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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
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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

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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. "

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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.

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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
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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 government and strongly demanded that Papuan
freedom/sovereignty be recognized according to the fact that had
been established back in 1961.

4. The statement before the President and his cabinet was welcomed
enthusiastically by wide sections of Papuan community. This response
served as a very strong indication that wide sections of the
community really supported the revealed direction of struggle.
Furthermore, the people began to organize themselves through Command
Posts, a very simple mass organizing, nevertheless it became an
effective means of popularizing the "M (freedom) aspiration"
struggle. The M aspiration has become a daily talk of the community
of all strata.

5. Internally GERASEM organization has not been developed rapidly,
so that its leadership and program appeared somewhat abstract.
Leadership began to be an open discourse after November 12, 1999,
when Theys Eluay announced a plan to fly the Morning Star flag
throughout Papuan territory as from December 1, 1999.

6. From December 1, 1999 some new figures/leaders emerged and began
to direct GERASEM by bringing Papuan aspirations to the local and
central parliaments. Meanwhile, President Abdurrahman Wahid's visit
on December 31, 1999 was utilized to deliver an initial step for the
organizational consolidation by the announcement about the
convocation of a Papuan Congress. At the same time President Wahid
agreed to change the name of Irian Jaya into Papua, and for the
first time the Indonesian government officially apologized for human
right violations that had been committed.

7. Recently, the organizational consolidation was conducted in two
phases: (a) the convocation of a Great Deliberation, 24 - 28
February 2000; and (b) Papuan Congress II, May 29 - June 4, 2000. In
the latest development, a "political party" was formed as a means to
promote the M Aspiration, so that on June 23, 2000 the Papuan
National Front (FNP) was officiated under the leadership of Mr.
Herman Wayoi, a historical Papuan figure.

8. During this organizational consolidation process there was a
shift in the emphasis of different aspects of struggle. If in the
early stage of the struggle much emphasis was given to "the
settlement of human right violations", in the latest development
emphasis was given more to the "straightening of history" as the
basis and direction of struggle.

As supplementary materials we can mention:

1. The resolution of the Papuan Congress II;

2. Article by Dr. Benny Giyai, entitled "Toward a New Papua", May
2000.

III. Response of the Government and the Security Apparatus

As GRASEM developed the ruler did not stay aloof and it did take a
stand; however, such a stand was not always clear and it was not
clear either who took such decision. We are able to note a number of
examples, as follows:

1. At the beginning of the social movement (May 1998 - February 1999
period) the government as well as the security apparatus accepted
the fact that in the reform era, demonstrations should be left
alone. There was not any pro-active response and usually all
problems were regarded by the regional ruler as "material to be
submitted to the authorized party". There was an exception though,
namely a response against peaceful demonstration in Biak in July
1998, which was ended by TNI with an extraordinarily harsh violence.
By so doing, TNI continued to lose confidence from the people.

2. While the political tone developed (M aspiration), the government
confined itself by repeating (especially through the Governor's
statement) that the M aspiration was only the opinion of a handful
of people.

3. After the meeting with President Habibie (February 1999), for the
time being all parties kept silent, as if they did not know what to
do. There were only some incidents of intimidation against those
having relation to Team 100; it was not known who stood behind those
incidents.

4. On April 17, 1999 the police began to take a firmer stand by
issuing an announcement of the Head of Regional Police, containing
(a) prohibiting the functioning of Command Posts, as they were
regarded as "political units" that incited the community; and (b)
prohibiting all forms of socialization of the results of meeting
with President Habibie. This statement got a strong reaction from
the elements of the M movement leadership, and finally it was not
properly implemented.

5. By a letter of the Immigration Department (dated June 28, 1999),
five persons having relation to the activities of Team 100 were
prevented to go abroad for 6 months. It has never been clear who
requested or stimulated the issuance of such letter. Some people
even raised doubt whether these 5 prominent figures has ever
officially prevented, or in another word: it was possible that the
letter of somewhat "artificially made".

6. Instead of responding to the people's aspiration, the government
began to force through a plan for regional division to make it three
provinces. This plan was considered by wider section of the
community as a plan of the central government only, and was rejected
from the very beginning as a political maneuver. It was very
surprising that the government turned deaf ear to the people's voice
in this case, on the contrary it went so far as to inaugurate
secretly two new Governors on October 12 in Jakarta. This measure
got a strong reaction from the people and finally the new government
"froze" this plan.

7. In addition to forcing through regional division, the government
also tried to socialize the "special autonomy" designed to be a
response to the aspiration of Papuan people. For reasons that the
autonomy concept was not clear as well as because the special
autonomy was regarded as an "answer that would not answer the real
problem", this concept was rejected by the people.

8. Under such heated atmosphere, in several places (Sorong, Genyem)
the Morning Star flag was flown again (at the beginning of July
1999), and the police apparatus made use of such an incident to take
action against the leadership elements of Papuan Command Posts,
especially at Sorong.

9. A change in attitude was shown by the security apparatus after
the meeting at Sentani on November 12, 1999. This meeting was
attended by the security apparatus as well as by Yorris Raweyai. The
plan to fly the Morning Star Flag throughout Papua was announced
during the meeting, and the security apparatus responded by stating:
"they may do so, as it is the expression of the people's
aspiration". This attitude took many people by surprise and it
aroused suspicion that the flag hoisting would be used to take very
harsh measure. Suspicion increased as from the very beginning the
civilian government stated that the plan could not be accepted and
constituted a breach of law. The situation was even more confusing
as in the period of two weeks the security apparatus changed its
stand from "allowing" (the flag unfurling) to "unfurling the flag
means a violation against the law". Such a change in attitude
encouraged the judge at Sorong, who was trying the perpetrators of
flag flying at Sorong, to send the defendants home, because he did
not know who to follow, in view of the fact that his superior in
Jayapura agreed with the flag flying. The situation became all the
more confusing.

10. Finally, the celebration of December 1, 1999 was held very
orderly and solemnly, while the security apparatus let the Papuan
Task Force itself to be fully responsible for the security at that
time.

11. What was equally interesting, in November 1999 both the Head of
Regional Police (November 5) and the Commander of Military Region
(November 26) were replaced. The new officials began to socialize an
"affection approach" and tried to find a way to win back people's
confidence in the security apparatus. So, it was quite unexpected
that one day after December 1 celebration the security apparatus
once again resorted to violence, this time to end flag flying in
Timika (where the flag had been flown since November 10, 1999). The
same measure was repeated at Nabire at the end of February 2000 by
placing Papuan Task Force as the main target. Once again some people
were shot to death on the spot. Meanwhile at Fakfak (beginning of
March 2000) for the first time Red-and-White Task Force clashed with
Papuan Task Force. A frightening atmosphere began to take shape,
especially by inciting a group of people to fight against another
group (a horizontal conflict began to emerge).

12. During the course of both Great Deliberation and Papuan Congress
II the security apparatus allowed the Papuan Task Force to maintain
order. A very disturbing event (and difficult to understand) took
place when after the Deliberation as well as The Congress some
leaders were summoned by the police to be interrogated and charged
with "getting involved in unlawful activity". Meanwhile both events
were held with the consent of the security apparatus and in both
cases the leaders of the security apparatus stated that the results
of the meetings could be accepted. Thus the attitude of the security
apparatus was considered as highly ambiguous.

13. Such ambiguity was once again proven after the Papuan Congress
II, as it was found out that "TNI personnel" was involved in an
enquete where ordinary people of a hamlet were asked to fill in a
form to state whether they supported M (freedom) or O (autonomy).
Although officials denied their involvement, it was confirmed that
TNI personnel were involved in such activity (in Taja as well as in
Biak, and probably in some other places as well).

Based on points elaborated above, it is clear that the atmosphere
enveloping Papuan community becomes unclear, floating, as if
everything is allowed. This development occurs as the ruler, which
is expected to give the guarantee of the rule of law, did not take
decisive steps, on the contrary it tended to "allow" everything to
happen. Consequently, in all facets of life, law is felt no longer
functioning.

III. Considerations into the Future

Seeing into the future, we can draw one's attention to a number of
considerations or suggestions, as follows:

1. First of all, an atmosphere of openness should be created. Such
an atmosphere could only be created, if all parties are ready to
take a stand of "listening to others first" in order to perceive
what are really happening and what the backgrounds are.

2. An understanding of the situation should necessarily be revealed
in a clear confession by the ruler (state agencies, parliament,
civilian government as well as the armed forces/police) that
mistakes have been committed. Such a confession is highly needed in
order to avoid an impression that only one party can be at fault:
namely the people. Meanwhile the other party is free of mistakes.

