Yamin Kogoya – Evening Report

‘No’ to Australia’s indigenous voice – a devastating wake-up call for resistance to colonialism

Asia Pacific Report — Tue, 17 Oct 2023 08:17:56 +0000

SPECIAL REPORT: By Yamin Kogoya

The referendum on the indigenous Voice in Australia last Saturday was an historic event. Australians were asked to vote on whether to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia in the Constitution through an indigenous Voice.

The voters were asked to vote “yes” or “no” on a single question:

“A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

“Do you approve this proposed alteration?”

The Voice was proposed as an independent, representative body for First Nations peoples to advise the Australian Parliament and government, giving them a voice on issues that affect them.

Here are some key points:

The proposal was to recognise Indigenous Australians in the Constitution by creating a body to advise Parliament, known as the “Voice”.
The “Voice” would be an independent advisory body. Members would be chosen by First Nations communities around Australia to represent them.
The “Voice” would provide advice to governments on matters relating to Aboriginal and Torres Strait Islander people, such as health, education, and housing, in the hope that such advice will lead to better outcomes.
Under the Constitution, the federal government already has the power to make laws for Indigenous people. The “Voice” would be a way for them to be consulted on those laws. However, the government would be under no obligation to act on the advice.
Indigenous people have called for the “Voice” to be included in the Constitution so that it can’t be removed by the government of the day, which has been the fate of every previous indigenous advisory body. It is also the way indigenous people have said they want to be recognised in the constitution as the First Nations with a 65,000-year connection to the continent — not simply through symbolic words.

It was necessary for a majority of voters to vote “yes” nationally, as well as a majority of voters in at least four out of six states, for the referendum to pass.

Unfortunately, it was rejected by the majority with more than 60 percent with the vote still being counted. In all six states and the Northern Territory, a “No” vote was projected.

The Voice vote nationally – “no” ahead with 60 percent with counting still ongoing. Source: The Guardian

According to the ABC, a majority of voters in all six states and the Northern Territory voted against the proposal.

New South Wales
81.2 percent counted, 1.81 million voted yes (40.5 percent) and 2.67M million voted no (59.5 percent).

Victoria
78.5 percent counted, 1.56 million voted yes (45.0 percent), and 1.91 million voted no (55.0 percent).

Tasmania
82.7 percent counted, 134,809 voted yes (40.5 percent), and 198,152 voted no (59.5 percent).

South Australia
79.1 percent counted, 355,682 voted yes (35.4 percent), 648,769 voted no (64.6 percent).

Queensland
74.3 percent counted, 835,159 voted yes (31.2 percent), 1.84 million voted no (68.8 percent).

Western Australia
75.3 percent counted, 495,448 voted yes (36.4 percent), and 866,902 voted no (63.6 percent).

Northern Territory
63.4 percent counted, 37,969 voted yes (39.5 percent), and 58,193 voted no (60.5 percent).

ACT
82.8 percent counted, 158,097 voted yes (60.8 percent), and 102,002 voted no (39.2 percent).

Prime Minister Anthony Albanese has said the next steps after the failed Indigenous Voice to Parliament referendum are yet to be decided and called the expectation of having a plan just days after the vote “not respectful”.

For the latest news, visit: https://t.co/X6qtu24rNp pic.twitter.com/smgqgeV55Y

— SBS News (@SBSNews) October 17, 2023

In addition to being viewed as divisive along racial lines, concerns about how the Voice to Parliament would work (whether indigenous Australians would be given greater power) and uncertainties about how the new body would result in meaningful change for indigenous Australians contributed to the rejection.

Australia has held 44 referendums since its founding in 1901. However, the referendum on the Indigenous Voice to Parliament in 2023 was the first of its kind to focus specifically on Indigenous Australians.

As part of a broader push to establish constitutional recognition of Indigenous Australians, the Voice proposal was seen as a significant step towards reconciliation and was the result of decades of indigenous advocacy and work.

A key turning point came in 2017 when 250 Aboriginal and Torres Strait Islander delegates from across the country met at Uluru for the First Nations’ National Constitutional Convention. The proposal, known as the Voice, sought to recognise Indigenous people in Australia’s constitution and establish a First Nations body to advise the government on issues affecting their communities.

However, the Voice proposal was not unanimously accepted. In the course of the campaign, intense conflict and discussion ensued between supporters and opponents, resulting in what supporters viewed as a tragic outcome, while the victorious opponents celebrated their victory.

The support of Oceania’s indigenous leaders
Pacific Islanders expressed their views before the referendum on the Voice to Parliament.

Henry Puna, Secretary-General of the Pacific Islands Forum, said that Australia’s credibility would be boosted on the world stage if the yes vote won the Indigenous voice referendum. He stated that it would be “wonderful” if Australia were to vote yes, because he believed it would elevate Australia’s position, and perhaps even its credibility, internationally.

The former Foreign Minister of Vanuatu (nd current Climate Change Minister), Ralph Regevanu, warned Australia’s reputation would plummet among its allies in the Pacific if the Voice to Parliament was defeated.

These views indicate the potential impact of the voice referendum on Australia’s relationship with Pacific Island nations, which it often refers to as “its own backyard”.

The “No” camp claimed the Voice was an “elite” idea, that “real” Indigenous people didn’t want it, because Peter Dutton had spoken to “shoppers”. Even with the results, they still insist communities did not want one – taking away what little voice they gothttps://t.co/kWt0hjDHEC

— Rachel Withers (@rachelrwithers) October 17, 2023

Division, defeat and impact
A tragic aspect of the Voice proposal is the fact that not only were Australian settlers divided about it, but even worse, indigenous leaders themselves, who were in a position to bring together a fragmented and tormented nation, were at odds with each other — including full-on verbal wars in media.

