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The West Papua Report*
May 2004
The following is the fifth in a series of monthly reports
prepared by the Robert F. Kennedy Memorial Center for Human Rights-Indonesia
Support Group providing updates regarding developments in West Papua. The
RFK Center has monitored and reported on the human rights situation in West
Papua since 1993 when Bambang Widjojanto received the annual RFK Human
Rights Award.
Summary/ Contents
Indonesian Crackdown on Observers/Activists
Resolution on Indonesian Military Receives Strong Shareholder Backing
Vanuatu to Host Roundtable Meeting On West Papua]
Australia Blacklists some Indonesian Special Forces
West Papua Action Network Launched
Three Men Accused of Stealing Gun Released
Mining a Sacred Land
*Note: Our
readers will note a change in the name of our monthly report, previously
termed the Papua Report. We do not undertake this name change lightly, but
feel compelled to do so because of the Indonesian government's recent
politicized division and renaming of the territory into three separate
provinces: West Irian Jaya, Central Irian Jaya and Papua. Despite recent
speculation that the division would not come to pass, in recent elections
parliamentarians were selected to represent the province of West Irian
Jaya." The RFK Center's Indonesia Support Group has decided to use West
Papua to refer to the western half of New Guinea "in order to avoid undue
confusion."
In 1961 the West New Guinea Council, a democratic body
of Papuan leaders, proposed changing the name of the territory to "West
Papua". Papuan leaders continue to use the name West Papua, as do prominent
international NGOs. During the past 50 years, the territory has been known
by many other names: West New Guinea or Netherlands New Guinea (under Dutch
colonial administration); West Irian (under initial Indonesian rule); Irian
Jaya (the official Indonesian name from 1973 until January 7, 2002); and
Papua (the official Indonesian name until the recent division).
Indonesian Crackdown on Observers/Activists
The Indonesian Government has confirmed its intention to compel the
departure from Indonesia of Sidney Jones, a highly regarded observer on
developments in the Indonesian archipelago. While the Government has offered
no official reasons for refusing to renew a visa for Ms. Jones, who leads
the office of the International Crisis Group, her critics, notably in the
national intelligence service, implied that her reporting could undermine
national stability in the lead-up to presidential elections July 5. Efforts
by the ICG and Ms. Jones to elicit specific GOI charges have been
unsuccessful. Twenty other international and Indonesian non-governmental
organizations are also under scrutiny and may also be shut down. The entire
foreign staff of the ICG in Jakarta will not have their work permits
renewed.
According to the Jakarta Post, Indonesian State Intelligence Agency (BIN)
chief, A. M Hendropriyono warned that the government could exercise "old
measures" against the outspoken NGOs, referring to the use of violence to
clamp down on government critics under the past regime. "Since we are in a
new era, we do not do that, but should we find that these people are
continuing to sell out their country we may return to the old measures," he
remarked.
A group of influential Indonesians, including Todung Mulya Lubis, chair
of the Jakarta branch of the ICG, formally protested the move. But ABC
Australia reported on June 2 that Ms. Jones stated, ìMy colleague, Francesca
[an Australian researcher] and I were ordered last night to leave the
country immediately by Immigration. We think we have a seven day grace
period, but we expect to be leaving on Saturday or Sunday.î Despite the
Indonesian governmentís attempt, through its Foreign Minister, to downplay
the case by arguing that Ms. Jones expulsion is simply ìan administrative
matterî, it appears clearly be a deportation.
Ms. Jones has written widely on the threat posed by Islamic
fundamentalist terror groups in Indonesia, boldly noting their links to the
Indonesian military. In her ICG capacity and in her previous association
with Human Rights Watch, Ms. Jones has also reported extensively on human
rights abuse in Papua, Aceh, and other parts of Indonesia. Her work is
widely regarded as balanced and authoritative. State Intelligence Agency
director Hendropriyono referred in particular to ICG/Ms. Jones'
reports on Aceh and Papua as evoking the government's
displeasure.
Resolution on Indonesian Military Receives Strong Shareholder Backing
New York, NY ñ Shareholders of Freeport McMoRan Copper & Gold Inc., (FCX)
strongly backed a proposal at the companyís annual shareholder meeting to
suspend Freeportís controversial payments to the Indonesian military until
an FBI investigation into the deadly 2002 attack on the companyís entire
international school teaching staff is completed and the perpetrators are
brought to justice. The resolution was put forward by the New York City
Employeesí Retirement System and the New York City Teachersí Retirement
System. The U.S. Securities and Exchange Commission approved the proposal
over Freeport managementís opposition.
The resolution received 8% of the yes vote, representing 9.5 million
shares ($370 million). The New York City funds account for $ 28 million of
the yes vote. Only 3% in favor was needed in order to bring a similar
resolution next year. The AFL-CIO, the largest trade union consortium in the
United States, representing some 14 million U.S. workers, backed the
resolution and gave special priority to it as a Key Vote for 2004. TIAA-CREF,
another influential institutional investor, abstained from the vote. All the
American schoolteachers who survived the August 2002 attack are TIAA-CREF
investors. Noting the critically important role that Freeport investors
could play in backing up U.S. government efforts to seek justice in the
case, ambush survivor Patsy Spier, whose husband Rick Spier was murdered in
the attack, urged TIAA-CREF to support the resolution. "By voting ëyesí,"
she wrote, "you will be supporting the investigation and help stop such
lawlessness from happening again."
