OPEN LETTER
Raising Concern and Offer Solution::
One-Year Human Rights Promotion in Papua 2010
To the attention of
President Republic of Indonesia,
Susilo Bambang Yudhoyono
In Jakarta
Dear Mr. President,
We are writing this letter to you to
raise our concern over human rights conditions in Papua. We are
confirmed that lacking of protection and recognition of Papuans’ rights
have led to abusive and violent practice against Papuans. This pratice
has persistently cause death to Papuans and left trauma for them and
their family. This practice clearly does not reflect the spirit of this
country’s constitution to protect whole citizens.
We have recorded that there have been
some big issues this year that attract public attention. The issues such
as footage violent action against civilians by military in Tinggi
Nambut Papua,[1] violence against civilians in Bolakme,[2] ethnic
conflict between Papuan highlanders and Yoka people,[3] shooting
civilians in Nafri[4], shooting against prisoners in Tanah Hitam,[5]
civilians shot dead in Boroway,[6] arrest and detention of Filep Karma
and Buchtar Tabuni[7] and the rally of returning special autonomy.
Other cases relating to social, economy and culture which potentially
bring negative impact on Papuans and destroy Papuan values such as MIFEE
in Merauke,[8] Dagewo case in Paniai[9], the transfer of local land in
Lereh for palm oil plantation, Freeport case,[10] and many illegal
logging cases.
Bsaed on our observation and data collected, the problems mentioned above happen because of the following reasons:
First, government still stigmatisize any
Papua groups and individual as separatist as they do resistance against
government. Government uses ‘stigmatization of separatist” as powerful
strategy to silence Papuans demand and freedom of expression and weaken
the critical thinking from Papuans who often criticise the govermnent
policy. This strategy is partially successful as it silences resistant
movement but in the other side it gives more energy and spirit for more
resistance. Also, this unpopular strategy has planted the seeds of
hostility and mistrust among Papuans against Indonesia.
Second, Jakarta still plays dominant
role in the issue of any policies and their implementations in Papua.
Jakarta, as the central power, is still unable to trust any process of
development in Papua although Papua has been given special autonomy to
manage themselves. MIFEE case, violence against civilians in Bolakme,
Tingginambut-Puncak Jaya and Freeport cases are example on how central
government still exercise their absolute authority which potentially
destroy basic rights of Papua. Central govermnet just interest in
investment without considering the basic rights of Papuans and their
values
Third, Papua is still considered as
conflict area. Therefore, security approach is dominant. Huge number of
troops are deployed every year to Papua to secure the border area and
investor’s assets. Ironically, the security approach has caused fear and
revive the past trauma. People in the border feel fear when they go to
bush and forest to hunting, gardening as they might be arrested as being
suspected as members of Papua freedom movement (OPM)/ National Freedom
Army (TPN).
Fourth, The massive deployment of troops
which is to secure investors’ assest has caused human right violations
and fear. The rights of people are neglected and intimidation is done
when the locals demand their rights and speak critically.
Fifth, Economic problems are still
strongly perceived as the main problems in Papua. Therefore, huge amount
of money and investment is needed to build Papua to improve their
economy. RESPEK ( strategic plan for rural development) program is one
example where the program emphasize infrastructure development rather
than human resources development. Moreover, suspection among the locals
is rising over the use and management of special autonomy fund used for
RESPEK program. Also, no efective supervision has led to corruption
Sixth, the policy issued by govermnet
and its implementation actually repair the impact not solve the basic
problems which has been persisting so long. It is crucial that any
policy has ‘solving-problems’ elements. If not, the problems will never
be solved.
Based on the description above, we urge
Mr. President to take immediate action by ordering central government
and localgovernment to do the following:
First, hold peaceful dialog as an
effective means to solve the problems in Papua. The dialog Jakarta-Papua
which has been initiated by Papua Peace Network Team needs to be
supported. The dialog should involved all elements: government,
customary community, religious leaders, academics and civil groups.
Second, stop all stigmatization against
Papuans and place them a citizens who have rights to be protected by the
state. Constitutions guarantee freedom of expression and this should
also be applied to Papuans. Some articles in state criminal law and
government regulation No. 77 year 2007 about treason and subversion need
to be amended as it limits the freedom of expression.
Third, revise or redesign security
approach to be human rights-based approach as it will recognise the
rights of Papuans and protect Papuans from violent acts. The deployment
of troops need to be adjusted to the need of the local area and real
threat as to save state budget of defense.
Fourth, police should exercise their
professionalism in keeping the order and promote human rights. The
professionalism is shown by giving protection so people feel secure and
peaceful in doing their activities. This is important to bring back
trust from the people.
Fifth, push the policy that promote
human rights and provide justice to the victims of human rights abuses.