3. In order that the atmosphere we have in mind could be created,
all kinds of unreasonable interrogation should be totally stopped;
ambiguous attitude of the security apparatus is not helpful at all,
especially if it is mixed with the utilization of religious
elements. The holding of enquete in the aftermath of Papuan Congress
II by TNI personnel was yet another indication why a change in the
climate is heavily depended on the honesty of the security
apparatus.

4. In view of the emphasis on the straightening of history as
desired by the Papuans, it is highly recommended that an evaluation
of historical facts be held together in a freshening atmosphere of
openness.

5. The revocation of Military Operational Region status of the whole
Papuan territory in October 1998 should be followed by visible
reduction in non-organic TNI elements, which frequently took
unnatural and concealed measures. There is a strong impression that
their role does not reduce after the revocation of the Military
Operational Region status.

6. As long as the security apparatus continues to resort to violent
actions, such as the one recently occurred in Nabire, TNI/Police
would remain to be experienced as human right violators; a charge
that was supported by facts. It would be excellent that the
domination of the security apparatus in Papuan territory is
terminated, and the civilian government is given a chance to prove
itself as the power holder in the territory.

7. A transparency of all elements of the ruling power is highly
needed, so that what is right could be seen by the public as right,
and what is wrong could be seen as wrong.

8. A dialogue is urgently needed to reestablish the role of each
element of security controller; in this case it is particularly
important to hold a negotiation with traditional leaders about the
status and role of Papuan Task Force, so that its status and
function could be seen clearly by wider sections of the public. At
the same time all efforts made by TNI to form a rival task force
(Red-and-White Task Force) should be totally stopped. This factor is
very important, because in our observation a polarization between
these two "security elements" is very dangerous to social atmosphere
and would polarize all natural struggles into unchecked radical
horizontal clashes.

9. Not less urgent is law enforcement (especially land law) in
Papua. As the state recognition of elements of traditional rights
was not clear, in addition to the spirit of M. Aspiration struggle,
the public began to act beyond acceptable limit and began to take
justice in their own hands. This tendency became more obvious in a
number of ongoing land cases as well as the closure action on a
number of government as well as private offices. It is necessary to
reformulate land law so as to respect traditional rights and at the
same time to guarantee the interests of ordinary people in a wider
sense of the word.

10. In order to create a dialogue climate, the progressive step
taken by President Wahid, such as the admission of state mistakes
and the "oral" official announcement of the name of Papua should be
followed up by (a) handling a number of cases of human right
violations seriously in the form of the establishment of human right
court; and (b) formal announcement of the name of Papua as a form of
recognition of Papuan people's identity.

11. Another condition for a real dialogue is the government
readiness to review all economic policies that did not empower
Papuan people.

12. A recognition of the Papuan National Front (FNP) is highly
expected, as in our evaluation the FNP could be used as the
principal means to raise GERASEM to the level of healthy and natural
political dialogue and struggle.

13. In particular the government should necessarily give a chance to
civil servants and intellectuals to play more active role in social
movement in Papuan territory. Up to now it is obvious that
intellectuals have not been present in the reorganization of social
movement, since they were "afraid", and were not allowed "to speak
freely" because of their status as civil servants, etc. The absence
of this group is very harmful to the importance of the present
struggle and perpetuates an "ambiguity", because it is not clear
which side those community figures really belong to.

14. Finally, it can be said that religious institutions are still
trusted in Papuan territory, so that they could be relied as a
mediating element in dialogues that are unconditionally necessary.
Churches are ready to take up such a role, provided that it remains
clear that churches (or religious elements) would not be misused by
the government.

The above are our views as the leadership of Catholic Church in
Papua, and we thank you for your attention.

Jakarta, June 27, 2000

***********************************************************
Charles Scheiner
P.O. Box 1182, White Plains, New York 10602 USA
Tel.1-914-428-7299 fax:1-914-428-7383 hand:1-914-720-9205
email: cscheiner@igc.apc.org
PGP key available on request.
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Subj: KABAR-IRIAN: [EN] The Name Papua to Become Official
Date: 8/15/00 4:12:26 PM Central Daylight Time
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Tempo Interaktif
Report from West Papua:
The Name ‘Papua’ to Become Official
15 Aug 2000 18:34:5 WIB

TEMPO Interaktif, Papua Barat: The new name of Papua province will
soon be announced officially. The Papua legislative council (DPRD I)
will convene a special plenary session on August 16 this week. The
special plenary session will discuss the name change from ‘Irian
Jaya’ to ‘Papua’ and regional autonomy, according to the Papua
legislative council speaker, Nathaniel Kaiway SH, during his
interview with TEMPO Interaktif in Papua on Monday, August 14.

Regarding the quarrel that occurred during the first plenary session
in People’s Consultative Assembly (MPR) Annual Session, the Vice
Speaker of the Papua legislative council, Drs. B.V. Djeharu,
criticized the MPR factions’ for promoting their own personal and
group interests. At that time, the name ‘Papua’ became a
controversial issue among the legislators. Many members branded the
usage of the name ‘Papua’ as an act of illegal separation from the
Indonesian state.

Djeharu also asserted that the dispute over the name indicated that
several MPR factions’ supported the ouster of President Abdurrahman
Wahid (Gus Dur) from the presidency. “The President himself approved
the changing of the name ‘Irian Jaya’ to ‘Papua’,” Djeharu stated
firmly. The matter concerning the name changing only awaits the
issuance of a Regional Regulation (Perda).

Besides the new name issue, this troubled province must also elect a
new governor and deputy governor. Currently there are 58 candidates
for the governor position and 57 candidates who desire to become
deputy governor.

KABAR IRIAN ("Irian News") www.kabar-irian.com
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Subj: [wp] PCRC ACTION ALERT ON WEST PAPUA
Date: 8/15/00 7:38:04 PM Central Daylight Time
From: cscheiner@igc.org (Charles Scheiner)
Reply-to: cscheiner@igc.org
To: WestPapua@topica.com

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.

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Subj: [wp] URGENT: Rising tensions in West Papua
Date: 8/14/00 12:31:19 PM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: WestPapua@topica.com, indonesia-act@igc.apc.org
CC: plovers@gn.apc.org

Urgent message from TAPOL

Rising political tensions in West Papua

We have just received a call from IRSTAD/ELSHAM, the leading human rights
organisation in Jayapura, warning that the political atmosphere in West Papua
is very tense indeed. There has been a big build-up of troops in the past few
days, consisting mainly of KOSTRAD and BRIMOB forces, which are spread
throughout the province, primarily in Jayapura, Merauke, Fak-Fak and Sorong.
Church organisations, NGOs and activists have been calling their office all
day
saying the sudden appearance of the troops is scaring everyone and making
people very angry.

The official spokesman of the regional military command (Kodam) in Jayapura,
Colonel Siregar, made a public statement today in which he confirmed the
arrival of extra troops, saying this was: 1) to deal with rising political
tensions, 2) to protect Freeport, and 3) to guard the border with PNG.

There is also angry reaction to reports from Jakarta that the MPR which is now
in session will reject the president’s proposal to change the name of Irian
Jaya to Papua, that it will adopt a decision on autonomy for West Papua
without
having discussed the question with the people there, and will not acknowledge
the legitimacy of the Papuan people’s flag, the Morning Star.

A big peaceful demonstration is planned for Tuesday morning when the local
assembly building in Jayapura may be occupied. The Papuan Presidium Council
has promised human rights organisations and the churches that the
demonstration
will be peaceful.

On behalf of the NGO network in Jayapura, we have been asked to urge
governments
everywhere to press the authorities in Jakarta and Jayapura to ensure that
there are no acts of violence by the army and the police against the
demonstrators. Otherwise, they fear that there could be clashes, if not in
Jayapura then in other towns where demonstrations are also likely to take
place.

We have received by fax a press release issued in Jayapura today by church
organisations and NGOs on the emergency situation in West Papua which we will
post later this evening.

All thos reading this posting are urged to follow through by urging their
government to make immediate representations to the Indonesian authorities to
ensure that no violence is used and that everything is done to prevent any
clashes from taking place.