While their opinions on the proposal were divided, some had practical and realistic ideas to address the problems faced by indigenous communities in remote towns. Others proposed a treaty between settlers and original indigenous people.

There are also those who advocate for a strong political recognition within the nation’s constitutional framework.

Despite these divisions among indigenous leaders, the referendum on Voice represents a significant milestone in the ongoing indigenous resistance that spans over 200 years.

It is a resistance that began on January 26, 1788, when the invasion began (Pemulwuy’s War), and continued through various milestones such as the 1937 Petition for citizenship, land rights, and representation, the 1938 Day of Mourning, the 1963 Yirrkala bark petitions, the 1965 Freedom Rides, and the establishment of the Aboriginal Tent Embassy in Canberra in 1972.

It further extended to 1990-2005 with the Aboriginal and Torres Strait Islander Commission (ATSIC), the 1991 Song Treaty by Yothu Yindi, Eddie Mabo overturning terra nullius in 1992, Kevin Rudd’s 2008 apology, and the Uluru Statement from the Heart until the recent defeat of the Voice Referendum in 2023.

A dangerous settlers’ myth and its consequences
The modern nation of Australia (aged 244 years) has been shaped by one of European myths: “Terra Nullius”, the Latin term for “nobody’s land”. This myth was used to describe the legal position at the time of British colonisation.

Accordingly, the land had been deemed as terra nullius, which implies that it had belonged to no one before the British Crown declared sovereignty over it.

Eddy Mabo: A Melanesian Hero
An indigenous Melanesian, Eddy Mabo, overturned this myth in 1992, known as “the Mabo Case,” which recognised the land rights of the Meriam people and other indigenous peoples.

The Mabo Case resulted in significant changes in Australian law in several areas. One of the most notable changes was the overturning of the long-standing legal fiction of “terra nullius,” which posited that Australia was unpopulated (no man’s land) at the time of British colonisation.

In this decision, the High Court of Australia recognized the legal rights of Indigenous Australians to make claims to lands in Australia. It marked a historic moment, as it was the first time that the law acknowledged the traditional rights of Aboriginal and Torres Strait Islander peoples. In addition, the Mabo Case contributed directly to the establishment of the Native Title Act in 1993.

Even though these changes are significant, debates persist regarding the state of indigenous Australians under colonial settlement.

Indigenous Affairs reporter Isabella Higgins says the No victory in the Indigenous Voice to Parliament Referendum could change the way Indigenous Australians will want to interact with the rest of the country going forward. pic.twitter.com/g5CxBaU0Op

— ABC News (@abcnews) October 15, 2023

Indigenous leaders need to see a big picture
The recent referendum on the Voice sparked heated debates on a topic that has long been a source of contention: the age-old battle of “my country versus your country, my mob versus your mob, I know best versus you know nothing.”

While it’s important to celebrate and protect cultural diversity and the unique perspectives it brings, it’s equally important to recognise that British settlers didn’t just apply the myth of terra nullius to a select few groups or regions — they applied it to all areas inhabited by indigenous peoples, treating them as a single, homogenous entity.

This means that any solution to indigenous issues must be rooted in a collective, unified voice, rather than a patchwork of fragmented groups.

Indigenous leaders need to prioritise the creation of a unified front among themselves and mobilise their people before seeking support from Australians. Currently, they are engaging in competition, outdoing each other, and fighting over the same issue on mainstream media platforms, indigenous-run media platforms, and social media.

This approach is reminiscent of the “divide, conquer, and rule” strategy that the British effectively employed worldwide to expand and maintain their dominion. This strategy has historically caused harm to indigenous nations worldwide, and it is now harming indigenous people because their leaders are fighting among themselves.

It is important to note that this does not imply a rejection of every distinct indigenous language group, clan, or tribe. However, it is crucial to recognise that indigenous peoples throughout Oceania were viewed through a particular European lens, which scholars refer to as “Eurocentrism”.

This “lens” is a double-edged sword, providing semantic definition and dissection power while also compartmentalising based on a hierarchy of values. Melanesians and indigenous Australians were placed at the bottom of this hierarchy and deemed to be of no historical or cultural significance.

This realisation is of utmost importance for the collective attainment of redemption, unity and reconciliation.

The larger Australian indigenous’ cause
From Vasco Núñez de Balboa’s momentous crossing of the Isthmus of Panama to Ferdinand Magellan’s pioneering Spanish expedition across the Pacific Ocean in 1521, and Abel Janszoon Tasman’s remarkable exploration of Tasmania, Australia, New Zealand, and Fiji, to James Cook’s renowned voyages in the Pacific Ocean between 1768 and 1779, the indigenous peoples of Oceania have endured immense suffering and torment as a consequence of the European scramble for these territories.

The indigenous peoples of Oceania were forever scarred by the merciless onslaught of European maritime marauders. When the race for supremacy over these unspoiled regions unfolded, their lives were shattered, and their communities torn asunder.

The web of life in Australia and Oceania was severely disrupted, devalued, rejected, and subjected to brutality and torment as a result of the waves of colonisation that forcefully impacted their shores.

The colonisers imposed various racial prejudices, civilising agendas, legal myths, and the Discovery doctrine, all of which were conceived within the collective conceptual mindset of Europeans and applied to the indigenous people.

