[nasional_list] [ppiindia] Response to Efforts to Deny Crimes Against Humanity in West Papua

** Forum Nasional Indonesia PPI India Mailing List **
** Untuk bergabung dg Milis Nasional kunjungi: 
** Situs Milis: http://groups.yahoo.com/group/ppiindia/ **
** Beasiswa dalam negeri dan luar negeri S1 S2 S3 dan post-doctoral 
scholarship, kunjungi 
http://informasi-beasiswa.blogspot.com **Response to Efforts to Deny Crimes 
Against Humanity in West Papua



From: Ed McWilliams, Senior Foreign Service Officer (Ret.)
Date: November 2005
Re: Response to Efforts to Deny Crimes Against Humanity in West Papua



The United States-Indonesia Society (USINDO) recently published a report of its 
September 9, 2005, lecture by Col. (ret.) Don McFetridge titled, "Indonesia and 
Papua: A View from the Bird's Head." McFetridge served as a Defense Attaché at 
the U.S. Embassy in Jakarta in the mid-to-late 1990s and later worked for 
British Petroleum in West Papua. I was Political Counselor in Jakarta from 1996 
to 1999.

For transparency and historical context, it is significant to recognize that as 
defense attaché, McFetridge was a lead defender of General (ret.) Prabowo, 
son-in-law of dictator Soeharto. Prabowo stands out as among the worst human 
rights violators in a regime known for its brutality. McFetridge was a staunch 
defender of the Indonesian military, consistently denying allegations in the 
mid and late 1990s that it was guilty of human rights crimes in West Papua and 
elsewhere.

For its part, USINDO for many years unquestioningly supported the military 
regime of Soeharto and now aggressively advocates for unrestricted U.S. 
assistance to a largely unreformed Indonesian military (TNI).

The strategies employed both by senior TNI officials and their allies in the 
international community to defend the Indonesian military are, for the most 
part, not new. As in the past, when confronted with irrefutable evidence of 
abuse, current defenders of the TNI employ a scapegoat ploy whereby 
perpetrators are alleged to be "rogue," usually low-ranking, personnel. In 
reality, the Indonesian military is not plagued with rogue personnel but is 
rather a rogue institution itself, unaccountable to the courts or to the 
civilian government. For example, compelled by undeniable evidence that 
Indonesian Special Forces were responsible for what the presiding judge called 
the "torture-murder" of West Papua's top political figure Theys Eluay in 2001, 
the military produced a handful of personnel it portrayed as acting without 
orders. A senior military commander (General Ryamazad Ryacudu) publicly 
described the perpetrators as "national heroes." They received only 
three-and-one-half-year sentences.

Denial of Human Rights Abuse
As cited by USINDO, McFetridge alleges that human rights advocates have 
employed "willful misinformation" and exaggeration in describing the plight of 
Papuans. These allegations seek to obscure and deny TNI abuses thoroughly 
documented by the UN, the Allard K. Lowenstein International Human Rights 
Clinic of the Yale Law School, the Centre for Peace and Conflict Studies at the 
University of Sydney, Amnesty International, Human Rights Watch, and many other 
respected organizations and institutions. Rather than overstating a crisis, 
these reports seek to bring international attention to long-neglected 
atrocities. West Papuan human rights advocates and church leaders have many 
times -this year included - testified about these violations and petitioned for 
redress before the UN Human Rights Commission in Geneva.

Such advocacy and other public protest by West Papuans come at a price. Human 
rights defenders and others brave enough to publicly criticize the TNI have 
been tortured, murdered, physically attacked and otherwise harassed. Their 
families have been targeted, and they have been made the subject of spurious 
litigation in which TNI members sought damages for "slander" in Indonesia's 
notoriously corrupt courts.

