Prominent West Papuan independence activist Victor Yeimo was yesterday released from prison in Jayapura, Indonesia’s occupied capital of West Papua, sparking a massive celebration among thousands of Papuans.

His release has ignited a spirit of unity among Papuans in their fight against what they refer to as racism, colonialism, and imperialism.

His jailing was widely condemned by global human rights groups and legal networks as flawed and politically motivated by Indonesian authorities.

“Racism is a disease. Racism is a virus. Racism is first propagated by people who feel superior,” Yeimo told thousands of supporters.

He described racism as an illness and “even patients find it difficult to detect pain caused by racism”.

Victor Yeimo’s speech:

“Racism is a disease. Racism is a virus. Racism is first propagated by people who feel superior. The belief that other races are inferior. The feeling that another race is more primitive and backward than others.

“Remember the Papuan people, my fellow students, because racism is an illness, and even patients find it difficult to detect pain caused by racism.

“Racism has been historically upheld by some scientists, beginning in Europe and later in America. These scientists have claimed that white people are inherently more intelligent and respectful than black people based on biological differences.

“This flawed reasoning has been used to justify colonialism and imperialism in Africa, Asia, and the Pacific, with researchers misguidedly asserting genetic and ecological superiority over other races.

“Therefore, there is a prejudice against other nations and races, with the belief that they are backward, primitive people, belonging to the lower or second class, who must be subdued, colonised, dominated, developed, exploited, and enslaved.

“Racism functions like a pervasive virus, infecting and spreading within societies. Colonialism introduced racism to Africa, Asia, and the Pacific, profoundly influencing the perspectives and beliefs of Asians, Indonesians, and archipelago communities.

“It’s crucial to acknowledge that the enduring impact of over 350 years of racist ideology from the Dutch East Indies has deeply ingrained in generations, shaping their worldview in these regions due to the lasting effects of colonialism.

“Because racism is a virus, it is transmitted from the perpetrator to the victim. Colonised people are the victims.

“After Indonesia became independent, it succeeded in driving out colonialism, but failed to eliminate the racism engendered by European cultures against archipelago communities.

“Currently, racism has evolved into a deeply ingrained cultural phenomenon among the Indonesian population, leaving them with a sense of inferiority as a result of their history of colonisation.

“Brothers and sisters, I must tell you that it was racism that influenced Sukarno [the first President of Indonesia] to say other races and nations, including the Papuans, were puppet nations without political rights.

“It is racist prejudice.

“There is a perception among people from other nations, such as Javanese and Malays, that Papuans have not advanced, that they are still primitives who must be subdued, arranged, and constructed.

“In 1961, the Papuans were building a nation and a state, but it was considered an impostor state with prejudice against the Papuans. It is important for fellow students to learn this.

“It is imperative that the Papuan people learn that the annexation of this region is based on racist prejudice.

“The 1962 New York Agreement, the 1967 agreement between Indonesia and the United States regarding Freeport’s work contract, and the Act of Free Choice in 1969 excluded the participation of any Papuans.

“This exclusion was rooted in the belief that Papuans were viewed as primitive and not deserving of the right to determine their own political fate. The decision-making process was structured to allow unilateral decisions by parties who considered themselves superior, such as the United States, the Netherlands, and Indonesia.

“In this arrangement, the rightful owners of the nation and homeland, the Papuan people, were denied the opportunity to determine their own political destiny. This unequal and biased treatment exemplified racism.”

Victor Yeimo’s imprisonment
According to Jubi, a local West Papua media outlet, Victor Yeimo, international spokesperson of the West Papua Committee National (KNPB), was unjustly convicted of treason because he was deemed to have been involved in a demonstration protesting against a racism incident that occurred at the Kamasan III Papua student dormitory in Surabaya, East Java, on 16 August 2019.

He was accused of being a mastermind behind riots that shook West Papua sparked by the Surabaya incident, which led to his arrest and subsequent charge of treason on 21 February 2022.

However, on 5 May 2023, a panel of judges from the Jayapura District Court ruled that Victor Yeimo was not guilty of treason.

Nevertheless, the Jayapura Court of Judges found Yeimo guilty of violating Article 155, Paragraph (1) of the Criminal Code.

The verdict was controversial because Article 155, Paragraph (1) of the Criminal Code was never the charge against Victor Yeimo.

