Commemoration of World Human Rights Day

Commemoration of World Human Rights Day – 10 December, 2009

Solidarity Movement of Survivors of Human Rights Violations in Papua

(BUK, IKOHIK2N-P2A, KontraS Papua, Foker LSM, SKP Jayapura, UKM Dehaling UnCen, BPM Fakultas UnCen, Senat USTJ, Senat STFT, PMKRI, AMPTPI, Front Pepera, Garda-P, Parjal, KNPB, Asrama Ninmin, Asrama Nabire, Asrama Nayak, Asrama Fak-Fak, Asrama UnCen, Asrama Sorong)

Commemoration of World Human Rights Day

10 December 2009

Press Release

“Stop Exterminating the People and Natural Environment of Papua”

Reflecting on the condition of Human Rights in Papua, from the 1960s until today, there is as yet no upholding of the law or of human rights -not in the international community, nor in Indonesia, nor in the land of Papua. This despite the fact that Human Rights are rights that are closely linked to the people and the community culture of Papua. All aspects Human Rights are very important and fundamental – in the civil, political, economic, social, and cultural spheres. Human Rights are not just a part of national rights that should be limited by the Government, nor should Human Rights be regulated by the vertical and horizontal institutions that act both directly and indirectly in Indonesia. The Government of Indonesia has yet to fulfill its own principles of protection, respect, and advancement of the rule of law. The ratification of International Human Rights conventions, under the authority of the United Nations, is still merely used as a political tool that only fills and stifles the embarrassment of the fact that the Indonesian Government is a part of the political system of global reconstruction, along with the international community, and other self-interested international parties.

The natural environment and the people of Papua themselves are still just a part of a long process of political reconstruction, which, in the past, has involved the United Nations as well as individual nations, such as England, Germany, Holland, Japan, America, and Indonesia. This process must be finished, because it has already resulted in complex, critical, and repeated human rights violations. The cases of human rights violations in the land of Papua must be put on the agenda and specifically discussed within the Human Rights Commission of the United Nations, not excused merely as an issue of “national rights” by the government of Indonesia. From the beginning, Indonesia itself was involved in the 25 year process of the development of the Rome Statute, from 30 September 1962 until 1 May 1988. Yet the status of Papua continues to be extended until now, including the Special Autonomy Legislation (Otsus 25).

The provisions and implications of “development” impact the cases of human rights violations that occur these days in Papua. These human rights violations have swallowed many victims, through both direct and indirect means. These human rights violations are committed by the country of Indonesia with the involvement of PT Freeport and other foreign corporations, as well as national and local corporations, towards the natural environment and people of Papua. These human rights violations occurred in the past, occur today, and continue to expand at a highly complex and critical level.

The people’s rights to their land, to the forest, and to other natural resources have been plundered. Destruction of the natural environment and loss of the resources of the natural environment, especially in the area around PT Freeport, still continues to this day.

Whereas in the past it was ABRI (Indonesian armed forces), now it is the TNI (current name for the Indonesian armed forces) and the police, who use such methods of violence as those used in a special military operations area. These methods include: forced disappearance, genocide, subversion, and other crimes against humanity, both obvious and hidden within the current process of development. Operations of this sort that have already been carried out include: Operation Sadar (1965-23 March 1966), led by Brigjen R. Kartidjo; Operation Barata Yudha (23 Maret 1966- 1967), led by Brigjen R. Bintaro; Operation Wibawa (1967-1969); Operation Pamungkas (1969-1971); and the slaughter of the Dani people in 1977.

Indonesia did not bring a decent design for development to the land of Papua, until the recent Era of Reformation. Reformation, as a part of the political process that is directed at the crisis of law and human rights in Indonesia, also includes the Era of Special Autonomy in Papua that is characterized by protection and affirmation. Thus it was only recently that the Government of Indonesia created Law Number 39 in 1999, and Law Number 26 in 2000, which dealt with a court of Human Rights.

Then came the Special Autonomy Law in Papua Province, which included provisions for a Delegation of the National Human Rights Commission in Papua, a Human Rights Court, and a Truth and Reconciliation Committee – all of which supposed have been set up by the Ad Hoc Legal Commission and drafted as national human rights legislation. Actually this is erroneous and incorrect, because these three institutions mentioned in Section 32 of the Special Autonomy Legislation are based on International Human Rights Law and should be implemented universally. One example is the human rights court case of Abepura 2000, that was tried in Makassar. This trial was a nightmare for the victims, both the victims of Abepura and victims of other human rights cases in Papua. It was only a mock trial, a show; there were victims, but no perpretrators, the court process was very delayed and closed, the outcome was only administrative, and it was ended by the judge, without giving the two accused (Jhoni Wainal Usman and Daud Sihombing) any kind of penalty at all. This despite the fact that the accused were responsible for the victimization of 105 civilians and students, wherein 3 civilians died during the events of Abepura and 7 more died from cruel torture and hemorrhaging. This is all very obvious, but the State did not carry out sanctions of any kind towards these 2 perpratrators of crimes against humanity. Instead, the State glorified the names of Jhoni Wainal Usman and Daud Sihombing and gave them promotions.

