United Nations and Non-Self-Governing territories

The basic idea of the UN Charter is given in article 1, which in part 2 says "To develop friendly relations among nation based on respect for the principle of equal right and self-determination of people, and to take other appropriate measures to strengthen universal peace"

The Charter in chapter 11 provides respect for the equal rights & self-determination of Non-Self-Governing territories which are occupied by UN members by telling those UN nations how to treat the non-self-governing territories.

The Charter in chapter 12 defines a "Trusteeship System" by which the UN can occupy or administrate a non-self-governing territory, a "trust territory". The chapter allows options for either the UN or a member of the UN to be the colonial power to occupy and administrate the trust territory.

Finally, the Charter in chapter 13 creates a Trusteeship Council and explains obligations which the Trusteeship Council has towards non-self-governing territories which are subject to the Trusteeship System.

If the UN allows one of its members to administrate a trust territory, the only remaining duties of the Trusteeship Council towards the trust territory are articles 87 and 88 of the Charter; to consider petitions about the territory, and to ask questions about the territory. In effect articles 87 and 88 perform the same function as article 73(e) does for other non-self-governing territories, to provide information to the UN about the colony each year.

The purpose of the "Trusteeship System" is stated in article 76, which in part says is to promote them "towards self-goverment or independent". In the UN Charter there is no means of ending Trusteeship, but in article 78 it says "The trusteeship system shall not apply to territories which have become Member of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality."

The result of Chapter 12 and article 1 of the UN Charter is that the UN must recognise an act of self-determination by trust territories as soon as possible.

Look :

• Voice Of West Papua
• West Papua Forum

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Concerned WPAT, RI Limiting UN Special Rapporteur Visit Papua and Ambon Prisoner

West Papua Advocacy Team
c/o PO Box 21873
Brooklyn, NY 11202-1873
wpat@igc.org
+1- 575-648-2078

The Honorable Hillary Rodham Clinton
Department of State
Washington, DC 20520

Dear Secretary Clinton,

The West Papua Advocacy Team respectfully requests that you raise the following concerns in your upcoming meetings with Indonesian officials during your visit to Jakarta:

The Killing of Mako Tabuni

On June 14 in West Papua, Government of Indonesia security elements shot and killed Mako Tabuni, a prominent Papuan human rights advocate. According to eyewitnesses, Mr. Tabuni was shot by plainclothes officers after he eluded their attempts to force him into an unmarked vehicle. Although he was badly wounded, the plainclothes officers failed to take him to a nearby hospital and instead brought him to a distant police facility where he died. The appearance and modus operandi of the security officials strongly suggest that they were members of the U.S.-funded "Detachment 88." This unit has been accused of human rights violations in West Papua and elsewhere by reputable human rights organizations.

The issue of impunity continues to prevail in Indonesia and Timor-Leste because the authorities of the two governments only want to improve diplomatic relationships and have neglected the human rights violations that occurred during the Indonesian occupation.
We strongly urge you to insist that the Government of Indonesia conduct a thorough and transparent investigation of the killing of Mako Tabuni.

Military Operations Impacting Civilians

For decades the Government of Indonesia has conducted military operations in remote areas of West Papua purportedly aimed at countering the activity of the small, lightly-armed Papua Freedom Movement (OPM). These operations have severely affected local civilians resulting in the destruction of homes, places of worship and public buildings, and causing the flight of civilians to nearby forests where they face life threatening conditions. Invariably, security forces impede efforts by humanitarian relief organizations to assist these displaced civilians. Many civilians have died as a result of these military operations. Currently such an operation is underway in the Paniai region.

We strongly urge you to call on the Government of Indonesia to cease resort to armed measures to address largely peaceful Papuan protests and to permit humanitarian relief organizations to respond to the urgent human need generated by these military operations.

Provision of Vital Human Services to Papuans

Since assuming control of West Papua through the widely discredited "Act of Free Choice" over 40 decades ago, the Government of Indonesia has consistently failed to provide minimally adequate health, education and other vital services to the Papuan people. That failure has resulted in health and education indices for the Papuan population that are consistently among the lowest in Indonesia and the region and have prompted charges that Jakarta's malign neglect of the Papuan people's basic human needs amounts to genocide.

We strongly urge that you press the Government of Indonesia to address the dearth of human services in West Papua and that the U.S. Government increase its own assistance, particularly in the areas of health, education and creation of employment opportunities for the systematically-marginalized Papuans.