These actions have had a lasting and fatalistic impact on the collective indigenous population in Australia and Oceania, resulting in dehumanisation, enslavement, genocide, and persistent marginalisation of their humanity, leading to unwarranted guilt for their mere existence.

The European collective perception of Oceania, exemplified by the notion of terra nullius, has resulted in numerous transgressions of indigenous laws, customs, and cosmologies, affecting every aspect of life within the entire landscape. These violations have led to the loss of land, destruction of language, erasure of memories, and imposition of British customs.

Furthermore, indigenous peoples were forcibly relocated to concentration camps, missions, and reserves.

The Declaration received support from a total of 144 countries, with only four countries (which have historically displaced indigenous populations through settler occupation) voting against it — Australia, Canada, New Zealand and the United States.

However, all four countries subsequently reversed their positions and endorsed the Declaration. It should be noted that while the Declaration does not possess legal binding force, it does serve as a reflection of the commitments and responsibilities that states have under international law and human rights standards.

The challenges and concerns confronting indigenous communities are undeniably more severe and deplorable than the current “yes or no” referendum. It is imperative for the entire nation, including indigenous leaders, to acknowledge the profound extent of the Indigenous human tragedy that extends beyond the divisive binary.

Old and new imperial vultures
Similar to the European vultures that once encircled Oceania centuries ago, partitioned its territories, subjugated its people, conducted bomb experiments, and eradicated its population in Tasmania, the present-day vultures from the Eastern and Western regions exhibit comparable behaviours.

It is imperative for indigenous leaders hailing from Australia, Melanesia, Polynesia, and Micronesia to unite and demand that the colonial governments be held responsible for the multitude of crimes they have perpetrated.

Message to divided indigenous leaders
Simply assigning blame to already fragmented, tormented, and highly marginalised Indigenous communities, and endeavouring to empower them solely through a range of government handouts and community-based development programs, will not be adequate.

Because the trust between indigenous peoples and settlers has been shattered over centuries of abuse, deeply impacting the core of Indigenous self-image, dignity, and respect.

My personal experience in remote indigenous communities
I am a Papuan who came to Australia over 20 years ago to study in the remote NSW town of Bourke. I lived, studied, and worked at a small Christian College called Cornerstone Community.

During my time there, I was adopted by the McKellar clan of the Wangkumara Tribe in Bourke and worked closely with indigenous communities in Bourke, Brewarrina, Walgett, Cobar, Wilcannia, and Dubbo.

Unfortunately, my experiences in these places left me traumatised.

These communities have become so broken. I found myself succumbing to depression as a result of the distressing experiences I witnessed. It dawned upon me being “blackfella” — Papuan indigenous descent — was and still consistently subjected to similar mistreatment regardless of location.

This realisation instilled within me a sense of guilt for my own identity, as I was constantly made feel guilty of who I was. Tragically, a significant number of the young indigenous whom I endeavoured to aid and guide through diverse community and youth initiatives have either been incarcerated or committed suicide.

West Papua, my home country, is currently experiencing a genocide due to the Indonesian settler occupation, which is supported by the Australian government. This is similar to what indigenous Australians have endured under the colonial system of settlers.

Indigenous Australians in every region, town, and city face a complex and diverse set of issues, which are unique, tragic, and devastating. These issues are a result of how the settler colony interacted with them upon their arrival in the country.

Nevertheless, the indigenous people were not subjected to centuries of abuse and mistreatment solely based on their tribal affiliations. Rather, they were targeted by the settler government as a collective, disregarding the diversity among indigenous groups.

This included the indigenous people from Oceania, who have endured dehumanisation and racism as a result of colonisation.

It is imperative to acknowledge that the resolution of these predicaments cannot be attained by a solitary leader representing a particular group. The indigenous leaders need a unified vision and strategy to combat these issues.

All indigenous individuals across the globe, including Australia, New Zealand, Oceania, and West Papua, are afflicted by the same affliction. The only distinguishing factor is the degree of harm inflicted by the virus, along with the circumstances surrounding its occurrence.

A statement from Indigenous Australians who supported the Voice referendum. https://t.co/UlW2kvd9oa pic.twitter.com/1159uz3bxk

— ulurustatement (@ulurustatement) October 15, 2023

A paradigm shift
Imagine a world where indigenous peoples in Australia and Oceania reclaim their original languages and redefine the ideas, myths, and behaviours displayed on their land with their own concepts of law, morality, and cosmology. In this world, I am confident that every legal product, civilisational idea, and colonial moral code applied to these peoples would be deemed illegal.

It is time to empower indigenous voices and perspectives and challenge the oppressive systems that have silenced them for far too long.

Commence the process of renaming each island, city, town, mountain, lake, river, valley, animal, tree, rock, country, and region with their authentic local languages and names, thereby reinstating their original significance and worth.

However, in order to accomplish this, it is imperative that indigenous communities are granted the necessary authority, as it is ultimately their power that will reinforce such transformation. This power does not solely rely on weapons or monetary resources, but rather on the determination to preserve their way of life, restore their self-image, and demand the recognition of their dignity and respect.

Last Saturday’s No Vote tragedy wasn’t just about the majority of Australians rejecting it. It was a heartbreaking moment where indigenous leaders, who should have been united, found themselves fiercely divided.

Accusations were flying left and right, targeting each other’s backgrounds, positions, and portfolios. This bitter divide ended up gambling away any chance of redemption and reconciliation that had reached such a high national level.

It was a devastating blow to the hopes and aspirations for a better world for one of the most disadvantaged originals continues human on this ancient timeless continent — Australia.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.

