This is the 104th in a series of monthly
reports that focus on developments affecting Papuans. This
series is produced by the non-profit West Papua Advocacy
Team (WPAT) drawing on media accounts, other NGO
assessments, and analysis and reporting from sources within
West Papua. This report is co-published with the East Timor
and Indonesia Action Network (ETAN). Back issues are
posted online at
http://www.etan.org/issues/wpapua/default.htm Questions
regarding this report can be addressed to Edmund McWilliams
at
WPAT Note: With the October 2012 edition, West Papua Report changed
format: The Report now leads with "Perspective," an
opinion piece; followed by "Update," a summary of some
developments during the covered period; and then "Chronicle" which lists of statements,
new resources, appeals and action alerts related to
West Papua. Anyone interested in contributing a "Perspective"
or responding to one should write to
Contents: Perspective: Reflections on The New
York Agreement by Dr. John Saltford Chronicle:
Update:
To mark the 50th anniversary of the signing of the "New York
Agreement" (September 1962) which led to Indonesian annexation of West
Papua, we offer below a reflection regarding that agreement's implications
for West Papua. Dr. John Saltford, who has authored this Perspective, is an
internationally respected scholar and author of The United Nations and
The Indonesian Takeover of West Papua 1962-1969: The Anatomy of Betrayal.
Reflections on the 1962 New York Agreement
In October 1962 Dutch rule in West Papua ended and was replaced by a
temporary UN administration (UNTEA). This was established as part of the
UN-brokered New York Agreement [1], signed between The
Netherlands and Indonesia to resolve their dispute over the territory. For
all its flaws, this agreement guaranteed the Papuans the right to
self-determination in accordance with international practice, but this never
happened. Indonesia took over from the UN seven months later and never left.
In October 2012 Indonesian security forces attacked peaceful political
rallies in several West Papuan cities and intensified sweep operations in
the Central Highlands forcing hundreds of villagers to flee [2].
These were not isolated incidents. According to Amnesty International, fifty
years after the New York Agreement, Indonesia continues to deny Papuans
their rights to freedom of expression and peaceful assembly [3].
A good reason therefore to re-examine the origins of this agreement, its
content and implementation.
With no genuine involvement by the population, the UN effectively stood by as
Indonesia hand-picked, bribed and threatened 1,022 Papuans to take part in the
1969 "Act of Free Choice" - a series of theatrical ceremonies in which the
selected Papuans stood up on command to indicate unanimous consent for
integration with Indonesia.
In 1949 the Dutch ceded sovereignty of the Netherlands East Indies to the
new Indonesian Republic but kept West Papua, not least because they reasoned
that the Papuans were ethnically and culturally completely different to the
Indonesians. Over the next thirteen years preparations for West Papuan
independence progressed in the face of increasingly strong opposition from
Jakarta which claimed the territory for itself.
But arguments over who should determine West Papua's future were superseded
by the August 1962 signing of the New York Agreement, and its
acknowledgement that it was for the Papuans, and no one else, to decide
whether the territory should become an independent state or a province of
Indonesia.
The transfer of administration from Dutch to UN control was the first stage
of the agreement. But from the start, instead of safeguarding Papuan
political and human rights, UNTEA's priority was simply to hand the
territory over to Indonesia as quickly as possible. As one senior UN
administrator privately reported:
"I have yet to meet any thinking, sober, generally responsible Papuan who sees any good in the coming link with Indonesia. Unwelcome as the anxiety and resistance of thinking Papuans maybe it is of course hardly surprising if one is not under pressure to close one's eyes to what is in fact happening to this people at the hands of the three parties to the Agreement." [4]
Once
UNTEA had withdrawn, Article 16 specified that some UN experts were to
remain to advise and assist the Indonesians in preparations for Papuan
self-determination that was to take place before the end of 1969. But these
experts were never deployed because Indonesia objected.
Under Article 17, one year prior to self-determination, the
Secretary-General was to appoint a representative to lead a team of UN
officials, including those already stationed in the territory. Their task
was to continue to build on the work outlined in Article 16 and remain until
the act of self-determination was complete.
A Bolivian, Ortiz Sanz, was appointed but, as he made clear in his official
report [5], the non-implementation of Article 16 meant that
there were no experienced UN staff in the territory for him to lead. Instead
he was left with a newly arrived team of 16 who were supposed to advise and
participate in an act of self-determination covering a territory roughly the
size of California.