Papuan Political Prisoners

Human rights organizations such as Amnesty International and Human Rights Watch have repeatedly accused the Government of Indonesia of incarcerating Papuans for peaceful activities protected under international covenants assuring the right to peaceful political activity and the right to assembly. Moreover, these organizations and a 2007 report by a UN Special Rapporteur determined that conditions of incarceration for these (and other) prisoners and detainees do not meet minimal international standards. Recently, Papuan political prisoner (and Amnesty International Prisoner of Conscience) Filep Karma has suffered delays in the provision of crucial medical services guaranteed him under international covenants to which Indonesia is a signatory party.

We strongly urge you to raise with Indonesian officials concern over the continued persecution of peaceful dissent by Papuans and their mistreatment when in custody, including the Indonesian government's failure to provide minimally adequate medical care as required under international law.

U.S. Sale of Attack Helicopters to Indonesia

In March of this year, 90 international NGO's urged the U.S. not to sell AH-64 Apache attack helicopters to Indonesia. These organizations argued that provision of these helicopters would pose a direct threat to Papuan civilians, who have suffered deadly TNI (Indonesian military) assaults for many years. Specifically, the NGO's noted that the heavily-armed AH-64 was a highly lethal weapon which could be used to escalate conflict within Indonesia and in West Papua as these aircraft would substantially augment the TNI's capacity to prosecute its "sweep operations" in West Papua. The consequence of this augmentation of the TNI arsenal would lead to increased suffering among the civilian populations long victimized by such operations.

We again urge that the U.S. government not approve the sale of this weapon system to the Indonesian military and that you use the occasion of your visit to inform the Indonesians that the sale will not go forward.

Calls for Government of Indonesia-Papuan Dialogue

Respected Papuan leaders have long called on the Government of Indonesia to engage in an internationally mediated dialogue with the Papuan people regarding the future of West Papua. At the July 2011 "Papua Peace Conference" which convened in Jayapura with more than 1,000 in attendance, Papuan representatives were selected for such a dialogue. The Indonesian Government observed this conference at the ministerial level.

Welcoming past U.S. Government support for a dialogue, we urge you to reiterate U.S. Government encouragement for such a dialogue.
 

Thank you for your consideration of our concerns.

Respectfully,
The West Papua Advocacy Team

 
The West Papua Advocacy Team is a U.S.-based NGO composed of academics, human rights defenders and a retired U.S. diplomat.

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Isolate Film

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ETAN : West Papua Report January 2013

This is the 105th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN). Back issues are posted online at http://www.etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com. If you wish to receive the report directly via e-mail, send a note to etan@etan.org.

For additional news on West Papua see the reg.westpapua listserv archive or on Twitter.

WPAT Note: With the October 2012 edition, West Papua Report changed format: The Report now leads with "Perspective," an opinion piece; followed by "Update," a summary of some developments during the covered period; and then "Chronicle" which lists of statements, new resources, appeals and action alerts related to West Papua. Anyone interested in contributing a "Perspective" or responding to one should write to edmcw@msn.com. The opinions expressed in Perspectives are the author's and not necessarily those of WPAT or ETAN.
See also West Papua Advocacy Team Urges Unrestricted Visit by UN Special Rapporteur

 

CONTENTS

This edition's PERSPECTIVE discusses Indonesian presidential aspirant Lt. General (ret) Prabowo dark role in West Papua's past. In the UPDATE section, we review the Indonesian security forces' expanding campaign of violence targeting self-determination advocates associated with the West Papua National Committee (KNPB). We also summarize the implications for human rights of the proposed new "anti-terrorism" law and describe the continuing destruction of pristine forests throughout the Indonesian archipelago. In CHRONICLE: a new Asian Human Rights Commission "alert" about police violence in West Papua, a report by the Alliance of Independent Journalists regarding the rise of threats and violence against journalists, and the Australia West Papua Association Sydney's review of human rights developments in West Papua. This edition also highlights a critique of the Merauke Integrated Food and Energy Estate project (MIFEE) by Indigenous Peoples Organization of Bian Enim.

PERSPECTIVE
Prabowo and Papua, by Edmund McWilliams

WPAT's Edmund McWilliams is a retired U.S. Foreign Service Officer who served as the Political Counselor at the U.S. Embassy in Jakarta. 1996-1999. He worked closely with sources cited in the following account.

