[Kabar-indonesia] 3 of 3: Papua: Answers to Frequently Asked Questions [Footnotes]

[Joyo at aol.com]

-3 of 3-

ICG Papua Report:

NOTES

1  In January 2003, the new province of West Irian
Jaya was carved out of Papua's western Bird's Head
region on the basis of Presidential Instruction
1/2003, which reactivated a 1999 law dividing the
province into three. The third province, Central Irian
Jaya, was cancelled, while West Irian Jaya went ahead.
Both it and the rump Papua remain part of the broader
region of tanah Papua ("land of Papua"). See Crisis
Group Asia Briefing No24, Dividing Papua: How Not to
Do It, 9 April 2003 and Crisis Group Asia Briefing
No47, Papua: The Dangers of Shutting Down Dialogue, 23
March 2006.

Footnote 2: The central government controls national
planning policy, macroeconomic development and the
state administrative apparatus, according to Articles
4(1) and 48(5) of Undang- Undang Republik Indonesia
Nomor 21 Tahun 2001 Tentang Otonomi Khusus Bagi
Provinsi Papua [Law 21 of 2001 on Special Autonomy for
Papua]. The police remain centralised but the
government must consult provincial governors on the
appointment of local commanders.

Footnote 3: Residents of Pegunungan Bintang district
told Crisis Group that most officials left the remote
mountain area within weeks of being inaugurated and
have barely returned since. Other recent examples
include the district head (bupati) of Mimika, Klemen
Tial, who was given an official warning for failing to
report for duty for three months. Several Papuan
district officials are also under investigation for
corruption. The first to be convicted was the
Jayawijaya bupati, David Hubi, sentenced on 29 August
2006 to five years for having embezzled Rp.
13,601,780,000 (approximately $1.5 million). "Hubi
Dihukum 5 Tahun Penjara", Cenderawasih Pos, 30 August
2006. Crisis Group interviews, Oksibil and Abmisibil,
December 2005; "Bupati Mimika Sudah Tiga Bulan Tak
Masuk Kantor", Kompas, 8 August 2006.

Footnote 4: "Kejagung Diminta Usut Habisnya APBD
Papua", Cenderawasih Pos, 12 August 2006.

Footnote 5: Presidential decision 63/2004 stipulates
that vital national assets should be protected by
police rather than soldiers. "600 Anggota Brimob dari
Mabes Tiba di Timika", Cenderawasih Pos, 10 July 2006;
"106 Brimob tempati aula Polres Mimika", Radar Timika,
14 July 2006.

Footnote 6: Crisis Group interview, diplomatic source,
June 2006. The breakdown of troop strength is KODAM
XVII infantry battalions, about 5,200; KODAM XVII
command structure, 3,500; navy and air force combined,
1,000; border security and vital asset protection,
about 2550.

Footnote 7: "TNI Berencana Bentuk Divisi Kostrad di
Sorong", Tempointeraktif.com, 18 March 2005.

Footnote 8: "Panglima: Pembentukan Divisi III Kostrad
di Papua, Tidak Ada", Cenderawasih Pos, 3 December
2005.

Footnote 9: This is the case in Kaimana district for
example. Crisis Group interviews, Kaimana, June 2006.

Footnote 10: The TNI presence on other borders will
also increase: in West Timor, the current ten border
posts will increase to nineteen, and Kalimantan's
boundary with Malaysia will be strengthened by 50
extra posts, bringing the total to 85. "RI-Malaysia
land border posts to be increased", Antara, 27 June
2006.

Footnote 11: "2007, Lanal Akan Dibangun di Kaimana",
Cenderawasih Pos, 18 July 2006; "KSAL: Armada Butuh
5000 Personel", 3 July 2006.

Footnote 12: The agreement further stipulated that
every Papuan adult man and woman was entitled to
participate in the plebiscite, "in accordance with
international practice". Papuans widely interpreted
this to mean "one person one vote", but Indonesian
officials argued that it would be more practical,
given the logistical challenges, to convene
representative assemblies.

