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Three Muslim Witnesses in Tolikara Case Say Suspects Not Involved in Arson, Stone-Throwing

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Peoples held a protest when first trial running at at Jayapura District Court - Jubi

Peoples held a protest when first trial running at at Jayapura District Court – Jubi

Jayapura, Jubi – Three witnesses from Tolikara presented by the Public Prosecutor in the trial over the Tolikara incident held at Jayapura District Court were praised by two defendants and their attorney after they testifed that they did not see Jundi Wandikbo and Arianto Kogoya at the scene, contrary to prosecutors’ charges.

The three witnesses who have lived for 10 years in Tolikara are Sarno, Usman and Ali Mukhtar. The testimony of the three witnesses, who were also victims of the rock-throwing and arson incident on 17 June is a breath of fresh air for the defendants.

The suspect’s attorney Gustaf Kawer said their testimony relieved the charges over his clients. “Their testimony didn’t point to the suspects, but help my clients,” Kawer told Jubi on Thursday (3/12/2015) after the hearing on Wednesday (2/12/2015).

In answering the prosecutor’s question, the witnesses justified the stone throwing towards approximately 400-500 Muslims who were doing Eid prayer at Karubaga Military Command yard at 06:20 AM. They heard a voice screaming “Dismiss! Dismiss! from megaphone to the Muslims. But they confessed they didn’t see both suspects among the GIDI at that morning.

The first witness to testify was Sarno. He said,” There was screaming after fifth takbir. I thought it was not too long, about ten minutes, I heard screaming “Dismiss’,” Sarno told in the trial answering the Judge. His hand was bleeding due to stone throwing in that incident.

He also confessed he didn’t see the suspect’s face to answer the prosecutor’s question whether he saw who was behind the megaphone screaming to disperse the Muslims. “Yes, there was someone hold the megaphone, but I don’t know who is he because there were about 50 or 70 people out there. But yes, there it was (holding megaphone),” he said.

He admitted recognize Jundi Wadimbo because the suspect shopped at his kiosk, which was burned in the incident for several times. But, he just knew Arianto after the trial. “I didn’t see, I was panic at that time. When I say Arianto at the scene, but I didn’t see him throwing the stone,” he said.

Two other witnesses Ali Usman and Ustadz Ali Mukthar said the similar thing. “It’s right there was fire on houses, kiosks and stone throwing, but they were not involved at all. And the most important of their testimony, they talked about peace agreement that the problem out there has been settled,” said Kawer.

Arianto Kogoya expressed his gratitude to Sarno who were his former teacher at Karubaga Junior High School to come in the trial though he should come from distance, from Karubaga to Jayapura.
‘Thank you to this old man for coming and want to present in this court. I must thank him for clearly testifying in this court, and furthermore, he was my former teacher at Junior High School. He was one of my parents and now he was testified over me, spoke the truth about what I did with Jundi, and the police also knew both I and Jundi were to secure the situation at that time. We were to calm down the crowd,” he said.

Meanwhile, the Public Prosecutor Gloria Sinohaji didn’t bother whether the testimony of three witnesses to relieve the charges. According to her, the witnesses are both victims and witnesses based on what they have seen and heard.
“The incident is truly occurred, there was creaming, incitement. That’s we want to prove, that both suspects did the incitement, fire and violence. That’s we want to prove,” Prosecutor told Jubi at the court.

Related to the testimony considered to be relieved the suspects, she said she want to prove something. “When we want to prove a case, we had a strategy. Look, I was the victim, I was beaten, but we can prove it through other witnesses about who was beat people, who was threw the stones. When you were the victim, you got beaten you might don’t know who did it. We can not force the victims to tell but at least they can hear the screaming,” she said.

The trial will continue on Thursday (10/12/2015) with the agenda of hearing the witness from the Public Prosecutor. (Yuliana Lantipo/rom)

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Indonesia’s political system has ‘failed’ its minorities – like West Papuans

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Human Rights Watch researcher Andreas Harsono … violent repression has “created unnecessary paranoia and racism among Indonesian migrants in West Papua”. Image: HRW

By David Robie

A human rights defender and researcher has warned in a new book published on the eve of the Indonesian national elections tomorrow that the centralised political system has failed many of the country’s 264 million people – especially minorities and those at the margins, such as in West Papua.

Author Andreas Harsono also says a “radical change is needed in the mindset of political leaders” and he is not optimistic for such changes after the election.

Harsono is author of Race, Islam and Power: Ethnic and Religious Violence in Post-Suharto Indonesia, a book based on 15 years of research and travel between Sabang in Aceh in the west and Merauke in West Papua in the East.

Founding President Sukarno used the slogan “from Sabang to Merauke” when launching a campaign – ultimately successful – to seize West Papua in 1961.

