people for self-determination.

The West Papua National Committee (KNPB) plans to hold a number of peaceful rallies to protest the handover but the police have refused permission.    The Head of public relations for the Papuan Police said he expects that KNPB to respect the authorities. He also said if the KNPB staged a demo it would conduct surveillance on the demonstrators.

Joe Collins of AWPA said, we keep hearing how Indonesian is now a democracy yet 

in the past year the Indonesian security forces conducted numerous military operations throughout West Papua. In October 2011 there was the crackdown on the 3rd Papuan Peoples congress where security forces used excessive force when arresting up to 300 Papuans. Up to six people were reported killed and five of the organisers arrested and charged with treason. They received three years in prison for subversion.  Large numbers of rallies also took place with people calling for a true act of self-determination. 

If Indonesian was truly a democracy political prisoners such as Filep Karma and Forkorus Yaboisembet would not be in jail for simply being part of rallies where the Morning Star flag was raised. Indonesian should release all political prisoners immediately as a sign of good faith to the West Papuan people and governments including the Australia one should be encouraging Jakarta to do so.

Ends

“An Agribusiness Attack in West Papua: Unravelling the Merauke Integrated Food and Energy Estate” is now online at:

“An Agribusiness Attack in West Papua: Unravelling the Merauke
Integrated Food and Energy Estate” is now online at:
http://awasmifee.potager.org
(direct pdf download:
http://awasmifee.potager.org/uploads/2012/03/mifee_en.pdf )

The Merauke Integrated Food and Energy Estate (MIFEE) is a vast
mega-project, a plan for over a million hectares of plantations and
industrialised agriculture that threatens the people and environment
across the southern part of West Papua. Indonesian and foreign companies
have each claimed their share of the land, and offer the local Malind
people next-to-nothing in exchange for the forest that has sustained
them for countless generations.

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Amnesty International-Indonesia must end impunity for police violence

25 April 2012

Indonesia must end impunity for police violence

Police in Indonesia shoot, beat and even kill people without fear of prosecution, leaving their victims with little hope of justice, Amnesty International reveals in a new briefing. 

http://www.amnesty.org/en/news/indonesia-must-end-impunity-police-violence-2012-04-25

Report at 

http://www.amnesty.org/en/library/asset/ASA21/010/2012/en/4e9322f8-5dd3-4e81-9f6b-3be702934d5e/asa210102012en.pdf

AWPA letter re Filep Karma

Australia West Papua Association (Sydney)

PO Box 28, Spit Junction, Sydney, Australia 2088

Drs. Untung Sugiyono

Director General of Prisons



Ministry of Justice and Human Rights

Jl. Veteran No. 11
, Jakarta Pusat


Indonesia

22 April 2012

Dear Untung Sugiyono

I am writing to you on behalf of the Australia West Papua Association (AWPA) concerning the health of Filep Karma who is serving a 15-year sentence at the Abepura prison because he was part of a peaceful demostration where the  Bintang Kejora was raised.   

Doctors at the Dok Dua hospital in Jayapura conducted a medical examination last month and suspect a tumour of the colon. They have confirmed that he requires a colonoscopy and follow-up treatment. However as the necessary equipment is not available in Papua they have referred him to the Cikini hospital in Jakarta. Although the Abepura prison authorities have given permission for Filep Karma to travel to Jakarta, they have refused to cover the cost of his medical treatment and travel. By law, all medical costs for treatment of a prisoner at a hospital must be borne by the state (Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons).

Filep Karma has suffered a number of medical problems in detention, including bronchopneumonia, excess fluid in the lungs and a urinary tract infection. Filep Karma is also undergoing physiotherapy for an injury to his hip bone from a fall he suffered in detention in 2006.

I urge you to see that Filep Karma receives any medical treatment he may require and that the cost of such treatment be covered by the authorities in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations.

I also urge you to ensure that prison conditions and the treatment of prisoners meet the standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners. 

Filep Karma is a prisoner of conscience and we urge that he be  immediately and unconditionally released.

Yours sincerely

Joe Collins

Secretary

AWPA (Sydney)

CC.

