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TAPOL and ETAN seek judicial review of 1969 ‘self-determination’ Papua vote

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“West Papuans refer to the 1969 referendum as the ‘Act of No Choice’. The referendum was by no means a legitimate exercise of self-determination. Image: Benny Wenda FB

Papua, Jubi – TAPOL and the East Timor and Indonesia Action Network (ETAN) have applied for a judicial review of the “Act of Free Choice” by the Indonesian Constitutional Court.

Recently filed by human rights lawyers on behalf of West Papua customary leaders and churches, the submission states that the highly contested self-determination “referendum” held in 1969 must be deemed contrary to the rights granted under Indonesian constitution, including the rights to freedom of thought and conscience, right to life, right to feel safe, and the right to not be tortured.

The “Act of Free Choice” took place between July 14 and August 2, 1969.

It was implemented following the guidelines of the New York Agreement (Agreement Between the Republic of Indonesia and the Kingdom of the Netherlands Concerning West New Guinea (West Irian [West Papua])of August 16, 1962.

The New York Agreement set the terms of the self-determination process. The UN was to assist Indonesia in overseeing an exercise of free choice by the people of West Papua on their political status, choosing between independence or remaining under Indonesian control.

There was to be full participation by all adults in accordance with best international practice. However, there was no meaningful support from the United Nations to guarantee a freely-held vote.

Instead, note TAPOL and ETAN in their joint statement, Indonesia took control of the process and backed by threats from its military, hand-picked 1025 men and women and forced them to vote for annexation by Indonesia.

Strategic litigation

It is why West Papuans refer to the referendum as “Act of No Choice”. The referendum was by no means a legitimate exercise of self-determination.

“This strategic litigation reminds the international community about the root cause of the long-running conflict in West Papua,” the joint statement said.

“The right to self-determination is an erga omnes norm which means that every State has the obligation to ensure that everyone’s right to self-determination is fulfilled.

“This 50 years of injustice has cost the loss of hundreds of thousands of indigenous West Papuan lives.

“West Papuans today still suffer persecution for expressing their rights to self-determination. We encourage the Indonesian government to accept the submission and to acknowledge that the vote staged in 1969 was contrary to rights granted under the Indonesian Constitution.”

TAPOL and ETAN believe that the right to self-determination is fundamental and that the people of West Papua have not yet been given the freedom to exercise that right.

Both TAPOL and ETAN note that each organisation works to promote human rights, justice and democracy in Indonesia and Timor-Leste.

“We join West Papuans in calling for an internationally-supervised referendum conducted according to international standards,” the joint statement said. (asiapacificreport.nz)

 

Source: Pacific Media Centre Newsdesk

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West Papuans given jail time for rebellion

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Yakonias Womsiwor and Erichzon Mandobar. Photo: Facebook/ Veronica Koman

Papua, Jubi – Two West Papuans have been sentenced to more than a year in an Indonesian prison over a rebellion.

The jail terms come as several cases are being levelled against West Papuan activists and rebels in the restive region.

Yakonias Womsiwor and Erichzon Mandobar were detained in September when authorities raided the office of a Papuan independence group.

According to their lawyer, on Tuesday a judge in the Timika district court sentenced Mr Womsiwor to one year and six months jail.

His co-defendant got one year and three months in prison.

Both were sentenced under a criminal law for coercion and rebellion.

Lawyer Veronica Koman says she’s considering an appeal of the judgement.

During their arrests in Timika, the defendants were shot several times and denied medical attention until rights groups brought attention to their case.

Mr Womsiwor was shot six times in total, while Mr Mandobar was shot once, according to Amnesty International and Ms Koman.

“They were shot without warning as the law required,” Ms Koman said, adding that they were later allowed to be treated by their families.

Their arrests were part of a raid on the Timika secretariat of the West Papua National Committee (KNPB), which was later seized by police.

Earlier in the trial, police and prosecutors had claimed the men were found with ammunition and guns, which the defendants denied was theirs, according to Ms Koman.

She said during the trial two police officers, including a deputy police chief, called as witnesses testified that military personnel had placed the ammunition and guns at the KNPB offices.

Ms Koman added that the sentencing on Monday did not give proper consideration to statements made by the defence.