But, as Harsono points out, the expression should really be from Rondo Island (an unpopulated islet) to Sota (a remote border post on the Papua New Guinean boundary.

Harsono, a former journalist and Human Rights Watch researcher since 2008, argues that Indonesia might have been more successful by creating a federation rather than a highly centralised state controlled from Jakarta.

“Violence on post-Suharto Indonesia, from Aceh to West Papua, from Kalimantan to the Moluccas, is evidence that Java-centric nationalism is unable to distribute power fairly in an imagined Indonesia,” he says. “It has created unnecessary paranoia and racism among Indonesian migrants in West Papua.

‘They’re Melanesians’

“The Papuans simply reacted by saying they’re Melanesians – not Indonesians. They keep questioning the manipulation of the United Nations-sponsored Act of Free Choice in 1969.”

Critics and cynics have long dismissed what they see as a deeply flawed process involving only 1025 voters selected by the Indonesian military as the “Act of No Choice”.

Harsono’s criticisms have been borne out by a range of Indonesian activist and watchdog groups, who say the generals behind the two presidential frontrunners are ridden with political interests.

The Commission for Missing Persons and Victims of Violence (Kontras) and the Mining Advocacy Network (JATAM) have again warned that both presidential candidate tickets — incumbent President Joko “Jokowi” Widodo and running mate Ma’ruf Amin as well as rival Prabowo Subianto and Sandiaga Uno — have close ties with retired TNI (Indonesian military) generals.

These retired officers are beholden to political interests and the prospect of resolving past human rights violations will “become increasingly bleak” no matter who is elected as the next president.

Kontras noted that nine out of the 27 retired officers who are behind Widodo and Ma’ruf have a “problematic track record on human rights”.

“Likewise with Prabowo Subianto and Sandiaga Uno where there are eight retired officers who were allegedly involved in past cases of HAM violations”, said Kontras researcher Rivanlee Anandar.

Prabowo himself, a former special forces commander, is implicated in many human rights abuses. He has been accused of abduction and torture of 23 pro-democracy activists in the late 1990s and he is regarded as having knowledge of the killing hundreds of civilians in Santa Cruz massacre in Timor-Leste.

90,000 killed post-Sukarno

Harsono’s 280-page book, with seven chapters devoted to regions of Indonesia, documents an ”internally complex and riven nation” with an estimated 90,000 people having been killed in the decade after Suharto’s departure.

“In East Timor, President Suharto’s successor B. J. Habibie agreed to have a referendum [on independence]. Indonesia lost and it generated a bloodbath,” says Harsono.

“Habibie’s predecessors, Megawati Sukanoputri and Susilo Bambang Yudhoyono, refused to admit [that] the Indonesian military’s occupation, despite a United Nations’ finding, had killed 183,000 people between 1975 and 1999.”

Harsono notes how in 1945 Indonesia’s “non-Javanese founders Mohammad Hatta, Sam Ratu Langie and Johannes Latuharhary wanted an Indonesia that was democratic and decentralised. They advocated a federation.”

However, Sukarno, Supomo and Mohammad Yamin wanted instead a centralised unitarian state.

“Understanding the urgency to fight incoming Dutch troops, Latuharhary accepted Supomo’s proposal but suggested the new republic hold a referendum as soon as it became independent. Sukarno agreed but this decision has never been executed.”

The establishment of a unitarian state “naturally created the Centre”, says Harsono. “Jakarta has been accumulated and controlling political, cultural, educational, economic, informational and ideological power.

Java benefits

“The closer a region to Jakarta, the better it will benefit from the Centre. Java is the closest to the Centre.

“The further a region is from the Centre, the more neglected it will be. West Papua, Aceh, East Timor and the Moluccas are among those furthest away from Jakarta.”

The centralised political system needed a “long and complex bureaucracy” and this “naturally created corruption”, Harsono explains.

“Indonesia is frequently ranked as the most corrupt country in Asia. Political and Economic Risk Consultancy Ltd listed Indonesia as the most corrupt country in Asia in 2005.”

Harsono also notes how centralised power has helped a religious and ethnic majority that sees itself as “justified to have privileges and to rule over the minorities”.

The author cites the poet Leon Agasta as saying, “They’re the two most dangerous words in Indonesia: Islam and Java.” Muslim majority and Javanese dominance.

Harsono regards the Indonesian government’s response to demands for West Papuan “self-determination” as “primarily military and repressive: viewing Papuan ‘separatists’ as criminals, traitors and enemies of the Republic of Indonesia”.

He describes this policy as a “recipe for ongoing military operations to search for and destroy Papuan ‘separatists’, a term that could be applied to a large, if not overwhelming, portion of the Papuan population”.

Ruthless Indonesian military

 

“The Indonesian military, having lost their previous power bases in east Timor and Aceh, ruthlessly maintain their control over West Papua, both as a power base and as considerable source of revenue.

