IRIAN JAYA (WEST PAPUA, NEW GUINEA): THE QUEST FOR INDEPENDENCE-AUGUST 10, 2000 ----AUGUST 19, 2000

THE RECORD
AUGUST 10, 2000 ----AUGUST 19, 2000

=======================================================

Subj: KABAR-IRIAN: [EN] RI Under Fire Again on Human Rights
Date: 8/19/00 8:29:54 PM Central Daylight Time
From: admin@irja.org
Sender: owner-kabar-irian@irja.org
Reply-to: admin@irja.org
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Indonesian Observer
Sunday, August 20 - 2000
RI Under Fire Again on Human Rights

JAKARTA — International human rights groups and local activists
slammed Indonesia’s top legislature on Saturday for giving an
amnesty for past human rights abuses.

The People’s Consultative Assembly (MPR) on Friday passed a
constitutional amendment that prevents people being charged under
any laws which did not exist when the crime took place, even if a
law specifically states it can be applied retroactively.

Rights activists have said this could affect legislation enacted
last year aimed at creating a foundation for bringing to justice
those who committed atrocities during the military-backed rule of
former President Suharto, who stepped down in 1998.

“Any attempt to shield perpetrators of past human rights violations
would effectively render all the recent efforts to end impunity in
Indonesia meaningless,” Amnesty International said in a statement.

The New York-based Human Rights Watch accused MPR legislators, who
wrapped up a 10-day annual session on Friday, of being irresponsible
and of letting perpetrators off the hook.

The controversial one-sentence article is contained in two pages of
amendments which for the first time enshrine in detail the
protection of basic human rights in the constitution of the world’s
fourth most populous country.

Until Friday, Indonesia’s constitution had made only minor reference
to human rights.

Legislators have defended the controversial article, saying it would
not affect probes of gross human rights violations, including
atrocities committed during East Timor’s violent vote for
independence last year.

A human rights law came into effect in Indonesia last year after
mounting calls to recognise the importance of human rights for the
country’s economic and social development.

But activists say it only contains principles and not enough detail,
nor does it contain a retroactive provision.Few top military
officers have been indicted for human rights abuses in Indonesia,
partly because the criminal code offers little avenue for indicting
top brass who give orders to shoot.

Human rights groups say the military was also largely responsible
for widespread killings in the restive provinces of Aceh and Irian
Jaya in recent decades.

Iqbal Farabi, head of the state commission for human rights in Aceh
on the northern tip of Sumatra, attacked the amendment.

“This is a bad step for solving human rights problems in Aceh. This
amendment will free perpetrators and the state from their
responsibilities and prevent Acehnese from getting compensation,”
Farabi said by telephone.

Activists said international concern over Friday’s amendment would
keep pressure on Jakarta to deal with military officers and others
suspected of stoking the East Timor violence.

The Attorney-General’s office is expected to soon name military and
civilian suspects from 1999’s mayhem in East Timor, when pro-Jakarta
militias backed by elements of the Indonesian military went on a
rampage of killing and destruction.
-- Reuters

KABAR IRIAN ("Irian News") www.kabar-irian.com
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Subj: KABAR-IRIAN: [EN] Borders Should Not Hinder Humanitarian Action
Date: 8/19/00 8:29:48 PM Central Daylight Time
From: admin@irja.org
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From: Australia West Papua Association, Sydney

International Herald Tribune.
Paris, Saturday, August 19, 2000
Borders Should Not Hinder Humanitarian Action
By David L. Phillips International Herald Tribune

JAKARTA - The United Nations is increasingly called upon to protect
civilians in armed conflict. But how should it respond to
humanitarian emergencies inside a sovereign state? To promote
effective humanitarian action and avoid risk, a new balance between
sovereignty and rights is needed.

Today more than 30 million people have been displaced by conflict.
Civilians are forced from their homes, driven to borders, used as
human shields, raped, tortured and killed. More than sympathy, they
need a sustained commitment to end cycles of violence. Recent
self-examinations of the United Nations' performance in Rwanda and
Srebrenica underscore the terrible consequences of inaction.

UN authority is eroded by ineffectiveness. International law
stipulates that victims are entitled to humanitarian assistance and
protection, but it also makes clear that sovereign states have
primary responsibility to provide for victims of conflict in their
territory. The United Nations faces a dilemma when the state is
unable to act or is itself the cause of crisis. It must also
confront its own inability or unwillingness to respond with
effective humanitarian action. A more strategic and systematic
approach is needed to address the multitude of emergencies.

Five types of humanitarian action can be used by the international
community at different stages of a crisis. To maximize their
effectiveness, they should be coordinated and calibrated to the
severity of the crisis and country conditions. Indonesia's recent
experience provides a case study of lessons learned.

Emphasize humanitarian cooperation at the onset of an emergency. In
response to the displacement of 400,000 people in the Moluccan
Islands in eastern Indonesia, the government in Jakarta and the
United Nations are working together to establish humanitarian
resource centers. The team is determining food, water and shelter
requirements and working with donors to make sure that needs are
met. Satellite offices are being set up to monitor population flows
and organize an appropriate response if conflict escalates.

Initiate dialogue to address the root causes of conflict.
Humanitarian cooperation should not be used as a substitute for
political action. The international community should seek to work
with the country in crisis but not shy away from more active
measures if conditions deteriorate. The United Nations is supporting
Indonesia's efforts to strengthen local government, share natural
resource revenues with the regions and promote cultural rights.

The international community is encouraging Indonesia to crack down
on corruption and prosecute army officials suspected of atrocities
in East Timor. Neutral mediators can also play a useful role during
the transition to democracy by facilitating dialogue between the
government and separatists in Aceh and Irian Jaya.

Pressure governments to observe international standards. Political
and economic reform can be encouraged by assisting political
parties, independent media and civil society in emerging
democracies. The United Nations can provide incentives or act
punitively through sanctions that deny visas and freeze overseas
assets of individuals.

The rule of law is essential to democracy. If Indonesia cannot
prosecute those responsible for atrocities in East Timor, the United
Nations should set up a war crimes panel.

Encourage regional security solutions. When violence erupted in East
Timor, Indonesia was compelled to invite a multinational force to
stop the killing and enable refugees to return home. If police from
countries in the region had been sent in at the start of the
violence, it might have averted a broader conflict.

Deploy a multinational force. Peacekeeping is needed when prevention
fails and humanitarian conditions dramatically deteriorate. It is
preferable for the country in crisis to invite a multinational force
authorized by the United Nations. But what should be done when the
victimizer hides behind sovereignty? After Kosovo and East Timor,
how would the international community respond in the event of a
bloody crackdown in Aceh or Irian Jaya?

There are clear ways of assisting and protecting civilians in armed
conflict, but there are no clear parameters for appropriate
humanitarian action. Preventive diplomacy is like jazz. It requires
constant improvisation.However, there is one guiding principle.
Humanitarian actions are justified when the magnitude of an
emergency exceeds the capacity of an affected country or when the
state itself is responsible for the crisis. In today's increasingly
interconnected world, territorial frontiers are a diminished defense
against international action.
-- The writer, a senior fellow at Columbia University's
International Conflict Resolution Program in New York, contributed
this comment to the International Herald Tribune.

KABAR IRIAN ("Irian News") www.kabar-irian.com
NOTE: "All items are posted for their news/information content. They are
not necessarily the views of IRJA.org or subscribers. "

To unsubscribe send an email (leave subject blank) to majordomo@irja.org
that says: unsubscribe kabar-irian - or you can also un/subscribe at
http://www.irja.org/conf.htm

=======================================================

Subj: [wp] Borders Should Not Hinder Humanitarian Action
Date: 8/19/00 1:54:49 AM Central Daylight Time
From: iris@matra.com.au (Anne Noonan)
Reply-to: iris@matra.com.au
To: WestPapua@topica.com, iris@matra.com

>From AWPA

International Herald Tribune.
Paris, Saturday, August 19, 2000

Borders Should Not Hinder Humanitarian Action

By David L. Phillips International Herald Tribune

JAKARTA - The United Nations is increasingly called upon to protect
civilians in armed
conflict. But how should it respond to humanitarian emergencies inside a
sovereign state? To
promote effective humanitarian action and avoid risk, a new balance
between sovereignty and
rights is needed.

Today more than 30 million people have been displaced by conflict.
Civilians are forced from their homes, driven to borders, used as human
shields, raped, tortured and killed. More than
sympathy, they need a sustained commitment to end cycles of violence.
Recent self-examinations
of the United Nations' performance in Rwanda and Srebrenica underscore
the terrible consequences of inaction.

UN authority is eroded by ineffectiveness. International law stipulates
that victims are entitled to
humanitarian assistance and protection, but it also makes clear that
sovereign states have primary
responsibility to provide for victims of conflict in their territory.
The United Nations faces a dilemma when the state is unable to act or is
itself the cause of crisis. It must also confront its own inability or
unwillingness to respond with effective humanitarian action. A more
strategic and systematic approach is needed to address the multitude of
emergencies.

Five types of humanitarian action can be used by the international
community at different stages
of a crisis. To maximize their effectiveness, they should be coordinated
and calibrated to the
severity of the crisis and country conditions. Indonesia's recent
experience provides a case study
of lessons learned.

Emphasize humanitarian cooperation at the onset of an emergency. In
response to the
displacement of 400,000 people in the Moluccan Islands in eastern
Indonesia, the government in
Jakarta and the United Nations are working together to establish
humanitarian resource centers.
The team is determining food, water and shelter requirements and working
with donors to make sure that needs are met. Satellite offices are being
set up to monitor population flows and
organize an appropriate response if conflict escalates.

Initiate dialogue to address the root causes of conflict. Humanitarian
cooperation should not be
used as a substitute for political action. The international community
should seek to work with
the country in crisis but not shy away from more active measures if
conditions deteriorate. The
United Nations is supporting Indonesia's efforts to strengthen local
government, share natural
resource revenues with the regions and promote cultural rights.

The international community is encouraging Indonesia to crack down on
corruption and
prosecute army officials suspected of atrocities in East Timor. Neutral
mediators can also play a
useful role during the transition to democracy by facilitating dialogue
between the government
and separatists in Aceh and Irian Jaya.

Pressure governments to observe international standards. Political and
economic reform can be encouraged by assisting political parties,
independent media and civil society in emerging
democracies. The United Nations can provide incentives or act punitively
through sanctions that deny visas and freeze overseas assets of
individuals.

The rule of law is essential to democracy. If Indonesia cannot prosecute
those responsible for
atrocities in East Timor, the United Nations should set up a war crimes
panel.

Encourage regional security solutions. When violence erupted in East
Timor, Indonesia was
compelled to invite a multinational force to stop the killing and enable
refugees to return home. If police from countries in the region had been
sent in at the start of the violence, it might have
averted a broader conflict.