Article by AsiaPacificReport.nz

West Papuan, Indonesian youth protest over ‘illegal’ 1962 Rome Agreement

Asia Pacific Report — Wed, 04 Oct 2023 22:17:52 +0000

SPECIAL REPORT: By Yamin Kogoya

The Indonesian People’s Front for West Papua (FRI-WP) and the Papuan Student Alliance (AMP) have denounced the Rome Agreement of 30 September 1962 as “illegal” during protest speeches marking the 61st anniversary last Saturday.

The groups gathered at several places throughout Indonesia to hold peaceful protests and speeches.

The protesters held a public discussion and protest in Yogyakarta, Lombok, West Nusa Tenggara, Ternate, East Java and North Maluku.

Some protesters were met by hardliner groups of Indonesians who claimed they were supported and protected by the Indonesian police.

The Facebook page of AMP reports that peaceful demonstrations were also scheduled for September 30 in Kupan city but were obstructed by Garuda reactionaries, known as ORMAS (Civic Organisation Group) and police officers.

Some conversations were extremely racist, indicating that both the police and state are still maintaining a policy of racism.

Protests such as these are not unusual. Papuan students and their Indonesian supporters do this annually in order to draw attention to Indonesia’s illegal occupation of West Papua, which violates international law and the UN Charters on self-determination and decolonisation.

This time, the protest was over the Rome Agreement.

In 2021, an attempt to stage a protest in front of the US Embassy in central Jakarta was also made, but 17 AMP Papuan students were arrested.

What the protests are against
These protests across Indonesia may be dismissed by mainstream media as insignificant. But for Papuans, they are actually most significant.

The theme is protesting against what Papuans see as the “genesis” of a betrayal with lies, deceit, and manipulation by powerful international actors that sealed Papua’s fate with Indonesia.

This set a stage of gross human rights violations and exploitation of West Papua’s natural resources, which has been going on since these agreements were signed.

They were treaties, agreements, discussions, and decisions concerning West Papua’s future made by state and multinational actors without Papuan input — ultimately leading to West Papua’s “destruction”.

According to the AMP, the agreement between the Netherlands, Indonesia, the United Nations (UN) and the United States was manipulated to gain control over Papua, reports Suara Kalbar.

The AMP Papuan students and their Indonesian solidarity groups stated that the September 1962 Rome Agreement, followed by the signing of the New York Agreement on August 15, 1962, was reached without the involvement of any representatives of the Papuan people.

The protesters’ highlighted these flaws of the Rome Agreement that:

The Act of Free Choice to be delayed or cancelled;
“Musyawarah” (a form of Indonesian consensus building) be used rather than one-person-one-vote;
The UN report to the UNGA be accepted without debate;
Indonesia would rule West Papua for 25 years after 1963;
The US could exploit natural resources in partnership with Indonesian state companies; and
The US would underwrite an Asian Development Bank grant for US$30 million and guarantee World Bank funds for a transmigration programme beginning in 1977.

The agreement signed by Indonesia, the Netherlands and the United States was a very controversial with 29 articles stipulating the New York agreement, which regulates 3 things, where articles 14-21 regulate self-determination based on the international practice of one person one vote; and articles 12 and 13 governing the transfer of the administration from the United Nations Temporary Executive (UNTEA) to Indonesia.

Thus, this agreement allowed Indonesia’s claim to the land of Papua, which had been carried out after the transfer of control of West Papua from Dutch to Indonesia through UNTEA on 1 May 1963.

West Papua ‘conditioned’
The student protesters argued that prior to 1963 Indonesia had already conditioned West Papua by conducting military operations and suppressing the pro-independence movement, reports Koran Kejora.

Ironically, the protesters say, even before the process of self-determination was carried out on 7 April 1967, Freeport, the state-owned “mining company of American imperialism”, had signed its first contract with Indonesia.

This meant that West Papua had already been claimed by Indonesia through Freeport’s first contract two years before the Act of Free Choice was conducted, reports Koran Kehora.

The Act of Free Choice itself “was a sham”, only 1025 out of 809,337 Papuans with the right to vote had been quarantined or voted, and only 175 of them voiced their opinion, protesters said.

Despite its undemocratic nature, terror, intimidation, manipulation, and gross human rights violations, with the implementation of the Act of Free Choice, Indonesia legitimised its illegal claim to West Papua.

Igin Kogoya, a coordinator for AMP and Indonesian supporters in Malang, said in a media release that Indonesia did not carry out the agreement in accordance with the New York Agreement, reports Jubi.

Instead, Indonesia uses a variety of military operations to condition the region and suppress the independence movement of West Papuans.

“Therefore, before the self-determination process was carried out in 1969, Freeport, the imperialist state-owned mining company of the United States, signed its first contract of work with the Indonesian government illegally on 7 April 1967.”

Early Freeport mine deal
Naldo Wasiage of AMP Lombok and Benjos of FRI-WP Lombok claimed colonial Indonesia had made claims to the West Papua region with Freeport’s first contract two years before the Act of Free Choice was passed.

Today, Indonesia’s reform, terror, intimidation, and incarceration, as well as the shootings and murders of Papuans, still occurring.

The human rights of the Papuan people are insignificant and hold no value for Indonesia.

The Military Operation Area was implemented throughout West Papua before and after the illegal Act of Free Choice. This clearly demonstrates that Indonesia’s desire to colonise West Papua until the present.

When asked about the Rome Agreement, Andrew Johnson, an Australian who has been researching international documents and treaties related to West Papua’s “betrayal”, said:

In order to invest billions of dollars in looting West Papua, Freeport would need assurances that Indonesia would be able to deliver access to the region. A Rome Agreement-type document would provide this assurance.