+++++++++++++++++++++++++++++++++++++++++++++++
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] Statement by churches and NGO: Dialogue must be pursued in Papua
Date: 8/14/00 6:38:04 PM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
Reply-to: tapol@gn.apc.org
To: WestPapua@topica.com, indonesia-act@igc.apc.org
CC: slliem@xs4all.nl, plovers@gn.apc.org, mallison@amnesty.org, wpaction@iol.ie, eve-vik@wxs.nl, elsham_irja@jayapura.wasantara.net.id, dtecampaign@gn.apc.org, dte@gn.apc.org

The following document has been translated in great haste because we have been
warned that tensions in West Papua are extremely high. Some sections have been
abbreviated in the interests of speed and some paragraphs were excluded
because
there appears to be something wrong in the sequence of the pages. Despite
these
problems, we are posting the rather truncated translation in view of the
urgency of the situation. TAPOL

Dialogue is needed to resolve the West Papua question
Statement by Church leaders and NGOs in West Papua

National Political Situation.

a) Regarding aspirations of an Independent Papua

The decision of Indonesia’s president, Abdurrachman Wahid to comply with the
wishes of the Papuan people to use Papua as the name of Papua land instead of
Irian Jaya and to allow the Papuan flag to be flown has been strongly
challenged by the legislature(MPR). During their session in August 2000,
legislators pressed for the name Irian Jaya to be restored and for the armed
forces (TNI) and the police to take strong measures.

There are indications that Papua has become part of the bargaining going on
between the elite in Jakarta. Anti-Gus Dur groups are using the separatism
issue in Papua to corner Gus Dur and having been forced into such a position,
Gus Dur has sought to win favour from the TNI and the police by allowing them
to handle the Papuan situation by the use of military force.

Our sources say that the police are preparing to conduct a Rajawali operation
[the term Rajawali is the name used in Aceh for the army’s elite corps now
operating there and perpetrating many of the atrocities - TAPOL] to persuade
the people to reject the idea of an Independent Papua, as well as a Papua
Sadar (Papua Awareness) operation in anticipation of pro-Independent Papua
armed activities, and also to persuade the Papuan people ‘to support the
Unitary State of the Republic of Indonesia’. And if they don’t succeed, a
civil emergency or military emergency will be declared in Papua.

In this connection, more TNI and police troops have been arriving in Papua
since early August. (see figures below).

b) Amendment to Article 29 of the Constitution by the MPR

The proposal to amend Article 29 of the Constitution could lead to unending
conflict because this would allow the state to interfere in the religious
practices of Indonesian citizens and would open the way to religious conflict
on a national scale.

The Papuan people have a collective memory of past grave human rights
violations and see the military as state criminals who terrorise and not
as an
organ that upholds the law. They have been responsible for massacres,
disappearance, extra-judicial killings, torture, mental terror and arbitrary
detention in all parts of Papua. (Many examples of atrocities are given.)

This is why the arrival of large numbers of troops in all parts of Papua land
has stirred up deep anxiety and fear that there will be a return to the
militaristic methods of the past, especially since the troops that have been
arriving are heavily armed, wear battle dress and drive motorbikes, making a
deafening noise as they career along the streets. They are spreading terror
and
fear.

People predict that the military are determined to enforce the wishes of the
central government for the Papuan flag to be pulled down everywhere and to
force on the Papuans the idea of autonomy although it has been rejected by the
Papuan people. If this actually happens, it will lead to resistance from
people
who have joined forces in groups like the Satgas Papua, the National
Independent Army (TPN) and so on. Lives were lost over the unfurling of the
Papua flag in Timika in December 1999 and in Nabire in March 2000. The
sense of
fear is all the greater as it seems that the military personnel who have been
sent here are the very same troops that conducted the scorched earth policy in
East Timor which caused such huge loss of live and destruction of property.

This is happening at a time when pro Independent Papua actions have spread
down
to the villages, with people expressing their aspirations. In Serui, for
instance, every house has been flying the Papuan flag. In Wamena 5,ooo members
of the TPN have strongly rejected the unfurling of the red-and-white flag and
in Timika, Kelly Kwalik (OPM leader) has warned that he will burn down the
Freeport mine if no international dialogue about Papua takes place in August
2000. Strong reactions to any attempt to force flags to be pulled down are
being heard from all over the land.

There is deep concern that horizontal conflicts may erupt. This has already
happened in Fak-Fak and other places.

(A table follows which gives the number of additional troops in nine
locations.
1,381 additional TNI troops have arrived. The largest number, 651 have been
stationed in Timika (Freeport), along with 250 Brimob police forces. Most of
the army troops are from Kostrad, the army’s strategic command, and all the
1,700 newly arrived police forces are from Brimob.

c) Autonomy for Papua
Although the matter has not be discussed with the people, a law on Special
Autonomy for Irian Jaya is being considered at the current session of the
MPR..
This is certain to provoke controversy in Papua.

2. The Political situation in West Papua

a. The pressure coming from legislators to restore the name Irian Jaya and to
pull down Papuan flags is likely to be very provocative. The fact that this is
taking place at a time when additional troops are being brought in means that
the possibility for bloodshed on a large scale is highly possible.

[There appears to be a page or a section missing in the text sent by fax,
so we
will have to skip a few lines which dont appear to be in sequence with the
preceding page.]

b. In view of the social and political conditions at the national level as
well
as at the regional level, we can conclude that violent conflicts such as are
now going on in Aceh and Maluku can occur at any time. And if such conflicts
occur there is likely to an escalation of complex conflicts which may prove
difficult to halt. If this happens, a second phase of human rights violations
is likely to happen which could be far worse than anything experienced during
the New Order totalitarian regime.

RECOMMENDATIONS

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 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.

The statement is signed by
Bishop Leo Laba Ladjar for the Catholic Diocese,
Chairman of the Synod of the GKII Church of Irian Jaya, John Gobay,
Robert Korwa for the Jayapura Legal Aid Institute,
Yohanis Bonay, Director of ELSHAM,
Zadrack Wamebu, Director of of LPPMA, Empowerment of Traditional Societies in
Irian Jaya
Decky Rumaropen, Director of YPMD Irja,
Elizabeth Leisubun, for the Group of Working Women (KKW) Irja,
Yusup Saway for YAPMI, Manokwari,
Yusan Yebio, Health Network for Women in Eastern Indonesia.

+++++++++++++++++++++++++++++++++++++++++++++++
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] More than 1,000 rally at Assembly session
Date: 8/14/00 8:01:22 PM Central Daylight Time
From: admin@irja.org
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The Jakarta Post.com
National News
August 15, 2000
More than 1,000 rally at Assembly session

JAKARTA (JP): Over 1,000 people from different groups rallied on
Monday in front of the People's Consultative Assembly (MPR), voicing
various demands ranging from support for the government of President
Abdurrahman Wahid to the expulsion of the military/police faction in
the nation's highest law- making body.

It was the largest demonstration since the Assembly's Annual Session
started last week. Less than 100 people had turned up on average for
previous rallies.

No incidents were reported during the rally, expect for ensuing
heavy traffic jams on access roads to the MPR compound.

In an apparent show of force, some 700 protesters linked to the
country's largest Muslim organization Nahdlatul Ulama dominated
Monday's rally. They yelled support for Abdurrahman, or Gus Dur as
he widely known, who chaired the organization for 15 years before
elected president last year.

"Gus Dur-Mega tergusur, rakyat siap tempur (Gus Dur-Mega ousted,
people ready to fight)," a banner read.

Al Zastrouw Ng, a former close confidant of Abdurrahman, said the
protesters were simply expressing their disappointment with the
maneuvers engaged in by Assembly members.

"This is only our way of expressing our demands. We are sick and
tired of seeing the Assembly members maneuver to topple the
President," he said.

A group of Irianese stole the show during the joint rally. Wearing
traditional costumes, the Irianese, who prefer to call themselves
Papuans, thronged the gate and asked to be admitted to the Assembly
compound.

They said they wished to deliver their demands directly to Assembly
members. But no members appeared saying that the Annual Session had
not slated a discussion on Irian Jaya's problems.

Other groups of protesters consisted mainly of students, including
the Greater Jakarta Students Council (DMJ), the Jakarta Union of
Youth and Students (SPPJ), and the Indonesian Association of Muslim
Students (PMII).

The students tried to force their way into the MPR compound, but
dozens of police personnel kept them at bay. The dejected protesters
battered the entrance gate, while chanting "revolution to the
death."

Police officers took the precaution of lying down a line of barbed
wire in case the protesters managed to break through and enter the
MPR grounds. Several officers were seen carrying tear gas launchers.

Despite their different agendas, there were no clashes between the
protesters groups because as each of them gave sufficient time to
others to air their aspirations. (nvn)

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] Freedom/Flag Issue (2 Articles)
Date: 8/14/00 8:01:30 PM Central Daylight Time
From: admin@irja.org
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South China Morning Post
Comment
Published on Sunday, August 13, 2000
Fight for dream of freedom
Vaudine England in Irian Jaya

“You can't call the Papuan tribes out to war and then tell them the
fight is off." This is a succinct warning from one who grew up with
the highland tribes of central Irian Jaya about the possibility of a
battle on Indonesia's eastern-most territory.