In a statement at the Freeport shareholder meeting, Patrick Doherty of the
NYC Comptrollerís Office expressed his officeís concern about Freeportís
potential legal liability, and the risks to the reputation and share values
of the company. Since the mid-1990s, Freeportís relationship with the
Indonesian military (known by its acronym, TNI) already has led to tens of
millions of dollars in corporate payments ñ directly to the TNI, to defend
Freeport from lawsuits brought by victims of TNI human rights abuses, and in
an out-of-court settlement with the survivors and family members of those
murdered in the 2002 attack. The NYC Comptrollerís Office believes that
Freeportís ongoing payments to the military likely are in violation of the
Foreign Corrupt Practices Act, opening investors to additional liabilities
and losses.
The NYC Pension Funds filed a resolution last year, which Freeport
successfully challenged at the SEC, but the case led to Freeportís
acknowledgement that it had paid $5.6 million to the Indonesian military in
2002 (and $4.7 million in 2001). The amounts were so excessive that
Indonesian lawmakers raised concerns about the payments establishing a
mercenary relationship between the TNI and Freeport.
Vanuatu Offers to Host Roundtable Meeting On West Papua
West Papua News reported that the Republic of Vanuatuís Foreign Minister
announced his governmentís plan to host a roundtable meeting between the
government of Indonesia and West Papuan representatives. The Minister
stressed the importance of Vanuatuís move to host the meeting in order to
start peaceful dialogue, something that West Papuan leaders and civil
society have long called for.
The minister also conveyed the Indonesian governmentís readiness to
participate in the meeting. No date has been set for the dialogue.
Previously, New Zealand had offered to serve as mediator in a dialogue
between West Papuan leaders and the government of Indonesia. However, New
Zealandís offer was rejected by Indonesia.
Australia Blacklists some Indonesian Special Forces
ABC Australia reported that Australia is blacklisting some of the
Indonesian Special Forces (KOPASSUS) from participating in the
Indonesia-Australia Joint Military training amid Australiaís effort to
resume its relations with the Indonesian military.
"We have said that we cannot work with those
who have committed crimes in the past. This has not made it easy to develop
that relationship but we're trying to achieve a win-win situation here",
stated Australiaís Defense Minister, Robert Hill in an interview with the
Australian Broadcasting Corporation.
Australia and Indonesia military relations ended after the Australian
military intervention in East Timor in 1999. KOPASSUS personnel are alleged
to have been involved in various human rights violations, including the
killing of two American and one Indonesian teacher at Freeport International
School in West Papua.
West Papua Action Network Launched May 13, 2004
West Papua Action Network (WPAN) was officially opened by John Rumbiak,
the leading West Papuan human rights advocate who is also an advisor to the
West Papua based Institute for Human Rights Study and Advocacy (ELSHAM).
WPAN has been established by American citizens who are interested in
defending the rights of the Papuan people. Mr. Rumbiak is currently on a
speaking tour of ten U.S. cities to raise awareness about the on going human
rights violations in West Papua.
Recently Mr. Rumbiak visited Ireland where a majority of national
parliamentarians have requested that the United Nations conduct a formal
review of the 1969 "Act of Free Choice," during which 1,022 Papuans were
hand picked by the military to proclaim unanimously their desire to be part
of Indonesia.
Patsy Spier is one of the eight American, and three Indonesian, survivors
of an ambush that took place in West Papua on August 31, 2002. She says, "I
knew I had to do something about the evil that happened on that mountain. My
role became clear when the Indonesian National Police reported that the
Indonesian military (TNI) were apparently behind the ambush, and then the
TNI exonerated themselves of any involvement." Patsy's fight for justice is
an inspiration to all Americans. Military aid to Indonesia under the IMET
program has been blocked until the TNI fully cooperates with a U.S.
investigation into the attack.
Three Men Accused of Stealing Gun Released
West Papua based Institute for Human Rights and Advocacy (ELSHAM)
reported that three men from Muara Tami Sub-District, West Papua, who were
accused of stealing an M 16 riffle from an Indonesian soldier had been freed
after being arbitrarily detained for three days at a military base. Musa
Selongkik, Yali Kabak and Yusak Kabak revealed to ELSHAM that they were
tortured while in detention. ìYali Kabak was beaten with rod and cane then
kicked repeatedly so that he bled for three days. Yali reported that he was
forced to lie on the floor while a wooden balk was pressed on both his legs
during which he was forced to admit that he was the one stealing the gunî.
Their detention created fears among the local community around their area,
and it led thirty villagers to seek refuge at ELSHAMís office in Jayapura
.
Mining a Sacred Land
The Spring 2004 issue of the journal Human
Rights Dialogue, published by the Carnegie Council on Ethics and
International Affairs, includes an essay on West Papua written by RFK
Support Group member Abigail Abrash Walton. ìMining a Sacred Landî looks at
New Orleans-based Freeport McMoRan's gold and copper mining operations on
Amungme and Kamoro lands in Papua. The issue as a whole addresses the nexus
of human rights and the environment. It is available online at http://www.carnegiecouncil.org/dialogue

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