The article used to sentence Victor Yeimo to eight months in prison had even been revoked by the Constitutional Court.

On 12 May 2023, the Public Prosecutor and the Law Enforcement and Human Rights Coalition for Papua, acting as Victor Yeimo’s legal representatives, filed appeals against the Jayapura District Court ruling.

On 5 July 2023, a panel of judges of the Jayapura High Court, led by Paluko Hutagalung SH MH, together with member judges, Adrianus Agung Putrantono SH and Sigit Pangudianto SH MH, overturned the Jayapura District Court verdict, stating that Yeimo was proven to have committed treason, and sentenced him to one year in imprisonment.

Jubi.com stated that the sentence ended, and at exactly 11:17 WP, he was released by the Abepura Prerequisite Board.

International response
Global organisations, such as Amnesty International and Human Rights Watch have condemned the Indonesian government’s treatment of Papuans and called for immediate action to address the issue of racism.

They have issued statements, conducted investigations, and raised awareness about the plight of Papuans, urging the international community to stand in solidarity with them.

Yeimo’s release brings new hope and strengthens their fight for independence.

His release has not only brought about a sense of relief and joy for his people and loved ones but has also reignited the flames of resistance against the Indonesian occupation.

At the Waena Expo Arena in Jayapura City yesterday, Yeimo was greeted by thousands of people who performed traditional dances and chanted “free West Papua”, displaying the region’s symbol of resistance and independence — the Morning Star flag.

Thousands of Papuans have united, standing in solidarity, singing, dancing, and rallying to advocate for an end to the crimes against humanity inflicted upon them.

Victor Yeimo’s bravery, determination and triumph in the face of adversity have made him a symbol of hope for many. He has inspired them to continue fighting for justice and West Papua’s state sovereignty.

Papuan communities, including various branches of KNPB offices represented by Victor Yeimo as a spokesperson, as well as activists, families, and friends from seven customary regions of West Papua, are joyfully celebrating his return.

Many warmly welcome him, addressing him as the “father of the Papuan nation”, comrade, and brother, while others express gratitude to God for his release.

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

The Jayapura High Court has found West Papuan human rights and social justice activist Victor Yeimo guilty of treason and sentenced him to one year in prison in an appeal judgement this week.

The verdict was delivered during a public session held by the panel of judges headed by Paluko Hutagalung, with Adrianus Agung Putrantono and Sigit Pangudianto, serving as member judges.

The charges against Yeimo, the international spokesperson of the West Papua National Committee, stem from his alleged involvement in the Papuan anti-racism protest condemning racial slurs targeting Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.

Yeimo was accused of leading the demonstrations that occurred in Jayapura City on August 19 and 29, 2019.

The Jayapura High Court imposed a harsher criminal sentence than the previous verdict on May 5, 2023.

In the previous ruling, the court found Victor Yeimo guilty of violating Article 155 paragraph (1) of the Criminal Code, which pertains to the public display of writings or images containing expressions of hostility, hatred, or contempt towards the Indonesian government.

Yeimo was then sentenced to 8 months’ imprisonment.

Stirred controversy
The earlier verdict stirred controversy because the charge of Article 155 paragraph (1) of the Criminal Code was not initially brought against Victor Yeimo. Also, the legal article used to sentence him had already been invalidated by the Constitutional Court.

On May 12, 2023, both the public prosecutor and the Coalition of Law Enforcement and Human Rights for Papua, representing Yeimo as his legal counsel, appealed against the court ruling.

In the appeal decision, the Jayapura High Court overturned the previous decision, found Yeimo guilty of treason, and upheld the initial one-year prison sentence requested by the public prosecutor.

The panel of judges at the Jayapura High Court stated that the time Yeimo had already spent in arrest and detention would be fully deducted from the imposed sentence and ordered him to remain in detention.

Republished with permission.

Article by AsiaPacificReport.nz

By Elaine Pearson

Indonesian President Joko Widodo (known as Jokowi) addressed Australia’s Parliament yesterday.

Indonesia is often referred to as the democratic success story of Southeast Asia and a model of Muslim democracy, yet it has been responsible for significant backsliding on human rights in recent years.

This backsliding is serious enough that Australian leaders should ask Jokowi some hard questions during his Canberra visit.