The residents of Irian Jaya - called that by Indonesia, but referred
to as Papua or West Papua by the residents, who call themselves
Papuans - are trying to negotiate a long-held dream of independence.
But after a year in which expectations have been raised dramatically
around a dream of freedom, the danger now lies in the disappointment
which will follow when Papuans finally realise how little anyone
beyond their shores cares.

Almost daily incidents of aggression - from flag-raising ceremonies,
neighbourhood fights escalating into political conflicts, growing
antipathy between Irianese and the savvy business migrants from
Sulawesi or Java, the dramatic assertiveness of the pro- and
anti-independence militia, vicious reactions by police or troops -
provide an increasingly explosive backdrop to the overt struggle of
almost two million people on a vast, rich land mass of 421,981
square kilometres in pursuit of their dream of independence.

That dream predates the era of free expression ushered in by the
fall of former president Suharto in May 1998. Under Dutch rule until
1962, United States-led pressure against any continued colonialism
forced them to cede control to a United Nations administration,
which would turn it over to Indonesia by May 1963. By 1969, the UN
oversaw the so-called Act of Free Choice which formally made Irian
Jaya Indonesia's 26th province.

Since then the dream has become more fevered, sparked into open
defiance of Indonesian rule by the erosion of central authority and
a palpable sense of native pride.

Whereas the march to independence in neighbouring Papua New Guinea
succeeded in 1975, the linguistically and culturally diverse
hundreds of tribes in Irian Jaya were subjected to brutal repression
in incidents which village elders recall to this day.

Add this to economic marginalisation, lack of education and the
patronising tone of Javanese bureaucrats - and the huge distance
between Irian Jaya and the rest of Indonesia which allows other
citizens of the country to ignore them - and all the ingredients of
a major mess are here.

"Yes there is a lot of military around here," says an Irianese
driver at Sentani airport, near the capital, Jayapura. "For us
Papuans, we have no problem with them. But they make problems with
us, many problems. Of course we want independence. Not immediately,
in two or three years maybe."

His words are typical. Any visitor to Irian Jaya will hear the
deep-seated belief that the people of Irian Jaya demand and deserve
freedom.

This belief - more than even the endless vistas of raw resource
wealth and uninterrupted green seen on the seven-hour journey from
Jakarta - marks out the vast chasm between Irian Jaya and Java,
regarded as the centre of Indonesia and the province housing
Jakarta. This gap is reinforced by daunting geography and the
cultural differences between the smaller Malay peoples of central
Indonesia, and the dark, curly-haired Melanesians of Irian Jaya.

Of critical importance to the future cohesion of the Indonesian
state is the question of whether that gap can be bridged. And at the
back of everyone's mind is the frightening precedent set in East
Timor last year, when a UN-run ballot demanded and achieved
independence, but at the cost of thousands of lives.

"We are leading up to an East Timor-type situation now," said John
Rumbiak, of the Institute for the Study and Advocacy of Human
Rights, in Abepura, Irian Jaya. "There seems to be a deliberate
process of tension development. Each incident raises many
questions - who is paying people? Who is buying the uniforms for the
[militia]? Why are the police allowing such an increase in unlawful
acts?"

Just as frightening is the precedent being set in the nearby Maluku
Islands, where Jakarta has knowingly allowed a seething communal war
to claim at least 4,000 Muslim and Christian lives over 1.5 years of
mutual slaughter.

"Psychologically, the way things are happening, there is a massive
potential for conflicts spreading [to Irian Jaya], and there's a
feeling of a common enemy - that's why Papuans are uniting," Mr
Rumbiak said.

"That's also why it is so very, very important to have international
troops sent to the Malukus, to stop the conflict and stop it
spreading. It could be another East Timor, or another Ambon."

For a positive outcome which forsakes armed conflict for a
negotiated settlement with Jakarta, some Irianese and observers
point to President Abdurrahman Wahid's private meetings with Papuan
leaders, and those leaders' efforts on the diplomatic stage.

In June, about 3,000 Irianese, some wearing no more than a penis
gourd, descended on Jayapura for the first Papuan Congress. It was a
bold and stirring event.

Mr Wahid backed out of appearing when the mood of the Irianese
became clear. The delegates supported a statement of independence,
howls of "treason!" were heard back in Jakarta, and desultory
efforts made to question and arrest the "trouble-makers".

But the pro-independence group has worked harder than that. A
congress in June formed a leadership council called the Papua
Presidium to represent the aspirations of the independence movement
to Jakarta and the rest of the world.

"We have a strategy," said Reverend Herman Awom, a Protestant church
leader and moderator of the Presidium. "At the congress we
established our principles, coming from the people of Papua, and we
established a leadership which everyone can now deal with.

"Our next stage, which you are seeing just now, is the peaceful
diplomacy. We want to have good relations with Indonesia, Holland
and the United States. We are talking with them all about the New
York Agreement of 1962 [which saw Holland transfer the territory to
interim UN rule]."

This strategy is a far cry from the earlier decades of armed
resistance, including hostage-takings, conducted by the Organisasi
Papua Merdeka (Free Papua Movement, or OPM). OPM guerillas continue
to wage low-level warfare from bases near the border with Papua New
Guinea, but the new politics lie elsewhere.

"We want to point out that we want true self determination. We want
a referendum in which one man has one vote. We want dialogue and
consensus," said Mr Awom. The backdrop is the deeply flawed Act of
Free Choice. UN sources admit the act was a sham, but say there is
no precedent for the international body to go back on something
already signed and sealed.

Rights activists also worry about the composition of the Presidium,
and wonder who is representing whom. The leader, Theys Eluay, was
part of the former ruling Golkar party, and his right-hand man
Yorris Raweyai, is a famous thug and leader of Golkar's Pemuda
Pancasila operation.

"That's why I'm so critical of the Presidium," Mr Rumbiak said.
"What do they mean by a people's struggle? This is so dangerous."

So far the government has given little official response to the
demands from Irian Jaya, which is also the site of one of the
world's largest gold and copper mines, Freeport.

"It's the same old head in the sand technique," a development worker
said. "They'll ignore it all until it's totally out of control and
then cobble together the usual ineffectual compromise which will
satisfy no one."

Mr Wahid's private talks have been with key men in the Papuan
leadership: Mr Eluay, Willie Mandowen and Thomas Beanal. Insiders
say the goal is to find a "middle way" between outright independence
and direct Jakarta rule.

Versions of autonomy are being tossed about, while Mr Wahid juggles
the one-state nationalism of his armed forces and government, with
his presumed personal desire for a peaceful compromise.

"We trust him, he understands us," Mr Awom said. "But he's not
strong enough in government. He is up against the military and we
know about their techniques. They have the same strategy, the same
mindset, as always. You can see it in Aceh, in Ambon, in East Timor
and Irian Jaya. The [Indonesian Defence Forces] are still strong.

"But in Irian Jaya we hope it could be made to happen differently.
Our people are united. [Jakarta] will try to divide us but it won't
manage. The main thing is that all Papuans want independence and
this feeling is very strong, the aspiration is very strong," he
said.

"The time is past for one Indonesian state."

However, lined up against the passionate ideals of some independence
leaders, is the harsh logic of that Indonesian state. The wealth and
geopolitical significance of the state, and Mr Wahid's active
diplomacy of his own while abroad, means no large nation will
support the Papuan struggle.

"We tell them there's no way," a Western diplomat said. "We say they
should bargain hard for a good deal, not independence."

Of more immediate significance is the intensifying aggression from
both sides of the divide - between the pro-independence militia
Satgas Papua, and the pro-integration groups led by undercover
security officials and another militia group, the Satgas Merah
Putih, after the red and white of the Indonesian flag.

Could there be a rerun of the East Timor situation in which the
shadowy military and old Suharto forces are stoking both sides of a
conflict to justify a vicious crackdown?

The answer from activists, politicians and many Papuans is a
resounding yes. The only question is when.
-- Vaudine England (vaudine@scmp.com) is the Post's Jakarta
correspondent.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
South China Morning Post
Comment
Published on Sunday, August 13, 2000
Symbolic ritual flagged for trouble
Vaudine England

AT dawn and sunset on the main street in Jayapura, capital of Irian
Jaya, a disciplined exercise in one-upmanship takes place as the
flag of Indonesia is raised and lowered alongside the Papuan
"Morning Star" independence flag. As if by chance, there are
significant moments when only the Papuan flag is flying, just around
the corner from a police post which has yet to intervene.

The ritual, which takes about 20 minutes from start to finish, shows
the uneasy or deliberately obtuse standoff now existing between
advocates of independence for Irian Jaya, and the state which claims
sovereignty over the vast, rich land.

In charge of events are a handful of black-clad militia, the Satgas
Papua, who first halt the busy traffic streaming through the
administrative capital. Normally assertive drivers wait patiently,
at a signal from one Satgas Papua member standing in the middle of
the road.