Primo Alui Joelianto Ambassador, Indonesian Embassy Canberra

Liberty Sitinjak,  Head of Abepura Prison 


Daniel Biantong  Head of Papuan Provincial Department of Justice and Human Rights

URGENT ACTION PRISONER'S MEDICAL TREATMENT PREVENTED

http://www.amnesty.org/en/library/info/ASA21/017/2012/en
http://www.amnesty.org/en/library/asset/ASA21/017/2012/en/c4513a35-ac69-48fe-87da-62f66ecd2434/asa210172012en.pdf
UA: 109/12 Index: ASA 21/017/2012 Indonesia Date: 19 April 2012


URGENT ACTION
PRISONER'S MEDICAL TREATMENT PREVENTED


Indonesian prisoner of conscience Filep Karma is in urgent need of medical treatment. He needs to travel to receive this treatment, but the prison authorities have refused to pay for his transport and medical costs.
Filep Karma is serving a 15-year sentence at the Abepura prison in Papua province for raising a banned regional flag. Doctors at the Dok Dua hospital in nearby Jayapura conducted a medical examination last month and suspect a tumour of the colon. They have confirmed that he requires a colonoscopy and follow-up treatment. However the necessary equipment is not available in Papua province and they have referred him to the Cikini hospital in the capital, Jakarta. The Abepura prison authorities have given permission for Filep Karma to travel to Jakarta, but they have refused to cover the cost of his medical treatment and travel. By law, all medical costs for treatment of a prisoner at a hospital must be borne by the state (Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons).
Filep Karma has suffered a number of medical problems in detention, including bronchopneumonia, excess fluid in the lungs and a urinary tract infection. In July 2010 he was sent to a hospital in Jakarta for prostate surgery and other care. In November 2011 he was transferred to the Dok Dua hospital in Papua for an operation after he experienced bleeding haemorrhoids, chronic diarrhoea and blood in his stool. He has continued to pass blood in his stool since the operation. Filep Karma is also undergoing physiotherapy for an injury to his hip bone from a fall he suffered in detention in 2006.


Please write immediately in English, Indonesian or your own language:
ν Urging the authorities to ensure that Filep Karma receives full and immediate access to any medical treatment he may require;ν Urging them to cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations;
ν Calling on them to release Filep Karma, and all others prisoners of conscience in Indonesia, immediately and unconditionally;ν Urging them to ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 31 MAY 2012 TO:

Head of Abepura Prison
Liberty Sitinjak
Lembaga Pemasyarakatan (Lapas) Abepura
Jl. Kesehatan 11, Jayapura
Papua 99351, Indonesia
Fax: +62 984 24721Salutation: Dear Liberty Sitinjak

Head of Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37,
Kotaraja - Jayapura 99117,
Papua, Indonesia
Fax: +62 967 586112Salutation: Dear Daniel Biantong

And copies to:
Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights Jl. Veteran No. 11
Jakarta Pusat
Indonesia
Fax: +62 21 3483 2101

Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation Please check with your section office if sending appeals after the above date.

URGENT ACTION
PRISONER'S MEDICAL TREATMENT PREVENTED
ADDITIONAL INFORMATION
Filep Karma was arrested on 1 December 2004 after taking part in a peaceful ceremony in Abepura, Papua province. He was among approximately 200 people who took part in the ceremony during which the banned “Morning Star” flag, a symbol of Papuan independence, was raised. He was charged with “rebellion” (makar) under Articles 106 and 110 of the Indonesian Criminal Code, and sentenced to 15 years’ imprisonment on 26 May 2005. His sentence was upheld by the Supreme Court on 27 October 2005. Amnesty International considers him to be a prisoner of conscience.
In November 2011 the UN Working Group on Arbitrary Detention (WGAD) declared Filep Karma’s detention to be arbitrary on the grounds that he was imprisoned for the exercise of his rights to freedom of expression and peaceful assembly – Opinion No. 48/2011 (Indonesia). These rights are guaranteed in the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and in the Indonesian Constitution. The WGAD also found Filep Karma’s detention to be arbitrary because he had been subjected to an unfair trial. Article 14 of the ICCPR guarantees the right to a fair and public hearing by a competent, independent and impartial tribunal established by law.


The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medical treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment.
In view of the potentially serious nature of Filep Karma's medical problem, Amnesty International believes the authorities' refusal to arrange prompt and appropriate examination and medical care for him could amount to cruel, inhuman or degrading treatment.
Name: Filep Karma Gender m/f: m
UA: 109/12 Index: ASA 21/017/2012 Issue Date: 19 April 2012 

AWPA letter to Rt Hon David Cameron, MP.