Victor Yeimo: Unveiling the atrocities
After being released from the Indonesian legal system and prison on 23 September 2023, Victor Yeimo addressed thousands of Papuans in Waena Jayapura by saying:

The Papuan people have long suffered under a dehumanising paradigm, which denies our inalienable rights to be human in our own land.

Yeimo said that the Papuan people in West Papua were systematically excluded from any decision-making processes that shaped their own future.

Jakarta’s oppressive control led to arbitrary policies and laws imposed on West Papuans, disregarding their voices and aspirations. This exclusion highlighted the colonisers’ desire to maintain control and dominance, he said.

The ratification of Special Autonomy, Volume II, serves as an example of Jakarta’s deception. The Papuan People’s Council (MRP), entrusted with representing the special autonomy law, was sidelined, rendering their role meaningless.

Jakarta’s military intervention further emphasised the denial of Papuan rights.

The expansion of five new autonomous provinces in West Papua deepens the marginalisation of indigenous Papuans. This move reinforces the grip of Indonesian colonialism, eroding the cultural identity of the Papuan people.

Jakarta’s tactics, supported by state intelligence and collaboration with local elites, legitimised its oppressive control, Yeimo said.

The state intelligence agency (BIN) in Jakarta manipulated conflict between Papuan groups and tribes to perpetuate hostility and division. By sowing seeds of discord, the colonisers sought to weaken the collective strength of the Papuan people and divert their attention away from their own oppressive actions.

Under Indonesian colonial rule, property, wealth and position held little significance for the Papuan people, Yeimo said.

Relying on hollow promises and pseudo-offers from the oppressors would never lead to justice, welfare, or peace. It was time to reject the deceptive allure of colonialism and focus on reclaiming autonomy and dignity, Yeimo told his people.

Embracing nationalistic ideals was crucial in the Papuan struggle for liberation. Indigenous Papuans must question their own participation in Indonesian colonialism.

Working for the colonisers as bureaucratic elites or bourgeois elites does not uphold their humanity or dignity. It is time to reclaim their autonomy and fight for their freedom.

Article by AsiaPacificReport.nz

Former Papuan governor Enembe’s corruption trial ends – verdict soon

Asia Pacific Report — Thu, 28 Sep 2023 11:18:15 +0000

SPECIAL REPORT: By Yamin Kogoya

Former Papuan Governor Lukas Enembe has presented his case for the defence, denying the corruption and bribery charges against him, with the end of the controversial and lengthy trial at the Tipikor Court of Jakarta Central District Court this week. The verdict is due on October 9.

During the hearing, Enembe and his legal team argued there was no evidence to support the allegations made by the Anti-Corruption Commission (KPK) prosecutor.

The two-term Papuan governor and his legal team firmly stated that the KPK prosecutors had no evidence in the indictment against him.

In a statement presented by his lawyer, Petrus Bala Pattyona, Enembe strongly denied the allegations of receiving bribes and gratuities from businessmen Rijatono Lakka and Piton Enumbi.

Enembe emphasised that the accusations made against him were “baseless and lacked substantial evidence”.

Enembe maintains innocence
He stated that his case was straightforward, as he was being accused of accepting a staggering amount of 1 billion rupiahs (NZ$100,000) from Rijatono Lakka, along with a hotel valued at 25.9 billion rupiahs (NZ$2,815,000) and a number of physical developments and money amounting to Rp 10,413,929,500.00 or 10.4 billion rupiahs (NZ$1,131,000) from Piton Enumbi, lawyer Pattyona said during the reading, reports Kompas.com.

Enembe maintained his innocence throughout the proceedings and asserted that he had never received any form of illicit payments or favours from either businessman.

The simplicity of Lukas’ case, as stated by his lawyer, Petrus Bala Pattyona, lay in the clarity of the accusations made against his client.

Enembe and his legal team emphasised that none of the testimony of the 17 witnesses called during the trial could provide evidence of their involvement in bribery or gratuities in connection with Lukas Enembe, reports National.okenews.com.

“During the trial, it was proven very clearly that no witness could explain that I received bribes or gratuities from Rijatono Lakka and Piton Enumbi,” Enembe said through his lawyer Pattyona during the hearing, reports Kompas.com.

“I ask that the jury of pure hearts and minds, who have tried my case, may decide on the basis of the truth that I am innocent and therefore acquit me of all charges,” Enembe said.

In addition to asking for his release, Enembe also asked the judge to unfreeze the accounts of his wife and son that were frozen by the authorities when this legal saga began last year.

He claimed his wife (Yulce Wenda) and son (Astract Bona Timoramo Enembe) needed access to their funds to cover daily expenses.

Ex-Governor Enembe also discussed gold confiscated by the KPK, calling on judges to allow its return.

Enembe asked that no party criminalise him anymore. He insisted he had never laundered money or owned a private jet, as KPK had claimed.

Enembe’s lawyer also requested that his client’s honour be restored to prevent further false accusations from emerging.

KPK prosecutor’s demands
However, the public prosecutors of the KPK considered Lukas Enembe legally and conclusively guilty of corruption in the form of accepting bribes and gratuities when he served as Governor of Papua from 2013 to 2023.

The prosecutors alleged that there was evidence that Lukas Enembe had violated Article 12 letter A and Article 12B of the Law of the Republic of Indonesia No. 31 of 1999 concerning the Eradication of Corruption Criminal Acts and Article 55 paragraph. (1) of I of the Criminal Code jo Article 65, clause (1), of the Criminal Code, reports Beritasatu.com.