“The Indonesian military involvement in legal businesses, such as mining and logging, and allegedly, illegal businesses, such as alcohol, prostitution, extortion and wildlife smuggling, provide significant funds for the military as an organisation and also for individual officers.”

Pro-independence leaders have called on West Papuans to boycott the Indonesian elections tomorrow.

Andreas Harsono launched his journalism career as a reporter for the Bangkok-based Nation and the Kuala Lumpur-based Star newspapers. In the 1990s, he helped establish Indonesia’s Alliance of Independent Journalists (AJI) – then an illegal group under the Suharto regime, and today the most progressive journalists union in the republic.

Harsono was also founder of the Jakarta-based Institute for the Studies on the Free Flow of Information and of the South East Asia Press Alliance (SEAPA).

In a separate emailed interview with me in response to a question about whether there was light at the end of the tunnel, Harsono replied: I do not want to sound pessimistic but visiting dozens of sites of mass violence, seeing survivors and families’ who lost their lost ones, I just realised that mass killings took place all over Indonesia.

“It’s not only about the 1965 massacres –despite them being the biggest of all– but also the Papuans, the Timorese, the Acehnese, the Madurese etc.

“Basically all major islands in Indonesia, from Sumatra to Papua, have witnessed huge violence and none of them have been professionally understood. The truth of those mass killings have not been found yet.” (asiapacificreport.nz)

Professor David Robie is director of the Pacific Media Centre.

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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 call for mass boycott of Indonesian elections

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Exiled West Papuan leader Benny Wenda on a visit to New Zealand’s Pacific Media Centre at Auckland University of Technology in 2013. Image: Del Abcede/PMC

By Tom Stayner of SBS News

A West Papuan independence leader and Nobel peace prize nominee is calling for a mass boycott of Indonesia’s upcoming elections to bring attention to their independence struggle.

Benny Wenda was granted political asylum in the United Kingdom 16 years ago – following an escape from custody while on trial in West Papua.

In exile, he has led the campaign for the self-determination that his countrymen say they have lacked since Indonesia gained internationally-recognised control of West Papua through a disputed referendum vote 50 years ago.

Wenda told SBS News from London, that he is calling for a mass boycott of Indonesia’s upcoming elections to again bring attention to a decades long independence struggle.

“This is a critical time for our people because the election for a colonial occupied force is not legitimate,” Wenda said.

“FROM NOW ON WE WILL NOT TAKE PART IN INDONESIAN ELECTIONS BECAUSE WE ARE NOT INDONESIAN.”

“We are Melanesian. We are the Pacific islanders… People are fed up – enough is enough,” he said.

Indonesian elections

On April 17 – more than 190 million registered Indonesian voters will go to the polls for presidential and general elections.

Favoured incumbent President Joko Widodo is being challenged by former military general Prabowo Subianto.

Subianto is also the son-in-law of long-time former President Suharto – who led Indonesia for three decades.

Southeast Asia analyst Damien Kingsbury said both candidates have adopted “nationalist” sentiments in their campaign so far.

“There are both populists that are operating on a populist agenda,” he said.

“Jokowi is trying to broaden his appeal out to the middle ground of Indonesian voters. Prabowo is appealing much more to a base.”

Professor Kingsbury said despite making up some recent ground, Subianto is well behind President Widodo in most polling.

“The polls have been showing that Jokowi is running at around the 50 percent mark in terms of popularity,” he said.

“Prabowo is running at around the 30 percent mark with a significant number of undecided voters.”

This is the second time the two rivals will face off after President Widodo defeated Subianto in elections five years ago.

According to the West Papua National Committee, hundreds of thousands of West Papuans boycotted those elections in 2014.

West Papuan militants back boycott

Indonesia’s control of West Papua has long been a flash-point for ongoing low level conflict between Indonesian forces and Indigenous Papuan militants.

Indonesia recently deployed 600 soldiers to protect the building of a major highway in West Papua, in response to the killings of 19 Indonesian road workers. The road project was a signature promise that President Joko Widodo made to the region.

In following clashes with militants, Indonesia’s military said three of its soldiers were killed along with up to 10 rebels.

But despite this escalation, Professor Kingsbury said West Papua had essentially been a “non-issue” in the election campaign.

“Both candidates believe that that Melanesian West Papuans should accept they are Indonesian,” he said.

“[They believe] the separatist movement [in West Papua] is essentially a criminal organisation.”

In a statement seen by SBS News, the West Papua Liberation Army (TPNPB-OPM) declared its intention to support the push to boycott 2019 elections.

“The TPNPB-OPM never recognised the existence of the Colonial Government of the Republic of Indonesia in Papuans Customary Lands,” the statement reads. (asiapacificreport.nz)

 

Source: asiapacificreport.nz

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