Under Article 22, the UN and Indonesia had to guarantee fully the rights,
including the rights of free speech, freedom of movement, and of assembly of
the Papuans. These rights were not upheld and the official 1969 UN report
concedes that "the (Indonesian) Administration exercised at all times a
tight political control over the population." [6]
Under Article 18, all adult Papuans had the right to participate in an act
of self-determination to be carried out in accordance with international
practice.
This central tenet of the agreement was never implemented. Instead, with no
genuine involvement by the population, the UN effectively stood by as
Indonesia hand-picked, bribed and threatened 1,022 Papuans to take part in
the 1969 "Act of Free Choice" - a series of theatrical ceremonies in which
the selected Papuans stood up on command to indicate unanimous consent for
integration with Indonesia. The final wording of the UN report says only
that the procedure had been carried out in accordance with "Indonesian" and
not "international" practice as required by the agreement.
One could argue "International Practice" is too vague a term here to have
any meaning. But in fact, acceptable international practice had been set out
in UN General Assembly Resolution 1541 of December 1960. This specified the
circumstances under which a non-self governing territory (which West Papua
was) could integrate with an independent state.
In particular, Principle IX states:
"The integration should be the result of the freely expressed wishes of
the territory's peoples acting with full knowledge of the change in their
status, their wishes having been expressed through informed and democratic
processes, impartially conducted and based upon universal adult suffrage." [7]
Clearly the "Act of Free Choice" did not even begin to fulfill these
conditions.
This all happened decades ago and some claim there is little point arguing
about the past. It is the future that matters. But I believe a proper
acknowledgement of the truth, by Jakarta, the Netherlands, and the UN, is a
necessary step towards finding a just and lasting solution to the tragedy of
West Papua. [8]
[] General Assembly Official Records
United Nations, 17th Session, Annexes Agenda item 89, Doc A/5170, Annex of
20 August 1962,
Agreement between the Republic of Indonesia and the Kingdom of the
Netherlands concerning West New Guinea (West Irian).
[] WPAT/ETAN,
West
Papua Report, November 2012
[] Amnesty International.
Annual Report, Indonesia, 2012
[] Report by G. Rawlings (Divisional
Commissioner, Biak) to Somerville, UNTEA Internal Affairs Director, 12
December 1962, UN Archives, DAG 13/2.1.0.1:3
[] Twenty-Fourth Session, Agenda item 98: Report of the
Secretary-General Regarding the Act of Self-determination in West Irian.
A/7723, 6 November 1969. [Including Annex I, Report by Ortiz Sanz, and Annex
II, Report of the Indonesian Government].
[] ibid
[] General Assembly Official Records United Nations, 15th Session, 948th plenary meeting,
Resolution 1541, 15 December 1960, Principles which should guide members
in determining whether or not an obligation exists to transmit the
information called for under Article 73e of the Charter, Annex Principle ix.
[] These topics are addressed in more detail in the
author's book: John Saltford, The United Nations and the Indonesia
Takeover of West Papua, 1962-1969: The Anatomy of Betrayal (London:
RoutledgeCurzon, 2003).
Update
UN for Human Rights Expresses Concerns about West Papua During Jakarta Visit
At a November 13 press conference in Jakarta,
United Nations Commissioner for Human Rights Navanethem Pillay called on
the Indonesian government to implement international human rights standards
legislatively at local and national levels
She publicly encouraged the government "to move forward with setting up ad hoc human rights courts, as envisaged under law No. 26/2000, to investigate the enforced disappearances of student activists in the late 1990s and serious violations in Aceh and Papua." She said that she had learned more about the "extent and egregious nature of past violations of human rights, from the killings of communists in 1965 and of students in the late 1990s, to later crimes in the Aceh region and what is now Timor-Leste." She called for "credible prosecutions of perpetrators."
In meetings with senior Indonesian officials
she also raised concerns about increased violence in Papua this year.
Pillay said that she "recommended that the Government take further steps to
ensure criminal accountability. I was also concerned to hear about activists
being imprisoned for the peaceful exercise of freedom of expression."
Pillay welcomed the Indonesian government's decision to invite the UN
Special Rapporteur on Freedom of Expression to Indonesia.
(WPAT Note: It is unclear whether the Special Rapporteur's visit to
Indonesia will include West Papua. Given the extensive violations of freedom
of expression in West Papua, particularly over the peaceful display of
symbols such as the morning star flag, no visit to Indonesia by this Special
Rapporteur could be considered meaningful or complete without a visit to
West Papua.)
see also Human Rights Watch: Indonesia:
UN Rights Visit Can Challenge Discrimination, Impunity, Plight of Religious
Minorities and Papua Abuses Are Serious, Ongoing Problems
Indonesian Security Authorities Disrupt Peaceful
Rallies
Security forces arrested several people who sought to peacefully mark the 51st anniversary of West Papua's independence. Initial reports indicate Indonesian security authorities employed tear gas to break up a demonstration in Jayapura (Port Numbay). Rallies were also planned to be held in Sorong, Nabire, Fak Fak, Manokwari, Wamena,, Timika and Serui.