Three women members of the militia form a front line of marching
steps in front of the two flag poles. In a large circle across the
street, other Satgas members stand to attention.

First, the Papuan flag, which bears a coincidental similarity to
that of Cuba, is raised. Satgas members salute solemnly. As the
Indonesian flag is being raised alongside, they stand more at ease.

About an hour later, groups of Indonesian soldiers and policemen are
jogging around the same street for their early morning exercise.
They ignore the combination of flags and concentrate instead on
flexing muscles and shouting songs as they go by, in an effort to
show who is truly boss.

At sunset, the ritual has more marked attributes.

According to current instructions from Jakarta, Papuans are allowed
to raise one of their flags per district in the province, so long as
it is slightly smaller and hangs slightly lower than the Indonesian
flag.

Happily for pro-independence followers, these two flag poles on
Jalan Irian in Jayapura are the same height. Thus, as the traffic is
brought to a halt, and a regular crowd gathers to watch in sympathy,
it is the Indonesian flag which is lowered first, by the women.

Then the Papuan flag is raised by men to the full height of its
pole, allowing several minutes of public appreciation of the sight
of only the Papuan flag flying at full strength.

This ritual is drawn out for as long as politely possible. Satgas
members maintain their reverential salute while passers-by stand
still to join in.

The marching routine, the uniforms, the solemnity and public support
suggest that central government efforts to roll back recent
concessions on flag raising will run into trouble. It also mirrors
the long-standing importance of flags to the Papuans. Back when the
Dutch colonialists were being forced out, Papuans hung the Dutch
tricolour flag upside down. Once the Papuan flag was designed, it
took on mystical importance.

"It was believed that the flying of flags bearing the star would
attract supernatural help for the struggle against foreign mortals.
The belief has continued to the present day, with flag raisings
being the commonest form of non-violent protest against Indonesian
rule," wrote Robin Osborne in Indonesia's Secret War - The Guerilla
Struggle In Irian Jaya.

The most bizarre recent example of Papuan flag politics was the
crowded drama inside Jayapura's port compound, when Satgas Papua
members were refusing entry to refugees from the war-stricken Maluku
Islands. The Indonesian military, naval and police commanders, along
with dogs, soldiers and riot troops, were in orderly lines, along
with Satgas Papua men and women in uniform. Flying directly above
the heads of Jakarta's "Brimob", the feared riot police, was a large
Morning Star flag.

Indonesian President Abdurrahman Wahid says such flag raising is
allowed until Jakarta's special session of parliament comes to an
end on August 18, but after that, it will be forbidden. Several
bloody incidents have already occurred, however, in which local
police have found themselves unable to stomach the open defiance.

Papuans have been shot at attempted flag raisings recently at a
range of locations. In one neighbourhood just outside Jayapura,
police chose simply to cut down the two metal flag poles in front of
a car showroom, rather than see the flag ritual played out.

If implemented, Mr Wahid's decision will create more violence, and
leave a symbolically important gap in many Papuans' days, opening up
new chances for conflict.

In the meantime, on pavements where street-traders are setting up
stalls for the evening rush, Papuan flags are on sale, and on
display. A remarkable variety of permutations is on show: flags
incorporated into crucifixes for the largely Christian populace,
flags to attach to car aerials, flags to sew on bags or T-shirts,
even flags small enough to stick on to mobile phone cases or pens.

Slum shacks on the waterfront show miniature flags above their
doors. And even cars carrying Indonesian government number plates
can be seen flying the flag on their radio aerials.

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] Latitude with Papua worries Jakarta
Date: 8/13/00 7:23:27 PM Central Daylight Time
From: admin@irja.org
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The Australian
Latitude with Papua worries Jakarta
From Don Greenlees in Jakarta
14aug00

A MAP and two words in Australia's recent Green Paper on defence and
strategic policy are rankling some Indonesian ministers, military
commanders and foreign policy bureaucrats still smarting over the
loss of East Timor.

Underscoring the increased sensitivity in Indonesia to Australia's
defence posture, senior government and military figures have
expressed concern over a map of South-East Asia that identifies only
one of Indonesia's 27 provinces by name - West Papua.

Amid worries over separatism and scaremongering over what
Australia's attitude would be to an independent Papua, some
ministers have gone as far as raising the matter with President
Abdurrahman Wahid, although he urged them to "calm down".

But one senior minister told The Australian: "It hurt us very much
... it's a problem."

Deputy armed forces commander General Fachrul Razi also voiced
objections to the depiction of West Papua as an area of potential
strategic concern during meetings with Australian officials soon
after the green paper was published in June. Australia has gone to
some lengths to explain the green paper and reduce risks of
misunderstandings with Indonesia. Two senior defence officials came
to Jakarta to give briefings to the Defence Minister, Juwono
Sudarsono, and commanders.

The effort was largely successful, with Mr Sudarsono publicly
declaring he was relaxed about Australia's intentions to replace and
upgrade its main combat platforms, including surface ships and
aircraft.

There are some concerns that Mr Sudarsono, who recently suffered a
stroke, could soon be replaced by a minister less pragmatic about
Australian defence policy.

Foreign Ministry bureaucrats have also picked up on words in the
90-page document describing the direction of a potential attack on
Australia. It says hostile forces would have to come "from or
through" Indonesia or the islands of the South-West Pacific.

Although this type of language has been used in policy documents
since the mid-1980s, some foreign policy figures have tried to
reopen the issue on the grounds it reflects a suspicion of
Indonesia. Sources said the Foreign Ministry had raised it in a
brief.

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] ACEH, IRIAN JAYA TO BE GIVEN SPECIAL AUTONOMY STATUS
Date: 8/13/00 1:05:51 AM Central Daylight Time
From: iris@matra.com.au (Anne Noonan)
Reply-to: iris@matra.com.au
To: WestPapua@topica.com

From AWPA

ACEH, IRIAN JAYA TO BE GIVEN SPECIAL AUTONOMY STATUS
Sunday, August 13, 2000/1:18:26 AM

Jakarta, Aug 13 (ANTARA) - A member of the Social Group Faction (FUG) in

the ongoing
People`s Consultative Assembly (MPR) session here Saturday confirmed
that the provinces
of Aceh and Irian Jaya will have special autonomy status under Law
No.22/1999 on regional autonomy. "It is certain that both provinces will

obtain special autonomy status. Other provinces such as Riau and East
Kalimantan, however, will not," said Feisal Tamin, a FUG member who is
vice chairman of the MPR`s Commission B.

Certainty that Aceh and Irian Jaya would get special autonomy status was

obtained in discussions in a Sub-commission of Commission B which took
place from 10.00 a.m. to12.30 p.m. Saturday.
One of the topics taken up by the sub-commission was implementation of
the Law on Regional Autonomy. Other matters on the sub-commission`s
agenda were draft decrees on solidifying national unity and integrity,
and on the MPR`s rules of procedure. Tamin said the sub-commission had
also touched on the possibility of also giving special autonomy status
to Riau and East Kalimantan.

Those in favour of extending special autonomy status to Riau and East
Kalimantan cited as reason that they were regions rich in natural
resources and thus needed to be empowered to develop these resources.
The two provinces also felt that they had so far been "castrated" by the

central government and thus rendered uncapable of developing themselves
fully.

But Yoseph Umarhadi, Commission B member from the Indonesian Democratic
Party-Struggle (PDI-P), said his faction rejected the idea of giving
special autonomy status to Riau and East Kalimantan. Tamin further said
the second sub-commission of Commission B had decided not to talk about
drafting a decree requiring the MPR to deliver periodic accountability
reports. The
topic had stirred much attention among MPR members in the past two days.

"The session of the second sub-commission of Commission B has agreed not

to discuss the proposal for a draft decree on the need for MPR
accountability reports," Tamin added.

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

___________________________________________________________
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=======================================================

Subj: SCMP report from West Papua: Symbolic ritual flagged for trouble
Date: 8/14/00 2:27:37 AM Central Daylight Time
From: tapol@gn.apc.org (TAPOL)
To: westpapua@topica.com, indonesia-act@igc.apc.org
CC: slliem@xs4all.nl, plovers@gn.apc.org, taylorjb@vax.sbu.ac.uk

Received from Joyo Indonesian News

South China Morning Post
Sunday, August 13, 2000

Comment

Symbolic ritual flagged for trouble

Photo: Flag down: Papuans take comfort in the ceremonial raising of their
"Morning Star" flag, but Indonesia says the politically charged ritual must
cease after August 18. Picture by Kees Metselaar

By VAUDINE ENGLAND

AT dawn and sunset on the main street in Jayapura, capital of Irian Jaya, a
disciplined exercise in one-upmanship takes place as the flag of Indonesia is
raised and lowered alongside the Papuan "Morning Star" independence flag. As
if by chance, there are significant moments when only the Papuan flag is
flying, just around the corner from a police post which has yet to intervene.