The sentences come just days after a Polish tourist was jailed for five years for plotting to sell arms to West Papuan rebels. (*)

 

Source: RNZI

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Indonesia loses Pacific asset in Franzalbert Joku

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Indonesian government consultant on West Papua-related issues, Franz Albert Joku. Photo: RNZ / Johnny Blades

Papua, Jubi – Indonesia has lost a significant asset from in its Pacific diplomacy efforts with the recent passing of the West Papuan, Franzalbert Joku.

The prominent Sentani landowner was the international spokesman for the Papua Presidium Council which galvanised momentum in the independence struggle at the turn of the century.

But in his last decade, Mr Joku strongly advocated autonomy for Papua within Indonesia rather than independence. He often represented Indonesia at regional meetings of the Melanesian Spearhead Group and the Pacific Islands Forum.

Mr Joku, who died at the age of 66 late last month in Jayapura, had fled from Indonesian rule in his homeland as a youth with his family in the early 1970s. For around three decades he lived in various parts of Papua New Guinea where Mr Joku worked as a journalist and a PNG government advisor who developed extensive links in the Pacific.

An expert in Indonesian history and politics, Richard Chauvel of the University of Melbourne, says Mr Joku’s career in PNG was significant.

“His great utility both in the early 2000s (for the Papua Presidium) and post 2007/8 for the Indonesian government has been his intimate knowledge of Papua New Guinea politics, through his role as a journalist and then as a political advisor or spokesman for (former PNG PM) Julius Chan and other senior PNG politicians,” Dr Chauvel said.

“I think it’s that knowledge of local PNG politics, and through networks into the Pacific, that made him such a formidable figure, both initially for the Presidium, in the lobbying of the Melanesian Spearhead Group and the Pacific Islands Forum, and then subsequently for doing much the same thing, utilising the same skills and knowledge for the Indonesian government,” he explained.

As an effective envoy for Jakarta, Mr Joku had a forthright approach to his diplomacy, as evidenced last year by his instrumental role in pressing the Solomon Islands government to mollify its support for West Papuan self-determination aspirations:

Occupying both extremes of the Papuan political spectrum over time made Franzalbert Joku a polarising figure in the eyes of West Papuans.

“The way he executed those positions was remarkably the same – with great commitment, very articulate, he was obviously a bright guy… you could never accuse him of being nuanced,” Dr Chauvel said.

Dr Chauvel first met Franzalbert Joku when he was lobbying for the Presidium, the organisation which energised the independence struggle as democatic space opened up briefly in post-Suharto Indonesia around the time of the Papua People’s Congress in 2000 in Jayapura.

“He was just as vigorous and forthright in his advocacy of that position as he later became from 2007/8 onwards when he’d clearly joined the other side,” he said.

Indonesia’s Foreign Affairs Ministry has a number of officials who have led delegations to MSG and Pacific Forum meetings over the past decade.

“They have acquired some of that background knowledge, but I don’t think that they can speak to their counterparts in Vanuatu, Fiji, Solomon Islands and PNG from the same position as Franzalbert could, as a Pacific Islander,” Dr Chauvel said. (*)

 

Source: RNZI

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Polish man charged over links to Papua arms deal to appear in court

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Jakub Skrzypski, a 39-year Polish citizen visiting Papua as a tourist, was arrested in Wamena in late August on suspicion of being a journalist. Photo: Facebook

Papua, Jubi – The trial of a Polish man charged with treason for allegedly supplying arms to Papuan rebel fighters continues today.

Indonesian prosecutors have demanded 10 years’ jail for Jakub Skrzypski, who was arrested in August last year.

According to his lawyer Jakub Skyrzypski was a tourist who wanted to see the culture, customs and history of Papua.

Instead, he was detained and charged on suspicion of arranging an arms deal with the West Papua Liberation Army, a rebel group which is waging war on state forces.

Mr Skrzypski’s lawyer, Latifah Anum Siregar told the Wamena city court on Wednesday he hasn’t committed a crime by meeting with the armed group, according to a copy of her plea.

The public prosecutor, who has called on ten witnesses in the trial, will respond in court on Thursday.

Judges will deliver a verdict after final responses from both sides on Monday.

Mr Skrzypski is being charged alongside his co-defendant, West Papuan student Simon Carlos Magal, who was arrested in September. (*)

 

Source: RNZI

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