Deploy a multinational force. Peacekeeping is needed when prevention
fails and humanitarian
conditions dramatically deteriorate. It is preferable for the country in
crisis to invite a
multinational force authorized by the United Nations. But what should be
done when the victimizer hides behind sovereignty? After Kosovo and East
Timor, how would the international community respond in the event of a
bloody crackdown in Aceh or Irian Jaya?

-
There are clear ways of assisting and protecting civilians in armed
conflict, but there are no clear
parameters for appropriate humanitarian action. Preventive diplomacy is
like jazz. It requires
constant improvisation.However, there is one guiding principle.
Humanitarian actions are justified when the magnitude of an emergency
exceeds the capacity of an affected country or when the state itself is
responsible for the crisis. In today's increasingly interconnected
world, territorial frontiers are a diminished defense against
international action.

The writer, a senior fellow at Columbia University's International
Conflict Resolution Program in
New York, contributed this comment to the International Herald Tribune.

________________________________
Australia West Papua Association, Sydney
PO BOX 65
Millers Point
Australia 2000
Tele/fax 61.2. 99601696
_________________________________

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=======================================================

Subj: [wp] TAPOL: Suharto and the military win immunity from MPR
Date: 8/18/00 5:55:55 AM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: indonesia-act@igc.apc.org, east-timor@igc.apc.org, WestPapua@topica.com
CC: slliem@xs4all.nl, plovers@gn.apc.org, taylorjb@vax.sbu.ac.uk, munir91@hotmail.com, elsam@nusa.or.id, pbhi@cbn.net.id, solidmor@centrin.net.id (Solidamor), lwithers@amnesty.org, richard.galpin@bbc.co.uk, jktpost2@cbn.net.id, antara@rad.net.id (Antara), editor@jawapos.co.id (Jawa Pos), kompas@cbn.net.id (Kompas)

TAPOL, the Indonesia Human rights Campaign issued the following Press Release
today:

PRESS RELEASE 18 August 2000

SUHARTO AND MILITARY WIN IMMUNITY FROM MPR
International Tribunal for East Timor is now urgent

The Indonesian People’s Assembly (MPR) has this week granted immunity to
Suharto and members of the Indonesian armed forces from charges for crimes
again humanity and war crimes, despite widespread demands in the country for
those responsible for such crimes during the 32-year dictatorship to be
brought
to justice.

The MPR approved an amendment to the Indonesian Constitution which states that
‘the right not to be charged on the basis of retroactivity is a basic human
right that may not be breached under any circumstances’. Indonesian human
rights
organisations and lawyers have strongly denounced the amendment as a move to
protect the military against indictment for their past crimes.

TAPOL strongly condemns this decision and calls on governments worldwide to
make it clear to the Indonesian government that such a decision will gravely
damage Indonesia’s reputation as a country that adheres to the principles of
international humanitarian law which requires that the principle of
non-retroactivity should be waived where grave past human rights violations
need to be brought to justice.

Carmel Budiardjo of TAPOL said: ‘At a time when Chile is being hailed for
revoking the immunity enjoyed by Pinochet, Indonesia’s supreme legislative
body
has given the country’s former dictator and scores of senior armed forces
officers immunity from charges for the innumerable crimes they committed
during
the 32 years of Suharto’s rule.’

TAPOL believes that the MPR decision reinforces the case for the UN Security
Council to set up an international tribunal for East Timor without delay.
Until
now, members of the Security Council have argued that time should be given to
Indonesia to create the appropriate court for these crimes to be tried in the
country.

Several special commissions in Indonesia have been investigating past crimes
but their efforts will come to nought if the persons they identify as being
culpable cannot be tried for crimes against humanity. It will apply most
immediately to the judicial investigations now underway into the crimes
committed by the armed forces and army-backed militias in East Timor before
and
after the UN ballot there which devastated the country, forced hundreds of
thousands of people to flee and resulted in hundreds of deaths.

The amendment will mean that a provision included in a draft law now before
the
Indonesian parliament, the DPR, which would allow ad hoc human rights
courts to
be set up to handle past crimes against humanity will have to be removed.

For further information and interviews, contact Carmel Budiardjo on the above
number

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong

=======================================================

Subj: [wp] Testing time ahead as Jakarta tries to pull down Papua flag
Date: 8/18/00 2:58:38 AM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
To: tapol@gn.apc.org

>From AWPA

SMH 18/2/00

Testing time ahead as Jakarta tries to pull down Papua flag

By HAMISH McDONALD, Foreign Editor

Today the Morning Star flag of the Papuan nationalist movement is
supposed to be hauled down across the western half of New Guinea island.

If applied, especially with the clumsy brutality for which the
Indonesian military and police are renowned, the ban will end a period
of accommodation in this troubled Melanesian territory.

The coming weeks there will test President Abdurrahman Wahid's authority
and commitment to democratic methods. There will be strong voices in
Jakarta arguing for use of army and police power, possibly augmented by
Timor-style militia.

During the past months of relative tolerance, the Papuan flag has flown
alongside the Indonesian red-and-white (even if it was supposed to be
smaller and lower), and the President (if not yet the Parliament) went
along with the indigenous people's wish to call their land Papua rather
than Irian Jaya, the official Indonesian name.

This breathing space has allowed Papuans to organise, notably with a big
congress in June that Mr Wahid helped fund, and to send leaders like Mr
Theys Eluay to Jakarta and abroad to explain their ambitions.

While not conceding any right to separate from Indonesia, Jakarta has
been holding out the prospect of substantive autonomy, backed by laws
that from January will divert up to 80per cent of revenue from mines and
oil fields to regional governments. Papua has the massive Freeport
copper and gold mine, oil fields and a huge, offshore gas deposit.

Why the flag deadline has to be imposed now has not been explained, but
Mr Wahid has been forced to concede ground to his many critics, who
include upholders of a simple Indonesian nationalism and stress on the
"unitary" nature of the state under the present highly centralised
constitutional arrangements.

Chief among those Mr Wahid must placate is his Vice-President, Ms
Megawati Sukarnoputri. It was under her father, Dr Sukarno, the founding
president, that in the early 1960s Indonesia mounted its successful
political-military campaign to win control of western New Guinea, a part
of their former East Indies that the Dutch had withheld when finally
conceding independence in 1949.

For decades, the Papuan independence movement held out in the jungles,
barely as an irritant. More recently it flourished through "civil
society" groups, coming into the open after Soeharto's fall in May 1998.
Despite savage crackdowns in Biak in July 1998 and at Timika last
December, independence flags and emblems pervade the territory.

For the Papuans there is an urgency deriving from a sense that time is
not on their side. Perhaps only 55per cent of Papua's 2.4million people
are indigenous Melanesians. The rest are Javanese and Balinese resettled
by Jakarta, spontaneous migrants from the trading communities of
Sulawesi, and, since the Asian crisis, a host of desperate job seekers -
some now panning the mountain streams for gold.

As Fiji has demonstrated twice, the threatened loss of land and culture
can move Melanesian people to support desperate measures.

The tougher Indonesian nationalists probably argue that tolerance lets
Papua slide in only one direction: towards independence. Better to crack
down now before the independence movement gets too organised and gathers
too much foreign support.

Without much evidence, the suspicion is widespread in Jakarta that
excising Papua from Indonesia is the next item on Canberra's agenda,
after East Timor.

But there is obviously potential for Papua to grow as an emotional
international issue, if its naive freedom movement is harshly handled:
in Australia and the Pacific; in Europe (where The Netherlands is
reviewing the 1962 record); and in the United States, where the Freeport
mine attracts controversy.

Australia West Papua Association, Sydney
PO BOX 65
Millers Point
Australia 2000
Tele/fax 61.2. 99601696

T O P I C A The Email You Want. http://www.topica.com/t/16
Newsletters, Tips and Discussions on Your Favorite Topics

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong

=======================================================

Subj: Re: [wp] Borders Should Not Hinder Humanitarian Action
Date: 8/19/00 5:17:06 AM Central Daylight Time
From: koteka@hotmail.com (James Jones)
Reply-to: koteka@hotmail.com
To: iris@matra.com.au
CC: WestPapua@topica.com

Dear Iris,

The following report from TAPOL dated 18/8/2000 somehow conflicts with
paragraph 7 in the posting received from AWPA, specifically: The
international community is encouraging Indonesia to crack down on
corruption and
prosecute army officials suspected of atrocities in East Timor. Neutral
mediators can also play a
useful role during the transition to democracy by facilitating dialogue
between the government
and separatists in Aceh and Irian Jaya.

I send this only to keep everyone informed.

James Jones

TAPOL, the Indonesia Human rights Campaign issued the following Press
Release
today:

PRESS RELEASE 18 August
2000

SUHARTO AND MILITARY WIN IMMUNITY FROM MPR
International Tribunal for East Timor is now urgent

The Indonesian People’s Assembly (MPR) has this week granted immunity to
Suharto and members of the Indonesian armed forces from charges for crimes
again humanity and war crimes, despite widespread demands in the country for
those responsible for such crimes during the 32-year dictatorship to be
brought
to justice.

The MPR approved an amendment to the Indonesian Constitution which states
that
‘the right not to be charged on the basis of retroactivity is a basic human
right that may not be breached under any circumstances’. Indonesian human
rights
organisations and lawyers have strongly denounced the amendment as a move to
protect the military against indictment for their past crimes.

TAPOL strongly condemns this decision and calls on governments worldwide to
make it clear to the Indonesian government that such a decision will gravely
damage Indonesia’s reputation as a country that adheres to the principles of
international humanitarian law which requires that the principle of
non-retroactivity should be waived where grave past human rights violations
need to be brought to justice.

Carmel Budiardjo of TAPOL said: ‘At a time when Chile is being hailed for
revoking the immunity enjoyed by Pinochet, Indonesia’s supreme legislative
body
has given the country’s former dictator and scores of senior armed forces
officers immunity from charges for the innumerable crimes they committed
during
the 32 years of Suharto’s rule.’

TAPOL believes that the MPR decision reinforces the case for the UN Security
Council to set up an international tribunal for East Timor without delay.
Until
now, members of the Security Council have argued that time should be given
to
Indonesia to create the appropriate court for these crimes to be tried in
the
country.

Several special commissions in Indonesia have been investigating past crimes
but their efforts will come to nought if the persons they identify as being
culpable cannot be tried for crimes against humanity. It will apply most
immediately to the judicial investigations now underway into the crimes
committed by the armed forces and army-backed militias in East Timor before
and
after the UN ballot there which devastated the country, forced hundreds of
thousands of people to flee and resulted in hundreds of deaths.

The amendment will mean that a provision included in a draft law now before
the
Indonesian parliament, the DPR, which would allow ad hoc human rights
courts to
be set up to handle past crimes against humanity will have to be removed.

