ETAN/WPAT: Statement on Killing of Papuan Leader Kelly Kwalik

Contact: Ed McWilliams, West Papua Advocacy Team (WPAT), +1-401-568-5845
John M. Miller, East Timor and Indonesia Action Network (ETAN), +1-718-596-7668

The December 16 killing of pro-Papuan independence leader Kelly Kwalik by Indonesian police risks further alienation of Papuans and is likely to seriously undermine Papuan efforts to begin an internationally-mediated dialogue with the Indonesian government. Simultaneous police allegations that Kwalik was involved in lethal attacks in the Timika area in this year and in 2002 are not credible. Making Kwalik a scapegoat only serves to mask the failure of Indonesian authorities to credibly resolve these cases.

The evidence clearly points to Indonesian military involvement in the 2002 attacks, which resulted in the deaths of three teachers, including two Americans, at the Freeport mine. Recently, Kwalik in a meeting with security officials categorically denied that Papuan pro-independence fighters were behind this year's attacks near the mine. His denial of responsibility was supported by police officials, who countered initial claims by military officials that the attacks were the work of the pro-independence fighters.

Kwalik has in recent years endorsed a Papua-wide effort to seek a negotiated settlement with Jakarta by creating a Zone of Peace in the region.

Violent protests by Papuans angered over the killing of yet another Papuan leader underscore how distrustful Papuans are of Indonesian security authorities. The killing could lead to further hardening of Papuan attitudes toward cooperation with Jakarta.

Beyond these consequences, there are immediate questions:

• Was Kwalik's presence a result of police subterfuge?  Was he lured from his jungle stronghold by police offer of discussion along the lines of a meeting with the chief of police several months earlier?
• What is the fate of those arrested at the time of the shooting of Kwalik, including that of the ten year old boy among those detained?
• Was appropriate, timely, medical attention afforded to the wounded Kwalik after he was shot?
• In the wake of this killing, will the Indonesian Government finally respond to efforts by Papuans to launch an internationally facilitated dialogue to address critical issues, including security force brutality and legal impunity, marginalization of Papuans in their own land and environmental destruction?

Dili Insider blog shuts down due to threats

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Timor Parliament passes resolution on CAVR and CTF reports

On December 14, the Timor-Leste parliament passed a long-delayed resolution on implementing the recommendations of the Commission for Reception, Truth and Reconciliation in Timor-Leste (CAVR) and Commission on Truth and Friendship (CVA/CTF) reports. The resolution passed with 34 yes vote in the affirmative, none opposed, and one abstention. Below is an unofficial English translation by La'o Hamutuk; the Portuguese language original follows afterwards. The resolution gives Parliament at least another three months to discuss implementation in committee.

DEMOCRATIC REPUBLIC OF TIMOR-LESTE
NATIONAL PARLIAMENT

Draft Resolution No 34/II.
Implementation of the Recommendations of the Commission for Reception, Truth and Reconciliation and the Commission of Truth and Friendship

Considering the work of the Commission for Reception, Truth and Reconciliation (CAVR), established by UNTAET Regulation No 2001/10 and recognized by Article 162 of the Constitution of the Republic, with a mandate to investigate and report on human rights violations occurred in Timor-Leste between 25 April 1974 and 25 October 1999 and make recommendations to prevent future repetition of such violations;

Considering the CAVR Final Report, presented to the President of the Republic and the National Parliament in accordance as provided by law, and its recommendations;

Considering the work of the Commission of Truth and Friendship (CVA/CTF), established under the Joint Timor-Leste – Indonesia Declaration of 14 December 2004, mandated to establish the truth about human rights violations which occurred in East Timor in 1999 and to recommend appropriate measures;

Considering the Final Report of the CVA, presented on July 15, 2008 to the Presidents of the Republic of Timor-Leste and Indonesia and on 9 October of the same year to the National Parliament, and its recommendations;

Considering the need to recognize and honor the suffering of victims by ensuring their fair compensation;

Given the need to implement the recommendations made in the CAVR and CTF reports in order to reconcile the East Timorese society;

Therefore, in conjunction with Articles 9.1(b), 90 and 100 of the Rules of Procedure of the National Parliament, the Members who have signed the following draft resolution:

The National Parliament in accordance with Articles 92, 95.1 and 162.1 of the Constitution of the Democratic Republic of Timor-Leste, resolves the following:

1.    Recognizes the important work of the CAVR and CTF, which represents a valuable contribution to reach truth, reconciliation and justice;

2.    Appreciates the Final Reports submitted by the CAVR and CTF;

3.    Determines what practical steps are necessary and appropriate to the full implementation of their recommendations;

4.    The Committee on Constitutional Affairs, Justice, Public Administration, Local Government and Government Legislation shall, within three months, as per the preceding paragraphs:

a)    review the reports submitted by the CAVR and CTF;

b)    To propose concrete measures to implement the Recommendations, including the creation of a body for this purpose, in terms to be defined by law;

5.    Publish the Executive Summary of the CAVR in Portuguese and Tetum, in accordance with the provisions of UNTAET Regulation No 2001/10;

6.    Publish the CVA report in full.

Portuguese original  after the jump.

A Joint Statement, Copenhagen: SE Asian Leaders - Go for Solution Not Delusion!

Southeast Asian Leaders - Go for Solution Not Delusion!
A Joint Statement, Copenhagen, Denmark, December 14, 2009

Copenhagen - 14 December 2009:

We, members of Oilwatch Southeast Asia [i] and Indonesian Civil Society Forum for Climate Justice (CSF) declare our common position and demands on the current climate negotiation in COP 15 UNFCCC Copenhagen. We have witnessed the lack of leadership among industrial countries to significantly cut carbon emission let alone show their responsibility to support developing countries to tackle the impacts of climate change.

Southeast Asia is considered as one of the most vulnerable regions in the world to impacts of climate crisis. Most of the Southeast Asian countries are poor and majority of the population in the region live in deep poverty resulting to a very low capacity to adapt to climate change impacts. The location of the region poses high risk for disasters such as typhoons, droughts, earthquakes, and flooding.

We are disappointed that the negotiations in COP15 UNFCCC do not take into account the reality in the ground that fossil fuel exploitation by industrial countries have been going from strength to strength. Oil and gas projects of transnational corporations are mushrooming and demand for coal is increasing [ii].

Big foreign and private corporations such as Royal Dutch Shell, BHP Biliton, CNUOC, Chevron Texaco, Amarada Hess, Conoco Phillips and Bumi Resources, are the same actors who plunder natural resources and pollute the environment [iii]. These big corporations control and exploit the rich natural resources of the region particularly fossil resources like oil, gas and coal. Also these entities with the support of international financial institutions like International Monetary Fund, World Bank and Asian Development Bank, are the owners and suppliers of fossil-based technologies and products that the people of Southeast Asian are forced to be dependent with.

Given the fact that burning and consumption of fossil fuels especially oil and coal is the leading cause of global carbon emission, we demand the national governments in Southeast Asia

• To agree on a common position to push for more than 40% carbon reduction from ANNEX I countries by 2020 from the level of 1990.
• To demand from ANNEX I countries to compensate Third World countries from ecological debt and fund their mitigation and adaptation initiatives
• To declare an immediate moratorium on new exploration and commercial operation of oil, gas and coal by big transnational companies in the region.
• To define a concrete timeline and comprehensive plan on eventual phase out of fossil fuel extraction and usage in the region.

In this regard there should be a significant investment on research and fast development of technologies that harness alternative and renewable resources of energy that are cheap, safe and clean. This is needed to make the economy and energy needs of Southeast Asia to veer away from relying on the production and consumption of fossil fuels. Majority of the income and revenues from the existing extraction of fossil fuel in the regions should be automatically appropriated for funding public services

We oppose the false solutions being implemented and pushed for by ANNEX I countries and their transnational corporations such as carbon trading, clean development mechanism, the proposed REDD and 'clean' coal technologies. These market-based and profit-oriented solutions put the interest of private corporations and ruling elite above anything else.

We push for the leaders of Southeast Asia countries to unite for truly address the issue of climate change and curb global warming. There should be a reversal of the orientation and framework of economic development and production in the region. In this regard, climate solutions should be based on human security, rectification of ecological debt, land rights, the change of production and consumption pattern, to realize social justice and people's sovereignty.

These principles ensure in the heart of climate solutions are the welfare and interest of the people and the environment.

The Oilwatch Southeast Asia, CSF, PACC, La'o Hamutuk and TCJ remain committed not only in pushing for genuine climate solutions but also in steadfastly fight along with grassroots communities against agreement, policies, program and projects that will further aggravate climate change and endanger our communities.