Despite efforts by the TNI to intimidate domestic critics and impede access to 
West Papua by foreigners, and in spite of denial of abuse by its allies in the 
international community, the truth is emerging. In December 2003, Yale Law 
School published a report that addressed both the scale and seriousness of the 
situation in West Papua. It said in part:

"The Indonesian military and security forces have engaged in widespread 
violence and extrajudicial killings in West Papua. They have subjected Papuan 
men and women to acts of torture, disappearance, rape, and sexual violence, 
thus causing serious bodily and mental harm. Systematic resource exploitation, 
the destruction of Papuan resources and crops, compulsory (and often 
uncompensated) labor, transmigration schemes, and forced relocation have caused 
pervasive environmental harm to the region, undermined traditional subsistence 
practices, and led to widespread disease, malnutrition, and death among West 
Papuans..Many of these acts, individually and collectively, clearly constitute 
crimes against humanity under international law."

McFetridge concludes that claims of a death toll among Papuans of 100,000 due 
to TNI abuse are "wildly inflated," arguing that such a figure would entail 
killing ten Papuans per day since Indonesia's 1969 annexation of West Papua. 
While such a killing rate is indeed horrendous, it is unfortunately not 
extraordinary in Indonesia. The capacity of the Indonesian military to kill 
civilians en mass should not be underestimated. The military and its Islamic 
and extreme nationalist militia allies killed at least 500,000 in the three 
years following the 1965 coup d'etat that brought Soeharto to power, a figure 
seen by many as conservative. Up to 200,000 East Timorese were killed following 
Indonesia's 1975 invasion of East Timor. Given this tremendous killing 
capacity, a death toll of 100,000 is entirely consistent with the savage record 
of this institution. The murder rate was augmented in the 1970s by provision of 
OV-10 Bronco aircraft, which were employed against civilians in both East Timor 
and West Papua.

While the precise human toll of Jakarta's policies in West Papua is unknown, 
there can be no doubt that tens of thousands have died. The real number of 
Papuan deaths as a consequence of military action and government policies is 
unknowable -- principally because throughout the 42 years of Indonesian 
control, access to West Papua by journalists, human rights advocates and 
researchers has been severely constrained. Jakarta leaders maintain these 
constraints despite growing international criticism and demands for access, 
including recently from the U.S. Congress. The Indonesian government should 
lift the curtain on these four decades of abuse and allow the international 
community access to West Papua both to undertake an historical reckoning, as 
well as to address the humanitarian needs of the Papuans who still suffer under 
Jakarta's misrule.

McFetridge also cites a 2003 International Foundation for Election Systems 
(IFES) survey from which he cherry-picks data purporting to demonstrate that 
most Papuans are confident about their security. Buried in the survey's 
statistics is the revealing fact that only a very small percentage of survey 
participants could speak any Papuan language. I contended to the authors at the 
time of the survey's release, without any effective rebuttal, that the 
inability to speak any Papuan language indicated strongly that they were 
primarily people in towns - largely migrants -- to whom the surveyors had 
easiest access. Failure to distinguish between migrants/transmigrants and 
indigenous Papuans renders this survey unreliable in assessing the attitudes of 
native-born Papuans.

Confusion over the Papuan perspective in the IFES survey is linked to perhaps 
the most devastating assault on Papuan human rights. For decades, the 
Indonesian government -- aided by the international community through direct 
bilateral assistance and World Bank funding -- transported non-Papuans from 
various Indonesian islands to West Papua. These "transmigrants" differed from 
Papuans ethnically and usually religiously, as well as in levels of 
development. The result was the marginalization of Papuans in their own island, 
with physical as well as economic displacement from employment and 
entrepreneurial opportunity. They were joined by "economic migrants" who 
continue to flow into Papuan territory today due in part to government 
incentives. Such migrants constitute approximately 40% of the province's 
population and make up a majority in the capital Jayapura and other urban 
areas. Papuans understandably fear that, within a generation, they will become 
a minority in their own homeland.