For further information and interviews, contact Carmel Budiardjo on the
above
number

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong

From AWPA

International Herald Tribune.
Paris, Saturday, August 19, 2000

Borders Should Not Hinder Humanitarian Action

By David L. Phillips International Herald Tribune

JAKARTA - The United Nations is increasingly called upon to protect
civilians in armed
conflict. But how should it respond to humanitarian emergencies inside a
sovereign state? To
promote effective humanitarian action and avoid risk, a new balance
between sovereignty and
rights is needed.

Today more than 30 million people have been displaced by conflict.
Civilians are forced from their homes, driven to borders, used as human
shields, raped, tortured and killed. More than
sympathy, they need a sustained commitment to end cycles of violence.
Recent self-examinations
of the United Nations' performance in Rwanda and Srebrenica underscore
the terrible consequences of inaction.

UN authority is eroded by ineffectiveness. International law stipulates
that victims are entitled to
humanitarian assistance and protection, but it also makes clear that
sovereign states have primary
responsibility to provide for victims of conflict in their territory.
The United Nations faces a dilemma when the state is unable to act or is
itself the cause of crisis. It must also confront its own inability or
unwillingness to respond with effective humanitarian action. A more
strategic and systematic approach is needed to address the multitude of
emergencies.

Five types of humanitarian action can be used by the international
community at different stages
of a crisis. To maximize their effectiveness, they should be coordinated
and calibrated to the
severity of the crisis and country conditions. Indonesia's recent
experience provides a case study
of lessons learned.

Emphasize humanitarian cooperation at the onset of an emergency. In
response to the
displacement of 400,000 people in the Moluccan Islands in eastern
Indonesia, the government in
Jakarta and the United Nations are working together to establish
humanitarian resource centers.
The team is determining food, water and shelter requirements and working
with donors to make sure that needs are met. Satellite offices are being
set up to monitor population flows and
organize an appropriate response if conflict escalates.

Initiate dialogue to address the root causes of conflict. Humanitarian
cooperation should not be
used as a substitute for political action. The international community
should seek to work with
the country in crisis but not shy away from more active measures if
conditions deteriorate. The
United Nations is supporting Indonesia's efforts to strengthen local
government, share natural
resource revenues with the regions and promote cultural rights.

The international community is encouraging Indonesia to crack down on
corruption and
prosecute army officials suspected of atrocities in East Timor. Neutral
mediators can also play a
useful role during the transition to democracy by facilitating dialogue
between the government
and separatists in Aceh and Irian Jaya.

Pressure governments to observe international standards. Political and
economic reform can be encouraged by assisting political parties,
independent media and civil society in emerging
democracies. The United Nations can provide incentives or act punitively
through sanctions that deny visas and freeze overseas assets of
individuals.

The rule of law is essential to democracy. If Indonesia cannot prosecute
those responsible for
atrocities in East Timor, the United Nations should set up a war crimes
panel.

Encourage regional security solutions. When violence erupted in East
Timor, Indonesia was
compelled to invite a multinational force to stop the killing and enable
refugees to return home. If police from countries in the region had been
sent in at the start of the violence, it might have
averted a broader conflict.

Deploy a multinational force. Peacekeeping is needed when prevention
fails and humanitarian
conditions dramatically deteriorate. It is preferable for the country in
crisis to invite a
multinational force authorized by the United Nations. But what should be
done when the victimizer hides behind sovereignty? After Kosovo and East
Timor, how would the international community respond in the event of a
bloody crackdown in Aceh or Irian Jaya?

-
There are clear ways of assisting and protecting civilians in armed
conflict, but there are no clear
parameters for appropriate humanitarian action. Preventive diplomacy is
like jazz. It requires
constant improvisation.However, there is one guiding principle.
Humanitarian actions are justified when the magnitude of an emergency
exceeds the capacity of an affected country or when the state itself is
responsible for the crisis. In today's increasingly interconnected
world, territorial frontiers are a diminished defense against
international action.

The writer, a senior fellow at Columbia University's International
Conflict Resolution Program in
New York, contributed this comment to the International Herald Tribune.

Australia West Papua Association, Sydney
PO BOX 65
Millers Point
Australia 2000
Tele/fax 61.2. 99601696

T O P I C A The Email You Want. http://www.topica.com/t/16
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Subj: [wp] ELSAM calls for non-retroactivity amendment to be revoked
Date: 8/18/00 10:20:07 AM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: indonesia-act@igc.apc.org, east-timor@igc.apc.org, WestPapua@topica.com
CC: slliem@xs4all.nl, jrhorta@ibm.net, plovers@gn.apc.org, lwithers@amnesty.org

In a statement issued Friday, ELSAM, the Institute for Policy Research and
Advocacy. criticised the MPR for protecting people who have committed
crimes against humanity from being held legally responsible for these crimes..

It said that the amendment to the Constitution which protects people
against retroactivity is a setback for democratisation and shows the MPR's
lack of commitment to upholding human rights.

It rejects the endorsement of 'non-retroactivity' as a right that may not
be breached, a non-derogable right, for the following reasons:

The inclusion of the principle of non-retroactivity will close off the
possibility of trying people for crimes against humanity during the New
Order as such crimes are not included in the Criminal Code.

The moves underway for the enactment of a Law on Human Rights Courts which
would allow the creation of ad hoc courts to deal with past crimes against
humanity will now become untenable, because it is not possible to enact a
law that is in contravention of the Constitution. Such crimes will only be
indictable in ordinary courts which are not suited to the task.

The adoption of the non-retroactivity clause is based on political
considerations, the purpose being to protect people who have committed such
crimes from being brought to justice, and this has been done in the name of
a universal principle. This is a clear betrayal of the demands for reform.

The endorsement of the principle of non-retroactivity is not in line with
moves now underway for international humanitarian law to make it obligatory
for all countries to investigate and punish crimes that are acknowledged as
being international crimes, such as crimes against humanity, genocide, war
crimes, none of which can be categorised as ordinary crimes.

ELSAM therefore calls for the revocation of the principle of
non-retroactivity or demands that an exception should be attached making it
clear that it does not apply in cases of extra-ordinary crimes.

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong

=======================================================

Subj: KABAR-IRIAN: [EN] Amungme, Kamoro & Freeport Announce Agreement
Date: 8/18/00 8:32:30 PM Central Daylight Time
From: admin@irja.org
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Friday August 18, 9:57 am Eastern Time
Press Release
Amungme, Kamoro and Freeport Indonesia Announce Agreement
Initial Cooperative Projects Launched
Agreement Covers Socioeconomic Resources, Human Rights, Land Rights,
Environment

NEW ORLEANS--(BUSINESS WIRE)--Aug. 18, 2000-- The signing of a
Memorandum of Understanding (MOU) concerning socioeconomic
resources, human rights, land rights and environmental rights was
announced today by leaders of LEMASA, the Amungme people's
organization; LEMASKO, the Kamoro people's organization; and PT
Freeport Indonesia (PT-FI), the Indonesian mining affiliate of
Freeport-McMoRan Copper & Gold Inc. (FCX).

The historic agreement was signed by Mr. Thom Beanal, in his
capacity as representative of ``Hak Ulayat'' (traditional
land-right) owners of the mining area as well as Chairman of LEMASA,
and acting on behalf of the Amungme people; Mr. Yakobus Owamena,
Director of LEMASKO, acting on behalf of the Kamoro people as
witness; and Mr. James R. Moffett, President Commissioner of PT-FI .
The agreement details the aspirations of PT-FI and the leaders of
the two Papuan communities who are the original traditional
residents of PT-FI's operations area to seek harmonious and mutually
beneficial relationships ``based on the principles of equality,
honesty and justice.''

At the same time, LEMASA, LEMASKO and PT-FI announced the launching
of several mutually beneficial projects as initial steps under the
terms of the MOU:

-- The establishment of P.T. Kelabuma Permai, a limited liability
company owned by LEMASA and employing local Papuans which will
undertake levee maintenance and related earthmoving projects in
PT-FI's tailings deposition area.

-- An integrated agriculture, aquaculture and animal husbandry
project to be located in and around PT-FI's tailings deposition
area, sponsored by PT-FI with a substantial share ownership by
LEMASA and LEMASKO. Ground has already been broken on the project,
which will provide a much-needed agricultural base for the Timika
area as well as development of agricultural skills for the local
people.

-- Groundbreaking for the construction of an office building for
LEMASA, and houses for the tribal elders.

Other projects are under discussion and many more concrete, positive
programs are expected to flow from the MOU.

The MOU was mandated by the ``Musyawarah Adat'' or Traditional
Council Meeting held on December 7-12, 1998 for LEMASA and April
20-24, 1999 for LEMASKO, and is the culmination of five years of
meetings between the parties - initially facilitated by Komnas HAM,
the Indonesian Human Rights Commission. The MOU's term extends to
the end of the life of PT-FI's mining operations. The parties to the
MOU see this agreement as the foundation for a series of subsequent
contractual agreements implementing the terms of the MOU in detail.

The purpose of the MOU is to improve the quality of life of the
Amungme and Kamoro communities and to ensure that they fairly
benefit from PT-FI's operations; to improve the appreciation of
human rights and respect for the dignity and understanding of the
culture of the Amungme and Kamoro communities and others in PT-FI's
operations area; and to improve the quality of the environment in
PT-FI's operations area.

PT-FI's responsibilities under the MOU include striving to uphold
and improve human rights; providing expanded funding, technical
assistance and other materials necessary to implement programs to be
agreed upon in the future; and working to finalize an agreement for
voluntary additional recognition for the Amungme and Kamoro peoples'
land rights which takes into account both the greater value and the
longer duration of the company's activities on land that was
originally occupied by the indigenous Amungme and Kamoro tribes.

LEMASA's and LEMASKO's responsibilities include working to ensure
that programs implemented pursuant to the MOU achieve its aims;
staying in open communications with PT-FI and seeking to mediate any
disagreements between PT-FI and the local community.

Mr. Thom Beanal, leader of LEMASA, said, ``All we have ever asked
for is to be treated fairly and with dignity. That has not always
been the case, but this agreement has been carefully and honestly
negotiated and ensures that we will treat each other fairly and as
equals from now on. We have built this agreement like a good house,
we have laid all of the planks carefully and straight so that we can
all live in it in peace and prosperity for a long time to come. I
would like this MOU to be seen as a model for future Papua economic
and welfare empowerment.''

Mr. Yakobus Owamena, director of LEMASKO, said, ``Our fathers and
grandfathers used to fish and gather sago on this land that Freeport
is now using. Through this agreement and the projects we launched
today, we, our children and grandchildren can learn new skills and
will share in the economic benefits of Freeport's presence on this
land.''

Mr. James R. Moffett, President-Commissioner of PT-FI and Chairman
and CEO of FCX, said, ``Freeport has for many years demonstrated its
commitment to ensure the social and economic well being of the local
people around our operation by investing significant human and
financial resources in our social programs. This MOU, the result of
years of patient dialogue, is further evidence of our commitment,
and now means we will continue this effort hand in hand with the
local people.''