The list of likely candidates in the Indonesia's 2014 Presidential election includes Lt. General (ret) Prabowo Subianto, leader of the "Great Indonesian Movement Party" (Gerinda). His candidacy has generated concern over the future of democracy in Indonesia, because of the retired General's well-documented record of human rights violations and his admitted role in a coup attempt.

Prabowo, was forced out of the Indonesian army in August 1998 following revelations of his role in the kidnapping, torture and murder of peaceful democratic activists in 1997-98 and due to his apparent central role in sparking May 14, 1998 anti-Chinese riots in Jakarta and several other major urban areas. Prabowo has confessed his role in the kidnappings, but told foreign journalists that his "conscience is clear." In 2000, Prabowo became the first person to be denied entry into the United States under the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

Robert Gelbard, former United States Ambassador to Indonesia, described Prabowo as "somebody who is perhaps the greatest violator of human rights in contemporary times among the Indonesian military. His deeds in the late 90s before democracy took hold, were shocking, even by TNI standards."

Prabowo's rapid rise to power was based on nepotism. He married the dictator Suharto's youngest daughter, Titiek Suharto. Prabowo's father, Sumitro Djojohadikusumo, was a cabinet minister under both President Sukarno and Suharto. Although, he financed an armed rebellion against President Sukarno in 1957-58. His son's career also benefited from close ties to the United States military, which trained him in the U.S. and provided the forces he commanded special training and access to U.S. military technology.

Prabowo's military record, early on, demonstrated a disregard for human rights. In 1976, Prabowo was a commander of Group 1 Komando Pasukan Sandhi Yudha and took part in the Indonesian army's Nanggala Operation in East Timor. He led the mission to track down Nicolau dos Reis Lobato, a founder and vice president of Fretilin, who became the first Prime Minister of East Timor after the declaration of independence in November 1975. Lobato - who had become East Timor's second President - was shot in the stomach and killed after Prabowo's company found him on 31 December 1977. The Indonesian military reportedly decapitated the body and sent Lobato's head to Jakarta.

Prabowo was appointed vice commander of Kopassus's Detachment 81 in 1983 before receiving commando training at Fort Benning, GA, in the U.S. As commander of Kopassus Group 3, Prabowo attempted to crush the East Timorese independence movement. To terrorize the population, he employed militias trained and directed by Kopassus commanders and hooded "ninja" gangs, who operated at night dressed in black. In East Timor, Prabowo "developed his reputation as the military's most ruthless field commander. [1]

Prabowo is "somebody who is perhaps the greatest violator of human rights in contemporary times among the Indonesian military."

While Prabowo's notorious reputation is based, to a significant extent, on his 1998 anti-democratic and inhumane exploits and his role as a butcher in East Timor, less is known of the key role he played in West Papua. In 1996, Prabowo led the Mapenduma Operation to secure the release of 12 researchers from the World Wildlife Fund's Lorentz expedition taken hostage by the OPM several months earlier. While five of the researchers were Indonesian, the others were English, Dutch and German. The presence of Europeans among those abducted drew international attention to the obscure struggle for self-determination in West Papua.

Prabowo seized upon the crisis as a means to enhance his reputation domestically and with the international community. He devised a plan whereby the hostages would be released via negotiations between himself and their captors. After lengthy negotiations mediated by the local office of the International Committee of the Red Cross (ICRC), the OPM commander Kelly Kwalik agreed to turn over all hostages in exchange for a military promise of no reprisals and an ICRC pledge to establish a network of health clinics in the remote Mapenduma area. The deal fell through at the last minute.

The Indonesian military's version of events, quickly accepted by Jakarta-based embassies which were monitoring developments, was that Kwalik had had an inexplicable "change of heart" and had fled the village of Geselema where the transfer of hostages was to take place. There followed a clumsy Indonesian military attack on the village (already evacuated by Kwalik) which killed up to eight civilians. The foreign hostages eventually escaped their captors and reached Indonesian military encampments.

