The 1st of December is celebrated every year by Papuans at home and
abroad. It marks the day in 1961 when Papuan representatives agreed a
Constitution for a future independent state and adopted a national
flag, the Morning Star flag, Kejora, and a national anthem for the
first time. Their homeland was still a Dutch colony at the time and the
Dutch authorities had indicated their support for Papua to become an
independent state. Celebrations of the historic day always consist of
unfurling the Kejora, as well as holding communal prayers and rallies
in favour of peace and dialogue.
Raising the Papuan
flag was a serious offence under Suharto. Of the four succeeding
presidents, it was only Abdurrahman Wahid who adopted a more
conciliatory approach and announced that the flag could be flown on
condition that the Indonesian national flag was alongside. However, his
successor, Megawati Sukarnoputri reversed this decision, declaring that
flying the flag was illegal. This policy has continued to the present
day.
On 1 December 2004, two Papuans defied the ban and have paid for their
defiance with very heavy sentences. Filep Karma and Yusak Pakage were
tried for the action five months later. Yusak Pakage was sentenced to
ten years while Filep Karma was sentenced to fifteen years. Both men
are still serving their sentences. [See TAPOL Bulletin, No 179, July
2005]
While these two men are serving heavy sentences for engaging in a
peaceful action, security force officers continue to enjoy impunity for
a host of crimes perpetrated over the years in West Papua.
More acts of defiance in 2007
Last year, the government of Susilo Bambang Yudhoyono reiterated the
ban on flying the flag. The promulgation of Presidential Decree 77/2007
banning the use of unofficial local symbols has sparked a series of
protest demonstrations and demands for a referendum on the territory’s
future.
A report from Front Pepera, the United Front of Struggle of the People
of West Papua, announced on 1 December last year that the Morning Star
flag was held aloft in Timika for two hours in the morning until a unit
of Brimob police turned up and pulled it down. Fifteen people involved
in the ceremony were arrested. The flag was raised in other places too.
In Mimika a large crowd of people hoisted the flag at dawn on 1
December but within minutes, the police arrived and pulled the flag
down; six people were arrested.
It remains to be seen whether those who were arrested on these
occasions will go on trial and, if so, whether they too will be given
harsh sentences.
Focus now on protesting against PP 77/2007
In a departure from normal practice, the latest demonstrations have
been devoted to protesting against the presidential decree. Those
participating have been enjoined not to fly the flag.
Two demonstrations were held in Manokwari in March this year for the
specific purpose of protesting against presidential decree 77/2007.
Taking the lead was an organisation called the West Papua National
Assembly. Although some of those at the demonstration raised the flag,
the organisers made a point of stressing that it should not have been
unfurled. They stressed moreover that the demonstrations had been held
with police permission.
Two Papuans who have taken responsibility for the protest
demonstrations are now in police custody. One is Frans Kareth, an
economist, arrested following a demonstration on 3 March and
immediately subjected to police interrogation. He was informed that he
was likely to be charged under several articles of the Criminal Code,
including Articles 106, 107 and 110 which criminalise acts of
separatism and subversion. The maximum penalty under Article 106 is
life while the maximum penalty for subversion is fifteen years.
The other person arrested and now likely to face serious charges is
Jack Wanggai. His arrest occurred following the second demonstration on
13 March. One of the organisers of this demonstration, Daviid Rumbiak
of the Manokwari Law School, said that introducing PP77 would not help
solve the problems in West Papua. Several leaders of the student
council of the Law School involved in organising the demonstration said
that it had not been held to unfurl the Kejora flag and they regretted
that some of those present had done so. Nevertheless, they said that
they would take responsibility for what had happened. All those
demonstrators who had raised flag were immediately arrested, including
a youngster aged 15 years.
One of the demands made during this second demonstration was for the
Papuan People’s Assembly, the MRP, to be disbanded, on the grounds that
it had proven ineffective. The demonstrators also complained bitterly
about the government’s failure to implement Law No 21, 2001 on Special
Autonomy for Papua. In both demonstrations, there were calls for a
referendum.
When Jack Wanggai turned up at the second demonstration, he said he had
already received two summonses from the police. He delivered a speech
and then handed himself over to the police. His lawyer, Yan Christian
Warinussy, said the police should be aware that the international
community is watching what is happening in West Papua.