FCX is engaged in mineral exploration and development, mining and
milling of copper, gold, and silver in Indonesia, and the smelting
and refining of copper concentrates in Spain and Indonesia.

This press release, the text of the MOU and additional information
about FCX is available from our Internet web site (``fcx.com'').

=======================================================

Subj: KABAR-IRIAN: [EN] Ginandjar to be summoned for further clarification:
Date: 8/17/00 7:41:25 PM Central Daylight Time
From: admin@irja.org
To: kabar-irian@irja.org

Marzuki
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The Jakarta Post.com
National News
August 18, 2000
Ginandjar to be summoned for further clarification: Marzuki

JAKARTA (JP): Attorney General Marzuki Darusman said on Wednesday
that his office would soon summon former coordinating minister for
the economy, finance and industry Ginandjar Kartasasmita to clarify
his previous statement before government investigators last month.

"We plan to invite Ginandjar to the Attorney General's Office for
further clarification later this month.

"We'll also invite other former officials and experts allegedly
involved in several dubious government contracts," Marzuki told
journalists at his office.

He said he had directly contacted Ginandjar to ask for his readiness
to give further clarifications at any time to ensure a smooth
examination of the case.

"And he (Ginandjar) gave his commitment," Marzuki said.

Though admitting that there was still insufficient evidence to prove
Ginandjar's alleged involvement in the case, Marzuki personally
asked him not to take any overseas trips for a while.

He said the Office of Deputy Attorney General for Intelligence
Affairs, which is handling the case, had found the irregularities,
indicating corruption in several mining and power supply contracts
between private companies and the Ministry of Mines and Energy,
which was then led by Ginandjar.

Ginandjar had taken the initiative to visit the Attorney General's
Office on July 28 to counter the allegations of his involvement in
corruption in the awarding of contracts to the U.S.-based PT
Freeport Indonesia mining company and for the purchase of electric
power from PT Paiton Energy.

He earlier made clarifications before the House of Representatives
(DPR) Commission VIII on mines and energy.

Ginandjar, who held several ministerial posts during the
administration of former president Soeharto, served as the mines and
energy minister when Freeport's contract was renewed on Dec. 30,
1991 and when Paiton's project was being processed.

He is also suspected of corruption during the preparation of the
contract for the giant Balongan oil refinery in Indramayu, West
Java, owned by state oil and gas company Pertamina.

Controversy over the contracts erupted after the resignation of
former president Soeharto in the middle of 1998.

Marzuki said his office would first invite former directors of
Pertamina Faisal Abda'oe and Tabrani, the experts handling the
Balongan project and other current and former government officials
to renew their clarifications concerning the cases.

"We will intensify the examination of the cases, which are being
handled by the Office of Deputy Attorney General for Intelligence
Affairs, along with the Office of Deputy Attorney General for
Special Crimes," he added. (bby)

KABAR IRIAN ("Irian News") www.kabar-irian.com
NOTE: "All items are posted for their news/information content. They are
not necessarily the views of IRJA.org or subscribers. "

To unsubscribe send an email (leave subject blank) to majordomo@irja.org
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Subj: KABAR-IRIAN: [EN] Testing time as Jakarta tries to pull down Papua flag
Date: 8/17/00 7:41:23 PM Central Daylight Time
From: admin@irja.org
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Sydney Morning Herald
Friday, August 18, 2000
Testing time ahead as Jakarta tries to pull down Papua flag
By Hamish McDonald, Foreign Editor

Today the Morning Star flag of the Papuan nationalist movement is
supposed to be hauled down across the western half of New Guinea
island.

If applied, especially with the clumsy brutality for which the
Indonesian military and police are renowned, the ban will end a
period of accommodation in this troubled Melanesian territory.

The coming weeks there will test President Abdurrahman Wahid's
authority and commitment to democratic methods. There will be strong
voices in Jakarta arguing for use of army and police power, possibly
augmented by Timor-style militia.

During the past months of relative tolerance, the Papuan flag has
flown alongside the Indonesian red-and-white (even if it was
supposed to be smaller and lower), and the President (if not yet the
Parliament) went along with the indigenous people's wish to call
their land Papua rather than Irian Jaya, the official Indonesian
name.

This breathing space has allowed Papuans to organise, notably with a
big congress in June that Mr Wahid helped fund, and to send leaders
like Mr Theys Eluay to Jakarta and abroad to explain their
ambitions.

While not conceding any right to separate from Indonesia, Jakarta
has been holding out the prospect of substantive autonomy, backed by
laws that from January will divert up to 80per cent of revenue from
mines and oil fields to regional governments. Papua has the massive
Freeport copper and gold mine, oil fields and a huge, offshore gas
deposit.

Why the flag deadline has to be imposed now has not been explained,
but Mr Wahid has been forced to concede ground to his many critics,
who include upholders of a simple Indonesian nationalism and stress
on the "unitary" nature of the state under the present highly
centralised constitutional arrangements.

Chief among those Mr Wahid must placate is his Vice-President, Ms
Megawati Sukarnoputri. It was under her father, Dr Sukarno, the
founding president, that in the early 1960s Indonesia mounted its
successful political-military campaign to win control of western New
Guinea, a part of their former East Indies that the Dutch had
withheld when finally conceding independence in 1949.

For decades, the Papuan independence movement held out in the
jungles, barely as an irritant. More recently it flourished through
"civil society" groups, coming into the open after Soeharto's fall
in May 1998. Despite savage crackdowns in Biak in July 1998 and at
Timika last December, independence flags and emblems pervade the
territory.

For the Papuans there is an urgency deriving from a sense that time
is not on their side. Perhaps only 55per cent of Papua's 2.4million
people are indigenous Melanesians. The rest are Javanese and
Balinese resettled by Jakarta, spontaneous migrants from the trading
communities of Sulawesi, and, since the Asian crisis, a host of
desperate job seekers - some now panning the mountain streams for
gold.

As Fiji has demonstrated twice, the threatened loss of land and
culture can move Melanesian people to support desperate measures.

The tougher Indonesian nationalists probably argue that tolerance
lets Papua slide in only one direction: towards independence. Better
to crack down now before the independence movement gets too
organised and gathers too much foreign support.

Without much evidence, the suspicion is widespread in Jakarta that
excising Papua from Indonesia is the next item on Canberra's agenda,
after East Timor.

But there is obviously potential for Papua to grow as an emotional
international issue, if its naive freedom movement is harshly
handled: in Australia and the Pacific; in Europe (where The
Netherlands is reviewing the 1962 record); and in the United States,
where the Freeport mine attracts controversy.

KABAR IRIAN ("Irian News") www.kabar-irian.com
NOTE: "All items are posted for their news/information content. They are
not necessarily the views of IRJA.org or subscribers. "

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Subj: [wp] JP: Betrayal of Nation By MPR, Wahid, Megawati, and Rais
Date: 8/17/00 2:25:30 AM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: indonesia-act@igc.apc.org, WestPapua@topica.com
CC: slliem@xs4all.nl, plovers@gn.apc.org, taylorjb@vax.sbu.ac.uk

Received from Joyo Indonesian News

[Note: Joyo sent this important editorial out on Monday, and is sending it
again now for those who may have missed it]

Jakarta Post
August 15, 2000

Editorial

A betrayal

It now looks almost certain the People's Consultative Assembly (MPR) will
extend the political role of the Indonesian Military (TNI) beyond 2004, the
original deadline promised by leaders of the 1998 reform movement that
included the likes of President Abdurrahman Wahid, Vice President Megawati
Soekarnoputri and Assembly Speaker Amien Rais. As the MPR enters the last
days of its Annual Session, a draft decree retaining the TNI/National Police
faction in the Assembly until 2009 already has been endorsed at the MPR
commission level. Barring any last-minute surprises, the draft decree from
Commission B will be endorsed by the entire Assembly on Friday.

At the same time, Commission A, which is dealing with constitutional
amendments, is debating whether to write TNI's political role into the
country's Constitution. The fate of this proposal is less certain, but an
endorsement will give greater permanence to what many people have regarded as
a national stigma. While an MPR decree can be reviewed every year, an article
in the Constitution will be harder to repeal.

If the TNI's political role is written into the 1945 Constitution, this
Assembly, which was formed through democratic elections on a platform of
political reform, will go down in history as the one that gave constitutional
legitimacy to the military's role in politics. Not even Soeharto, whose
32-year tyrannical regime was largely propped up by the military exercising
its massive political clout, went this far.

During Soeharto's time, the military's "dual function" in defense and
politics was supported by a national consensus -- whatever that means -- and
formalized through an MPR decree and a law. It was never written into the
Constitution. It is therefore a huge irony the current MPR should want to
maintain or even elevate TNI's political role, when it is largely agreed that
giving the military political power in the first place is one of the main
reasons why the country finds itself in the political mess it is in today.

Few politicians have bothered to satisfactorily explain why the major
factions in the MPR have agreed to extend the military's lease on political
life. The most credible -- incredible is probably a better word --
explanation, given by some members of the Indonesian Democratic Party of
Struggle (PDI Perjuangan), is that it is a political "compromise" in return
for members of the military and police waiving their right to vote in
elections. One suspects behind-the-scenes arm-twisting and horse trading
during deliberations at the MPR.

Whatever the reasons, this confirms TNI remains a strong political group and
is effectively exercising its power to steer the MPR into agreeing to extend
its political role. This episode should also ring the alarm that TNI has no
intention of leaving the political arena at all, and that it has just bought
itself another five years to plan its next move.

Whether the TNI's role in politics is extended to 2009 or is written into the
1945 Constitution, the MPR has betrayed the nation, which went through so
much and made great sacrifices in pushing for political reform. Most of the
700 MPR members forget they owe their positions to the student-led reform
movement, which defied the military's might in 1998 to put an end to
Soeharto's 32-year dictatorship. It was then widely believed that ending the
military's role in politics was essential to building a real and long-
lasting democracy and civil society in Indonesia.

We reserve our greatest disappointment however for the nation's top three
leaders -- Abdurrahman, Megawati and Amien -- who on Nov. 10, 1998, took over
the leadership of the reform movement from the students to give it a wider
mass appeal and direction. The three, joined by Yogyakarta Sultan
Hamengkubuwono X during a meeting at Abdurrahman's residence in Ciganjur,
South Jakarta, were not in public office at the time but were widely
respected public figures not tainted by the corrupt regime.

We still remember vividly when they read out the historic Ciganjur
Declaration after their meeting, giving impetus to the reform movement. On
the point of the military's political role, they managed to calm the
students, who insisted the military immediately leave the political arena, by
promising TNI would be phased out of politics by 2004. Abdurrahman, Megawati
and Amien have not even bothered to publicly explain their position
throughout the current debate, let alone carry out their promise.