READ MORE: Joko Widodo uses historic speech to call for greater action to tackle climate change

Here are five current human rights concerns:

1. Indonesia’s draconian new Criminal Code
Indonesia has been working on updating its colonial-era Criminal Code for decades. Now Indonesia’s Parliament is discussing a new draft code with a raft of problematic provisions that would be disastrous for women and minorities, and for many Indonesians in general.

The new code proposes to punish extramarital sex with up to one year in jail and unmarried couples who live together with six months. Consensual sex between adults should never be a crime, and this law would disproportionately affect lesbian, gay, bisexual and transgender (LGBT) people.

While it does not mention same-sex conduct, same-sex relationships are not legally recognised in Indonesia, so it would effectively criminalise all same-sex conduct.

The code also would criminalise disseminating information about contraception as well as criminalising some abortions. It would expand the toxic blasphemy law, which has been used to target religious minorities.

While Jokowi delayed the vote following mass protests against the proposed code last year, he should show leadership in ensuring that abusive provisions are removed. These provisions not only violate Indonesia’s human rights obligations but will help foment hatred and discrimination against certain groups.

2. Rising discrimination and attacks against LGBT people
While some gay and lesbian Australians might not think twice about visiting Bali for a holiday, they should be concerned about the rise in hateful rhetoric, discrimination and violence against LGBT people in Indonesia.

Since early 2016, Indonesian politicians, government officials, and state offices have issued anti-LGBT statements – calling for everything from criminalisation to “cures” for homosexuality, to censorship of information about LGBT people and of positive reporting on their activities.

The government’s failure to halt arbitrary and unlawful raids by police and militant Islamists on private LGBT gatherings has effectively derailed public health outreach efforts to vulnerable populations. Last November, Indonesia’s ombudsman revealed that a number of ministries openly discriminate against LGBT people in job postings, saying that applicants “must not be mentally disabled and not show sexual orientation or behavioral deviations.”

3. No UN access for West Papua
The 2019 Pacific Island Forum Leaders’ statement, signed by all Pacific nations including Australia, expressed concern about “reported escalation in violence and continued allegations of human rights abuses in West Papua (Papua)” and urged the Indonesian government to honour Jokowi’s 2018 promise to allow the UN Human Rights Office to visit the two provinces and report on the situation before the next Pacific Island Forum’s leaders meeting this year.

But the UN Human Rights Office has still had no access to West Papua. And last year’s protests and violence, in which at least 53 people – both Papuans and migrants from other parts of Indonesia – were killed and hundreds more wounded, make the visit even more urgent. Precise estimates on deaths are difficult because access to Papua is limited.

Indonesian authorities have detained and charged at least 22 people for peaceful acts of free expression – mainly for raising the pro-Papuan independence Morning Star flag or speaking about “West Papua independence” in public. They are charged with  treason (makar) and face up to 20 years in prison.

4. Rising religious intolerance
Indonesia’s blasphemy law punishes deviations from the central tenets of Indonesia’s six officially recognised religions – Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism – with up to five years in prison. The blasphemy law is alarmingly used for political purposes and to target religious minorities.

The highest-profile victim of the law was the former Jakarta governor, Basuki Purnama (Ahok), sentenced in 2017 to two years in prison for allegedly defaming Islam in a speech to fishermen on Seribu Islands, near Jakarta. More recently, a woman was sentenced to 18 months in prison for complaining about the level of a mosque’s loudspeaker.

These are among a number of worrying signs of growing efforts by the government to impose religious conservatism.

Local and provincial-level governments in at least five provinces have introduced decrees mandating that women and girls must wear the hijab in civic buildings, universities and schools. Schools have enforced these regulations in more than a dozen provinces, even on non-Muslim students.

5. Defence Minister implicated in abuses
Imagine what would happen if an Australian soldier discharged from the military for human rights abuses and disobeying orders became our Defence Minister. That is exactly what has happened in Indonesia, when last year Jokowi appointed his presidential opponent, Prabowo Subianto, to the post.

The Indonesian army dismissed Prabowo in 1998 over allegations of kidnapping of more than two dozen activists in 1997-98 during the fall of Suharto. He has also been accused of abuses in East Timor during his time there as a Kopassus commander.

Indonesia’s military has a long  record of impunity for killings and enforced disappearances. That is sadly unlikely to improve under Prabowo’s leadership of one of Indonesia’s most powerful institutions.