The ritual, which takes about 20 minutes from start to finish, shows the
uneasy or deliberately obtuse standoff now existing between advocates of
independence for Irian Jaya, and the state which claims sovereignty over the
vast, rich land.

In charge of events are a handful of black-clad militia, the Satgas Papua,
who first halt the busy traffic streaming through the administrative capital.
Normally assertive drivers wait patiently, at a signal from one Satgas Papua
member standing in the middle of the road.

Three women members of the militia form a front line of marching steps in
front of the two flag poles. In a large circle across the street, other
Satgas members stand to attention.

First, the Papuan flag, which bears a coincidental similarity to that of
Cuba, is raised. Satgas members salute solemnly. As the Indonesian flag is
being raised alongside, they stand more at ease.

About an hour later, groups of Indonesian soldiers and policemen are jogging
around the same street for their early morning exercise. They ignore the
combination of flags and concentrate instead on flexing muscles and shouting
songs as they go by, in an effort to show who is truly boss.

At sunset, the ritual has more marked attributes.

According to current instructions from Jakarta, Papuans are allowed to raise
one of their flags per district in the province, so long as it is slightly
smaller and hangs slightly lower than the Indonesian flag.

Happily for pro-independence followers, these two flag poles on Jalan Irian
in Jayapura are the same height. Thus, as the traffic is brought to a halt,
and a regular crowd gathers to watch in sympathy, it is the Indonesian flag
which is lowered first, by the women.

Then the Papuan flag is raised by men to the full height of its pole,
allowing several minutes of public appreciation of the sight of only the
Papuan flag flying at full strength.

This ritual is drawn out for as long as politely possible. Satgas members
maintain their reverential salute while passers-by stand still to join in.

The marching routine, the uniforms, the solemnity and public support suggest
that central government efforts to roll back recent concessions on flag
raising will run into trouble. It also mirrors the long-standing importance
of flags to the Papuans. Back when the Dutch colonialists were being forced
out, Papuans hung the Dutch tricolour flag upside down. Once the Papuan flag
was designed, it took on mystical importance.

"It was believed that the flying of flags bearing the star would attract
supernatural help for the struggle against foreign mortals. The belief has
continued to the present day, with flag raisings being the commonest form of
non-violent protest against Indonesian rule," wrote Robin Osborne in
Indonesia's Secret War - The Guerilla Struggle In Irian Jaya.

The most bizarre recent example of Papuan flag politics was the crowded drama
inside Jayapura's port compound, when Satgas Papua members were refusing
entry to refugees from the war-stricken Maluku Islands. The Indonesian
military, naval and police commanders, along with dogs, soldiers and riot
troops, were in orderly lines, along with Satgas Papua men and women in
uniform. Flying directly above the heads of Jakarta's "Brimob", the feared
riot police, was a large Morning Star flag.

Indonesian President Abdurrahman Wahid says such flag raising is allowed
until Jakarta's special session of parliament comes to an end on August 18,
but after that, it will be forbidden. Several bloody incidents have already
occurred, however, in which local police have found themselves unable to
stomach the open defiance.

Papuans have been shot at attempted flag raisings recently at a range of
locations. In one neighbourhood just outside Jayapura, police chose simply to
cut down the two metal flag poles in front of a car showroom, rather than see
the flag ritual played out.

If implemented, Mr Wahid's decision will create more violence, and leave a
symbolically important gap in many Papuans' days, opening up new chances for
conflict.

In the meantime, on pavements where street-traders are setting up stalls for
the evening rush, Papuan flags are on sale, and on display. A remarkable
variety of permutations is on show: flags incorporated into crucifixes for
the largely Christian populace, flags to attach to car aerials, flags to sew
on bags or T-shirts, even flags small enough to stick on to mobile phone
cases or pens.

Slum shacks on the waterfront show miniature flags above their doors. And
even cars carrying Indonesian government number plates can be seen flying the
flag on their radio aerials.

+++++++++++++++++++++++++++++++++++++++++++++++
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] Earthquakes Jolt Indonesia
Date: 8/13/00 7:23:21 PM Central Daylight Time
From: admin@irja.org
Sender: owner-kabar-irian@irja.org
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Earthquakes Jolt Indonesia
The Associated Press, Sun 13 Aug 2000
JAKARTA, Indonesia (AP)

Two undersea earthquakes jolted Indonesia's western and eastern
regions, the Meteorology and Geophysics Agency said Sunday.

There were no reports of damage or casualties from the tremors that
hit the towns of Bandar Lampung on Sumatra Island and Timika in West
Papua on Saturday, said Tanto Widianto, an agency official.

The first quake with a magnitude of 5 struck Bandar Lampung, about
200 miles northwest of Jakarta at 4:47 p.m., Widianto said.

He added that the quake was centered under the seabed, about 30
miles southwest of Banda Lampung.

Just 39 minutes later, the second quake, registering a magnitude of
5.1, hit Timika near the U.S.-owned Grasberg mine, the world's
largest copper and gold mine, on the sparsely populated western half
of New Guinea island.

The second quake also occurred beneath the seabed, 30 miles
southwest of Timika, Widianto said.

Indonesia is prone to the seismic upheaval because of its location
on the Pacific ``Ring of Fire'' — a line of volcanically active
areas stretching from the western coast of the Americas across to
Japan, Southeast Asia and the South Pacific.
-- Copyright 2000 Associated Press. All rights reserved.

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

Subj: KABAR-IRIAN: [EN] Recognition of rights of tribal people necessary
Date: 8/11/00 5:07:03 PM Central Standard Time
From: admin@irja.org
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The Jakarta Post.com
National News
August 12, 2000
Recognition of rights of tribal people necessary

JAKARTA (JP): Legislators argued on Friday constitutional
recognition of the rights of tribal lands was necessary, despite the
technical complications such an amendment could cause.

Slamet Effendy Yusuf of the Golkar Party faction and Yusuf Muhammad
of the National Awakening (PKB) faction urged caution, saying the
technical implementation of such an article would create
controversy.

Slamet conceded that granting such rights would cause confusion and
disrupt some economic activity, particularly with forest and mining
concessions.

"Most of the uninhabited land in the country is traditionally owned
by local tribes. If they are granted such rights, it means all
timber and mining firms could be stopped from operating," Slamet
told The Jakarta Post on Friday.

He admitted the amendments currently being debated did not
adequately guarantee the rights of local tribes but, on the other
hand, there also were some people who considered the amendments as
going too far toward etatism.

A working committee of the People's Consultative Assembly has
proposed an addition to the draft Article 28 on human rights which
would help protect traditional societal cultural identities,
including the rights of the lands traditionally owned by local
tribes.

The constitutional recognition of such rights could imply local
tribes who are the acknowledged traditional occupants of the land
could suspend economic activity on their land.

Some people, however, believe the amendments do not go far enough.

A coalition of non-governmental organizations considers the new
articles ambiguous and weak, saying they fail to state clearly how
the state will protect tribal rights.

Slamet remarked there was a danger these rights could bring local
tribes into direct confrontation with the state, which also has the
right to manage the nation's natural resources.

"The important thing is we have to establish an equilibrium between
the state, the private sector and society," he said.

Yusuf Muhammad also recognized the potential for conflict. However,
he contended it was more important now to focus on the fundamental
issue of the recognition of tribal rights and not get bogged down in
the technicalities which may later arise.

"I believe everybody agrees that we need to include the article, but
let's talk about the constitutional recognition first because the
technical application may create controversy in the future," Yusuf
said.

Another legislator, Nursyahbani Katjasungkana, said the article
should include the stipulation that the implementation of the
article be regulated by a law.

"We should add that term to provide a stronger implementation of the
article. However, constitutional recognition is very important," she
said. (nvn/dja)

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

Subj: Australian Labour Party resolution on W Papua
Date: 8/11/00 3:16:43 PM Central Standard Time
From: tapol@gn.apc.org (TAPOL)
To: tapol@gn.apc.org

This is the resolution on West Papua from the Australian Labor Party's
National Conference held this month.

West Papua
Labor expresses its concern about the situation in the Indonesian
Province of West Papua. Labor hopes that current discussions and
negotiations between the Indonesian Government and West Papuan leaders
will achieve a mutually satisfactory resolution of the status of the
Province and thereby reducing the risk of further conflict and
violence.
Labor condemns all human rights abuses in West Papua. We welcome the
decision of the Indonesian Government to investigate human rights
abuses in the Province. Labor considers the full and transparent
investigation and the bringing to justice of those responsible, to be
key elements in the achievement of a just and enduring political
settlement in West Papua.
Labor expresses concern about reports of the formation of militias in
West Papua and calls on the Federal Government to make clear
Australia's strong concern about the danger of further violence in
West Papua.
Labor supports the right of the people of West Papua to develop their
own distinctive culture and institutions and expresses its concern
about government and commercial activities such as unrestrained
logging, mining, transmigration and expropriation of lands that have
impacted negatively on local communities.
Labor urges the Federal Government to ensure that Australian companies
conducting operations in West Papua fully respect the rights and
traditions of local communities and develop and observe appropriate
codes of conduct.
Labor urges the Federal Government, through our foreign aid program,
to provide appropriate assistance to local communities to support
sustainable development in West Papua.
Labor urges the Indonesian Government to respond to concerns regarding
conditions in West Papua by allowing unhindered access by independent
media and by humanitarian and human rights organisations. Labor
further renews its call on the Federal Government to seek the
agreement of the Indonesian Government to allow a Parliamentary
Delegation to visit West Papua to observe the situation and needs of
the West Papuan people first hand.

__________________________________________________________________
Get your free Australian email account at http://www.start.com.au

___________________________________________________________
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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
++++++++++++++++++++++++++++++++++++++++++++++++

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

Subj: KABAR-IRIAN: [EN] Indonesia to Ban New Plywood And Sawmills Except on
Date: 8/11/00 5:07:01 PM Central Standard Time
From: admin@irja.org
To: kabar-irian@irja.org

Irian Jaya
Sender: owner-kabar-irian@irja.org
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Friday, August 11 4:53 PM SGT
Indonesia to Ban New Plywood And Sawmills Except on Irian Jaya
JAKARTA, Aug 11 Asia Pulse

Indonesia has decided to ban the construction of new plywood
factories and saw mills island expect Irian Jaya (Papua).

In tandem with stricter log export limits, the policy is aimed at
stemming the current log shortage in the country and the extreme
degradation of the country's virgin forests, said Hidayatullah
Suralaga, a senior official at the office of the state minister for
investment, said.

Suralaga said that investors could still build sawmills outside
Papua but that they may not use logs from natural forests.

He said the regulation also imposed restrictions on the pulp
industry. New pulp factories could be built but they have to use
imported chip as raw material or wood from man-made forests or
industrial timber estates (HTI).
-- (ANTARA)

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Subj: KABAR-IRIAN: [EN] Troops Deployed to Irian Jaya (2 articles)
Date: 8/10/00 6:27:26 PM Central Daylight Time
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From: Charles Scheiner

forwarded from: "Jacob Rumbiak"
Date: Wed, 09 Aug 2000 23:45:00 GMT

ATTENTION.

1. I received an urgent phone call at 3am this morning, in Biak
language, not Indonesia language, from the chairman of ELSADAY PAPUA
INDONESIA CHURCH (Christian) that 500 KOSTRAD (Land Command
Strategic Troops) were yesterday deployed to each of the thirteen
regencies (i.e., 6,500 troops). People are now too afraid to go to
their gardens. The troops were deployed six hours after MPR RI
(Provisional Peoples Consultative of Indonesia Republic) decision on
8 August to reject West Papuan Congress demands for independence,
and instead to grant autonomy to Aceh and West Papua.

2. On Tuesday 8 August 2000, it was reported in the Sydney Morning
Herald newspaper, that Indonesian government representatives have
been asked why Indonesian passports were found in the Philippine
Muslim hostage camp.

I interpret these two events as follows: President Wahid said before
West Papua National Congress (in Jayapura in 29 May to 4 June 2000)
that dialogue for independence is OK. But if guns are involved, than
the Indonesian government will not compromise and must respond face
to face with violence. The OPM (the Free Papua Movement) Defence
Department has no knowledge of the considerable number of new
weapons now in West Papua. The Indonesian military government is
bringing these guns from overseas to provoke West Papuans,
especially the guerillas, into responding.

3. President Wahid needs to answer for these new actions, but, more
importantly, representatives of the Indonesian government,
especially those who are about to take control of Indonesia's
'internal' affairs.

WEST PAPUA REQUESTS DIRECT INTERVENTION BY A UNITED NATIONS-LED
SECURITY FORCE.

West Papuans urgently request international institutes, 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 Papuan 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.

Yours sincerely

Jacob Rumbiak
For the people of West Papua
***********************************************************
Charles Scheiner
National Coordinator, East Timor Action Network/US
P.O. Box 1182, White Plains, New York 10602 USA
Telephone:1-914-428-7299; fax:1-914-428-7383 cell:1-914-720-9205
charlie@etan.org PGP key available on request.
Check out ETAN's web site: http://www.etan.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Megawati bad news for Papua independence hope, activist says
SYDNEY, Aug. 10 (Kyodo)
By: Jackie Woods

A transfer of power in Indonesia which will see Vice President
Megawati Sukarnoputri handle the bulk of domestic affairs will
exacerbate the already tense situation in Papua, a leading
independence activist said Thursday.

A large buildup of troops over the last two days in the province,
formerly Irian Jaya on the Indonesian side of New Guinea, is also of
serious concern, said Otto Ondawame, Australian-based international
spokesman for the Free Papua Movement (OPM).

Ondawame said Megawati's strong nationalist policies combined with
her close ties to the Indonesian military are likely to result in a
severe crackdown on the Papuan independence movement.

''Megawati is a new face but...she is even more nationalistic and
more intolerant than (President Abdurrahman) Wahid,'' Ondawame said
in an interview with Kyodo News.

Wahid announced Wednesday that in a wide-ranging government shake-up
he will hand much of the responsibility for domestic affairs to
Megawati while maintaining a figurehead role and responsibility for
international affairs for himself.

Ondawame, one of 31 members of the West Papuan National Council
responsible for negotiating with the Indonesian government, said
that despite Megawati's background as a popular opposition figure to
former President Suharto she does not have strong democratic
credentials and since joining government has forged close ties with
the former Suharto party Golkar and with the military.

''She actually was against Golkar before but now the military and
Golkar and Megawati are hand in hand to restore the militarization
in Indonesia. She's just a puppet for the others,'' Ondawame said.

He added a reported buildup of troops in Papua since Tuesday is an
ominous development that could signal the beginning of a dramatic
increase in violence.

Jacob Rumbiak, a Papuan academic living in Melbourne, said in a
statement he had received a call early Wednesday morning from a
church source in the western part of the province saying 6,500
special forces troops were deployed Tuesday across all of Papua's 13
regencies.

The deployment came just hours after the Indonesian People's
Consultative Assembly (MPR) decided Tuesday to reject Papua's
demands for independence and instead grant some autonomy, Rumbiak
said.

Ondawame described the current security situation in Papua as
''very, very serious.''

Adding to the instability are a proliferation of East Timor-style
pro-Jakarta militias and an increase in hard-line Islamic activists
arriving via the troubled Maluku Islands to inflame tensions between
local Christians and Muslim settlers from other Indonesian islands,
he said.

Ondawame estimated there are between 5,000 and 7,000 people
operating in militias trained and armed by the Indonesian military.

Indonesia has shown it is willing to use any means to crush
independence and without international intervention the situation
could deteriorate into a civil war, he warned.

KABAR IRIAN ("Irian News") www.kabar-irian.com
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Subj: KABAR-IRIAN: [EN] Factions agree on regional autonomy decree
Date: 8/10/00 6:27:47 PM Central Daylight Time
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The Jakarta Post.com
National News
August 11, 2000
Factions agree on regional autonomy decree

JAKARTA (JP): All 11 factions at the People's Consultative Assembly
were united on Thursday in support of a draft decree on regional
autonomy, but warned of an increased tendency toward regionalism.

During a plenary session to give feedback to draft decrees presented
by Assembly ad hoc committees, the factions also supported the
government's plan to implement a special autonomy status in the
volatile but natural resource-rich provinces of Aceh and Irian Jaya
this year.

In its general view, the Indonesian Democratic Party of Struggle
(PDI Perjuangan) faction stated regional autonomy should be
implemented under the framework of the unitary state of Indonesia.

"Autonomy should avoid the emergence of narrow regionalism and an
absence of solidarity between people of different regions. It should
develop pluralism within the unitary state," the faction said in its
statement read by spokesman Yoseph Umarhadi.

Yoseph said the faction hoped the implementation of regional
autonomy would be followed by democratization in individual regions
to prevent the rise of "little kings" in the regions.

He said his faction believed centralized and uniform policies
adopted by the regime of former president Soeharto caused the death
of democracy and regional initiative.

"Centralization and uniformity have sparked strong demands from the
regions for federalism. Many regions want to secede and proclaim
their own states," Yoseph said.