The day the MPR decrees the extension of TNI's role in politics to 2009 or
writes that role into the 1945 Constitution, is the day the nation will feel
a deep sense of betrayal by its leaders.

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong
++++++++++++++++++++++++++++++++++++++++++++++++

___________________________________________________________
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Subj: KABAR-IRIAN: [EN]
Date: 8/15/00 4:13:15 PM Central Daylight Time
From: admin@irja.org
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The Jakarta Post.com
National News
August 16, 2000
Govt urged not to force people to fly the flag

JAKARTA (JP): Constitutional law experts called on the authorities
to ease tension in regions experiencing civil unrest by not forcing
people there to hoist national flags ahead of the country's 55th
Independence Day anniversary on Thursday.

Law professor Bagir Manan of Padjajaran University (Unpad) and
Mohammad Mahfud M.D. of the Yogyakarta-based Indonesian Islamic
University separately expressed their views on Tuesday with regard
to troubled provinces such as Aceh and Irian Jaya where calls for
separation have been mounting.

"There is no law stating that every citizen must commemorate
Independence Day. So people should be free to make their own
decision.

"Flying a national flag is part of a tradition and so far there is
merely an instruction (without legal basis) to do so," Bagir said.

Aceh is an integral part of Indonesia and August 17 is the
celebration of our independence, he said.

"It's supposed to be a cheerful 'fiesta', so what's the point of
making them raise the national flag if they feel threatened or
afraid?" Bagir told The Jakarta Post by phone on Tuesday.

Instead of using coercive actions in dealing with restive Aceh,
Bagir suggested the administration create a more calm and amiable
situation for the people.

"Acehnese are caught in the conflict between GAM rebels (Free Aceh
Movement) and security forces. It's no use to push a 'normal'
arrangement, such as a national flag raising, in that 'abnormal'
situation. Just relax ... even GAM wouldn't want to raise their
flags on August 17, would they?"

By doing so, the government might be able to win the people's
heart -- not by "showing off power", Bagir added.

Sharing Bagir's view, Mahfud asserted that there is no existing law
that requires citizens to hoist the national flag.

"Therefore, there is no legal consequence for those who refuse to
fly the flag," he told the Post from Yogyakarta.

"The case is different if people tear up the flag. Such action could
be regarded as violating the sacred national emblem and they could
be charged by law," he said.

"People in Aceh and Irian Jaya must have their own sense of
belonging. Unless they have pride and awareness of being Indonesian
citizens, they will not voluntarily fly the flags.

"What is needed now is how to make their pride grow. One way to do
so is treating them fairly and humanely," he said.

Back in Aceh, provincial authorities issued on Tuesday a joint call
through local Serambi Indonesia daily, urging people to celebrate
Independence Day by hoisting national flags in front of their homes
and offices "as a demonstration of loyalty to the united Republic of
Indonesia."

The statement also contained warnings to any parties trying to
interrupt or foil the event, saying any such attempt "will be
punished according to existing regulations".

Similar black-and-white flyers -- signed by top Aceh officials such
as acting Aceh Governor Ramli Ridwan, Aceh Police chief Brig. Gen.
Doddy Sumantyawan, Provincial Council Speaker Muhammad Yus and MUI
Chief in Aceh Tengku Muslim Ibrahim -- were distributed from the
skies over Banda Aceh and Lhokseumawe by helicopters.

Aceh's Legal Aid Foundation (LBH) and Commission on Missing Persons
and Victims of Violence (Kontras) strongly protested the move.

"Let the people decide whether they want to join the celebration by
hoisting the flags or not. Stop terrorizing and intimidating them,"
Kontras' Aguswandi said.

In Jakarta, National Police Chief Gen. Rusdihardjo said that police
in Aceh would take strict measures against those attempting to hoist
other flags on Aug. 17.

"Their efforts could be considered violating the public order," he
told reporters.

"There are certain groups trying to use the independence moment to
attract attention so people will raise the issue again," Rusdihardjo
said.

With the same tune, Aceh Police chief Brig. Gen. Doddy Sumantyawan
reiterated that any pennant other than the national flag was
forbidden to be hoisted in the province.

"Police will take stern measures if there is any party trying to
raise other flags or pulling down the national flag," Doddy said,
replying to calls made by SIRA (Central Information of Aceh
Referendum) to hoist United Nations and Referendum flags on Aug. 17.

Meanwhile, a rush on staple foods hit cities across Aceh such as in
Sigli town of the restive Pidie regency and Lhokseumawe of North
Aceh.

People were seen buying large quantities of food supplies and public
transportation was reportedly also becoming scarce.

"We are afraid that the market and business activities will close
down at least for the next three days. We also heard that there will
be no public transportation operating," a house wife said.
(50/51/swa/dja/edt)

KABAR IRIAN ("Irian News") www.kabar-irian.com
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=======================================================

Subj: KABAR-IRIAN: [EN] It has to be Autonomy
Date: 8/16/00 9:32:11 PM Central Daylight Time
From: admin@irja.org
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Tempo Magazine
National NO. 24/XXIX/August 14 - 21, 2000
It has to be Autonomy

It has stirred up a lot of controversy in Indonesia, but the facts
speak for themselves—regional autonomy has got to be a better
alternative than the centralization of Suharto’s regime.

THEY have had to do their homework in one big rush. Not only in the
office of Regional Autonomy Minister Ryaas Rasyid, but also in
regional government offices in every province of Indonesia. It is
just a few months away and like it or not, they have to be ready for
it.

Under Indonesia’s still new regional autonomy laws, next January,
2.6 million civil servants will be reassigned from the central
government to the districts. Provincial and regional offices of the
central government and its departments will be abolished. Those
currently wearing the uniforms of the Indonesian civil service will
become part of the regional bureaucracy and no longer serve the
central government.

It may look as if it just alters the status of the bureaucracy, but
the truth is rather more complicated. This work has serious
consequences, which are still being worked out. The full
implications will only emerge in time.

Abolishing central government offices and fusing them with others
owned by the regions means moving human resources and assets.
Positions may be limited and some categories of civil servant will
almost certainly lose their jobs.

This could stir up jealousy and regional rivalries. When Indonesia’s
Social Department and the Information Department were liquidated a
few months back and their staff transfered to other government
bodies, around 20 percent of the 300,000 staff lost their jobs in
the process.

"Competition between officials also may be influenced by issues of
whether they are local people," said Andi Mallarangeng, a specialist
staff member at the Regional Autonomy Ministry.

Local workers may feel jobs in their areas should only be filled by
those who originate in those areas.

Two laws passed last year are behind all this—the Law on Regional
Government and the Law on Division of Finances between Center and
Regions. They have stirred up plenty of controversy. Between them
they set the scene for true autonomy in districts across Indonesia.

Under these laws, districts will be allowed to organize every aspect
of their affairs, apart from matters of foreign affairs, finance,
defense, justice and religion.

Many people are optimistic about these laws. They feel they will go
a long way to solving some of Indonesia’s most insidious problems.
Wide-ranging autonomy could strengthen politics and economic
justice, and fulfill the demands Indonesia’s outlying regions have
been crying out for. Their local cultural identity will finally be
acknowledged.

The structure of the regional government, even arranging local
village borders, can be altered if those in the regions want. Local
traditional systems of government can be revived. The main thing is
the regions have the power to arrange all their affairs themselves.

That is if both of those laws can be implemented in full. But so far
they have not proved that effective. Procedures to monitor them are
not yet ready. Government regulations on who is ultimately
responsible for what have yet to be finalised. So do rules on who
can or cannot fire a district head.

So far, implementation of the laws on regional autonomy has been
patchy at best. Many regions are far from ready for such a major
change.

One example can be found in the capital itself, at the Jakarta
provincial government. Recently six oil wells were discovered around
the Thousand Islands archipelago, just to the north of the city.
Unfortunately, the Jakarta provincial administration does not know a
great deal about oil. Up to now, on the mineral front, they have
only dealt with mines and sand.

There are other such examples. In Papua, the Jayawijaya regency is
now involved in handling gold and copper mining.

Then there is the way the regions calculate their assets.
Mallarangeng is now busy trying to sort out what assets actually
belong to the central government. There are state-owned factories in
the regions, for example, which are to be ‘regionalised’. But
reassigning assets does not only mean reassigning goods. It also
means reassigning responsibility and management.

The regions also need to restructure their tax laws to ensure they
have a source of income.

There are wide discrepancies between regions and more are likely to
appear. According to economic analyst M. Sadli, regions with vast
natural resources will very quickly push to develop them. Those with
few natural resources will be left behind. Ironically, the rich and
poor are often neighbours. For example the provinces of Riau and
Jambi in Sumatra. Or it can occur at a lower level. The regencies of
Bengkalis and Siwak in Riau are rich in oil. The neighbouring
Pelalawan regency, also in Riau, is not.

Java, which for years enjoyed privileges as the ‘center’, is going
to have its work cut out. The wealth of the provinces of Java is
rather in human resources than natural resources. There is a great
potential for Java to lose income as a result of all this.

But the key issue with all of these problems is whether autonomy is
going to cause trouble. Or is it a way out for various problems in
the regions which are holding up Indonesia’s progress right now:
violence in Aceh, demands for independence in Papua, social
conflicts in Maluku, Sulawesi and Kalimantan?

If we glance back at past relations between the center and the
regions in Indonesia, autonomy seems an option which cannot be
rejected any more. For more than 30 years of the Suharto era and six
years of ‘Guided Democracy’ at the end of Sukarno’s reign, autonomy
was a word that was absent from Indonesia’s political dictionary.

Centralization originally was based on the simple idea that
Indonesia’s diversity causes political instability. That could only
be solved by holding the reins of the bureaucracy and of power in a
single hand, or so the argument went. The implications of that were
extreme.

For decades power was in the hands of Jakarta. Appointments of
regional officials could not be made without the blessing of the
center. As time went on, Jakarta’s nails became more and more deeply
embedded. Posts of governor, regent, mayor needed Jakarta’s
approval. Then some became positions to accommodate military
generals and certain other officials who were retiring. Such a
distortion was only possible because of the lack of control on the
center of power.

After a while things started to be standardised. Political parties
were restricted. Citizens’ political rights were chained up. Family
planning, presidential decrees, transmigration were all carried out
in the spirit of unity and standardisation, undermining the
diversity that is found throughout Indonesia. With the system of
military commands, this standardisation was reinforced, from the
center to the village level, often using repression as a tool.

As a result, local culture died. Systems of local kinship and
regional regulations that had existed for years, like the nagari
system in West Sumatra, was replaced with a centralized structure
which was neat and standardised.

Even parts of Java, supposedly the island most favored by the
system, were affected. The concepts of ‘jagabaya’ for a security
guard or ‘jagatirta’ for a guard for irrigation water in a rice
paddy had long been employed by the people of Java. They were
changed for post of head of affairs or ‘kaur’, which formed part of
the structure ordered by the center.