However, in separate interviews with the author of this article, the two most senior ICRC officials provided an entirely different account of events. On the eve of the transfer, the senior ICRC official involved in the negotiations was summoned by Prabowo to his military headquarters in West Papua. There, an enraged Prabowo told the ICRC official that Suharto's elder daughter, "Tutut," was planning to fly to West Papua the following day to officiate at the hostage transfer in her capacity as Indonesian Red Crescent chairperson. This, Prabowo told the ICRC official, would rob him of the credit for the hostage rescue. Prabowo pressed the ICRC official to telephone Jakarta and press for Tutut to abort her mission. The ICRC official made the call but learned that Tutut was already enroute. Prabowo, according the two ICRC senior officials who spoke with this author, then moved to scuttle the transfer. This was done by conveying to Kwalik through a source Kwalik trusted that the Indonesian military had been acting in bad faith all along and would immediately target Kwalik and his personnel once the transfer had taken place. This, the ICRC officials claimed, was the reason for Kwalik's last minute "change of heart."

The aborted hostage transfer led to a brutal campaign of reprisal attacks by the Indonesian military (largely Kopassus) against highland villages thought to be sympathetic to the OPM.

"We, Papuans, are not terrorists. I regret the decision to even think of using that law to respond to local violence. Even without that law, the police already treat Papuans as terrorists. Can you imagine what they would do with the [anti-terrorism] law?"

Catholic priest John Jonga warned that security personnel would take use of the law as license to use violence against Papuans in the name of counterterrorism. "We, Papuans, are not terrorists. I regret the decision to even think of using that law to respond to local violence. Even without that law, the police already treat Papuans as terrorists. Can you imagine what they would do with the law?"

Poengky Indarti of Imparsial suggested that the plan for the Antiterrorism Law in Papua, could heighten the already tense atmosphere in the province. "The law doesn't provide a clear definition of terrorism. The police could interpret it subjectively and use it for their own purposes."


Indonesian Military Shoot Seven Civilians, Killing Four

The Indonesian military shot seven Papuan fisherman near Pulau Papan District in West Papua, killing four, according to a December 28, 2012 report in Bintang Papua (translated by TAPOL). It is unclear why the men were shot and one solider is being questioned by the military police. The bodies of the four were under water for almost a week.

The South Sulawesi Families Association called on the military command to make a statement, but the military have as yet failed to clarify what happened. A spokesman of the association said that they were trying find other victims of the shooting.

Deforestation Continues at Rapid Peace

Latest Indonesian Forestry Ministry figures put the area of remaining primary rainforest in the Indonesian archipelago at less than half of the 130 million hectares of land the ministry currently defines as forest, with most of the remaining pristine rainforests in West Papua. Very little is left in Sumatra and Kalimantan. More than a third of Sumatra's forests have been destroyed over the last 20 years. Recent expansion in Kalimantan has pushed deforestation rates to rival those recorded in Sumatra. Extractive industries are now targeting the largest remaining tracts of pristine rainforests in Papua.

CHRONICLE
Indonesian Security Forces Have Killed A Peaceful Activist in Custody

The Asian Human Rights Commission on December 21 issued an "urgent appeal" regarding the killing of a pro-independence Papuan activist while in custody and the wounding of a second. Reportedly, members of the infamous Detachment 88 shot both Hubertus Mabel and Natalis Alua, in Milima, Kurulu District on December 16. Hubertus Mabel was killed and Natalis Alua injured. The killing followed the arrest and interrogation at gun point of three other members of West Papua National Committee (Komite Nasional Papua Barat, KNPB) named Simeon Daby, Meki Kogoya and Wene Helakombo on December 15, 2012. Security officials forced the three KNPB members to lure Mabel and Alua to a fatal meeting at which Detachment 88 personnel fired on Mabel and Alua after they had been detained and were lying on the ground. Mabel was also stabbed in the chest.

Locals Critique MIFEE Project

The Indigenous Peoples Organization of Bian Enim on December 21 released a powerful indictment of the impact of the Indonesian government's MIFEE (the Merauke Integrated Food and Energy Estate) project. The report highlights the environmental pollution and the failure to involve clan leaders in the planning. The organization demands include and end to the usurpation of private land and compensation for damage already caused.

The Alliance of Independent Journalists Reports Violence and Intimidation of Journalists on The Rise in Papua

The Alliance of Independent Journalists (AJI) recorded twelve cases of violence and intimidation against journalists Papua during 2012. A significant increase as compared with 2011, when there were seven cases. The great majority of the cases involved physical abuse and intimidation by Indonesian security forces and other members of the Indonesian administration. In two instances the KNPB was implicated in the intimidation of journalists.
 