In addition to corporal crime, the two-term governor of Papua was fined Rp 1 billion. He was also ordered to pay Rp 47,833,485,350 or 47.9 billion rupiah (NZD$5,199,000) in cash, accusing him of accepting bribes totalling Rp 45.8 billion and gratitude worth 1 billion, reports Kompas.com.

A verdict date is set
The Jakarta Criminal Corruption Court panel of judges is scheduled to read the verdict in the case against Enembe on 9 October 2023.

“We have scheduled Monday, October 9, 2023, for the reading of the verdict against the defendant Lukas Enembe,” said presiding judge Rianto Adam Pontoh yesterday at the Central Jakarta District Court after undergoing a hearing of the readings, reports CNN.com.

The date marks an important milestone in the trial as it will bring clarity to the charges against Enembe. The outcome of the judgement will have a profound impact on Enembe’s future and the public perception of his integrity and leadership, and most importantly, his deteriorating health.

Former Governor’s health
Previously, the KPK prosecutor had requested a sentence of 10 years and six months in prison.

Enembe’s senior lawyer, Professor OC Kaligis, argued that imprisonment of Enembe for more than a decade would be tantamount to the death penalty due to the worsening of his illness, calling it “brutal demands” of the KPK prosecutors.

“The defendant’s health condition when examined by doctors at Gatot Soebroto Army Central Hospital (RSPAD) showed an increasingly severe illness status. So we, legal counsel, after paying attention to the KPK Public Prosecutor’s concern for the defendant’s illness, from the level of investigation to investigation, concluded that the KPK Public Prosecutor ignored the defendant’s human rights for maximum treatment.

“With such demands, the KPK Public Prosecutor expects the death of Lukas Enembe in prison,” said Professor Kaligis, reports mambruks.com.

Lukas Enembe’s life
Former Governor Lukas Enembe was born on 27 July 1967 in Mamit village, Kembu Tolikara, Papua’s highlands. He graduated from Sam Ratulangi University, Manado, in 1995, majoring in socio-political science.

After returning to West Papua, he began his public service career in the civil service of Merauke district.

Enembe studied at Christian Cornerstone College in Australia from 1998 to 2001. In 2001, he returned to West Papua and ran for the regency election, becoming the deputy regent of Puncak Jaya.

In 2007, he was elected as the regent of Puncak Jaya.

Enembe served as the Governor of Papua from 2013 to 2018 and was re-elected for a second term from 2018 to 2023.

His tenure focused on infrastructure development and cultural unity in West Papua, leading to landmark constructions such as a world-class stadium and a massive bridge.

He also introduced a scholarship scheme, empowering hundreds of Papuan students to pursue education both locally and abroad — such as in New Zealand which he visited in 2019.

Enembe’s achievement as the first Highlander from West Papua to become governor is a groundbreaking milestone that challenged long-held cultural taboos.

His success serves as an inspiration and symbolises the potential for change and unity in the region.

His ability to break cultural barriers has significantly impacted the development of West Papua and the collective mindset of its people, turning what was once regarded as impossible into possibilities through his courage and bravery.

The fact that he is still holding on despite serious health complications that he has endured for a long time under Indonesian state pressure is widely regarded as a “miracle”.

One could argue that West Papua’s predicament as a whole is mirrored in Enembe’s story of struggle, perseverance, pain, suffering, and a will to live despite all odds.

Flashback: Papua Provincial Governor Lukas Enembe (rear centre in purple batik shirt) with some of the West Papuan students in Aotearoa New Zealand during his visit to the country in 2019. Image: APR

Article by AsiaPacificReport.nz

Yamin Kogoya: Rev Yoman’s message of hope and prayers for the Papuan dream in Vanuatu

Asia Pacific Report — Wed, 23 Aug 2023 09:18:04 +0000

SPECIAL REPORT: By Yamin Kogoya

The United Liberation Movement for West Papua (ULMWP) is like a big house or boat, says Reverend Dr Ambirek G. Socratez Yoman, owned by the people and the nation of West Papua.

Upon this big boat rests prayers, hopes, longings, struggles, dreams, and ideals with a profound sense of justice, peace, and dignity.

According to Reverend Dr Yoman, the ULMWP is a symbol of unity among the Papuan people. It is a representation of their collective desires and relentless pursuit of justice.

Reverend Dr Socratez Yoman . . . a Papuan public figure, leader, academic, church leader, prolific writer, and media commentator. Image: Yamin Kogoya/APR

Therefore, West Papuans living in the Land of West Papua, including those living abroad, all pray, hope, and support ULMWP. It is the responsibility of the nation of West Papua and its people to safeguard, maintain, care for, and protect ULMWP as their common home.

Because ULMWP provides a collective shelter for many tears, blood droplets, bones, and the suffering of West Papua.