Economically speaking, the regions became a milking cow for
interests at the center. The fruits of the earth and natural wealth
were sucked up by Jakarta. When he got the chance former Irian Jaya
governor Barnabas Suebu complained: "Irian Jaya only produces
income, but does not have the right to enjoy it. Everything goes
into the treasury of the central government."

Banten, one region that now wants to cut away from West Java
province, produces Rp1.8 trillion per year for the state coffers.
But it only gets one tenth of that back. In an extreme version, the
Free Aceh Movement cites this behavior of the central government
towards the regions as an act of neo-colonialism by the Javanese
people towards Aceh.

Because the centers of growth are in Jakarta and in the large cities
of Java, the essential human resources are mostly located in Java.
Urbanization shows no signs of stopping. Most of the wealth went to
these areas.

As centralization became more entrenched under Suharto, the
underlying problems became more serious and the resentment in the
regions more intense, something these laws are belatedly trying to
address.

Their bargaining power with the center repeatedly weakened,
eventually there were declarations of independence from some
regions. In Aceh this occurred in 1976. The consequences of that are
still reverberating right up to now. The same happened in Irian Jaya
at the end of 1960s and was effectively renewed this year. Then
there is Riau, also Kalimantan, where else?

Faced with these facts, it is difficult to reject autonomy. It may
be an alternative solution.

It may take time. It may be controversial. But this route has to be
trodden if links between the regions and the center are going to be
better than they were under Suharto’s New Order regime. Or if
Indonesia does not want to be torn to shreds a little further down
the line.
-- (Arif Zulkifli/CM)

KABAR IRIAN ("Irian News") www.kabar-irian.com
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Subj: [wp] Jayapura tense, but calm
Date: 8/16/00 4:36:57 PM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: WestPapua@topica.com

Received from Joyo Indonesian News

Indonesian Observer
August 16, 2000

Jayapura tense, but calm

JAKARTA (IO) - Hundreds of people staged a peaceful rally in the West
Papua (Irian Jaya) capital of Jayapura yesterday, demanding the People's
Consultative Assembly (MPR) cancel its decision to issue a decree that
would prevent any parts of Indonesia from seceding and declaring
independence.

Military and police officers said the situation in Jayapura was tense but
calmed down after around 600 protesters dispersed after having gathered at
the city's Imbi Park, Antara reported.

The MPR has agreed to order President Abdurrahman 'Gus Dur' Wahid to be
more serious in dealing with separatism in Irian Jaya and Aceh.

The protesters, led by separatist rebel leader Theys Eluai, dispersed
after staging a free-speech forum.

Most locals stayed indoors during the rally and public transport services
stopped operating.

Theys had on Monday threatened to occupy state buildings, including the
governor's office and the local parliament complex.

Fearing the protest could escalate or turn violent, the governor's office
and provincial legislative assembly building were tightly guarded by
security forces, police said.

Many shops were closed and hundreds of people had difficulty finding
public transport. Local authorities later provided commuters with two
vehicles.

Yesterday's protest marked the 38th anniversary of the so-called New York
Agreement of 1962, in which the Dutch agreed to hand over the territory to
the United Nations.

In 1963, the UN - apparently acting under US pressure, gave the region to
Indonesia, with an understanding that by the end of the decade the West
Papuan people would have a chance to vote as to whether they wanted to
remain part of Indonesia.

However pro-independence activists say that the so-called "Act of Free
Choice" in 1969 was a sham. All 1,022 selected village chiefs supposedly
decided to remain part of Indonesia. Since then, rebels belonging to the
Free Papua Movement have been battling Indonesian rule.

Until last year, the military ran the province with an iron hand. Torture
and murder were reportedly common.

But thanks to the leniency of President Abdurrahman Wahid, the natives of
Irian Jaya can now peacefully express their aspirations for independence
without having to fear they will be shot. Trikora Regional Military
Commander Major General Albert Inkiriwang and Irian Jaya Police Chief
Brigadier General S.J. Wenas led security patrols around Jayapura.

Antara reported that the provincial administration had ordered all schools
and offices to suspend operations for the day. During the rally,
protesters hoisted the rebel movement's Morning Star flags alongside
Indonesian flags at Imbi Park, which is located near the local parliament
building and the office of the Irian Jaya Arts Council.

Inkiriwang and Wenas ordered their officers to confiscate weapons carried
by the protesters. According to Antara, the security forces seized a
number of sharp weapons, molotov cocktails, grenades and handmade bombs
from the protesters.

Theys has threatened to force the local parliament to officiate the
changing of the province's name from Irian Jaya to West Papua because
Wahid has agreed to the change.

Papuan separatists finished a congress in June declaring that their
territory had never been part of Indonesia. Wahid refused to recognize the
results of congress because it had not included representatives of all
groups in the province.

Wahid has ordered the military to take repressive measures against
separatist activity in West Papua.

Residents of Puncak Jaya district in Irian Jaya yesterday lowered the
separatist movement's Morning Star flag out of their own volition, an
official said.

Puncak Jaya district chief Andreas Coem said the flag lowering took
happened in Bioga subdistrict, three days after a ceremony on Saturday to
mark the end of a long-standing conflict among members of the Damal tribe.

Rival factions in the tribe ended their six-years of internal feuding and
expressed their loyalty to the Unitary State of the Republic of Indonesia,
he said.

Members of the tribe had previously hoisted the West Papua flag, but
solely because of pressure from a rather small clique of people and
because of ignorance, Coem said.

"After we approached them persuasively, they realized their mistake and
lowered the flag themselves," Coem said, adding what the locals want is to
free their region from isolation and focus on development.

In other parts of the country's easternmost province, including Jayapura,
the West Papua flag was sti

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong
++++++++++++++++++++++++++++++++++++++++++++++++

___________________________________________________________
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Subj: [wp] West Papuan refugees ready for repatriation (The National 11 August 2000
Date: 8/16/00 4:36:32 PM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: WestPapua@topica.com

from The National (Papua New Guinea)
11 August 2000

West Papuan refugees ready for repatriation

ABOUT 700 refugees living at the East Awin camp in Kiunga, Western
province, will be repatriated to their home villages in the Indonesian
province of West Papua at the end of this month.
The exercise is expected to take place in Kiunga and will be witnessed by
officials from the United Nations High Commission for Refugees regional
office in Canberra, Australia, and the Indonesian Embassy in Port Moresby.
Provincial and Local Government Affairs Secretary Leo Meninga said this
week that the department has organised with a local third level airline,
MAF, to transport these 700 returnees to four different locations in West
Papua, namely, Jayapura, Kiwirok, Oksibil, and Wamena.
Mr Meninga said the Indonesian Government has given permission for PNG
journalists and television crew personnel to accompany these repatriation
flights to West Papua to report on the exercise.
This is the third, and by far the biggest, voluntary repatriation exercise
of West Papuan refugees so far this year.
The Indonesian Embassy confirmed the repatriation yesterday saying that if
was awaiting confirmation from Jayapura for the exercise to start on
Thursday, Aug 31.

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong
++++++++++++++++++++++++++++++++++++++++++++++++

___________________________________________________________
T O P I C A The Email You Want. http://www.topica.com/t/16
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Subj: [wp] SOS from Munir/Kontras: Military will re-enter national political stage
Date: 8/16/00 3:38:43 AM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: indonesia-act@igc.apc.org, east-timor@igc.apc.org, WestPapua@topica.com
CC: plovers@gn.apc.org, munir91@hotmail.com, slliem@xs4all.nl

>Date: Wed, 16 Aug 2000 02:00:50 JAVT

KONTRAS: Military to return to stage of National Politics, a move to
legalise violence

Some constitutional amendments which have been agreed at the Annual Session
of the MPR are in contravention of democracy and human rights. The most
important amendments are the following:

1. Article 281: The Retroactivity principle:

One of the provisions of this article reads as follows: '.. the right not
to be charged on the basis of retroactivity is a basic human right that may
not be breached under any circumstances'.

Comment:

a. The principle of non-retroactivity is a universally recognised
principle. But there is a problem if it adopted as a permanent feature with
nothing being said about the possibility of exceptions in regard to events
that occurred during the new order. This amendment will make it impossible
to try perpetrators of human rights which occurred in the past,
specifically the military.

b. This principle relates to a moral norm that should not be explicitly
enforced by law. If this is done, it will poison the legal system and set
an extremely bad precedent in the matter of justice

2. Article 30 (3) and (4) on Separation between the TNI and Polri (armed
forces and the police)

This article states that the TNI is 'the state organ charged with
defending, protecting and safeguarding state integrity and sovereignty.'
And: 'POLRI is the state organ which guards security and order, which
serves society and upholds the law'.

It should be stressed that:

a. The TNI is not the only body with the authority and responsibility for
protecting 'the integrity and sovereignty' of the state. If this were to be
the case, this would mean the destruction of democratic values.

b. If no limit is placed on the role of the TNI as stated under point a),
it could mean the return of the military to the national political stage,
the very body that has contributed to the violation of human rights. This
could lead to a loss of confidence in parts of the country, leading to
aspirations to separate from the Republic.

c. By formaliising the role of the military in this way, it will provide
the juridical basis for the implementation of the law on states of emergency.

Kontras 2000

>
>
>
>

________________________________________________________________________
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+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath,
Surrey CR7 8HW, UK
Phone: 020 8771-2904 Fax: 020 8653-0322
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
Campaigning to expose human rights violations in
Indonesia, West Papua and Aceh

26 years - and still going strong
++++++++++++++++++++++++++++++++++++++++++++++++

___________________________________________________________
T O P I C A The Email You Want. http://www.topica.com/t/16
Newsletters, Tips and Discussions on Your Favorite Topics

=======================================================

Subj: KABAR-IRIAN: [EN] PCRC Action Alert on W. Papua
Date: 8/16/00 9:32:31 PM Central Daylight Time
From: admin@irja.org
Sender: owner-kabar-irian@irja.org
Reply-to: admin@irja.org
To: kabar-irian@irja.org

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From: Charles Scheiner
From: Reception Subject: PCRC ACTION ALERT ON WEST PAPUA
Date: Wed, 16 Aug 2000 11:49:03 +1200

PCRC ACTION ALERT
- 16 August 2000

Indonesian military build-up
in West Papua

Following moves towards independence in West Papua, the Indonesian
armed forces are moving towards a violent response, with the
introduction of new Indonesian troops into West Papua and the arming
of anti-independence militias. West Papuan leaders are calling on
the international community to speak out against this
militarisation.

Background:

Between 29 May and 4 June 2000, the Second Papuan People's Congress
was held to discuss the issue of a transitional government for West
Papua (the western half of the island of New Guinea, which has been
occupied by Indonesia since the 1960s). Over 3,000 West Papuans
attended the People's Congress in the capital Jayapura (Port
Numbay), including representatives from the central government and
provincial administration, Papuan leaders living in exile,
supporters of the OPM (Free Papua Movement) as well as observers
from other parts of Indonesia. The Congress issued a Declaration of
Independence on 4 June 2000. Independence activists stressed West
Papua has been independent since December 1961 and that the
subsequent Indonesian take over through the 1969 Act of Free Choice
was illegal.