Eben Kirksey on West Papua

WPAT co-founder Dr. Eben Kirksey, author of Freedom in Entangled Worlds: West Papua and the Architecture of Global Power, recently published an article in the Huffington Post on developments in West Papua.

AWPA Sydney Produces West Papua Human Rights Review

The Australian West Papua Association Sydney has produced a detailed and comprehensive review of human rights developments in West Papua for 2012. The report details incidents of human rights abuses in the past year and in particular looks at the crackdown on the KNPB. The report offers recommendations to the Australian and Indonesian governments, and the leaders of the Micronesia Spearhead Group and Pacific Islands Forum.

Link to this issue: http://etan.org/issues/wpapua/2013/1301wpap.htm

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Five Key Indigenous Peoples Issues For The Week Of January 3 - 10, 2013: Canada, Chile, Belize, Bangladesh, West Papua

Canada: Federal Court Recognizes Mètis And Non Status Indian Rights

The BC Mètis Federation applauds a Federal Court ruling today that recognizes and reinforces Mètis and non status Indian rights in Canada under section 91(24) of the Canadian Constitution of 1867. The off reserve community is an estimated population of 600,000 and access for health care, education, and other Aboriginal rights have been largely ignored by governments despite Constitutional protection. For years Mètis communities and organizations have called the inequality of defining Aboriginal rights and access as discriminatory. This has led to fighting between a Federal and Provincial Governments disputing about who is legally responsible for the Mètis people of Canada and in British Columbia. Moreover this jurisdictional confusion has also created tension between Mètis and First Nations.

Deceased Mètis leader Harry Daniels led the original legal action in the 1999 when he had sought to have the court clarify whether Ottawa or the Provinces were responsible for the more than 600,000 Aboriginal peoples across Canada who are either Metis or live off-reserve. This case was advanced to address issues such as:

• Access to the same health-care, education and other benefits made available to status Indians;
• Being allowed to hunt, trap, fish and gather on public lands; and,
• The ability to negotiate and enter into treaties with the federal government.

Read more about the federal court decision recognizing Metis and non-status Indian rights in Canada here....

Chile: Historic Mapuche Land Conflict Flares Up

A string of attacks in the southern Chilean region of Araucanía, where native Mapuche people are struggling for their land rights, puts the spotlight squarely on what analysts call the “supine ignorance” displayed by authorities about the country’s history.

Two persons died in an arson attack on Friday Jan. 4 in one of a series of recent crimes in the so-called “red zone”, the epicentre of the Mapuche conflict, which has often been marred by violence and frequently met with bloody retaliation from security forces. There were more incidents over the weekend, including the torching of lumber trucks, in which no one was injured.

The Mapuche, the country’s largest indigenous group, numbering some 700,000 people, are demanding the return of their ancestral lands.

Wealthy landowner and forestry businessman Werner Luchsinger and his wife Vivianne McKay died on their Lumahue ranch, in the municipality of Vilcún, 640 kilometres south of Santiago, when their home was burned to the ground.

Preliminary police reports indicated that the perpetrators were 20 masked or hooded individuals who set fire to the property belonging to the 75-year-old timber tycoon, who fought the attackers with gunfire until he was overwhelmed.

A man fleeing the scene, suffering from a gunshot wound, was arrested by police. The justice authorities have designated a prosecutor specifically for this investigation. Read more about the ongoing land conflicts in southern Chile with the Mapuche here....

Belize: Toledo Alcaldes Association Conducts Swearing-In Of New Alcaldes

On Saturday January 5th, 78 First and Second Alcaldes were sworn at Father Ring Parish Hall, Punta Gorda Town. This ceremony was a momentous event for the 38 Maya villages of the south as their traditional leaders take office to lead them into 2013 and 2014.

Special remarks were made by Mr. Enerst Banner of the Ministry of Rural Development who maintained that the ministry will continue to collaborate with the Alcaldes. Inspector Ernel Dominguez, commanding officer of Punta Gorda Police formation, affirmed that the Alcaldes play a very important role in policing and that the police will remain committed to their partnership with the Alcaldes especially through its Community Policing program.