Media contacts:

• Clemente Bautista, People's Action on Climate Change (PACC), email: entengi2@yahoo.com.ph; cell phone:  +45.2639.2749
• Ines  Martius, Timor-Leste Institute for Development Monitoring and Analysis, email: ines@laohamutuk.org; cell phone:  +45 5274 8769 
• Siti Maemunah, CSF Indonesia, email: mai@jatam.org;  cell phone +45 5049 956
• Penchom Saetang, Thai Working Group for Climate Justice (TCJ), email: toxiccampaign.earth@gmail.com cell phone: +45 2862 7267

[i] Oilwatch SEA is a regional alliance of fossil fuels-affected communities and support organizations from Arakan Oil Watch from  Burma;  Indonesian Civil Society Forum on Climate Justice (CSF) and JATAM from Indonesia; Friends of the Earth from Malaysia; People's Action on Climate Change (PACC), Kalikasan People's Network for the Environment (Kalikasan-PNE) and Central Visayas Fisherfolk Development Center Inc. from Philippines, Timor-Leste Institute for Development Monitoring and Analysis (La'o hamutuk) from Timor Leste; and Thai Working for Climate Justice (TCJ) and Ecological Alert and Recovery

[ii] Almost half of Indonesia coal production, - around 100 million tons - , was extracted by Bumi Resources mostly for export.  The company Climate Justice and Ecological Alert and Recovery  --Thailand from Thailand.

[iii] Today 80% of 216 million tons total coal product from Indonesia is aimed for export and the demand has been increasing over the year.

Mahathir and Timor

UPDATE II: A Malaysian court, December 22, awarded a total of RM870,000 (30,000 each) to activists, who were held by police in the aftermath of the the attack on the APCET II conference 13 years ago. They were held for up to six days. The AFP summarizes:

As the [APECET II] meeting was about to begin in a hotel, 400 people led by the ruling United Malays National Organisation's (Umno) leaders broke down the conference hall doors, flung chairs and abused the participants, the court was told. Police later moved in to arrest more than 100 people, including journalists, while 40 foreign participants were deported. The activists later filed the suit to claim damages for their mistreatment during the arrest and detention.

UPDATE: Here is President Ramos-Horta's speech on giving the award to Mahathir. Also added links to video of the attack on APCET II conference.


Timor-Leste's President Jose Ramos-Horta will present the “Order of Timor-Leste” Collar to the former Malaysian Prime Minister Dr. Mahathir Mohamad on Friday December 11. The announcement came today - December 10 - which is of course Human Rights Day.

A Malaysian activist recently shared his thoughts about the award:

"I am disappointed and sadden by the decision of Horta and the East Timor Govt. I am ... try[ing] my best to appreciate the need of Timor Leste to foster good diplomatic relationship with neighbours. However decorating Dr Mahathir is not only a mistake but a gross misjudgement. It is ... insensitive to e Malaysian political situation. Dr Mahathir is remembered as the most corrupted dictator in Malaysian history. Under his reign activities supporting Timorese struggle had been heavily suppressed. The award is a great irony."

 As Prime Minister was a staunch advocate of Asian exceptionalism concerning individual human rights, aedligning with Suharto and China among others. He once called the Universal Declaration of Human Rights oppressive. He strongly backed the Indonesian postion on East Timor. Two examples:

In 1997, Dr. Mahathir's goons (members of the youth wing of his political party) broke up the Asia Pacific Coaltion for East Timor  APCET II conference in Kuala Lumpur. In 1998, Ramos-Horta
protested his jailing of Tian Chua and others, saying: "Prime Minister Mahathir Mohamad, together with his gestapo-like police force in their vendetta against reform-minded Malaysians, is ripping away at the foundations of justice and democracy in Malaysia." [Video of the assault on the APCET II conference is here and here. ]

On September 29, 1999, after Timor's independence vote, Mahathir speaking at a  press conference at the UN gave a totally distorted view of events there:

Reports of killings in East Timor were being exaggerated and there seemed to be attempts to vilify Indonesia over its handling of the situation there, the Prime Minister of Malaysia, Mahatir Mohamad, said at a Headquarter's press conference this morning....

The Prime Minister said that Indonesia should not have been forced to hold a referendum at a time that it was "very weak" and was facing problems. He said Indonesia had not been given a chance to campaign, while other political forces had been promised "all kinds of support" for their pro-independence vote. Those who supported integration with Indonesia felt cheated,"and reacted the only way they know", the Prime Minister said. The issue had to be handled properly....

The Prime Minister told another correspondent that before the crisis had erupted in East Timor, people were not being killed. Today, however, he said, many were dying because the situation was being incorrectly handled. Even if you want to give the East Timorese their independence, what is the hurry? Why is it that when Indonesia is in a very weak position, Indonesia is literally forced to hold a referendum - a referendum in which Indonesia had no say and could not even explain its side of the equation to the East Timorese?" he asked.

The Prime Minister said western liberals were always trying to stir up feelings against so-called authoritarian governments. The result was that people suffered, and that was happening in many countries. It had become an almost standard procedure for those opposed to governments to be given the Nobel Peace Prize, he said "It seems that we encourage people to go against whatever government is in power. Whether it is dictatorial or not is another matter", he said.