The UN and the Dutch government quickly agreed. Papuan
protests calling for a referendum were dispersed by
Indonesian troops. In April 1969 the Indonesian
government hand-picked 1,022 Papuan leaders to vote
through eight regional councils (on behalf of some
700,000 people) under Indonesian military supervision
- and in many cases intimidation - in the "Act of Free
Choice" on Papua's future. Unsurprisingly, they voted
unanimously in favour of integration with Indonesia.
Many Papuans question the legitimacy of that exercise,
as did many diplomatic observers at the time.

When the special autonomy law was being prepared in
2000 and 2001, a consensus Papuan draft included a
provision calling for "historical rectification". The
phrase was removed by the Indonesian parliament.
Jakarta's worst fear is that an international campaign
to review and reject the Act of Free Choice will
gather momentum, eventually laying the legal basis for
internationalisation of the issue.

Footnote 12: "Agreement Between The Republic of
Indonesia and The Kingdom of The Netherlands
Concerning West New Guinea (West Irian)", United
Nations, New York, 15 August 1962. A joint
Dutch-Indonesian resolution on the agreement was then
adopted by the UN General Assembly, 89-0. There were
fourteen abstentions from France and francophone
African countries protesting the lack of consultation
with the Papuans. See John Saltford, The United
Nations and Indonesian Takeover of West Papua,
1962-1969; The Anatomy of Betrayal (London, 2003), pp.
25-26. Article XVIII (d) of the New York Agreement,
op. cit.

Footnote 13: Article XVIII (d) of the New York
Agreement, op. cit.


Footnote 14: See P. J. Drooglever, Een Daad van Vrije
Keuze: De Papoea's van Westelijke Nieuw-Guinea en de
grenzen van het zelfbeschikkingsrecht [Act of Free
Choice: The Papuans of Western New Guinea and the
limitations of the right to self determination]
(Amsterdam, 2005); Saltford, op. cit.

Footnote 15: order to strengthen its unity in the
Republic of Indonesia", to be established by
presidential decision on the advice of the governor,
but no governor has taken concrete steps to establish
it.

See Gareth Evans and Sidney Jones, "Paradise Betrayed:
Correspondence", in Quarterly Essay, issue 9, 2003,
pp. 109-112.

Reported incidents have certainly decreased but it is
impossible to know what happens in parts of Papua that
remain inaccessible.

16 See Robin Osborne, Indonesia's Secret War: The
Guerrilla Struggle in Irian Jaya (Australia, 1985);
Djopari, John RG, Pemberantakan Organisasi Merdeka
Papua (Jakarta, 1993).
  
17 The TNI commander in chief, Djoko Suyanto,
estimated the OPM's strength to be in the "tens" in
late July 2006. "Panglima: TNI Tetap Waspadai OPM",
Tempo Interaktif, 31 July 2006; the OPM's own estimate
was relayed to Crisis Group by a local journalist who
had interviewed OPM members in the central highlands.
 
18 The non-Papuan migrant population is about 35 per
cent, but not everyone came through the controversial
government-sponsored transmigration that ended in
2000. Many are "spontaneous" migrants from Sulawesi,
who came for trade or business and stayed.

19 "Pelaku Penyerangan Kelompok Pimpinan 'MW'",
Cenderawasih Pos, 11 April 2006; interview with Lukas
Tabuni in Papua New Guinea on "West Papua: Flight to
Freedom", Frontline, ABC (Australia), 7 June 2006.

20 Kwalik, an ethnic Amungme, had lost land to the
Freeport mine. He has capitalised on local anger over
dispossession and human rights violations associated
with the mine's military protectors to mobilise locals
to conduct sabotage operations. Crisis Group
interview, local sympathiser; Otto Ondawame, "'One
people, one soul': West Papuan nationalism and the
Organisasi Papua Merdeka (OPM)/Free Papua Movement",
PhD thesis, Research School for Pacific and Asian
Studies, Australian National University, 2000, pp.
143-144.
 
21 "Digest No.02", Inside Indonesia, 30 January 1996.