Attorney for the Maya people, Antoinette Moore, spoke on the topic of Rights. She asserted that as Indigenous Peoples, the Maya communities have a right to exercise their own forms of social institutions such as the Alcalde system. Guest speaker Chief Magistrate Ann Marie Smith congratulated the Alcaldes for taking on the mantle of being custodians of law and order especially in these times when crime is becoming more prevalent. She spoke to the Alcaldes on principles of Integrity, Independence and Fairness. She encouraged the Alcaldes to ‘do right when no one is looking’, to be ‘free from improper influence’ and to be ‘balanced in their reasoning.’ The Chief Magistrate asserted that incorruptibility must be a bench mark of all magistrates and ‘to be one of the Alcaldes who cannot be bought.’ Read more about the election of new alcaldes in Belize by the Maya Toldeo Alcaldes Association here....

Bangladesh: A Minor Indigenous Marma Girl Killed After Rape In Kaukhali - Update Of Rape And Killing Of Thumaching Marma - One Perpetrator Arrested

On 6 January 2013 one of the alleged perpetrators Md. Alauddhin s/o late Mafijur Rahman who was believed to rape and kill a 14-year old indigenous girl Thomaching Marma at Kaukhali upazila in Rangamati district was arrested by the police. Sources also confirmed that the arrested perpetrator raped another indigenous Marma girl at same some couple of months ago.

It is reported that the arrested person along with another three settler youths namely Md. Selim Khan, Md. Dider s/o Badam Soudagor and a son of Sahabuddhin used to go to jungle regularly to collect firewood. It is alleged that a few months ago, Md. Alauddhin raped another indigenous girl at the same spot. The case was settled internally by local people fining taka 5,000 as a compensation of rape case. The same miscreants were believed to have been involved with the rape and killing of Thomaching Marma with an aim to occupy land belonging to indigenous Marma villagers.

Thomaching’s uncle Mr. Chaithowai Prue Marma initially filed a case against unknown persons, but later on, Mr. Aisamong Marma, UP member of Kalampati union in Kaukhali upazila submitted the names of aforesaid suspected settler youths to the Kaukhali police station. Though, one of them Md. Alauddhin was arrested by the police, but other three suspected perpetrators went fugitive. On the other hand, a vested fanatic group became active to get Md. Alauddhin release on bail from the court. Read more about the rape and murder of a minor indigenous Marma girl in Bangladesh here....

West Papua: Recent News Reports On MIFEE Mega-Agriculture Project

Representatives of the Lembaga Masyarakat Adat (Customary People’s Association), together with other people affected by the MIFEE mega-agriculture project, made a visit to Papuan provincial capital Jayapura just before Christmas. In meetings with Papuan media, they explained the new problems local communities in the Merauke Area are facing as different companies rush to develop oil palm and sugar cane plantations.

Here is a selection of articles published in local media Tabloid Jubi and Alliance for Democracy In Papua(ALDP). Amongst the issues the delegation raises are the companies’ broken promises about the facilities they said they would provide or the compensation for the land, pollution, lack of information about the legal status of the land and coercive behaviour from the military that back up the companies.

When they have accepted work in exchange for giving up their forests, wages have been too low to provide for daily needs. They also ask for all company permits to be revoked, as local people have not been involved in decisions about development. Read more about the MIFEE mega-agriculture project in West Papua and ongoing indigenous concerns here....

Last Weeks Five Key Indigenous Peoples Issues can be found here (note - there was no Five Key Indigenous Peoples Issues produces for Dec. 27, 2012 - Jan. 2, 2013).

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West Papua Advocacy Team Urges Unrestricted Visit by UN Special Rapporteur

Sunday, 13 January 2013, 11:40 am
Press Release: West Papua Media Alerts

West Papua Advocacy Team Urges Unrestricted Visit by UN Special Rapporteur

For immediate release

January 13, 2013 - The West Papua Advocacy Team is deeply concerned about the Government of Indonesia's unilateral decision to restrict the planned visit of the United Nations Special Rapporteur on the promotion andprotection of the right to freedom of opinion and expression Frank La Rue. 

The government invited La Rue to visit Indonesia last May during the UN Human Rights Council's periodic review of human rights in Indonesia. Indonesia came under pressure during that meeting because of its poor record of protecting human rights, notably in West Papua.

The government's proposed restrictions would prevent La Rue from visiting West Papuan and other political prisoners held in Jayapura and elsewhere. These political prisoners are incarcerated for their peaceful political dissent. For many years the Indonesian government has sought to limit freedom of expression by West Papuans, often by smearing dissenters as separatists and disingenuously claiming that these dissenters are tied to the Papuan armed opposition. 