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U.S. Ambassador Scot Marciel and other Embassy staff visited Papua November 5. (U.S. Embassy Photo) |
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Victor Yeimo, Chairman of KNPB, negotiating with police moments before his arrest, December 1, 2012, Abepura (Photo: WK, KNPB via westpapuamedia.info) |
U.S. Visits West Papua - Lauds Indonesian Military
U.S. Ambassador Scot Marciel
visited West Papua in early November in what State Department officials
described to West Papua Report as one of a series of periodic visits
by the Ambassador to West Papua. Marciel met with members of the Papuan
Provincial Assembly (DPRP), the Papuan Peoples Council (MRP), senior members
of the Provincial Military Command and the Inspector General of the Police
Force. State Department officials told WPAT Marciel also met with civil
society groups.
According to a
November 7 report in Bintang Papua, translated by TAPOL,
Marciel told senior military officials that the US was very impressed by the
developments that the TNI (the Indonesian army) had achieved including its
"reforms."
(WPAT Comment: It is unclear what reforms Marciel was referring to nor is there any indication that the US Ambassador raised the TNI's ongoing military sweep operations that jeopardize the lives of Papuan civilians.)
In response to the ambassador's question as to why the duties of the military command in West Papua were so much greater there than elsewhere and required such a different approach, the chief of staff said that the military were acting in accordance with their "duties" as 'Noble Protectors of the People' (Ksatria Pelindung Rakyat).
(WPAT Comment: The military, under the Suharto dictatorship and since, has drawn upon its role as so-called "Noble Protectors of the People" as the basis for its intrusion into civilian affairs and to justify its substantial commercial interests. See The Role of ABRI in the Post-Suharto Era [PDF])
In his meeting with DPRP (Papuan Parliament) members, Marciel raised the two-year delay in holding of elections for Governor. DPRP members acknowledged that because of the continued absence of an elected governor, no budget had been produced and there was no one who could take responsibility for finances. This was described by DPRP members as having "serious consequences for the people."
In his meeting with senior police officials, the Ambassador reportedly
urged that the police pursue a lenient approach. The police should not be
seen as solely involved in arresting and detaining people, and the police
should put a priority on activities which bring them close to the
people. The Ambassador spoke positively about US cooperation with the police
in future years.
Papuans in
Employment
According to the
November 20 Tabloid Jubi (translated by TAPOL), the acting
governor of Papua province Constan Karma, spoken about the marginalization
of Papuans in employment: "In the competition for jobs, the people with
better qualifications always succeed. Indigenous Papuans are not yet able to
compete with people who have come from elsewhere because they have better
qualifications. The result is that more and more indigenous Papuans are
unemployed and this is causing social tensions."
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Displaced Papuans flee security sweeps in Keerom District. Photo from Elsham Papua. |
Operations Drive More Papuan Civilians into Papuan Forests
A report by Elsham revealed that 38 civilians who fled their village of in Keerom District in July remain in the forest. They fled because of five-month sweep operation conducted by the Indonesian military and police in the area. The displaced are subsisting on sago and worms, and children have been unable to attend school.
Indonesian security authorities, especially Indonesian Special Forces (Kopassus) and the U.S.-backed police unit Detachment 88 are continuing to persecute leading members of the West Papua National Committee (KNPB). In October, Indonesian special forces sought in vain to detain prominent women's and environmentalist activist Fanny Kogoya who, earlier this year, was elected to head the Papua desk for the WALHI, Indonesian branch of Friends of the Earth. The security forces also targeted students associated with her work. Kogoya, also a women's rights defender from the grassroots Papuan Women's Network TIKI, has been placed on a Papua wide wanted persons list (Daftar Pencarian Orang or DPO) by the U.S. and Australian-trained and funded Detachment 88 anti-terror investigators.
Calls for Security Force Accountability in West Papua
A number of prominent human rights organizations and prominent civil society figures have recently called for human rights accountability in West Papua.
The human rights watchdog Institute for Research and Advocacy (Elsam) has
once again urged the government to prosecute unfinished human rights
violation cases.