Reverend Dr Yoman says in his message to me that I have translated that the ULMWP carries the spirits of our ancestors, fallen heroes, and comrades. The ULMWP is the home of their spirits, and he wrote some of their names as follows:

Johan Ariks
Lodewijk Mandacan
Barens Mandacan
Ferry Awom
Permenas Awom
Aser Demotekay
Bernandus Tanggahma
Seth Jafet Rumkorem
Jacob Prai
Herman Womsiwor
Markus Kaisiepo
Eliezer Bonay
Nicolaas Jouwe
F. Torrey,
Nicolass Tanggahma
Dick Kereway
Melky Solossa
Samuel Asmuruf
Mapia Mote
James Nyaro
Lambert Wakur
S.B. Hindom,
Louis Wajoi
Tadius Yogi
Martin Tabu
Arnold Clemens Ap
Eduard Mofu
Willem Onde
Moses Weror
Clemens Runaweri
Andy Ayamiseba
John Octo Ondowame
Thomas Wapay Wanggai
Wim Zonggonauw
Yawan Wayeni
Kelly Kwalik
Justin Morip
Beatrix Watofa
Agus Alue Alua
Frans Wospakrik
Theodorus Hiyo Eluay
Aristotle Masoka
Tom Beanal
Neles Tebay
Mako Tabuni
Leoni Tanggahma
Samuel Filep Karma
Prisila Jakadewa
Babarina Ikari
Vonny Jakadewa
Mery Yarona and Reny Jakadewa (the courageous female spirits who raised the Morning Star flag at the Governor’s Office on August 4, 1980).
Also, the spirit of Josephin Gewab/Rumawak, the tailor who created the Morning Star flag.

In honour of these fallen Papuan heroes and leaders, Reverend Yoman says:

“It is you, the young generation, who carry forward the baton left by the names and spirits of these fighters, as well as the hundreds and thousands of others who have not been named.

“If there is someone who fights and opposes the political platform of the ULMWP, that individual is questionable and is damaging the big house and the big boat, which contains the tears, blood, bones, and suffering of the People and Nation of Papua as well as the spirits of our ancestors and leaders.

“The eyes and faces of the LORD, the spirits of our ancestors, and the spirits of our leaders who have passed on always guard, protect, and nurture the honest, humble, and respectful members of the ULMWP.”

By this message, he urges the ULMWP to never forget these names and stand bravely with courage on their shoulders.

Reverend Yoman’s letter: a brief comment
Indigenous people view life as a system of interconnected relationships between beings, spirits, deities, humans, animals, plants, and the celestial heavens.

Their holistic cosmology is held together by this interconnectedness — a sacred passageway to multidimensional realities. Although Indigenous cosmologies differ, most, if not all, subscribe to the tenet of interconnectedness.

Having a strong connection to one’s ancestors’ roots is an integral part of being Indigenous.

During times of need, rituals, and grief, ancestral and fallen heroes are mentioned and invoked. A specific ancestor’s name may be mentioned in response to a specific situation, such as grief, conflict, sacred ceremonies, or rituals.

This helps to connect modern generations to the ancestral spirits, providing a source of strength and guidance while honouring the legacy of those who have gone before.

Those who adhere to original cultural values understand why Reverend Dr Yoman mentioned some of these Papuans.

In the chronicle of Papuans’ liberation story, these names are mentioned.

There were some who suffered martyrdom, some who became traitors, who died of old age, and others who died from disease. However, they all have stories connected to West Papua’s Liberation.

Mentioning these names is intended to invoke a specific energy within the consciousness of West Papua’s independence leaders. Inviting the new generation of fighters to take up the cause of their fallen comrades.

It is important to encourage Papuans to see the greater picture of a nation’s liberation struggle — which spans generations. Calling on them to revive their minds, spirits, and bodies through the spirit of fallen Papuans and the spirit of Divine during times of turmoil.

Who is Rev Dr Yoman and why did he mention these names?
Most people are familiar with Reverend Dr Yoman. He is everywhere — on television, on the news, known in churches, involved in human rights activism, mentioned in public speeches, appears in seminars, and lectures and so on.

He is well known, or at least heard of, by the Papuan and Indonesian communities, as well as the broader community.

Reverend Dr Socratez Sofyan Yoman is a public figure, leader, academic, church leader, prolific writer, and media commentator. He is a descendant of the Lani people of Papua.

He is one of the seeds of the civilisation project launched by Christian missionaries in the Highlands between the 1930s and 1960s. His life has been shaped by four significant events in his homeland — the teachings of his elders, the arrival of Christianity, Indonesian invasions, and the resistance of the Papuans.

He rose to become an exceptionally accomplished thinker, speaker, writer, and critic of injustice, oppression, and upholds humanity’s values as taught by the Judeo-Christian worldview within these collusions of worlds.

Growing up among Lani village elders taught him many sacred teachings of the original ways — centred around Wone’s teachings. This is one of the most important aspects of his story.

Wone is the cornerstone of life for the Lani people. Wone is the principle of life and the foundation for analysing, interpreting, evaluating, debating, understanding, and exchanging life.

As with many other Lani, Papuan, Melanesian, and Indigenous leaders, Wone is the reason for his birth, survival, and leadership. He has thus a deep sense of duty and responsibility to serve and fight for his people, as well as other marginalised and oppressed members of society.

Reverend Dr Yoman stands firmly in his beliefs in the face of grief, tragedies, and death in his ancestral homeland. His commitment is unwavering, as he continually strives to stand up for and protect the rights of those who are most vulnerable and in need of a voice.

Wone has inspired him to lead a life of purpose and integrity, making him a pillar of strength and an example to others. In a dying forest, he becomes the voice of the falling leaves.

Among his greatest contributions to West Papua, Indonesia, and the world, will be his writings. Generations to come will remember his research and writings regarding history and the fate of his people.

West Papua will be high on the agenda at the Melanesian Spearhead Group Leaders’ Summit in Vanuatu this week.

West Papua’s United Liberation Movement for West Papua (ULMWP) is also present in Vanuatu. Other factions have arrived and are on their way to witness MSG’s decision on West Papua’s fate as well as their own leaders’ summit.

A feeling of anxiety pervades Reverend Dr Yoman as he prays — prompting him to write this letter as he recognises the many challenges ULMWP faces and warns them that they cannot afford even the slightest misstep.