According to reliable sources, the UN Special Rapporteur -- who is scheduled to arrive in Indonesia on January 14 -- plans to postpone his visit unless he is allowed to visit prisoners in both Jayapura and Ambon in the Moluccas. The government proposed only to allow him to meet with officials in Jakarta and with a religious cleric imprisoned in Sampang. Moluccan political prisoners, like Papuan political prisoners, have been incarcerated because of their peaceful dissent.

Human rights groups estimate that there are up to 100 political prisoners in Indonesia, mainly Papuans and Moluccans, including at least 15 Papuans imprisoned under charges of treason.

The West Papua Advocacy Team strongly urges the Indonesian government to lift any restrictions that would prevent the Special Rapporteur from meeting with political prisoners in Jayapura and in Ambon. The Indonesian government is accountable to the international community to respect rights of political prisoners under terms of numerous international conventions to which it is party. A visit by the Special Rapporteur is an important means by which to ensure Indonesian compliance with its international obligations.

The West Papua Advocacy team encourages the Special Rapporteur to postpone his visit until such time as he is able to set his own agenda for the visit, including meetings with political prisoners in Jayapura and Ambon.

The West Papua Advocacy Team is a U.S.-based NGO composed of academics, human rights defenders and a retired U.S. Diplomat. ENDS © Scoop Media 

see also :

• West Papua Report
• ETAN : West Papua Advocaty Team Urges Unrestricted Visit by UN Special Rapporteur
• WPAT: Letter to Secretary of State Clinton on West Papua Concerns
• More than 90 Groups Urge U.S. Not to Sell Attack Helicopters to Indonesia
• ETAN writes on health care for Papuan political prisoner Filep Karma
• Indonesia Respect Rights of Papuan Prisoners Filep Karma and Buchtar Tabuni

=======

PENCEKALAN Frank La Rue Tuai Kecaman

Anugerah Perkasa; Senin, 14 Januari 2013 | 01:47 WIB

JAKARTA—The West Papua Advocy Team (WPAT) mengecam pemerintah Indonesia yang melarang rencana kunjungan pelapor khusus untuk perlindungan hak berpendapat dan ekspresi PBB Frank La Rue ke Jayapura dan Ambon pada Januari.

WPAT mengatakan larangan pemerintah Indonesia itu akan menghalangi La Rue untuk mengunjungi sejumlah tahanan politik yang ada di Papua dan Maluku. Dalam siaran resmi WPAT maupun Komisi untuk Orang Hilang dan Korban Tindak Kekerasan (Kontras), La Rue dijadwalkan akan datang ke Indonesia pada 14-26 Januari 2013.

"Menurut sumber terpercaya, pelapor khusus PBB dijadwalkan tiba pada 14 Januari, namun berencana untuk menundanya, kecuali diizinkan mengunjungi para tahanan di Jayapura dan Ambon," demikian siaran pers WPAT, Minggu (13/01/2013).

WPAT adalah organisasi sipil yang berbasis di Amerika Serikat dan terdiri dari para akademikus, pembela HAM serta mantan diplomat. 

Data Kontras menyatakan pada sidang Universal Periodic Review (UPR) tahun lalu banyak negara-negara yang meminta pemerintah Indonesia untuk mengundang pelapor khusus PBB ke Indonesia. Hal itu kemudian disampaikan oleh pemerintah, dalam hal ini Kementerian Luar Negeri, terkait rencana untuk mengundang tiga pelapor khusus PBB yaitu pelapor khusus kebebasan berekspresi dan berpendapat, pelapor khusus hak atas kesehatan dan pelapor khusus untuk perumahan layak. Rencana kunjungan tersebut diagendakan saat itu akan dilakukan pada 2013. 

Oleh karena itu, WPAT mendesak agar pemerintah Indonesia mencabut larangan yang menghalangi La Rue bertemu para tahanan politik di kedua wilayah tersebut. Menurut mereka, Indonesia harus akuntabel terhadap komunitas internasional dan menghormati hak para tahanan politik sesuai dengan konvensi internasional. "Kunjungan pelapor khusus sangat penting untuk menjamin bahwa Indonesia patuh terhadap kewajiban internasional."

