West Papua Report Match 2011 - land grab, rights violations, paths to self-determination

Read the March West Papua Report here

Summary:

Newly obtained video footage reveals Indonesian security forces, including U.S. and Australian-backed Detachment 88 personnel, brutality in operations in West Papua's Central Highlands. Indonesian NGOs and prominent Papuans have faulted President Yudhoyono's newly announced approach to dialogue with Papuans with criticism of Jakarta's failure to end human rights violations and impunity by security forces as a basis for dialogue. Papuans criticized Jakarta's selection of a limited range of Papuans as dialogue partners and have urged a role for international mediators. A prominent West African leader has announced support for West Papua's self-determination. The chair of the Papuan Peoples Council (DAP) denounced the Indonesian government's policy of transmigration. The Asian Legal Resource Center has appealed to the UN Human Rights Council to address continued security force abuse of human rights in West Papua. A Papuan political prisoner who is gong blind as a result of an attack by a prison warder needs urgent care. A report from within West Papua details land grabs by the Indonesian military and "developers" which have targeted Papuans in the Sorong area.  Hamish McDonald considers Papuans' struggle for self-determination in the light of recent similar successful examples within the international community.

Help wanted in analyzing proposed environmental law

UPDATE: La'o Hamutuk's analysis of the law can be found here 


La'o Hamutuk is seeking help in analyzing and proposing improvements to Timor-Leste's draft environmental law. On their blog they write:

In late January, Timor-Leste's Secretary of State for Environment circulated a Portuguese-language draft of a basic Environmental Law (also PDF) for limited public consultation.... The Secretary accepted La'o Hamutuk's request to extend the comment period until the end of February. 

La'o Hamutuk has done a preliminary computer-assisted translation of the draft law into English (also PDF), and we are asking people and organizations to make your own submissions or to email us with ideas, suggested changes or other analysis which will help us write ours.

The law has many good aspects, including recognition of the precautionary principle, "polluter pays," the importance of greenhouse gas emissions, public consultation,tara bandu, and community involvement. But it also contains significant loopholes and gaps -- and leaves most specifics for subsequent decree-laws.

La'o Hamutuk plans update its webpage on the law as its receive comments, analysis or new information. 

US Embassy in Dili admits mistake about worker's rights

The General Workers Union of Timor-Leste tells ETAN that they met with the US Embassy in Dili on 3 February 2011 and successfully settled the dispute about the unfair dismissal of Mario Baretto and their subsequent claim that their national staff cannot join a union. ETAN had written the embassy about the dispute.

From the union: 

The Embassy advised that they had mistakenly stated their policy and affirmed their staff’s right to join a union:

The US Embassy seeks to be a model employer and respects workers and the role of unions in representing workers. The Administration has been a strong international supporter of labour rights and we want to maintain an open relationship with the unions and labor rights advocates here in Timor-Leste.

The Embassy also confirmed that they seek to be fully compliant with local labour laws and resolved Mr Baretto’s dismissal consistent with the Labour Code of Timor-Leste.

The General Workers Union of Timor-Leste and the Trade Union Confederation of Timor-Leste would like to thank all those individuals and organisations that supported Mr Baretto and Timorese workers by writing to the Ambassador.

Please direct any media enquiries to:

Almerio Vila Nova
General Secretary
General Workers Union
+670 724 8482

Timorese call on the UN Security Council to ensure accountability for crimes against humanity

A coalition of groups in Timor-Leste is urging the United Nations Security Council "to take concrete, effective actions to end impunity for those who directed and committed crimes against humanity in Timor-Leste" during Indonesia's invasion and occupation.

"Accountability for crimes against humanity must not be further delayed" the Timor-Leste National Alliance for an International Tribunal (ANTI) told the UN Security Council in a letter delivered this week.

ANTI criticized UN Secretary-General Ban ki-Moon for failing "to mention the consequences of ongoing impunity for the serious international crimes committed during the Indonesian occupation" in his latest report to the Council.

The letter was endorsed by more than 30 other organizations from outside of Timor-Leste.

"We are still not yet free of the shadow of serious crimes committed during the 24 years of Indonesian occupation. We have suffered a lot during that period; physically and psychologically, because of torture from various types of violations, including sexual violence against women, and the loss of 180,000 human lives because of the brutal, illegal Indonesian military occupation," said ANTI.

ANTI added "If impunity continues to prevail in Timor-Leste, it will have a negative impact on the stability and security of our country; undercutting the efforts of the United Nations to establish rule of law and strength security institutions. In addition, the perpetrators are continuing to commit similar crimes in Indonesia."

The Security Council is scheduled to meet on February 22 to discuss the future of the UN Mission in Timor-Leste (UNMIT). The mission's current mandate expires February 26. 


The Security Council should "discuss the recommendations of the [2005] Commission of Experts regarding the establishment of an International Criminal Tribunal when national mechanisms fail." They also urged the Council to enlarge the mandate of the Serious Crimes Investigation Team (SCIT) to allow the investigation and support the prosecution "of the principal perpetrators of serious crimes and crimes against humanity throughout the Indonesian occupation from 1975-1999." The SCIT current mandate only allows investigations of murders committed during 1999, when the UN sponsored the referendum which led to Timor-Leste's independence.

ANTI argues that such prosecutions are "the only solution to end impunity in Timor-Leste and Indonesia, so that democracy and human rights that we yearn for can be achieved in Timor-Leste and other countries."

Endorsing groups include the East Timor and Indonesia Action Network (U.S.); KontraS, the Indonesian human rights organization; Japan East Timor Coalition; International Federation for East Timor; Australian Coalition for Justice for East Timor; and the regional Asia-Pacific Solidarity Coalition.

Full letter (in english and tetun) and signatures here

West Papua Report February 2011: no justice for torture victims, demos vs special autonomy, PNG attacks refugees -

West Papua Report February 2011 now out.


Summary


An Indonesian military tribunal failed to properly prosecute military personnel for the torture of two Papuans whose agony was viewed around the world online in October 2010. Instead, the tribunal convicted three soldiers for the minor offense of "disobeying orders," sentencing them to between eight and ten months imprisonment. This failure to prosecute the soldiers to the full extent of the law and to try them in a civilian court was broadly criticized by Indonesian and international observers, including the U.S. State Department. U.S., UK and Australian organizations called for suspension of foreign assistance to the Indonesian military which continues to violate human rights with impunity, particularly in West Papua. President Yudhoyono's pre-sentencing description of the torture as a "minor incident" was prejudicial and contributed to an atmosphere of impunity. Papuans, organized by leading Papuan churches and other organizations demonstrated in large numbers calling for abolition of the Peoples Consultative Council (MRP). The body was created by the widely-rejected 2001 "Special Autonomy" law. Prisoners of Conscience Filep Karma and Buchtar Tabuni continue to languish in police custody following a December 3 prison riot. They suffer from health-threatening conditions and do not have regular access to their families or to legal counsel. Papua New Guinea security personnel attacked villages and encampments of West Papuan civilians living in PNG territory near the border with Indonesia. PNG authorities have detained nine of the scores of people displaced, who were moved into camps or have fled into the forests. Their plight, particularly those who were chased into forests, is uncertain.West Papuan students continue to call for dialogue in the wake of the failure of "special autonomy." They note that the central government has failed to issue implementing regulations required to give the decade-old law life.