This is the time inspiring Papuans and the ULWMP leadership must remember their fallen comrades, heroes and ancestors.

Article by AsiaPacificReport.nz

Ailing suspended Papuan governor Enembe now in detention cell after army hospital

Asia Pacific Report — Fri, 11 Aug 2023 07:17:54 +0000

SPECIAL REPORT: By Yamin Kogoya

An Indonesian court has held a hearing to consider whether the ailing suspended Papua Governor, Lukas Enembe, is well enough to go on trial for the allegations of bribery and gratification that he is facing.

The hearing was held in the Central Jakarta District Court yesterday to consider a second medical opinion provided by the Indonesian Medical Association (IDI).

Corruption Eradication Commission (KPK) public prosecutors read out the IDI medical report, which stated that the defendant Enembe was fit to face trial.

Former Governor Enembe was not present at the hearing and his lawyers and family protested against the second opinion of IDI’s decision, arguing that the judgment was not based on a proper medical report but rather a view formed and collected by KPK’s doctors through interviews.

The family refused to accept this result because they believe it did not accurately represent the medical issues facing the governor.

The governor’s lawyers contend that their client is seriously ill, and they have now received an accurate medical report from the army hospital’s specialist, who has been treating Enembe for the past two weeks, since he was moved from KPK’s detention cell to Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta on July 16 due to serious health concerns.

“As a result of the explanation given by the RSPAD doctor’s team who visited Mr Enembe’s in-patient room on Monday (24/7), it was determined that Mr Enembe’s kidney function had decreased dramatically. According to Bala Pattyona, Mr Enembe’s chronic kidney has deterorated rapidly,” reports ODIYAIWUU.com.

From army hospital to cell — emotional for family
Despite serious health concerns, on July 31 the KPK came to the Army hospital and picked up Enembe, taking him to KPK’s detention cell.

Enembe’s lawyer, Petrus Bala Pattyona, revealed an emotional atmosphere when Enembe was removed from the hospital.

His wife, siblings and other relatives who were at the RSPAD were reportedly crying.

“The governor was taken by wheelchair from his room to the ambulance,” Petrus told Kompas.com on Monday night.

Petrus said that before being picked up by the KPK prosecutors, the family had refused to sign administrative documents for Enembe’s departure from RSPAD.

“Because the person who brought Mr Enembe to the hospital was a KPK prosecutor, then they are the ones who are responsible for Mr Enembe’s discharge from the hospital,” said Pattyona.

The KPK officials signed the hospital discharge papers.

Health priority request
The governor’s lawyers asked for the unwell governor to remain in the city to prioritise his medical treatment.

In response to his deteriorating health, the governor’s legal advisory team sent a letter on Thursday, July 20, to the Jakarta District Court judges.

They requested that Lukas Enembe be granted city arrest status because of his serious life-threatening illness.

The letter was signed by the governor’s legal team, including Professor Dr OC Kaligis, Petrus Bala Pattyona, Cyprus A Tatali, Dr Purwaning M Yanuar, Cosmas E Refra, Antonius Eko Nugroho, Anny Andriani and Fernandes Ratu.

According to the governor’s senior lawyer, Professor Kaligis, the application was submitted on the grounds that Enembe’s health had not improved since he had been detained in KPK’s detention cell.

Professor Kaligis said: “Our client is suffering from many complicated, serious illnesses. His kidney disease has reached stage five, he has diabetes, and he has suffered from four strokes. He is suffering from low oxygen saturation, swelling in his legs, and other internal diseases.”

In a written statement, Kaligis said Enembe’s legal counsel requested the judges to consider bail for the governor. He pleaded with the legal authorities to empathise with Enembe’s suffering.

Suharto’s case a valuable lesson
Kaligis said that while defending the late Indonesian President Suharto, his party went to Geneva on 13 June 2000 and met with the Centre for Human Rights and specifically the Human Rights Officer, Mrs Eleanor Solo.

“During that time, I was accompanied by Dr Indriyanto Seno Adji and two members of the TVRI crew because a seriously ill individual would not be suitable to [be examined] at the trial. Regardless of accusations a person might be facing, no one should be subjected to inhumane or degrading conduct,” Kaligis said.

During Kaligis’s visit to Geneva, a human rights delegation visited the residence of Suharto, ensuring that the judge who tried Suharto, the late Chief Justice of South Jakarta State, Judge Lalu Mariun, stopped the examination after receiving a fatwa from the Supreme Court.

Because Lukas Enembe is incarcerated under the authority of a panel of judges — not the KPK — Profewsaor Kaligis said they were hopeful that the request would be granted.

According to Elius Enembe, the governor’s brother and spokesman for the governor’s family, the governor was in a critical condition.

Nothing good will come from returning him to KPK’s prison cells. This is bad news for us and given the governor requires full support in terms of care needs, KPK should be held responsible should something grave occur while under their council. The Papuan people and the world are watching. There is nothing more torturous than this.

On Wednesday, 26 July 2023, the governor had his birthday, turning 56.

What should have been a happy celebration with family and the people of his homeland was abandoned for a hospital bed.

The trial is due to resume next week.

Article by AsiaPacificReport.nz

Ailing former Papuan governor Enembe now in detention cell after army hospital

Asia Pacific Report — Wed, 02 Aug 2023 10:17:57 +0000

ANALYSIS: By Yamin Kogoya

An Indonesian court has held a hearing to consider whether the ailing former Papua Governor, Lukas Enembe, is well enough to go on trial for the allegations of bribery and gratification that he is facing.