According to Elsam executive director Indriaswati D. Saptaningrum, most
of the perpetrators involved in human rights violations "still walk free, as
the government has kept silent." (The Elsam comments were made during the
commemoration of International Day to End Impunity. The international
commemoration day is observed by human rights activists to call on
governments to bring justice for those who were killed or kidnapped when
they tried to defend their freedom of expression.)
Budi Setyanto, a lawyer who is the director of the Institute for Civil
Strengthening. Setyanto called "extremely serious" the fact that many human
rights violations against the indigenous Papuan people have never been
resolved. "'This matter needs to be resolved by the government which should
make an inventory of all the cases that have occurred so that the general
public is aware of the many cases that have not be resolved," he said.
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Suciwati at a memorial on the spot where Eluay was kidnapped before his murder by Kopassus. Photo Pantau Foundation/Angela Flassy |
He also said that the Papuan provincial governors and provincial administrations should participate in this work, by setting up a special team to draw up a comprehensive list of all the violations that have occurred. "This is a matter," he said, "that needs the full attention of the government and should not be dealt with in a half-hearted way."
Separately, Suciwati, the widow of the murdered human rights champion Munir Said Thalib, visited the Jayapura grave of Papuan political leader Theys Eluay on the anniversary of his November 10, 1991 murder by Kopassus. Suciwati used the occasion to speak out against the many inadequately resolved murder cases in West Papua. "Our society is too forgiving, too easy to forget. We must change this. They can kill Munir, Theys for speaking out the truth but they can't kill the truth itself," Suciwati said.
Boy, Eluay's son, said Papua desperately needs support from activists in Jakarta and elsewhere. Security officials in Papua always view human rights protests as separatist, he said. Law enforcers "always have a stigma and when we do any activity related to human rights they come and attach that stigma.... Support from friends outside of Papua is needed for the state to put that stigma away. He added that "If a big person like Theys can be murdered what would happen to the rest of us? We don't want our children to be future victims of such atrocity," he said. "It is time for the victims' families to do a more organized act for justice and human rights in Papua."
(WPAT Comment: The Indonesian government's failure, over many decades,
to address security force impunity for human rights violations throughout
the archipelago, but especially in West Papua, exacerbates the climate of
fear and intimidation that engulfs target populations such as the Papuans.)
Chronicle
Article Reveals Absence of Government in Much of West Papua
Inside Indonesia, November 25, published a highly revealing account of the reality of life in West Papua, particularly in rural areas where the majority of Papuans live. The author, Bobby Anderson, writes in "Living without A State," that West Papua ranks last out of all 33 Indonesian provinces according to Human Development Indicator measurements. He observes that in most places outside of the towns, Papuans do not reject the Indonesian state. Rather, the state simply plays little or no role in their lives, for better or for worse. Across large parts of the highlands, there is little evidence of the state other than empty schools, health clinics, and hospitals. Civil servants, police, and military are few and far between. "The essential problem of health and education services in the highlands is not lack of physical structures, but poor management of human resources in these areas. New buildings remain empty, and although civil servants are theoretically assigned to work in these areas, the vast majority of them are not present in their duty stations. This is the norm across the highlands."
The number of young men, women, and children dying of unknown causes is out of
proportion to the already abysmal provincial averages
Anderson describes one subdistrict in particular, Lolat, created in 2002, where there are almost no government services. Visibly malnourished children in the area show bloated stomachs and stunted growth. "A local NGO, Yasumat, runs five parallel schools, 19 health clinics, and four health posts. While paid teachers and health care workers are absent, a cadre of local volunteers strives to provide needed service," Anderson writes.
Immunization programs do not exist in remote areas. No immunizations have been provided by the district government outside of intermittent offerings in the town of Dekai in the last ten years. "TB and HIV rates in Lolat are unknown, but the number of young men, women, and children dying of unknown causes is out of proportion to the already abysmal provincial averages. It seems likely that men working in the cities as part of the construction boom caused by the proliferation of new districts are contracting HIV and bringing it home with them. Just as HIV infection levels are unknown, so are condoms, which have never been seen in the area," reports Anderson.
The end of the Suharto dictatorship in 1998 brought new hardships. A planned takeover of local governance by new state institutions effectively never happened. Instead, the "takeover" resulted in the breakdown of the established system. According to Anderson, "There was no period of transition and no handover." He also reveals the failure of "Special Autonomy," introduced in 2001 as a way to relieve pressures for independence, address Papua's underdevelopment and improve service delivery. The policy, he notes, led to "a dramatic increase in government funds available for development purposes. However, an overstaffed and under-performing provincial bureaucracy absorbs the majority of Special Autonomy funds."
Link to this issue: http://etan.org/issues/wpapua/2012/1212wpap.htm