Kontras memaparkan kunjungan itu memberikan harapan positif bagi kondisi dan situasi Indonesia belakangan ini yang dipenuhi dengan peristiwa yang mengancam hak atas kebebasan berekspresi dan berpendapat. Di antaranya terjadi di beberapa wilayah konflik seperti Papua yaitu kepada para demonstran atau mahasiswa di Papua yang  melakukan aksi serta pemberlakuan pasal makar di Papua dan Maluku bagi para tahanan politik yang diidentifikasi sebagai pihak yang melakukan tindak pidana keamanan negara. 

"Dua wilayah tersebut merupakan wilayah cukup strategis bagi pelapor khusus untuk melihat capaian-capaian yang diperoleh oleh pemerintah Indonesia dalam memberikan jaminan hak atas kebebasan berekspresi dan berpendapat diwilayah tersebut," tulis Kontras.  (sut)

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PFF, Rarotonga, COOK ISLANDS

--Killing, beating, abducting and jailing journalists in West Papua remains the most immediate issue in regional affairs, states the Pacific Freedom Forum.

Wrapping up its fourth year of advocacy, PFF chairs said that ongoing suppression of freedom of expression under Indonesian rule often involves violence against news media.“Well documented allegations of killings and torture depict medieval levels of brutality by Indonesian security and ad-hoc militia forces in West Papua”, says PFF chair Titi Gabi.

Papua protestors under arrest by Indonesia authorities

"Ongoing violence against citizens makes a mockery of Indonesia pretensions towards democracy, adherence to international law, and the peaceful majority of the world’s biggest Muslim nation.”

“There is also concern over Indonesia security forces infiltrating Papua newsrooms and planting fake stories”. PFF enorses calls from October by the Pantau Foundation and the Southeast Asian Press Alliance for Indonesia to uphold the right of citizens to freedoms of speech, to end violence against journalists and to prosecute those responsible for violence.

In November, PFF joined IFEX, International Freedom of Expression Exchange, in a 23 day campaign against a “culture of impunity” surrounding those in authority across the region.PFF co-chair Monica Miller said concerns also include a “culture of silence among partner news media across the islands, as well as Australia and New Zealand, when it comes to sensitive issues like West Papua.”

Miller praised an upturn this last year in media attention on West Papua, notably via state broadcasters like Radio New Zealand International and Radio Australia.

“After a decade or two of focusing mostly on Fiji, it is welcome to see metropolitan media including newspapers address much bigger concerns in West Papua,” says Miller.

“Yet many articles lament the lack of public awareness about serious events happening on our own doorstep.”

“Clearly there is much more that could be done, including not bowing to political sensitivities that deem West Papua to be outside the Pacific Islands region and of concern only to Indonesia.”

Reporters Sans Frontiers ranks Indonesia at 146th place, on a list of 179 nations followed by the press freedom body.

PFF also expressed concern about assaults and threats against journalists in Papua New Guinea and other states across the region.
Established in Apia, Samoa in August 2008, PFF has issued 143 statements on freedom of expression issues facing the Pacific Islands. An online forum has generated hundreds of topics and thousands of discussions.
 
LINKS

• ECONOMIST: The Unseen Resistance (video)
• BBC/ABC: Undercover report (video)
• RSF Global Rankings - Indonesia
• UK Embassy rejects fake journalism in Papua article
• End violence against Papuan journalists call from SEAPA
• Australia media only tells half the story
• West Papua: Journalists beware

CONTACTS:

PFF Chair Titi Gabi | Freelance Journalist | Papua New Guinea Mail: PO Box 7776, Boroko, NCD, Papua New Guinea | Mob: (675) 7314 3929 | Email: titi.gabipng@gmail.com PFF co-Chair Monica Miller | KHJ Radio | American Samoa Mob 684 258-4197 I Office 684 633-7793 | Email: monica@khjradio.com

ABOUT US:

The Pacific Freedom Forum is a regional and global online network of Pacific media colleagues, with the specific intent of raising awareness and advocacy of the right of Pacific people to enjoy freedom of expression and be served by a free and independent media. We believe in the critical and basic link between these freedoms, and the vision of democratic and participatory governance pledged by our leaders in their endorsement of the Pacific Plan and other commitments to good governance. In support of the above, our key focus is monitoring threats to media freedom and bringing issues of concern to the attention of the wider regional and international community

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