Denial of Fundamental Political Rights
McFetridge repeats the long-standing Indonesian government contention that the 
so-called 1969 "Act of Free Choice (AFC)," by which Indonesia annexed West 
Papua, was legitimate. Despite an intense campaign of intimidation and terror 
by the TNI extending back to 1963 -- which included detention, torture and 
killing of peaceful pro-independence demonstrators -- Jakarta confronted the 
reality in 1969 that a fair vote would go against its annexation plan. 
Jakarta's answer over that summer was to convoke 1,022 hand-selected Papuans. 
Under great duress, they agreed unanimously to annexation. McFetridge claims 
that these supposed "tribal leaders" represented the will of the Papuan people 
and, "formally ratified what was the reality on the ground." The Soeharto 
regime was to use the same approach in East Timor when another group of 
so-called "local leaders" was forced in July 1976 to vote for annexation by 
Indonesia. Once again, the vote was unanimous. Unfortunately, in the case of 
West Papua, the UN General Assembly chose to "take note" of the result.

But accounts by UN officials charged with monitoring the AFC and recently 
declassified US government documents have removed any doubt regarding its 
fraudulent character. The UN Under-Secretary General in 1969, Chakravarthy 
Narasimhan, in an interview published in November 2001, said of the affair:

"It was just a whitewash. The mood at the United Nations was to get rid of this 
problem as quickly as possible. Nobody gave a thought to the fact that there 
were a million people there who had their fundamental human rights trampled. 
How could anyone have seriously believed that all voters unanimously decided to 
join his [Soeharto's] regime? Unanimity like that is unknown in democracies."

Military Presence in West Papua
McFetridge depicts a purported threat posed by an armed West Papuan resistance 
(OPM) to justify the TNI presence in the province. He ignores the TNI's own 
2005 public estimate of OPM forces at 620, of which, according to TNI's claim, 
150 bear modern arms. Such a "threat" hardly justifies a troop presence that, 
even according to McFetridge's likely underestimate, amounts to 10,000. 
McFetridge cites recent conflicts in Wamena (2003) and Wasior (2001) as 
indications of "provocations" by the OPM. However, well-founded reports, 
including by Indonesia's own National Commission on Human Rights, that the TNI 
was involved with -- if not directly behind -- both instances raise obvious 
doubts about any OPM role. Considering the TNI's long history of OPM 
infiltration and manipulation, this comes as no surprise.

Further, McFetridge's troop estimate is not reliably sourced. The TNI carefully 
guards the size of its presence in Papua, but ongoing reports of troop 
augmentation (notably currently in the Merauke area) and announced plans to 
move three battalions there by 2009 strongly indicate that the real troop 
deployment figure is far higher than McFetridge's guess and is growing. 
Additions of territorial and regional commands in the new province of West 
Irian Jaya (created without Papuan consultation) also indicate significant 
expansion of the military presence. Regardless of the actual figure, rapidly 
escalating militarization is in defiance of calls by senior clergy and many 
other civil society leaders for West Papua's demilitarization and 
transformation into a "land of peace."

McFetridge asserts that the TNI is "not enthusiastic" about assignment to 
Papua. In fact, the TNI profits tremendously from its presence there, extorting 
money from Indonesian and foreign firms and operating illegal logging, 
prostitution and other "businesses." The U.S. mining giant Freeport McMoRan 
paid the TNI more than ten million dollars over a recent two-year period. 
Military service in West Papua also is rewarded with extra pay and faster 
promotion, as had been the case in other conflict areas like pre-1999 East 
Timor.

McFetridge contends "there is no credible evidence of organized military or 
police support, training or arming of militia in Papua." McFetridge once again 
repeats the standard TNI denial of its historical affiliations and often-direct 
sponsorship of militia. The TNI created, funded, armed, and directed the 
militia that systematically ravaged East Timor in 1999. Similarly, militia in 
Papua, the Malukus, Aceh, and elsewhere could not have existed/exist without 
TNI direction and support. These thug groups, which include fascist-nationalist 
"red and white" militia and Islamic jihadist such as Laskar Jihad and Front for 
the Defense of Islam, operate as a cat's paw to intimidate local populations 
and often, as in the Malukus, provoke communal conflict. This communal violence 
then serves as a pretext for direct TNI intervention. West Papuan advocates, 
notably church leaders, have expressed strong concern that such militia could 
spark communal conflict between largely Muslim transmigrants and 
Christian/animist Papuans.