Therefore, he said, a decree on regional autonomy issued by the
country's highest legislative body, the Assembly, was necessary and
unavoidable.

The Golkar Party faction said regional autonomy should be considered
as the delegation of authority from the central government to local
administrations.

"Regional autonomy is not charity from the central government. It's
a division of authority," the faction said in its statement, read by
Hajriyanto Y. Thohari.

The United Development Party (PPP) faction said Article 8 of the
draft decree, which states the central government will grant
autonomy to the regions, needed to be reworded.

"The article could be misinterpreted as charity from the central
government to local administrations," the faction's spokesman,
Zainuddin Isman, said.

The article should say the local administrations possess
wide-ranging autonomy, excluding authority in certain areas,
Zainuddin said.

The Reform faction said the decree was necessary because laws and
regulations endorsed in the past were unable to create regional
autonomy.

"The decree is expected to motivate the executive branch to show its
political ability to apply regional autonomy," the faction's
spokeswoman, Zirlyrosa Jamil, said.

The National Awakening Party (PKB), the Crescent Star Party (PBB)
and a number of other minor factions expressed similar support for
the Assembly to issue a decree on regional autonomy.

If the plan goes as expected regional autonomy will take effect on
Jan. 1 next year. (jun)

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Subj: KABAR-IRIAN: [EN] Instability hampers mining industry
Date: 8/10/00 6:27:52 PM Central Daylight Time
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The Jakarta Post.com
Editorial and Opinion
August 11, 2000
Instability hampers mining industry
By Adjat Sudradjat

BANDUNG (JP): In Indonesia's transition period, the mining industry
has suffered much. This is largely because of uncertainty in the
investment climate while the mining industry requires an intensive
amount of capital. Investors seem to be waiting for things to get
better before they start new explorations.

Existing mining activities are also experiencing a difficult time.
The interrupted operation of Newmont Minahasa Raya Mines in North
Sulawesi related to a lawsuit by the local government, the never
ending environmental problems of Freeport in Irian Jaya and, most
recently, a strike at the production facility of Kalimantan Prima
Coal (KPC) in East Kalimantan are examples of the hard times being
faced by mining investors.

The new policy of autonomy has also created some difficulties,
leading to worries about the future of mining operations here.

Mining in Indonesia is governed by Mining Law No. 11/1967. It
regulates mining licenses for domestic investment and contracts of
work (COWs) for foreign investors.

Under Chapter 10 of the law, the government, following consultation
with the House of Representatives, may invite foreign participation
if the government is considered incapable of developing a mining
source by itself. This particular arrangement between the government
and foreign investors, also called contractors, is known as a COW.
The contract should be approved or given the consent of the House of
Representatives.

The main differences between a mining license and a COW lies in the
scope of coverage of the activity. A license is limited to a
particular phase, such as general surveys, exploration,
construction, exploitation, transportation or marketing. This "step
by step" permit allows the government to intensively supervise or
control the miners.

The COW, on the other hand, covers the whole spectrum of activities
from the very beginning until the marketing stage. A COW also
operates under Foreign Investment Law No. 1/1967 which provides
facilities for importing materials needed to develop the mines. The
area covered in the COW is unlimited, while with mining licenses it
is 5,000 hectares at the most.

The most important clause in the COW is the lex specialis nature of
the contract, which provides legal assurances for the investor.
Given the considerable time needed to develop a mine, which in
Indonesia is eight to 15 years before production, the assurance is
highly appreciated and has become one of the most attractive aspects
for investors. The present administration has frequently expressed
their commitment to respect the COW.

The acute problem of mining activities in many developing countries
is that of illegal mining. In Indonesia, illegal miners have long
been a problem for the government and mining companies. Despite the
government's attempts, no adequate remedy has so far been found to
totally solve the problem. Illegal mining has instead increased
along with the depressing economic situation.

The most embarrassing situation for mining investors is that the
illegal miners tend to ignore the property rights of companies. They
also operate with modern and heavy equipment. In the coal sector in
South Kalimantan alone, it is estimated that more than 2 million
tons, or approximately 3 percent, of 70 million tons of national
production has been yielded by illegal mining. Illegal gold mining
in West Kalimantan, Irian Jaya, North Sulawesi and West Java have
long been targets of the government's elimination program. However,
with the present situation, the program seems to have ceased.

The other disturbing problem is the land of inhabitants.
Insufficient authentic land administration has made it hard for
companies to settle land compensation. This problem was solved
amicably in the past but now it has suddenly reoccurred. Kelian Equa
torial Mines (KEM), a gold mining company in East Kalimantan, for
instance, temporally stopped operating because of an interruption by
a group of local inhabitants demanding "additional" land
compensation.

Slightly different cases have occurred with Indomuro in Central
Kalimantan, and with Vico Oil Company in East Kalimantan. It was
reported also that Caltex Pacific Indonesia (CPI) in Riau, Sumatra,
experienced a difficult situation. Peaceful settlements have so far
been achieved thanks to the immediate and positive responses
launched by those companies.

The occupation by a small group of workers at KPC's mining site in
East Kalimantan has forced the company to fail in the fulfillment of
its delivery contract. A los of approximately Rp 3 billion of
company earnings per day was estimated. The occupation and seizure
of production facilities have, up to now, been ongoing for almost
one month. The occupants have demanded an increase in wages and
serious negotiations are underway with all parties concerned.

Regarding Freeport, the company has been engaged in all possible
ways to control and eliminate environmental damage, but their
efforts have not satisfied the environmentalists. An ore production
increase, exceeding 200,000 tons a day from the previous production
level of approximately 160,000 tons a day, has recently caught the
attention of the people. Tailing and waste materials are the main
concerns of the environmentalists. Besides, the mining site is close
to a permanent tropical ice cap covering the Cartenz Peak. It is
very difficult to prove that the mining activities have never
influenced the erosion of the glacier.

The potential problem anticipated by many mining companies in
Indonesia is the forthcoming regional autonomy. The autonomy law
stipulates the transfer of various powers to local administrations
and will be in effect by next May. While Mining Industry Regulation
No. 25/2000 states that all permits shall be transferred to the
local authority, it is not yet clear whether this means at
provincial or regency level. Mining Law No. 11/1967 must, therefore,
be modified in line with the autonomy law.

Many companies have anticipated another potential problem relating
to legal documents needed for financial arrangements with
international funding agencies. From a financial and legal point of
view, it might be rather difficult for international agencies to
recognize documents issued by a local government. The wishes of
various local governments to actively participate or to own shares
in the companies is another potential problem. The economic
potential of natural resources is undoubtedly important in helping
the country to recover from the crisis. Minerals and oil contributed
more than 54 percent to the state budget in the first half of the
1970s; this increased to more than 67 percent in the next second
half, and in the early 1980s.

Despite decreasing oil reserves, exploitation will be sustainable
for another 10 to 15 years, given estimates of the present level of
production of 1.3 millions barrel a day.

Additional reserves may be revealed should exploration be
intensified, similarly with hard minerals, such as gold, copper,
nickel, tin and coal. Coal is essential to maintain electricity
generation, particularly in Java, home to more than 70 percent of
the population and most of the industries.

Total reserves of mineable coal are estimated at 36 billion to 38
billion tons, 40 percent of which is of good enough quality to meet
the requirement of electricity generation. At the present production
level of 70 million tons of coal a year, reserves are predicted to
last for more than 300 years.

The hard minerals, distributed across 15 mineral belts, extend from
Aceh to Irian Jaya and less than 30 percent of those belts have been
carefully explored. Geological maps of suitable scale covering the
entire land area of the country have been successfully produced by
the Geological Survey of Indonesia, thus providing the basic
information for mineral exploration. Although exploration has to
compete with the expansion of industrial and reservation forests,
the remaining potential area is still vast.

The problems outlined above could be summed up in one word:
Stability. An assurance of security is absolutely needed in the
development of mining.

President director of Rio Tinto in Indonesia and vice president of
the Indonesian Mining Association Noke Kiroyan believes that the
present instability and difficult situation affecting the mining
industry is just temporary.

With better governance, peace and stability shall follow, and dawn
will be due to break. With long-term vision, important in the mining
industry, the opportunities are there.

The writer is a professor at the Geology Department of Padjadjaran
University in Bandung and a former director general of geology and
mineral resources at the Ministry of Mines and Energy.

KABAR IRIAN ("Irian News") www.kabar-irian.com
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IRIAN JAYA (WEST PAPUA, NEW GUINEA): THE QUEST FOR INDEPENDENCE-AUGUST 10, 2000 ----AUGUST 19, 2000

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

E-Mail:isssues@lykos.com

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

E-Mail:
isssues@lykos.com