22 The military claims the two hostages were executed
by the OPM. However, ELSHAM, a local human rights
group that interviewed several witnesses, reported
they were killed by local civilians whose relatives
had been shot dead by the military. Several witnesses,
including Kelly Kwalik and Daniel Kogoya, and ICRC and
British military personnel were interviewed in a July
1999 Four Corners documentary on Australian
television: http://www.abc.net.au/4corners/
stories/s39706.htm. See 
also "Operasi Militer
Pembebasan Sandera dan Pelanggaran Hak Asasi Manusia
di Pegunungan Tengah Irian Jaya", ELSHAM Papua, August
1999 and Memoria Pasionis (SKP 2001), pp. 82-83.

23 Interrogation deposition of Antonius Wamang, viewed
by Crisis Group, August 2006.

24 See "Saling Silang Kesaksian Timika"; "Bush Berang,
Militer Terlibat?"; "Ragam Versi Penyaerangan Timika"
and interviews with Sjafrie Sjamsiddin and Decky
Murib, in the 13 January 2003 edition of Tempo
magazine. See also the 25 November 2002 edition.

25 "Komandan OPM Wilayah Sarmi Ditangkap", Kompas, 18
May 2005.

26 See for example, "198 Anggota OPM Menyerahkan
Diri", Kompas, 4 February 2006; "Daniel Burriyan
Adalah Bukan Anggota TPN/OPM Mabes Pantai Timur Tetapi
Anggota Masyarakat Biasa yang Selama ini Menjadi
Mata-Mata TNI/ POLRI di Wilayah Kabupaten Sarmi", SPM
News, 2 June 2005; "Rekayasa Penyerahan Diri TPN/OPM
Juga Terjadi Di Serui", SPM News, 5 July 2006.

27 Crisis Group interview, Papuan leader who had
recently met with Yuweni, July 2006.

28 "Pos TNI di Wembi Diserang, 4 Tewas", Cenderawasih
Pos, 11 April 2006.

29 Twenty men in Jayawijaya attempted to fly the
fourteen -star flag in front of the district
parliament in July 2003, for example. One was shot
dead and another twelve arrested, "Bintang 14
Dibubbarkan, Puluhan warga Ditahan", Liputan 6, 7 July
2003; "Polisi Indonesia Tembak Pelaku Penaikan Bendera
Bintang 14 di Papua", Radio Nederland interview,
Pastor Obeth Komba, Jayawijaya, 8 July 2003.

30 The 43 asylum seekers who fled to Australia in
January 2006 flew the Morning Star flag, the symbol of
Papuan nationalism used by most independence
activists, including the OPM, since the 1960s on their
outrigger because it is more widely recognised. Crisis
Group interview, Edison Waromi, Abepura, April 2006.

31 Ibid.

32 The more moderate student coalition is the
Association of Papuan Central Highlands Students of
Indonesia (AMPTPI), led by Hans Magal. Both AMPTPI and
Front Pepera are off-shoots of the Papuan Student
Alliance (AMP) established in 1998. AMPTPI broke away
in 2004 to pursue a more constructive, dialogue-based
approach, while Front Pepera favours direct action.

33 Student activists argue that since Freeport began
exploration in 1967 before Papua was formally
incorporated into Indonesia in 1969, the Soeharto
government had a massive additional economic incentive
to control Papua and manipulate the Act of Free
Choice. Crisis group interviews, Pepera members,
Jakarta, June 2006.

34 The focus on Freeport spawned a marriage of
convenience with the environmental activist group
Walhi, the radical anti-mining lobby Jatum and some
campus-based leftist environmental groups in Australia
and the U.S. Front Pepera is also aligned with the
tiny Indonesian socialist Partai Rakyat Demokrat
(People's Democratic Party, PRD), whose platform
supports a new referendum for Papua. Crisis Group
interviews, Pepera and AMPTPI leaders, Jakarta, June
2006.

35 See, for example, an appeal for funds to organise
anti-Freeport protests:
http://www.westpapua.net/action/03/10/
against-freeport.htm. 