Indonesia has responded with a major military build up. In the first
week of August 2000, about five hundred KOSTRAD (Land Command
Strategic Troops) were deployed to each of the thirteen regencies in
West Papua (amounting to 6,500 new troops). The troops were deployed
six hours after Indonesian President Wahid's statement to the
Indonesian Parliament outlining his willingness to offer West Papua
autonomy, but not independence. On 8 August, Indonesia's MPR
(Provisional Peoples Consultative Assembly) agreed to reject the
West Papuan Congress demands for independence, and instead to grant
autonomy to West Papua.

Indonesian troops normally based in West Papua include several
thousand regular and special forces (Kopassus) troops. Indonesia is
also planning a new naval base for 3,000 marines in the district of
Sorong in West Papua. There are also plans, announced in July, to
send 2,000 troops of the police mobile brigade (Brimob) from
Jakarta.

Already, the Indonesian military are supporting the creation of new
anti-independence militias in West Papua, such as the pro-Jakarta
Satgas Merah Putih (Red and White Taskforce - the colours of the
Indonesian flag). In 1999, this tactic led to massive human rights
violations in East Timor, and the death of thousands. The OPM (Free
Papua Movement) fears that the Indonesian military is bringing guns
from overseas to provoke West Papuans into responding with violence.

West Papuan NGOs and churches call for support:

Militias armed by Indonesia caused a human tragedy in East Timor in
1999. This year, thousands have also died in clashes in Maluku, in
militia attacks supported by elements of the Indonesian military.
There is an urgent need for the international community to act to
halt a similar tragedy in West Papua. Melanesian countries (through
the Melanesian Spearhead Group) and the wider Pacific community
(through the South Pacific Forum) can play an important role in the
peaceful resolution of the current crisis. West Papuan activist
Jacob Rumbiak writes: "West Papuans urgently request international
institutions, especially the United Nations, to protect West Papuans
in West Papuan territory, so that another human disaster in the
Indonesian Republic can be contained. West Papuans hope that the
international community will not wait until West Papua is destroyed
by the Indonesian government (that is still dominated by its own
military) before it addresses the rapidly deteriorating situation.
West Papuans consider that direct intervention is the duty of the
United Nations, which must protect indigenous West Papuans. The
problem is not an 'internal' political problem, but rather one that
has to be addressed by the international community. Thank you for
your attention. Please help avoid our disaster."

Senior church and NGO leaders in Jayapura have issued a statement
this week seeking international support. Bishop Leo Laba Ladjar for
the Catholic Diocese; John Gobay Chairman of the Synod of the GKI
Church of Irian Jaya; Robert Korwa for the Jayapura Legal Aid
Institute; and other NGO leaders have stated:

"In the interests of upholding human rights and democracy, we offer
the following recommendations:

"Firstly: The name Papua represents the cultural identity of the
people of Papua land and the unfurling of the Papuan flag throughout
the land is a symbol of the aspirations of the Papua people that
were repressed during the New Order. We feel that the right of all
people individually and collectively to express their opinions
should be respected, and this includes the right of Papua people to
call themselves Papuans and to unfurl their flag. We vigorously
protest against the policy of the government, in this reform era, to
repress this.

"Secondly: We reject the proposal to amend Article 29 of the
Indonesian Constitution, which would allow the state to interfere in
people's religious freedom.

"Thirdly: We call on the government, both civilian as well as the
TNI and police, and the regional government to respect the principle
of dialogue. The government and the legislature should not open the
way for the re-emergence of militarism in Indonesia. We therefore
demand the immediate withdrawal of all the newly arrived non-organic
troops. We are totally convinced that violence will never resolve
our problem; on the contrary it will only bring new problems.

"Fourthly: the wishes of members of the MPR to adopt a law on
special autonomy for Papua should be postponed and there should
first be dialogue regarding the matter with the Papuan people,

"Fifthly: We call on all sections of the community, in particular
the Papuan Presidium Council, religious leaders, traditional
leaders, Satgas Papua, Red and White Satgas and the general public
to stress the need for dialogue in resolving the conflicts. We
should do everything possible to restrain ourselves so that we are
not dragged into violent conflict, which can only result in loss of
life and property for the ordinary civilians.

"Sixthly: We urge the central government and the various components
of the Papuan people to enter into dialogue to seek an overall
solution to the Papuan problem."

Actions you can take:

Militias armed by Indonesia caused a human tragedy in East Timor in
1999. It is not too late for the international community to act to
halt a similar tragedy in West Papua. Melanesian countries (through
the Melanesian Spearhead Group) and the wider Pacific community
(through the South Pacific Forum) can play an important role in the
peaceful resolution of the current crisis.

Please write today to member governments of the South Pacific Forum,
to request that this important issue be discussed at the next Forum
meeting (to be held in Kiribati in October 2000).

Ask your government to support efforts to carry the issue of West
Papua to international bodies, such as the United Nations Special
Committee on Decolonisation and the United Nations Commission of
Human Rights.

Write to the Indonesian Embassy calling for the withdrawal of
Indonesian troops from West Papua and peaceful dialogue over
self-determination for the people of West Papua.

Pacific Concerns Resource Centre (PCRC) has prepared a briefing
paper on current developments in West Papua. To obtain a copy,
contact PCRC in Suva, Fiji Islands:

Pacific Concerns Resource Centre
83 Amy Street, Toorak
Private Mail Bag, Suva
FIJI ISLANDS

Phone (679) 304649
Fax: (679) 304755
Email: pcrc@is.com.fj
Web: www.pcrc.org.fj

PACIFIC CONCERNS RESOURCE CENTRE is the Secretariat of the Nuclear
Free and Independent Pacific (NFIP) movement. It is registered in
the Fiji Islands under the Charitable Trusts Act. PCRC is a
Non-Governmental Organisation in General Consultative Status with
the Economic and Social Council of the United Nations.

KABAR IRIAN ("Irian News") www.kabar-irian.com
NOTE: "All items are posted for their news/information content. They are
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Subj: KABAR-IRIAN: [EN] Legalise Violence.....
Date: 8/16/00 9:31:58 PM Central Daylight Time
From: admin@irja.org
Sender: owner-kabar-irian@irja.org
Reply-to: admin@irja.org
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From: TAPOL

Date: Wed, 16 Aug 2000 02:00:50 JAVT

KONTRAS: Military to return to stage of National Politics, a move to
legalise violence

Some constitutional amendments which have been agreed at the Annual
Session of the MPR are in contravention of democracy and human
rights. The most important amendments are the following:

1. Article 281: The Retroactivity principle:

One of the provisions of this article reads as follows: '.. the
right not to be charged on the basis of retroactivity is a basic
human right that may not be breached under any circumstances'.

Comment:

a. The principle of non-retroactivity is a universally recognised
principle. But there is a problem if it adopted as a permanent
feature with nothing being said about the possibility of exceptions
in regard to events that occurred during the new order. This
amendment will make it impossible to try perpetrators of human
rights which occurred in the past, specifically the military.

b. This principle relates to a moral norm that should not be
explicitly enforced by law. If this is done, it will poison the
legal system and set an extremely bad precedent in the matter of
justice

2. Article 30 (3) and (4) on Separation between the TNI and Polri
(armed forces and the police)

This article states that the TNI is 'the state organ charged with
defending, protecting and safeguarding state integrity and
sovereignty.' And: 'POLRI is the state organ which guards security
and order, which serves society and upholds the law'.

It should be stressed that:

a. The TNI is not the only body with the authority and
responsibility for protecting 'the integrity and sovereignty' of the
state. If this were to be the case, this would mean the destruction
of democratic values.

b. If no limit is placed on the role of the TNI as stated under
point a), it could mean the return of the military to the national
political stage, the very body that has contributed to the violation
of human rights. This could lead to a loss of confidence in parts of
the country, leading to aspirations to separate from the Republic.

c. By formaliising the role of the military in this way, it will
provide the juridical basis for the implementation of the law on
states of emergency.

Kontras 2000

+++++++++++++++++++++++++++++++++++++++++++++++
TAPOL, the Indonesia Human Rights Campaign
email: tapol@gn.apc.org
Internet: www.gn.apc.org/tapol
++++++++++++++++++++++++++++++++++++++++++++++++

KABAR IRIAN ("Irian News") www.kabar-irian.com
NOTE: "All items are posted for their news/information content. They are
not necessarily the views of IRJA.org or subscribers. "

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Subj: KABAR-IRIAN: [EN] Tense situation in Irian (2 articles)
Date: 8/15/00 4:13:40 PM Central Daylight Time
From: admin@irja.org
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The Jakarta Post.com
Latest News
Jayapura paralyzed by demonstration
August 15, 2000 - 13:22

JAKARTA (JP): A demonstration led by the chairman of the Papua
Presidium, Theys Hiyo Eluay, in Irian Jaya's capital Jayapura
paralyzed the city.

Antara news agency reported that offices, schools and shops in the
city were closed following threats from Theys that he and his
supporters would occupy the offices of the governor and the
provincial legislative body.

Public transportation vehicles also were absent from the streets for
fear they would be targeted by demonstrators.

Many people were left stranded, while others took motorcycle taxis
to their destinations. They had to pay between Rp 10,000 and Rp
20,000 for a ride.

Theys called the demonstration following statements by a number of
legislators in the People's Consultative Assembly in Jakarta that
they were opposed to changing the name of Irian Jaya to Papua, and
the decision by President Abdurrahman Wahid not to allow Irianese to
raise separatist flags after Aug. 17.

Trikora (Irian Jaya) Military Commander Maj. Gen. Albert Inkiriwang
and Irian Jaya Police chief Brig. Gen. S.J. Wenas personally led
their personnel in patrolling the city.

Police Mobile Brigade personnel, led by Jayapura Police chief Supt.
Daud Sihombing, searched people on the streets for weapons.

Daud said his officers confiscated a number of weapons, including a
military-standard grenade, Molotov cocktails, two military-standard
knives and a number of explosive devices. He said the police did not
make any arrests.

He added that security personnel had taken all possible steps to
protect the people from violent actions by any party.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Indonesian Observer
Wednesday, August 16 - 2000
Jayapura tense, but calm

JAKARTA (IO) — Hundreds of people staged a peaceful rally in the
West Papua (Irian Jaya) capital of Jayapura yesterday, demanding the
People’s Consultative Assembly (MPR) cancel its decision to issue a
decree that would prevent any parts of Indonesia from seceding and
declaring independence.

Military and police officers said the situation in Jayapura was
tense but calmed down after around 600 protesters dispersed after
having gathered at the city’s Imbi Park, Antara reported.