President Jokowi has another four years to take concrete steps to protect the human rights and freedoms for  all Indonesians. But unless he takes steps to stop the backsliding, Indonesia may face much bigger social and political crises.

Elaine Pearson is Australia director of Human Rights Watch. This article has been republished from HRW.

Article by AsiaPacificReport.nz

Let’s face it. For every beginning there is an end. And for every end there is a reward to be extended, the quality of which would depend entirely on how keenly persevering the attempt would be.

Still, now that Christmas is behind us, and another New Year is moving along steadily as we all knew it would, perhaps the time is right to get back to that rather eager grindstone, and let’s start hacking away at those fretful scruples, one more time.

So let’s begin with the story titled “Parliament brings back Criminal Libel” which Prime Minister, Tuilaepa Sailele Malielegaoi, had for months been agonising over to the point where he literarily ended up making a fool of himself, to the delight of virtually everyone else.

Published in the Samoa Observer on 20 December 2017, the story said: “Parliament yesterday endorsed the government’s plan to re-introduce the Criminal Libel Act into the law books of Samoa.

“Abolished by the ruling Human Rights Protection Party in 2013, Members of Parliament unanimously agreed to bring back the law, when Parliament reconvened for the last time this year at Tuana’imato yesterday, 21 December 2017.”

Amazing!

The story went on to say: “The bill passed the first, second and third reading, within less than an hour.”

Wonderful!

‘Ghost writers’
It continued: “Prime Minister, Tuilaepa Sa’ilele Mailielegaoi, has been instrumental in bringing back the law, as part of a government-driven effort to clamp down on ‘ghost writers’ such as ‘Ole Palemia’ and others who use fake social media pages, to attack members of the public.”

Now let’s wait a second. Who were these so-called ‘ghost writers’ that Prime Minister Tuilaepa was talking about back there? Indeed, who is the chap called ‘Ole Palemia.’”

It appears that neither Prime Minister Tuilaepa nor anyone else knows!

In fact, the story doesn’t say.

All it says is that: “The Speaker of Parliament, Leaupepe Tole’afoa Fa’afisi, said the re-introduction of the law was expedited due to the urgent nature of the issues it sets out to deal with.”

Urgent? How urgent?

If the re-introduction of the law was urgent, why is it that the entire police force had not been activated with the idea of turning every stone upside down – pardon the pun – to ensure that this joker named ‘O le Palemia’ whom it seems everyone is afraid of, is found and be thrown in jail where he rightly belongs?

Now wait.

Joining the circus
We’ve got the Minister of Justice and the Courts Administration, Fa’aolesa Katopau Ainuu, joining the circus.

As the joker who introduced the Criminal Libel Bill in Parliament, he said: “The law is not new. This amendment is in relation to defamation.”

He went on to explain: “Currently, there is a clause to have this case before the Court for a civil claim. The amendment today is to add on the criminal prosecution for defamation.”

“People have asked as to why we need to reinstate the criminal libel when the matter can be dealt with through civil.”

Fa’aolesa also said: “In a civil claim, there is a need for lawyers to represent your case and most of our people cannot afford a lawyer; whereas (with) Criminal Libel the matter can be prosecuted by the police and you would not need a lawyer.”

Now isn’t that wonderful!

Is he saying that if you were ‘O le Palemia’, you could go on and accuse Samoa’s political leaders of all sorts of alleged criminal activities including being corrupt and fraudulent, and you would still not be prosecuted for doing so by the police?

Legal opinions
According to the Minister of Justice Fa’aolesa, the Law of Criminal Libel was “abolished back in 2013 based on legal opinions of some lawyers.”

“However, the government sees the need to reinstate this law following requests by members of the public who want to pursue cases before the court, but cannot afford a legal counsel.”

He said: “The Bill amends the Crimes Act 2013 with introduction of a new Part 9A for crimes against a person’s reputation.”

“This Part is ‘False statement causing harm to a person’s reputation.”

“The rationale for introducing the offence is to address harm done to a person’s reputation by another person who publishes false information about that person.”

“This is similar to defamatory libel and although civil proceedings for defamation are available to the public, the reality is, not all Samoans have access to these proceedings as not all are able to afford legal services required for such proceedings.”

He’s probably right.