36 Crisis Group interviews, Pepera leaders, March-July
2006.

37 Participants decided after intense discussions not
to have the OPM represented on the Papua Council. See
"Recent 

38 Developments in Papua: Musyawarah Besar di Papua
serta Suasana pasca-Mubes", Catholic Peace and Justice
Office, Jayapura, April 2000, at
http://www.hampapua.org/skp/skp02/ ssp-03e.pdf.

39 See, "Violence and Political Impasse in Papua",
Human Rights Watch report, July 2001.

40 On the night of 10 November 2001, Theys was driving
home from a reception at the Jayapura Kopassus
(military special forces) base when his car was forced
off the road. His body was found the next morning,
dumped some way from his car. Two other Presidium
members, Willy Mandowen and Thaha alHamid, had been
invited but declined to attend the same function. See
Crisis Group Asia Report No39, Indonesia: Resources
and Conflict in Papua, 13 September 2002, pp. 3-5.

41 There had always been tensions between supporters
of Tom Beanal and Theys Eluay. Beanal, an Amungme adat
leader, probably had the broadest support base of the
Presidium members, but Theys, an ethnic Sentani leader
who had served for years in Soeharto's Golkar party
and had a history of association with the military,
unilaterally appointed himself chairman through sheer
force of personality. The Presidium was dominated by
coastal Papuans to the exclusion of highlanders. The
reaction of some highlanders, who tend to be poorer,
have less access to educational opportunities and
suffer disproportionately from the military
operations, was to establish their own organisation,
Demmak.

42 Ketetapan Sidang III Dewan Adat Papua no. 01/TAP/
SIII -DAP/II/2005, p. 67. See also Crisis Group
Briefing, The Dangers of Shutting Down Dialogue, op.
cit., pp. 6-7. 

43 Crisis Group email correspondence with Brigham
Golden. See also "Perwakilan masyarakat Teluk Bintuni
Mengadu ke DAP", Cenderawasih Pos, 22, 23 August 2006
on how local leaders turn to the DAP to resolve local
disputes and tensions.

44 "Pernyataan Umum Sidang IV Dewan Adat Papua",
Sentani, 26 Juni sd I Juli 2006; Crisis Group
telephone interview, Fadhal al Hamid, Dewan Adat
secretary for customary governance, 7 July 2006.

45 See Crisis Group Briefing, The Dangers of Shutting
Down Dialogue, op. cit.

46 John Otto Ondawame and Andy Ayamiseba run the West
Papuan People's Representative Office in Port Vila,
Vanuatu. Former Indonesian diplomat-turned OPM member
Moses Werror runs an office of the "OPM Revolutionary
Council" in Madang, Papua New Guinea. Fransalbert
Joku, who was nominated as Pacific Presidium
representative in 2000, is also in Papua New Guinea
but he and Werror are rivals. Viktor Kaisepo in the
Netherlands is the Presidium representative for
Europe. 1970s OPM leaders Seth Rumkorem and Jacob Prai
are based in Sweden. Demmak leader Benny Wenda is in
Oxford. Jacob Rumbiak is a representative of Bintang
14 in Melbourne, Australia, and, since 2004, the
coordinator for foreign affairs for the West Papua
National Authority. A rival organisation, the West
Papua New Guinea National Congress, run by former OPM
member Matthew Mayer, is based in Brisbane. John
Rumbiak, from the Papuan human rights NGO Elsham, is
based in New York.

47 Gen. (Rtd) Wiranto made a speech to the Regional
Representatives' Council (DPD) on 23 May 2006
expressing his concern about the involvement of
foreign elements trying to separate Papua, which he
compared to East Timor. "Fenomena Papua Mirip Timtim",
Komunitas Papua, 31 May 2006.

48 See, for example, statement by Mr Barak Tame Sope,
Minister of Foreign Affairs and External Trade of the
Republic of Vanuatu to the 59th Session of the United
Nations General Assembly, 28 September 2004.
http://www.un.org/webcast/
ga/59/statements/vaneng040928.pdf#search=%22vanuatu%20papua%20%22self-determin
ation%22%22.

49 "Dáil deputies urge UN to review role in takeover
of West Papua", Irish Examiner, 25 March 2004.