The Case of Human Rights Violations of Bloody Abepura, 7 December 2000, will become an example of all other cases of human rights violations in Papua, within the context of Indonesian Law; such as Bloody Biak 1999, Wasior 13 June 2001, Bloody Wamena 6 October 2000 and 4 April 2003, the murder of Theys Eluay and the disappearance of Aristoteles Masoka on 10 November 2001, the shooting of Opinus Tabuni on 9 August 2008 (about which, until now, the police have yet to pronounce any suspects), the murder of Melkianus Agapa in Nabire by the police in 2009, and the shooting of several Papuan citizen gold miners at the tailings area of PT Freeport in 2006.

The most recent development is the stigmatization of the people of Papua as seperatist or subversive by the security forces (military and police). This stigmatization manifests as arbitrary arrests, pursuit and instigation, in order to curtail the human rights movement and democracy in the land of Papua. This pattern can be seen in the most recent cases, such as Filip Karma, Yusaf Pakage, Selfius Bobi and his comrades, Buchtar Tabuni, Seby Sembom and his comrades, Musa Diaz, Yance MTE. In addition, the influx of TNI (military) and police to Papua continues to increase, both organic forces (recruited from local population) and non-organic forces (recruited from outside of Papua), deployed to serve under the new military provincial command centers in Papua which are justified as necessary for “security”. Another serious issue is that all this is happening during the period of the ambiguous “Special Autonomy”, including the division of Papua into more provinces, the addition of 2 more provincial military command centers, and the return of refugees from Papua New Guinea. The returning of the refugees from PNG was not done according to international legal procedures, especially the refugees of the events of 1984, who were surrendered by the UN through the UNHCR to the government of PNG in 1992, but whose fate is still unclear.

The increase in the number of security forces also has the dimension of draining the natural resources, both metal and non-metal, from the natural environment of Papua. The upshot is that wherever the (native) people have traditional rights to their resources, they come into conflict with the security forces, which results in human rights violations. This exploitation (by the security forces) takes many forms: illegal logging, land seizure, illegal fishing, mining theft (such as that already done by PT Freeport, BP LNG Tangguh in Bintuni, and others), other kinds of illegal mining (like in Dewego, Paniai, that is allowed to continue by the federal government that colludes with the military, police, and government officials at both the provincial and local levels.

The government is unable to empower the indigenous people of Papua, rather the economic system is controlled by non-Papuan immigrants, which contributes to an increasing problem of discrimination towards the lifestyle of the Papuan people. Moreover, 72.72 % of the Papuan people live below the poverty line. Truly, with all the cruelty of the State towards the rights to life for Papuan people, its as if the Papuan people aren’t valued as human beings, as if the Papuan people aren’t human at all, because humans have the right to live. There is also a narrowing of space to grow local Papuan indigenous crops, so that the Papuan people become dependent upon subsidized rice, which has very low nutritional value. This shows the indifference of the government to developing the farming, gardening and fishing sectors of the economy for the benefit of the Papuan people. So that what will happen is a food crisis in the land of Papua.

Based on the aforementioned facts, we that are gathered as the Solidarity Movement of Survivors of Human Rights Violations in Papua, 10 December 2009, urge and demand the following:

United Nations should soon release a Resolution from the UN Commission on Human Rights, Commission on Indigenous Peoples, UNHRC and other international bodies, said resolution to detail a process of reconstruction that is humane, both for Papua and for other countries, effecting political reconstruction in Papua for the past present and future.
The environment and the people of Papua have suffered under a process of political reconstruction which has victimized the Papuan people through a process of integration of education, not political integration, that has given birth to political fugitives, refugees, genocide, various forms of stigmatization (such as subversion, seperatism, and “makar”), and the exploitation of natural resources. This process must be stopped.
Countries and multinational corporations that were involved in the political reconstruction of Papua in the past must take responsibility for the environment and people of Papua through a process of humane reconstruction for the benefit of the people of Papua as victims of human rights violations.
The international community must pay close attention to the fate of the victims of human rights abuses in Papua, through a process of reconstruction that is humane, especially towards victims of human rights violations.
Reconsider all the policies of Indonesia regarding the development of the Papuan people, especially policies of exploitation of natural resources, and stop the constant dividing up of provinces, districts, and cities, as well as stop plans to build more provincial military command centers.
The provincial legislature and the Governor of Papua must put a halt to all investment that damages or marginalizes the rights of the traditional community.
Urge the Governor, the provincial legislature, and Papuan Police, both in Papua Province and in West Papua Province, to push for formal evaluation of the security policies in the land of Papua and to give a rationalization for the amount of organic and non-organic military forces.
The provincial legislature must make draft bills to fulfill the rights of the victims of human rights violations in Papua, as the responsibility of the State.
The provincial legislature should urge the central government to free all Papuan political prisoners and create an Ad Hoc Team in order to investigate and completely go over the cases of violence and discrimination towards Papuan political prisoners throughout Indonesia.
The central government and the provincial government must prepare infrastructure (healthcare facilities) and seriously implement Free Healthcare and Free Education in order to progress and raise the productive cultural values of the Papuan People.
The provincial government and the provincial legislature must install a Traditional Market for the Indigenous Sellers of Papua as a concrete way of raising the people’s economy.