Criminal complaint
Later still, on 8 May 2008, the Attorney General of the government of American Samoa, Fepulea’i Authur Ripley, filed a claim in the District Court of American Samoa naming Katopau Ainu’u, as the defendant in a criminal complaint.

Katopau was accused of having committed two crimes, one of Embezzlement and the other of Criminal Fraud. On the charge of Embezzlement, court documents showed that “on 3 November 2006, the Defendant knowingly misappropriated funds which had been entrusted to him in violation of ASCA 46.4104, a class C felony punishable by imprisonment for up to seven years, a fine of up to double the amount gained by the crime, or both.”

On the charge of Criminal Fraud, court documents showed that “on 3 November 2006, the Defendant knowingly and wilfully obtained money by the use of a scheme to defraud by false pretences.”

To that extent, the Defendant agreed to represent the victims(s) as an attorney, in a matai case; on that day, Defendant took payment from victim(s) as payment to represent victim(s) in a count case, while at the same time knowing that the Defendant was moving off-shore …”

Now 10 years later, in March 2016, Samoa held its general elections and the defendant, Katopau Ainu’u, who was now holding the matai title of Fa’aolesa, ran for Parliament and he was elected.

What’s undisputed though is that Fa’aolesa Katopau Ainu’u had worked as a lawyer in American Samoa at one point in time. Later when he moved to Samoa, he entered Parliament and became the Minister of Justice.

Ghosts of the past
Later, when Prime Minister Tuilapea chose his cabinet, he named Fa’aolesa the Minister of Justice, and shortly afterwards the ghosts of the past, having stirred into life, emerged to give both Fa’aolesa and Tuilaepa a hard time.

Asked for a comment on the reports, Tuilaepa said he was “shocked” by them. “I have spoken with the Minister (concerned) who is (also) shocked (by them).”

Tuilaepa revealed that Fa’aolesa “has contacted his lawyer in American Samoa who is also shocked about it, and (from what he’s been told) the matter had been resolved a long time ago but it has been dug up again.”

Shocked?

The editorial that was published in the Samoa Observer at the time was titled: Prime Minister Tuilaepa’s gift from American Samoa.

What is the meaning of the word “shock” these two are talking about here? Please don’t ask me to try and explain anything.

All I can say is that when this newspaper asked Fa’aolesa for a comment, he said he was unaware about the warrant; he then asked for a copy so that he could look at it before he could comment.

Copies of the “warrant” were sent to him but by press time that night he had not responded.

Investigation
Over there in American Samoa at the time, the current Attorney-General, Talauega Eleasalo Ale, said his office was conducting an investigation into the matter.

“This is something that happened before I came into office,” he said. “(We) are definitely looking into it.”

He also said all he knew was that “the matter is still valid and apparently it’s still in the books of the Court, and therefore it is still outstanding.”

“It’s a matter that’s up to the law enforcement and the Police to enforce if the person is in our jurisdiction.”

“(As for) the background and reasons for the warrant, those facts are still out there. I don’t know what happened.”

He explained: “The warrant is valid and if he is in American Samoan jurisdiction he can be arrested by the Police in pursuant to the Court’s warrant.”

Here in Samoa on the other hand, it appears that the embattled Minister of Justice, Courts and Administration, Fa’aolesa Katopau Ainu’u, is a worried man.

He is apparently seeking to quash the outstanding warrant of arrest made against him in American Samoa with the aid of his American Samoan lawyer, he revealed in a telephone interview.

“My lawyer will make a motion to quash the warrant,” he said. “The delay is because they are trying to find the affidavit to support the warrant.”

“There was nothing at the Attorney-General’s office and they are also looking for a copy from the Court.”

Asked if he was going to American Samoa when the matter would be heard in Court, Fa’aolesa said no. “It’s being done by my lawyer,” he said.

“Once I get the results I’ll call you for my official response. In the meantime, I cannot say anything more that might compromise my lawyer’s work.”

No call
To date, Fa’aolesa has not called.

As for Prime Minister Tuilaepa Sailele Malielegaoi, is it possible that he would one day soon, turn his back on his gift, from American Samoa.

Indeed, can the law of Criminal Libel be used to prosecute government officials, who are alleged to have committed fraud and embezzlement, in corrupt ridden Samoa?

Just a thought!

Have a peaceful Sunday Samoa. God bless!

Editorial republished from the Samoa Observer via Pacific Media Watch.

Article by AsiaPacificReport.nz