50 The group had been meeting informally since July
2005 but registered officially with the House of
Commons on 13 July 2006. Crisis Group correspondence
with Andrew Smith's office, August 2006. 

51 Narasimhan added that "the mood at the United
Nations was to get rid of this problem as quickly as
possible. Nobody gave a thought to the fact that there
were a million people there who had their fundamental
rights trampled on". "Papua's incorporation into
Indonesia was a farce, top U.N. officials say",
Associated Press, 22 November 2001. He later commented
to British academic John Saltford, however, that
although the conduct of the Act of Free Choice had its
shortcomings, the UN had fulfilled its obligations,
and his "heart [was not] bleeding for the Papuans".
Saltford, op. cit., p. 177.

52 The Yale Law School report, for example, lists as
an example of extrajudicial killings of Papuans by the
Indonesian military "the October 2000 Wamena massacre
that resulted in 32 deaths". Most of the dead in that
incident were migrants, killed by pro-independence
Papuans in a riot that followed forcible removal by
police of an independence flag. It also makes mistakes
on dates, population figures, and definitions. 

53
thtp://www.westpapua.net/docs/papers/hr/02/yale-wphr.pdf;
http://www.arts.usyd.edu.au/centres/cpacs/West
PapuaGenocide 
Rpt.05.pdf. 

54 "International Convention on the Prevention and
Punishment of the Crime of Genocide", 9 December 1948.

55 On these campaigns, see Osborne, op. cit., pp.
62-72.

56 "Indonesian human rights abuses in West Papua", op.
cit., pp. 2-4.

57 Crisis Group telephone interview, department of
transmigration staff, August, 2006. Data from the 2005
census is not yet available, but on 2000 figures, see
Richard Chauvel, "Constructing Papuan Nationalism:
History, Ethnicity, and Adaptation", East-West Center,
Washington, 2005. 

58 Crisis Group interview, Albert Yogi, member of the
Papuan parliament's special investigative team on the
Whaghete shootings, April 2006. "Kronologis Peristiwa
Penembakan Terhadap Masyarakat Sipil di Waghete, Tigi,
Painai, Papua Barat", Komnas HAM (National Human
Rights Commission) report; "Di Paniai, Aparat Tembak
Warga Sipil", Cenderawasih Pos, 21 January 2006.
  
59 Crisis Group interviews, witnesses; video footage
of the incident. See also See Crisis Group Briefing,
The Dangers of Shutting Down Dialogue, op. cit., pp.
15-16; "Laporan Hasil Investigasi Kasus Bentrokan
Antara Demonstran dan Aparat Polisi di Depan Kampus
Universitas Cenderawasih, 16 Maret 2006", Komnas HAM;
"Arbitrary arrest and detention of Papuans in
Jayapura, West Papua, Indonesia", Jayapura Diocese
Catholic Peace and Justice Office report to the UN
Office of the High Commissioner on Human Rights
Working Group on Arbitrary Detention. Some students
claimed that the intelligence officer had earlier
provoked the crowd in an attempt to escalate the
situation.
  
60 Evening news, 18:00, Metro TV, 16 March 2006.
  
61 Fact finding report of the Catholic Peace and
Justice Office, Jayapura, 18 March 2006; "Laporan
Hasil Investigasi", Komnas HAM, op. cit. 
  
62 "Dua Penganiaya Polisi di Uncen Divonis 15 Tahun",
Media Indonesia online, 2 August 2006.
  
