THE INDONESIA HUMAN RIGHTS CAMPAIGN

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Briefing for Forum Leaders on - The situation in West Papua

October 2006

37th Pacific Islands Forum, Nadi, Fiji

This briefing is provided by TAPOL, the Indonesia Human Rights Campaign, an independent UK-based NGO, which has campaigned for human rights in Indonesia and West Papua for over 30 years.

West Papua is a Melanesian Pacific territory. TAPOL welcomes the Forum's previous expressions of concern about the situation in West Papua, but regrets that Forum leaders made no mention of it in the communique issued following the 36th meeting in Papua New Guinea. The situation in West Papua impacts directly on the peace and security of the Pacific region. Forum Leaders have made a laudable commitment to a region 'respected for the full observance of democratic values, and for its defence and promotion of human rights' ('A Pacific Vision', Auckland, 2004) and the inclusion of West Papua on the agenda of the 37th meeting would demonstrate that Forum leaders are intent on meeting this worthy objective.

An opportunity for dialogue
TAPOL believes that the Pacific Islands Forum, as the leading regional organisation in the Pacific, and its individual members, have an important role to play in both encouraging and facilitating dialogue between the government of Indonesia and West Papuan representatives aimed at achieving sustainable peace in West Papua.

Forum leaders should explore ways of promoting dialogue within the framework of the popular campaign to establish West Papua as a Land of Peace. This campaign is supported by religious leaders of all faiths, local politicians, tribal leaders, and grassroots organisations. It rejects any kind of military or violent solution to the problem of West Papua and aims to provide space for political dialogue and create conditions in which human rights are fully protected, impunity is ended, and proper attention is given to the economic, social and cultural needs of the West Papuan people. It involves all people living in West Papua and respects the diverse ethnic, racial and religious nature of the society.

The election of Susilo Bambang Yudhoyono as President of Indonesia in September 2004 and the achievement of peace in Aceh in 2005 have presented the Papuan people, the Indonesian government and the international community with a window of opportunity to seek a solution to the West Papua problem. However, the Papuan people are losing faith in the President and the central government. Dissatisfaction has intensified because of the government’s insistence on establishing a new province of West Irian Jaya and its failure to implement special autonomy. Tension has also been caused by a serious incident in Abepura in 16 March 2006 when violent clashes between the security forces and demonstrating students led to the deaths of five security forces personnel. The government, with the help of its regional partners, needs to find ways of re-establishing the trust of the Papuan people so that a process of negotiation can be initiated. Significant steps need to be taken soon before the opportunity is lost.

Human rights
Forum leaders are urged to renew their call for human rights of all categories to be upheld in West Papua. They should welcome Indonesia’s ratification of the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights and encourage the government to pay particular attention to its obligations under the covenants in relation to West Papua. They should also express concern about restrictions on access to West Papua and freedom of movement within the territory, which create the impression that there are unacceptable aspects of the internal situation that Indonesia wishes to hide.

Recently, there has been increasing concern about the involvement of Indonesian police officers in human rights violations. A number of incidents of torture, ill-treatment and extra-judicial killings suggests systemic failings in the police force. Reports have emerged of a pattern of serious abuse – including beatings, kickings and assaults with rifle butts and rubber batons – by police officers against a number of Papuans detained following the 16 March clashes at Abepura. Sweeping of houses and student dormitories compelled students to flee into the forests, with police chasing after them.

The reports have also raised grave doubts about the fairness of the legal proceedings against those accused of involvement in the clashes. They highlight a lack of judicial independence, the failure of the judges to respect the presumption of innocence, the accused’s lack of access to lawyers, and the highly intimidatory atmosphere at court. The judicial authorities have failed in their responsibility to ensure due process and to protect those in detention vulnerable to abuse. If matters of this nature are not addressed as a matter of urgency, the lack of justice and the ongoing sense that the treatment of the Papuans is grossly unfair will constitute serious threats to peace in the territory.

Forum leaders are urged to question Indonesia’s policy of expanding its military presence – through an increase in the size and number of infantry battalions, new territorial commands, and the possible deployment of a new division of Kostrad (strategic reserve command) troops - in a territory that has a land border with one of the Forum’s own members. There is no security or military justification for the troop build-up, which can only add to tensions in West Papua and possibly the wider region.

Human development
The Papuan people are among the poorest in Indonesia despite the territory’s immense wealth of natural resources. Resource extraction has been a major cause of tension and conflict, notably in the vicinity of the Freeport copper-and-gold mine. In 2004, West Papua ranked as the lowest province in the Indonesian Human Development Index, actually suffering a deterioration in HDI status. Key development challenges include widespread poverty, limited economic opportunities, the spread of diseases (such as HIV/AIDS, tuberculosis, malaria), and poor education. Additional funds available under special autonomy have not benefited the local population (Papua Needs Assessment, UNDP, 2005).

Recommendations
TAPOL urges Forum leaders to:

• Develop contacts with representatives of the West Papuan people and take progressive steps towards granting West Papua Forum Observer status;
• Explore ways of encouraging and facilitating dialogue between the government of Indonesia and West Papuan representatives within the framework of the ‘Land of Peace’ campaign;
• Press Indonesia to meet its obligations to protect human rights under the international covenants, encourage it to allow the UN special rapporteur on torture to visit West Papua during his forthcoming mission to Indonesia, and urge it to invite a Forum fact-finding delegation to the territory;
• Urge Indonesia to allow free and unfettered access to West Papua for human rights organisations, humanitarian agencies, diplomats, parliamentarians and journalists;
• Call upon Indonesia to review its policy of expanding its military presence in West Papua.

The following statement on West Papua was included in the Forum Communique issued on 24 October:
Papua
31. Leaders welcomed the establishment by the sovereign authority, Indonesia, of the Papuan Peoples Assembly (MRT) and the moves towards the full implementation of the 2001 special autonomy law and the development of Papua. Leaders expressed concern about reports of violence in Papua and called on all parties to protect and uphold the human rights of all residents in Papua and to work to address the root causes of such conflicts by peaceful means. They also urged the Indonesian authorities to bring to justice the perpetrators of serious crimes in the Province of Papua.'

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