Rt Hon David Cameron, MP.

Prime Minister,

10 Downing Street

London SW1

16 April 2012

Dear Mr Cameron,

I am writing to you on behalf of the Australia West Papua Association (AWPA) in Sydney concerning your visit to Indonesia. AWPA is particularly concerned that your Government will allow the sale of military equipment to Indonesia. Although it is true that Indonesia has made great progress towards democracy in recent years this has not translated to democracy in West Papua[1]. 

In the past year the human rights situation in West Papua continued to deteriorate with the Indonesian security forces conducting numerous military operations throughout West Papua in 2011.  In January 2011, three soldiers were put on trial for the torture of two West Papuan men that was captured on video and circulated on the Internet in October 2010. The video footage caused outrage around the world. The soldiers received light sentences of between 8 and 10 months and were not even charged with torture but with disobeying orders. The message West Papuans take from this is they will receive no justice under Indonesian rule. A number of articles in the Sydney Morning Herald in August 2011 reported on leaked Kopassus documents which showed lists of West Papuans who are supposed to be supporting separatism when in reality they are members of civil society organisations concerned about the human rights situation and the welfare of the people of West Papua. The documents show that the level of spying by the Indonesian military on West Papuans is oppressive, with agents spying at every level of West Papuan society. There is an obvious systematic campaign to intimidate both human rights defenders and the West Papuan peoples a whole . A large number of rallies also took place throughout the year with demonstrators calling for their right to self-determination, for a referendum and rejecting the special autonomy package.

In October 2011 there was a crackdown on the 3rd Papuan Peoples congress where security forces used excessive force when arresting up to 300 Papuans. Up to six people were reported killed and five of the organisers arrested and charged with treason. They received three years in prison for subversion.  At no time did these men commit violence and they have been jailed solely for peacefully expressing their political views as is their right under Article 19 of the Universal Declaration of Human Rights. As opposed to the three year sentence given to the five activists, no action was taken against the security force personal who were involved in the brutal crackdown and they received only written warnings. 

Amnesty International in its annual report 2011 on Indonesia states  

The security forces tortured and otherwise ill-treated detainees, and used excessive force against protesters, sometimes leading to death. No adequate accountability mechanisms were in place to ensure justice or act as an effective deterrent against police abuses. The criminal justice system remained unable to address ongoing impunity for current and past human rights violations. Restrictions on freedom of expression were severe in areas such as Papua and Maluku.

In May 2012 it will be forty nine years since Indonesia took over administration of West Papua from UNTEA in 1963 and the West Papuan people still continue their struggle for justice and self-determination. The large number of peaceful rallies by thousands of West Papuans calling for a referendum indicate just how unhappy West Papuans are with Jakarta's rule over their lives. Jakarta and the international community should be asking the question, why?

We urge you to rethink the sale of military equipment to Indonesia as we believe any equipment sold to Indonesia could be used against the West Papuan people.

Yours sincerely

Joe Collins

Secretary

AWPA (Sydney) 

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[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.

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Reply to AWPA letter from DFAT

Australian Government

Department of Foreign Affairs and Trade

Dear Mr Collins

Thank you for your letter of 17 March 2012 about the five Papuan men who were found guilty of subversion in Jayapura on 16 March 2012 and sentenced to three years imprisonment . I have been asked to reply on behalf of the Minister for Foreign Affairs.

While we do not support the political objective of those convicted, Australia has a consistent and universal position of upholding the right of persons to peacefully express their political views. Australian Embassy officials in Jakarta have raised our concerns with the Indonesian Government over the convictions . As you may be aware , we regularly bring up the issue of human rights in the Papuan provinces at senior levels with the Indonesian Government. Most recently , Papua and human rights were discussed at the meeeting between Senator Carr and Indonesian Foreign Minister Natalegawa on 15 March in Canberra. Australia will continue to urge Indonesian to respect the human rights of all its citizens.

As you would be aware , Australia is committed to the territorial integrity of Indonesia, including its sovereignty over the Papuan provinces. Australia believes the best means of achieving a safe and prosperous future for the Papuan provinces is through reinvigorating the process of Special Autonomy. Australia provides substantial development aid to the Papuan provinces, $16.4 million in 2010-11, while our efforts are aimed at improving governance and living standards.

Thank you for bringing your views to the attention of the Minister.

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