63 Sekretariat Keadilan dan Perdamaian (Catholic Peace
and Justice office) "The Threat to Civil Rights in the
Legal Process of the Convicts on Abepura Case, 16
March 2006", Document number 190/FK/06/3.4.13a,
Jayapura, 12 June 2006; "Laporan Sidang Kasus Abepura
16 Maret 2006 di Pengadilan Negeri", 21 August 2006.
Nelson Rumbiak claimed in court on 28 August that he
had been tortured by police. As he arrived at the
prison after the hearing, he was met by two cars full
of police who beat him again, breaking a rib and
causing injuries to his head. The following day, in
protest against his treatment, other suspects in the
same case threw rocks at a bus full of state
prosecutors who had come to take them to court. The
seven remaining defendants are refusing to attend any
further hearings until police guarantee their safety
in writing. "Penganiayaan Terhadap Terpindana Kasus
Bentrok Abepura", Report by SKP, JPIC (Justice, Peace
and Integrity of Creation of the Evangelical Church),
ELSHAM Papua and PBHI (Legal Aid Association of
Indonesia), 28 August 2006; "Ricuh di LP Abepura",
Cenderawasih Pos, 30 August 2006.
  
64 Brigadier Novrel, the officer who beat defendant
Nelson Rumbiak on 28 August after a court hearing, is
being detained for 21 days, a punishment laid down by
Jayapura police disciplinary committee. "Polisi yang
Pukul Terdakwa Kasus Abe, Disel 21 Hari", Cenderawasih
Pos, 4 September 2006.

65 He was subsequently convicted. See fn. 3 above.
  
66 The video footage made available to Crisis Group
does not cover this part of the demonstration because
the person recording it was on the other side of the
house and did not dare to go near the armed police.

67 Sodema Hubi was shot in the head and died
immediately. Mokaninaek Kossy was shot in the chin,
right arm, and right thigh and died (after apparently
being left without medical assistance on the side of
the road for some time) of his injuries in Wamena
hospital. A National Human Rights Commission account
reported that another protestor, Hali Hubi, also later
died of injuries from beatings. Marius Marian and
Yunus Giay were shot in the right buttock and right
thigh respectively.

68 Crisis Group interviews, participants, Jakarta, 22
June 2006.

69 "Tiga tersangka dan BAP Diserahkan ke Kejaksaan",
Cenderawasih Pos, 11 July 2006. 

70 "Polda Tegaskan Sesuai Prosedur", Cenderawasih Pos,
17 May 2006.

71 The most recent case is that of Filep Karma, a
civil servant in the provincial government, and Yusak
Pakage, a 26 year-old student, who organised a
peaceful flag-raising ceremony to commemorate Papuan
"independence day" on 1 December 2004. When the flag
was hoisted, police fired warning shots, then broke up
the gathering, beating participants with batons. Filep
and Yusak were charged with rebellion under Article
106 of the criminal code. On 26 May 2005, Jayapura
District Court handed down sentences of fifteen years
to Filep Karma and ten years to Yusak Pakage. "Dua
Terdakwa Makar Divonis 10-15 Tahun", Sinar Harapan, 26
May 2005. From his cell in Jayapura prison on 1
December 2005, Filep Karma managed to climb on to the
roof and fly a morning star flag for 30 minutes while
shouting, "Papua merdeka" [Free Papua]. Police
announced that his sentence would be extended. "Filep
Karma Kibarkan Bintang Kejora di LP", Cenderawasih
Pos, 2 December 2005.

72 The documents in question do not suggest the
independence leaders were to be assassinated, only
that they were to be closely monitored, provoked and
arrested. "Nota - Dinas 578/ND/ KESBANG/D IV/VI/2000"
[Memo from the Director of National Unity Offices to
the Minister for Home Affairs]; "Upaya Polda
Menanggulangi Kegiatan Separats Papua Merdeka Dalam
Rangka Supremasi Hukum" [Efforts of Irian Jaya Police
to Overcome Papuan Indpendence Activities]; "Rencana
Operasi "Tuntas Matoa 2000" Polda Irja No Pol.
R/Renpos/640/XI/200" [Operational Plan for Total
Justice], November 2000. 

73 Seven soldiers were given sentences ranging from
two to three and a half years. See Crisis Group
Report, Resources and Conflict in Papua, op. cit., pp.
3-5.

74 Crisis Group telephone interview, Jemaah Tabligh
staff, August 2006.

75 Crisis Group interview, Jayapura, December 2005.

76 Statement by Defence Minister Juwono Sudarsono at
the Jakarta Foreign Correspondents Club, 6 February
2006. 

-END/3 of 3

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