The MPR has agreed to order President Abdurrahman ‘Gus Dur’ Wahid to
be more serious in dealing with separatism in Irian Jaya and Aceh.

The protesters, led by separatist rebel leader Theys Eluai,
dispersed after staging a free-speech forum.

Most locals stayed indoors during the rally and public transport
services stopped operating.

Theys had on Monday threatened to occupy state buildings, including
the governor’s office and the local parliament complex.

Fearing the protest could escalate or turn violent, the governor’s
office and provincial legislative assembly building were tightly
guarded by security forces, police said.

Many shops were closed and hundreds of people had difficulty finding
public transport. Local authorities later provided commuters with
two vehicles.

Yesterday’s protest marked the 38th anniversary of the so-called New
York Agreement of 1962, in which the Dutch agreed to hand over the
territory to the United Nations.

In 1963, the UN — apparently acting under US pressure, gave the
region to Indonesia, with an understanding that by the end of the
decade the West Papuan people would have a chance to vote as to
whether they wanted to remain part of Indonesia.

However pro-independence activists say that the so-called “Act of
Free Choice” in 1969 was a sham. All 1,022 selected village chiefs
supposedly decided to remain part of Indonesia. Since then, rebels
belonging to the Free Papua Movement have been battling Indonesian
rule.

Until last year, the military ran the province with an iron hand.
Torture and murder were reportedly common.

But thanks to the leniency of President Abdurrahman Wahid, the
natives of Irian Jaya can now peacefully express their aspirations
for independence without having to fear they will be shot. Trikora
Regional Military Commander Major General Albert Inkiriwang and
Irian Jaya Police Chief Brigadier General S.J. Wenas led security
patrols around Jayapura.

Antara reported that the provincial administration had ordered all
schools and offices to suspend operations for the day. During the
rally, protesters hoisted the rebel movement’s Morning Star flags
alongside Indonesian flags at Imbi Park, which is located near the
local parliament building and the office of the Irian Jaya Arts
Council.

Inkiriwang and Wenas ordered their officers to confiscate weapons
carried by the protesters. According to Antara, the security forces
seized a number of sharp weapons, molotov cocktails, grenades and
handmade bombs from the protesters.

Theys has threatened to force the local parliament to officiate the
changing of the province’s name from Irian Jaya to West Papua
because Wahid has agreed to the change.

Papuan separatists finished a congress in June declaring that their
territory had never been part of Indonesia. Wahid refused to
recognize the results of congress because it had not included
representatives of all groups in the province.

Wahid has ordered the military to take repressive measures against
separatist activity in West Papua.

Residents of Puncak Jaya district in Irian Jaya yesterday lowered
the separatist movement’s Morning Star flag out of their own
volition, an official said.

Puncak Jaya district chief Andreas Coem said the flag lowering took
happened in Bioga subdistrict, three days after a ceremony on
Saturday to mark the end of a long-standing conflict among members
of the Damal tribe.

Rival factions in the tribe ended their six-years of internal
feuding and expressed their loyalty to the Unitary State of the
Republic of Indonesia, he said.

Members of the tribe had previously hoisted the West Papua flag, but
solely because of pressure from a rather small clique of people and
because of ignorance, Coem said.

“After we approached them persuasively, they realized their mistake
and lowered the flag themselves,” Coem said, adding what the locals
want is to free their region from isolation and focus on
development.

In other parts of the country’s easternmost province, including
Jayapura, the West Papua flag was still seen flying alongside the
Indonesian flag.

KABAR IRIAN ("Irian News") www.kabar-irian.com
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Subj: KABAR-IRIAN: [EN] Indonesia's Assembly Assigns President to Curb
Date: 8/15/00 4:13:28 PM Central Daylight Time
From: admin@irja.org
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Separatism
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Indonesia's Assembly Assigns President to Curb Separatism (1)
JAKARTA (Aug. 15) XINHUA

Indonesian People's Consultative Assembly (MPR), the country's
highest law-making body here Tuesday assigned President Abdurrahman
Wahid to soon take strict measures in dealing with separatist
movements in the country.

The MPR also urged the president to take firm actions against
provocateurs who are inciting the communal bloodshed in the
provinces of Maluku, North Maluku and other provinces as well.

In a plenary session of the Assembly's annual meeting on Tuesday,
the Assembly's Commission C in charge of deliberating the
president's report and other high state institutions, stated that,
"The President has not yet been able to deal with separatist
movements which have been threatening the totality of the unitary
state of Indonesia especially in Aceh and Irian Jaya provinces."

The Commission C then decided to task the president to pay more
attention and take any necessary measures against the separatist
activities and soon implement the special autonomy bill in the
provinces of Aceh and Irian Jaya.

The president was also asked to rebuild the integrity and the
authority of the Indonesian Military (TNI) and the National Police
(Polri) so as the two institutions can do their best in carrying out
their duties.

Meanwhile, in economic field, the Commission C considered that the
ongoing economic recovery process was sluggish, urging the president
to accelerate the national banking restructuring program, as well as
speeding up the debt restructuring process.

"The Assembly assigns the president to soon create political and
security stability, provide guarantee of law, revise investment
bill, speed up privatization (of state owned companies) process, and
increase promotion of investment in the country," one of the
decree's appendix said.
-- Copyright XINHUA NEWS AGENCY

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Subj: KABAR-IRIAN: [EN] Description of Problems in Papua
Date: 8/15/00 4:15:20 PM Central Daylight Time
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From: Charles Scheiner
From: "Theo van den Broek" Date: Tue, 15 Aug 2000 10:16:20 +0700
(translation provided by Theo van den Broek)

DESCRIPTION OF PROBLEMS IN PAPUA

Presentation by Catholic Churchleaders in Papua in
A PERSONAL MEETING WITH PRESIDENT ABDURRAHMAN WAHID JAKARTA
27 JUNE 2000

By
The Office for Justice & Peace
Jayapura Diocese

DESCRIPTION OF PROBLEMS IN PAPUA

I. BACKGROUND

I.1. Basic attitude of the Papuans

First of all it is worthwhile to note that the Papuans have a very
fundamental attitude, namely the desire to "regulate themselves".
Throughout the history of their existence, Papuans have proven to be
able to regulate themselves so as to be able to maintain their
existence for centuries. This fundamental attitude has also been
shown by the Papuans to everybody and whatever agency that indicated
any tendency to reduce their chances to regulate themselves. Such an
attitude was shown in their encounter with the Dutch government,
missionaries, traders and newcomers in general. It was not
surprising, therefore, that any agency that wants to "control" the
Papuans usually resorted to violence. In view of that fundamental
attitude, it was also not surprising that December 1, 1961 was
written with golden letters in the pages of Papuan history, as at
that time the Dutch government gave a very agreeable perspective
with that fundamental attitude, namely initiating "the process of
freedom". Loss of such perspective in an international political
game in the sixties left a deep scar in them.

I.2. Three factual elements

While bearing the above fundamental attitude in mind, special
attention should be given to three factual elements that also
underlie Papuan problems today:

1. A complex of experience during the last decades, commonly
referred to as the collective "Memoria Passionis", or "memory of
suffering". These suffering experiences found their sources in:

a. the development policy followed by the Indonesian government
during that last 38 years;

b. the occurrence of dozens of human right violations in Papuan
territory during its integration in the Republic of Indonesia.

c. the behavior of the Indonesian armed forces in this territory,
commonly marked by arrogance and high-handed show of power.

2. Events during Papuan history, such as:

a. Program toward freedom initiated by the Dutch Government on
December 1, 1961 by (1) nominating representatives of local
community to 50% of the total members of Nieuw Guinea Raad
(parliament); (2) flying Morning Star Flag beside the Dutch flag;
and (3) socializing the national anthem "Oh Papua, My Land".

b. The adoption of New York Agreement (NYA) of 1962 as the basis of
transfer of the Nederlands Nieuw Guinea from the Dutch to the
Indonesian governments. This basic agreement was taken without the
participation of Papuans themselves in the negotiation.

c. The Determination of People's Opinion (PEPERA) in 1969 was
implemented incorrectly as it was accompanied by intimidation,
coercion, torture, and unilateral interpretation of conditions of
the implementation that was laid down in the NYA, so that it was
legally flawed.

3. Protest of the public has not been heard nor responded seriously
by the ruler, thus

a. The Papuans have never felt that their dignity and identity as
real men were recognized;

b. The Papuans have never felt that they were recognized and
protected as full Indonesian citizens with all rights and
obligations, as it was provided in paragraph 4 of the preamble of
the constitution of the Republic of Indonesia (the 1945
Constitution).

I.3. Silence because of helplessness

The sufferings summarized above finally produced a community that
was deeply disappointed, scared, felt isolated, used as an object of
projects and that kept its anger for so many years. It is quite
natural that one day this "memory of collective suffering" would
reveal itself and become a source of "strength in the struggle",
provided an opportunity is given to it.

I.4. Explanatory material

A number of writings help further clarification of what have been
summarized above. We attach those writings:

1. Report of Father Haripranoto S.J. in 1967, entitled
"Retrospection on the New Order in one and a half years in the
Capital city of West Irian";

2. Article prepared by the Secretariat for Justice and Peace (SKP)
of Jayapura Diocese, March 1999, entitled "Papuan National Dialogue,
a story of "Memoria Passionis";

3. Report of the Group of Concern with Community, Kiwirok
Sub-district, June 2000, entitled "The Case of Heapkauweng Taplo's
Murder".

4. A number of special reports published by the Secretariat for
Justice and Peace, Jayapura Diocese, on human right violations in
Papua.

II. The Development of M (Freedom) Aspiration Movement

The development of M Aspiration Movement (GERASEM) takes place
through the following stages:

1. Initially (May 1998 - July 1998 period) the disappointment of
Papuan community was revealed in a number of demonstrations, a part
of which was related to certain policy elements, such as:
transmigration program, denial of traditional rights on land,
exploitation of natural resources, lack of opportunity for local
community to take part in state administration, etc. and some others
were related to human right violations.

2. After the bloody event in Biak (July 6, 1998), the protests began
to change its tone to be "more political", as Papuan community felt
deeply frustrated when the peaceful demonstration during the reform
era in Biak continued to be responded by the security apparatus with
violence only.

3. On the eve of the National Dialogue (February 1999) the political
tone resounded even stronger. It was not surprising that in the
direct meeting between 100 representatives of Papuan People (Team of
100) and President Habibie, it was expressed clearly that the Papuan
People have been fed up, have not had confidence any longer in the
Indonesian

IRIAN JAYA (WEST PAPUA, NEW GUINEA): THE QUEST FOR INDEPENDENCE-AUGUST 10, 2000 ----AUGUST 19, 2000

THE RECORD AUGUST 10, 2000 ----AUGUST 19, 2000

THE RECORD
AUGUST 10, 2000 ----AUGUST 19, 2000