Government has to take immediate action to establish human rights court
and reconciliation and truth commission in Papua as mandated by special
autonomy law.
Sixth, central government needs to
revise public-service related policy because the existing policy does
not provide and touch the basic rights of Papuans. There are three
public service issues that needs to taken into consideration: education,
health and economy where these three areas are directed to
empowernment, affirmative action and protection.
Seventh, Policies issued for Papua need
to have recognition of human rights elements. This is so because all
existing policies basically emphasize on economic and welfare problems.
Eighth, governor, Papua legislative
(DPRP) and Papua People’s Assembly (MRP) should build good coordination
and reponsive to the problems of human rights abuses in Papua. Lack of
initiatives and good will from these institutions show that they
actually do not have commitment to promote human rights in Papua and
potentially increase mistrust among Papuans.
We write this open letter with the hope that immediate action to be taken to solve the problems in Papua. Thanks
Jayapura, 05 January 2010
Institutions support this open letter
Papua Based Institution
Foker LSM Papua, ALDP, Elsham Papua, SKP-KPC, KPKC Sinode GKI Papua, LBH Jayapura, JAPH-HAM Wamena
Jakarta Based Institution
Imparsial, Kontras Jakarta, HRWG, PRAXIS
CC :
1. Menkopulhukan RI
2. Menkokesra RI
3. Menteri Dalam Negeri RI
4. Menteri Luar Negeri RI
5. Menteri Pertahanan RI
6. Panglima TNI
7. Kapolri
8. Jaksa Agung RI
9. Ketua DPR-RI
10. Anggota DPD Provinsi Papua
11. Gubernur Provinsi Papua
12. Gubernur Provinsi Papua Barat
13. Ketua DPRP
14. Ketua MRP
15. Kedutaan Asing
16. lembaga Internasional
17. Jaringan kerja Papua
[1] This video was initially released by
Hongkong Based Human Rights group, AHRC and made public through
youtube. In the video, it shows that military tortures civilians
suspected as members of Papua free movement group. But in fact, the
victim is a reverend. Government then response to the incident
immediately by forming fact-finding team. Ministry of politics, law and
human rights finally acknowledges in the press release that it is true
that military has done such a barbaric act. The perpetrators of the
torture were finally on trial and sentenced respectively 5 months and 7
months. This very minimum sentence indicates a failure of states to
provide justice to the victim
[2] An ambush against military in Yugam,
Bolakme, Jayawijaya district on 1 december 2010. This incident has
caused two civilians die
[3] This incident took place on 17
November 2010, 35 houses burned and 3 got injured. The highlanders
damage the houses in Yoka as they are angered by a song composed by a
Yoka man which insult the highlanders. It is also suspected that third
party plays role in fueling the conflict. Local government has
facilitated a dialog and they have agreed to cease their hostility.
[4] Group of unknown men shoot civilians
in Nafri, Abepura on 28 November 2010. One was dead and 4 seriously
injured. The perpetrators are not identified yet.
[5] Friday on 3 December 2010 around
12.00, 4 prisoners and one detainee escape from prison. Miron Wetipo,
one of the prisoners is shot dead when trying to escape. One of the
prisoner is finally caught while the other three escape.
[6] Rahmat Faisal, an employee at mobile
phone counter, found dead by Oktafinaus Yerisitow. The victim was
suspected being shot around 13.00 on 13 December 2010
[7] Filep Karma and Buchtar Tabuni were
detained as they are suspected as the mastermind of riot in the prison
after the death of Wiron Wetipo, a man shot dead while trying to escape
from prison. Actually, Filep Karma and Buchtar Tabuni just ask head of
law and human rights department about the reason why Wetipo was shot
dead
[8] Merauke Integrated Food and Energy
Estate (MIFEE) is a joint program between local and national government.
This program will place Merauke as global agriculture industry. The
program is promising which says that in 2030 Indonesia will have
additional reserved food such as rice of 1.95 million ton, corn 2.02
ton, and many other food reservation. Also, Merauke will have income of
IDR 124.2 million per capita per year in 2030. The program will bring
more people from Java to work in the industry. Sadly, the program has
taken people’s land.
[9] Illegal mining in Degowo has
happened since 2001 where local do the mining without outside
intervention. But since 2003, intervention comes and backed up by
military and police. As more outsiders come and do the mining, the
locals are moved out and can no longer do traditional mining as they
used to do. They are even forced to release their land to investors who
are interested in the gold mining. Moreover, prostitutes are brought by
investors and military to Degowo to entertain the locals.
[10] Freeport case is the longest and
massive exploitation of natural resources in Papua. Although there have
been many efforts initiated by Freeport to bring back trust of Papua
such as giving Cooperate Social Responsibility (CSR) but the problems
and mistrust rema