Cover-up and Perpetuation of Abuse
McFetridge disparages recent U.S. Congressional action that, if passed, would 
direct the State Department to report on various aspects of human and civil 
rights violations in West Papua, including the 1969 "Act of Free Choice." He 
contends the "net effect of HR 2601 is to discourage compromise by the 
political factions ... to reach agreement on the implementation of autonomy for 
the Province." This attack on a bipartisan Congressional action misconstrues 
the legislation's intent and impact. HR 2601 merely calls for State Department 
reporting on past and current events in West Papua. Facts are essential to 
effective policymaking. It is disingenuous of McFetridge to assign blame for 
Indonesia's dealings to Congress. It is quite clearly the utter failure of 
previous and current Indonesian governments to implement any semblance of the 
promised "special autonomy" that has led to the current impasse. The 
undemocratic and illegal division of West Papua into two provinces (and a 
failed attempt to create a third province), failure to create the Papuan 
People's Assembly on democratic principles set out under the promised but 
undelivered special autonomy, and failure of the current Yudhoyono 
administration to initiate and/or respond to multiple Papuan attempts at 
peaceful dialogue and conflict resolution amply demonstrate the government's 
bad faith. Recent reports of theft by the military of funds meant for the 
long-neglected development of Papua's health, educational and other 
infrastructure underscore this further. Popular Papuan rejection of "special 
autonomy" was made manifest when thousands peacefully demonstrated throughout 
West Papua August 12-15.

Those in the international community who deny or obscure the Indonesian 
military's long record of repression and violence in West Papua, who seek to 
re-write history to contend that Indonesia's forced annexation of West Papua 
was in any sense democratic, and who wish to divert legitimate Congressional 
and international concern about these abuses are not acting in the best 
interests of Papua or Indonesia more broadly. They are, in fact, conspiring 
with those in Indonesia who seek to draw a curtain over West Papua to allow 
severe human rights violations and ruinous exploitation of this resource-rich 
land to continue unobserved and without rebuke.

Message to Don from IAWP: When all is said and done, when you have gathered all 
the worldly riches to satisfy your material lust at the expense of the 
long-suffering Papuans, remember just one thing - that you have a chance and a 
major role you could play to change things. A man in your position could bring 
positive change. If you choose not to, and you are happy not to, then it is 
hoped that one day you do not regret your decisions. Papuans are the underdogs. 
Right now you appear to have chosen to side with Goliath rather than David. 
Remember what happened to Goliath. The choice is yours. Enough said.

Further info: 
McShame
McFingered
McWorldBankConsultant


[Non-text portions of this message have been removed]



------------------------ Yahoo! Groups Sponsor --------------------~--> 
Help save the life of a child. Support St. Jude Children's Research Hospital.
http://us.click.yahoo.com/f4eSOB/lbOLAA/E2hLAA/BRUplB/TM
--------------------------------------------------------------------~-> 

***************************************************************************
Berdikusi dg Santun & Elegan, dg Semangat Persahabatan. Menuju Indonesia yg 
Lebih Baik, in Commonality & Shared Destiny. http://www.ppi-india.org
***************************************************************************
__________________________________________________________________________
Mohon Perhatian:

1. Harap tdk. memposting/reply yg menyinggung SARA (kecuali sbg otokritik)
2. Pesan yg akan direply harap dihapus, kecuali yg akan dikomentari.
3. Reading only, http://dear.to/ppi 
4. Satu email perhari: ppiindia-digest@xxxxxxxxxxxxxxx
5. No-email/web only: ppiindia-nomail@xxxxxxxxxxxxxxx
6. kembali menerima email: ppiindia-normal@xxxxxxxxxxxxxxx
 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/ppiindia/

<*> To unsubscribe from this group, send an email to:
    ppiindia-unsubscribe@xxxxxxxxxxxxxxx

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/
 



** Forum Nasional Indonesia PPI India Mailing List **
** Untuk bergabung dg Milis Nasional kunjungi: 
** Situs Milis: http://groups.yahoo.com/group/ppiindia/ **
** Beasiswa dalam negeri dan luar negeri S1 S2 S3 dan post-doctoral 
scholarship, kunjungi 
http://informasi-beasiswa.blogspot.com **

Other related posts: