]]> http://indonesiahumanrights.org.nz/2011/09/26/strange-birds-in-paradise-screening/feed/ 0 http://indonesiahumanrights.org.nz/2011/09/26/submission-to-ministerial-inquiry-into-use-and-operation-of-foreign-charter-vessels/ http://indonesiahumanrights.org.nz/2011/09/26/submission-to-ministerial-inquiry-into-use-and-operation-of-foreign-charter-vessels/#comments Sun, 25 Sep 2011 12:12:24 +0000 editor http://indonesiahumanrights.org.nz/?p=1230 Indonesia Human Rights Committee,

Box 68-419,

Auckland.

22 September, 2011

Jenny Wood
MAF
PO Box 1020
Wellington 6140

Submission to Ministerial Inquiry into use and operation of Foreign Charter Vessels

Introduction

The Indonesia Human Rights Committee (IHRC) has been deeply concerned about the parlous situation of many Indonesian fishermen who are contracted to serve on foreign Charter boats in New Zealand waters.

There is no need to itemise the kinds of abuse suffered by these men as they have been well documented in the excellent research report: ‘Not in New Zealand’s waters, surely? Labour and human rights abuses aboard foreign fishing vessels’ by  Christina Stringer, Glenn Simmons and Daren Coulston,  recently published by the University of  Auckland in the News Zealand Asia Institute working paper series

However, from our perspective as an NGO working closely with human rights groups in Indonesia, it was a shock to find this level of abuse taking place under New Zealand’s jurisdiction.

In our work we are attempting to highlight the human rights violations experienced by vulnerable groups in Indonesia, especially in areas such as West Papua where the military maintains tight control over any expression of dissent. We did not expect to find similar kinds of abuse, including beatings and food deprivation amounting to a form of torture, to be happening in our waters at the hands of brutal fishing vessel operators.

To read the full article, click here: Submission to Ministerial Inquiry into use and operation of Foreign Charter Vessels

Box 68-419,

Auckland.

22 September, 2011

Jenny Wood
MAF
PO Box 1020
Wellington 6140

Submission to Ministerial Inquiry into use and operation of Foreign Charter Vessels

Introduction

The Indonesia Human Rights Committee (IHRC) has been deeply concerned about the parlous situation of many Indonesian fishermen who are contracted to serve on foreign Charter boats in New Zealand waters.

There is no need to itemise the kinds of abuse suffered by these men as they have been well documented in the excellent research report: ‘Not in New Zealand’s waters, surely? Labour and human rights abuses aboard foreign fishing vessels’ by  Christina Stringer, Glenn Simmons and Daren Coulston,  recently published by the University of  Auckland in the News Zealand Asia Institute working paper series

However, from our perspective as an NGO working closely with human rights groups in Indonesia, it was a shock to find this level of abuse taking place under New Zealand’s jurisdiction.

In our work we are attempting to highlight the human rights violations experienced by vulnerable groups in Indonesia, especially in areas such as West Papua where the military maintains tight control over any expression of dissent. We did not expect to find similar kinds of abuse, including beatings and food deprivation amounting to a form of torture, to be happening in our waters at the hands of brutal fishing vessel operators.

The Indonesia Human Rights Committee has been in communication with the Ministers of Labour and Fishing to urge that New Zealand should enforce the Codes of Practice which set out the legal rights of the crews of foreign fishing vessels in our territorial waters.   New Zealand should also enforce the health and safety standards that our required of all vessels operating in our territorial waters.

We are appalled that this situation has gone on for so many years and at a terrible cost paid in the lives and the futures of so many vulnerable fishermen.

If the current legal framework is inadequate to offer protection then it must be amended.

Recent events

This year the situation has been highlighted in the media as well as by the research referred to above.

The latest victims of this ongoing saga were the crews of the Oyang 75 and the Shin Ji .  These men attempted to stay in New Zealand until their claims for pay and compensation had been finalised.   IHRC urged that the New Zealand companies involved should accept responsibility for the crew members while compensation was sought from the New Zealand Charter companies involved under New Zealand’s 2006 Code of Practice on Foreign Fishing Crew  (Deed of Guarantee of Financial Obligations in Respect of Foreign Crew).

We understand that the men have now returned to their families in Indonesia, and that attempts were made by the people offering them support here to ensure that they did not suffer any further abuse or intimidation on their return.  But from the information we received, neither the voluntary support workers who assisted them nor the New Zealand Government agencies involved, were confident that all would go well for the men.

Vulnerability of Migrant Workers

The issue of forced labour and the exploitation of migrant workers is an ongoing human rights issue in Indonesia.

Since the early 1980s poverty and lack of employment opportunities have been driving thousands of Indonesians to seek work abroad.  Usually they are employed in ‘low status’ sectors doing domestic, construction or factory work.  Large numbers experience exploitative and abusive treatment and many work in conditions which meet the International Labour Organisation’s definition of forced labour as set out in Convention No 29.

In common with the situation of the fishermen, other Indonesian migrant workers are commonly contracted by agencies which charge extortionate fees putting them in a situation of debt bondage and forced labour for the initial period of their employment.

It is also well documented that migrant workers are not necessarily safe from abuse when they return to Indonesia.  They are subject to returning through a specially designated terminal at Sukarno Hatta International  Airport  and there are reports of workers experiencing further abuse and being forced to pay bribes to corrupt officials in order to obtain basic information and services.

The Indonesian Government has taken action when its migrant workers have suffered abuse in another country.  For example there is currently a moratorium on migrant workers going to Saudi Arabia, following a case where a migrant worker accused of a serious crime was beheaded.  Indonesia was not informed prior to this execution of its national.  Indonesia is also seeking to establish bilateral agreements with countries that receive its migrants as a means of attempting to protect their rights.

However, little is being been done to address the roots of the forced labour problem – the agents who profit by recruiting poor villagers for unscrupulous employers in other countries.

The Justice system and rule of law in Indonesia

It is highly unlikely that the crew of charter vessels will be able to seek justice in Indonesia.    Indonesia’s justice system does not work well for poor citizens.  Most observers agree that for the middle classes the law can provide an effective redress for grievances as these people are in a position to afford lawyers or to manipulate and buy off legal authorities.

A major report [1] prepared by the International Federation for Human Rights (FIDH) in conjunction with  Indonesia’s respected human rights groups, Kontras and  Imparsial refers to the issue of judicial independence:

‘ most observers agree that the judiciary remains susceptible to influence from outside parties, including business interests, politicians, and the security forces. Corruption remains a salient problem, and low salaries continue to be a factor in the acceptance of bribes. Bribes and extortion often influence prosecution, conviction, and sentencing in civil and criminal cases…As a result of an independent fact-finding team’s investigation, President Yudhoyono appointed a Task Force to Eradicate Judicial Mafias (“judicial mafias” is the name in Indonesia for the groups racketeering in court cases) tasked with investigating the network of case brokers and influence peddlers who act as intermediaries in judicial cases.’

In contrast to New Zealand, it is also very difficult to complain about inadequate service from a public official. Criminal libel, slander, and “insult” laws prohibit deliberately “insulting” a public official and or publicising  statements that potentially harm another person’s reputation, even if the statements are true.

Military impunity remains strongly entrenched and allegations of serious human rights abuses against the police or military are seldom investigated or prosecuted.  The few exception to this generalisation involve cases which have been given major publicity internationally, such as the high profile West Papua torture case which was captured on film and widely circulated on the internet in 2010.

Conclusion

We acknowledge that Indonesia is a society in transition from authoritarian rule to democracy, but we believe it is important to take note of the structural problems in Indonesia in terms of labour rights, migrant worker rights, the legal system and the prevailing climate of impunity with respect to the security forces.

New Zealand is a prosperous democratic country with a well-established legal system and many checks and balances to protect citizens from the abuse of power.  It is our responsibility to ensure that everyone who is working or living under our jurisdiction is treated as fairly and justly as one of our own citizens.  In fact the moral responsibility is very great when those who are being mistreated are so vulnerable to exploitation and have so few means of redress.

We recommend that the regulatory systems governing foreign fishing vessels be strengthened so that no similar abuse takes place again.   All those operating or chartering fishing vessels that operate in our waters must be clear that workers’ rights must be upheld at all times and that transgressors will be excluded from fishing in our territorial waters.

We would like the opportunity to be heard, preferably in Auckland,  with respect to this submission.

Maire Leadbeater

For the Indonesia Human Rights Committee, Auckland

Box 68-419,

Auckland.

Dear Prime Minister,

The Indonesia Human Rights Committee draws to your attention the ongoing
human rights abuses suffered by the indigenous Melanesian people of West
Papua.

You will be aware that West Papua has now been controlled by Indonesia for
48 years since Indonesia took control from the United Nations Temporary
Executive Authority (UNTEA) in 1963. Since that time tens of thousands of
lives have been lost in the ensuing conflict.

Currently West Papuan leaders are committed to non-violent means to achieve
their aspirations and to resolve problems and grievances. There have been
repeated calls to the Government in Jakarta for a process of peaceful
dialogue.

In recent weeks, perhaps inspired by the democracy uprisings in the Middle
East, there have been thousands-strong peaceful demonstrations in West
Papua when the people have rallied to call for a new self-determination
referendum and also to a call for the release of all political prisoners.

Click here for the full article: Letter to NZ Prime Minister from the IHRC

Dear Prime Minister,

The Indonesia Human Rights Committee draws to your attention the ongoing
human rights abuses suffered by the indigenous Melanesian people of West
Papua.

You will be aware that West Papua has now been controlled by Indonesia for
48 years since Indonesia took control from the United Nations Temporary
Executive Authority (UNTEA) in 1963. Since that time tens of thousands of
lives have been lost in the ensuing conflict.

Currently West Papuan leaders are committed to non-violent means to achieve
their aspirations and to resolve problems and grievances. There have been
repeated calls to the Government in Jakarta for a process of peaceful
dialogue.

In recent weeks, perhaps inspired by the democracy uprisings in the Middle
East, there have been thousands-strong peaceful demonstrations in West
Papua when the people have rallied to call for a new self-determination
referendum and also to a call for the release of all political prisoners.

The demonstrators were calling for a new referendum because the West Papuan
people were never consulted about the transfer of control to Indonesia in
1963. The subsequent “Act of Free Choice” in 1969 was carried out in a
fraudulent manner which was far from a genuine act of self determination.
It is now widely accepted the 1969 vote was actually a manipulated “Act of
No Choice’. Only 1,022 West Papuan men voted to join Indonesia under
threat of violent reprisal if they did not take part.

In West Papua any display of political dissent is an act of courage as the
military and police often respond with violence and arrests are frequent.

Many political prisoners are in jail for nothing more than taking part in
peaceful events where the banned West Papua Morning Star flag was raised.
The best known of these is Filep Karma who was jailed for taking part in a
flag-raising ceremony in 2004. He is an Amnesty Prisoner of Conscience, and
has experienced distressing health problems while incarcerated. Despite
having surgery for a prostate complaint last year, he is understood to be in
poor health now. No outside agency such as the Red Cross has been able to
verify the worrying reports that his weight is dropping and that his
nutrition is not adequate.

.

Last year a shocking case of torture was given prominent international
coverage as the episode was captured on video and widely broadcast on
Youtube and some web sites. The video showed several men in military
fatigues torturing two Papuan farmers. The victims were threatened with
sharp weapons and one had a burning bamboo stick applied to his genitals.
The torture of the men prompted a wave of international criticism with human
rights organisations around the world condemning the actions of the
Indonesian military.

Prompted by the international outcry and diplomatic appeals from western
governments Indonesia conducted a trial of the soldiers involved. However,
the accused appeared before a military tribunal where they received ’slap on
the wrist’ sentences of no more than 10 months. They were only charged with
disobeying orders and were not discharged from the military.

Many international and Indonesian human rights groups have reported on the
level of militarisation and violence in West Papua. Respected Indonesian
NGOs such as Imparsial and the Legal Aid Foundation have concluded that
intimidation torture, sexual violence and beating on the part of the
military are the norm in West Papua.

The visits of international journalists and humanitarian workers are
severely restricted and it is important to note that the Red Cross was
forced to close its office two years ago and that Peace Brigades
International (PBI) was forced to leave earlier this year. PBI, which
operates openly and always communicates with the local authorities, was
providing unarmed protection to human rights defenders at risk in West
Papua.

West Papuans must also contend with the exploitation of their rich timber
and mineral resources and the resulting social and environmental disaster
that results from large scale mining and deforestation. Most recently local
people in Merauke in the south of the territory have joined together to
oppose a large scale agribusiness project that will involve a takeover of
ancestral land and fragile ecosystems for the planting of crops and palm
oil.

The indigenous West Papuan people are now close to being a minority in their
own land due to a constant influx of migrants from other parts of Indonesia,
and are experiencing an epidemic of HIV/AIDs.

The Indonesia Human Rights Committee believes that the Pacific Islands Forum
has a responsibility to help with a resolution of this longstanding Pacific
conflict.

In recent years the Forum has expanded the various categories for those
who can attend as observers. New Caledonia and French Polynesia,
previously Forum Observers, were granted Associate Membership in 2006.
Current Forum Observers include Tokelau (2005), Wallis and Futuna (2006),
the Commonwealth (2006), the United Nations (2006) and the Asian Development
Bank (2006), with Timor Leste as Special Observer (2002).

The Indonesia Human Rights Committee believes that it is now time for the
Forum to bring the Melanesian people of West Papua back into the Pacific
community. A West Papuan representative attended the first South Pacific
Commission (SPC) meeting and West Papuans continued to participate in the
SPC meetings until the Dutch ceded their authority to the United Nations
Temporary Executive Authority (UNTEA) in 1962.

The Indonesia Human Rights Committee calls on the Forum leaders to grant
observer status to genuine representatives of the West Papuan people who are
struggling for their right to self determination at the 42nd Meeting of the
Pacific Islands Forum to be held in Auckland in September 2011.

The Indonesia Human Rights Committee urges the Forum Leaders to devote
serious attention to West Papua’s deteriorating human rights situation at
its forthcoming summit. The Forum should also consider making a strong
public statement of concern regarding the human rights situation and raise
its concerns about the situation in West Papua with the Indonesian
President. The Forum should request the Indonesian President to release all
political prisoners as a sign of good faith to the West Papuan people. The
President should also be requested to allow a regional fact finding mission
to go to West Papua to see the human rights situation at first hand.

The Forum should also offer to help facilitate dialogue between genuine
representatives of the West Papuan leadership and the Indonesian Government

Yours sincerely,

Maire Leadbeater,

(for the Indonesia Human Rights Committee)

To download these as PDF’s, click below:

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When General Suharto, the west’s man, seized power in Indonesia in the mid-1960s, he offered “a gleam of light in Asia”, rejoiced Time magazine. That he had killed up to a million “communists” was of no account in the acquisition of what Richard Nixon called “the richest hoard of natural resources, the greatest prize in South-east Asia”.

In November 1967, the booty was handed out at an extraordinary conference in a lakeside hotel in Geneva. The participants included the most powerful capitalists in the world, the likes of David Rockefeller, and senior executives of the major oil companies and banks, General Motors, British American Tobacco, Imperial Chemical Industries, American Express, Siemens, Goodyear, US Steel. The president of Time Incorporated, James Linen, opened the proceedings with this prophetic description of globalisation: “We are trying to create a new climate in which private enterprise and developing countries work together for the greater profit of the free world. The world of international enterprise is more than governments . . . It is a seamless web, which has been shaping the global environment at revolutionary speed.”

Suharto had sent a team of mostly US-groomed economists, known as the “Berkeley Boys”. On the first day, salutations were exchanged. On the second day, the Indonesian economy was carved up. This was done in a spectacular way: industry in one room, forests and fisheries in another, banking and finance in another. The ultimate prize was the mineral wealth of West Papua, almost half of a vast and remote island to the north of Australia. A US and European consortium was “awarded” the nickel and gold. The Freeport company of New Orleans got a mountain of copper. Forty-two years later, the gold and copper make more than a million dollars profit every day.

For the Indonesian elite, enrichment was assured. From 1992 to 2004, Freeport provided $33bn in direct and indirect “benefits”, much of it finding its way to the Indonesian military, the real power in the land, which “protects” foreign investments in the manner of a mafia. The reward for the people of West Papua has been a rate of impoverishment double that of the rest of Indonesia, says a World Bank report. At Bintuni Bay, where BP is exploiting natural gas, 56 per cent of the people live in abject poverty. “More than 90 per cent of villages in Papua do not have basic health facilities,” the report noted. In 2005, famine swept the district of Yahukimo, where virgin forests and gas deposits deliver unerring profit. The suffering of West Papuans is seldom reported; the Indonesian government bans foreign journalists and human rights organisations such as Amnesty from the hauntingly beautiful territory known by its indigenous people as “the forgotten bird of paradise”.

When the carve-up of its natural wealth took place, West Papua was not part of but merely claimed by Indonesia, whose former colonial masters, the Dutch, recognised no historical or cultural ties to Jakarta and began to prepare the territory for independence. The Indonesians were having none of it; neither were the Americans, the British and the Australians, who invented a cold-war tale that the Russians were coming. In 1962, the Dutch handed the colony to the United Nations, which promptly gave it “on trust” to Indonesia on condition that the West Papuans would vote on their future.

In 1969, an “Act of Free Choice” took place. The Indonesians hand-picked 1,026 West Pa­pu­an men and ordered them to vote for integration with Jakarta. Guns were pointed at heads, literally. When two West Papuans escaped in a light aircraft, hoping to reach New York and alert the UN general assembly, they were detained by the Australian government after landing at nearby Manus Island, which Australia administered. West Papuan villages wanting a genuine “act of free choice” were strafed and bombed by Indonesia’s US-equipped air force.

West Papua would have slipped into oblivion had it not been for a resistance, the OPM, or Free Papua Movement, whose endurance has defied almost impossible odds. The Indonesians have been unsparing in their oppression, aided by British-made machine guns and Tactica water cannon vehicles. When Suharto was deposed in 1998, the people on the island of Biak celebrated by singing hymns of thanksgiving and raising West Papua’s Morning Star flag. For this, 150 of them were murdered by the ­Indonesian military. In 2004, Filep Karma and Yusak Pakage were sentenced to 15 and ten years respectively for raising the flag, an immeasurable act of bravery in a country effectivelly controlled by a Gestapo-style force known as Kopassus, which conducted the genocide in East Timor. According to a study by Yale University, the destruction of West Papuan society is also genocide.

The post-Suharto regime in Jakarta likes to regard itself as a respectable democracy and is vulnerable to pressure on West Papua. In Britain, the mining giant Rio Tinto, formerly a shareholder in Freeport, retains a joint-venture interest that has earned fortunes for the company. On the rare occasions that the British Foreign Office is challenged about the behaviour of Jakarta in West Papua, officials drone about “respecting the territorial integrity of Indonesia”, echoing decades of Foreign Office mendacious apologies for the slaughter in East Timor. The US State Department’s reponse is the same.

And yet East Timor slipped Suharto’s leash and is now free, thanks to the resilience of its people and an international network. The people of West Papua deserve nothing less. On 1 December, which West Papuans call their independence day, those exiled in Britain and their supporters will break the silence outside the Indonesian embassy in London.