Minggu, 08 Januari 2012
TPN-OPM letter in Paniai: We Will Not Give Up
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| Gen Jhon Yogi bersama pasukan (foto jubi) |
"We TPN throughout Papua OPM will never give up and will continue to fight the Indonesian authorities to the death," he wrote in a letter dated January 5, 2012. "We only hold Ukaa Mapega (bow and arrow, Ed.), But we rely on God, we are ready to face Brimob Police Headquarters and Detachment 88 as Indonesia's elite troops, equipped with modern weapons and today they still control Paniai area, "he added.
Two other statements that asserted in his letter, first: the United Nations (UN), United States and the Netherlands immediately responsible for the mistakes of the past at the expense of the people of Papua. Second, the United Nations and the United States to take immediate steps to resolve the Papua issue, because the problem will never be finished with all bids and forms of development by Indonesia.
"We will never give up. The people who lived in villages near the forest and always considered TPN OPM, though they were ordinary people. Even now they're chasing us TPN OPM IV Division II Makodam Paniai regency. We are not free from military pressure in the wilderness Paniai, because the police chief has ordered a lot of Palm II Brimob Depok, East Kalimantan and Detachment 88 comes surrounded our camp. They threaten our lives. Troops sent it disturb our peace, and we want the war to finish off TPN OPM, "he wrote.
Since the siege and attack on the headquarters Eduda, December 13, 2011, said John, a member of TPN OPM IV Division II Makodam Pemka Paniai still survive in the forest. That does not mean surrender.
He wrote at the end of the letter, "Every man and tribe has rights that must be respected by anyone, including the right to self-determination. Right this is what we people of Papua to the UN demanded that silent when our rights taken away by the Indonesian authorities and the United
source:http://www.tabloidjubi.com/
00.29 0
It's sheer bloody murder, right on our doorstep
What the Indonesian military is doing is criminal and barbaric, writes Charlie Hill-Smith.
THE highest mountains between the Himalayas and the Andes
are the snow-topped crags of West Papua (4884 metres). A tropical
glacier pokes out of the sweltering green of Asia's largest rain
forests. This is the second largest island on earth, with 15 per cent of
all the world's languages, an encyclopaedic biodiversity and a new El
Dorado for our resource-hungry world.
Most of us know little about the shady goings-on inside
the giant forested island just to our north. But a constant trickle of
murders, disappearances, arrests, torture and a wave of mass civil
actions have raised the international volume of this previously silent
war.
In 1999, we caught a glimpse of the murderous behaviour
of the Indonesian military (TNI) as they butchered, raped and burnt the
civilian population of East Timor, and it is these same forces that now
run West Papua.
00.26 0
Kamis, 05 Januari 2012
International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI)
of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49
Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.
Article 4
1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.
Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.
PART III
Article 6
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
3.
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:
(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;
(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2.
(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Article 12
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13
An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
Article 14
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
Article 15
1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 18
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to found a family shall be recognized.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
Article 26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
PART IV
Article 28
1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.
2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.
3. The members of the Committee shall be elected and shall serve in their personal capacity.
Article 29
1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.
2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
Article 30
1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.
2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.
3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.
4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
Article 31
1. The Committee may not include more than one national of the same State.
2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.
Article 32
1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.
2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.
Article 33
1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.
2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.
Article 34
1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.
2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.
3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.
Article 37
1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two years. They may be re-elected.
2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the members present.
Article 40
1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.
3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.
4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.
Article 41
1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:
(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;
(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;
(d) The Committee shall hold closed meetings when examining communications under this article;
(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;
(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.
Article 42
1.
(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.
2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its own rules of procedure.
4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.
6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.
7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:
(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;
(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;
(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;
(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.
8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.
9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.
10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.
Article 43
The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.
PART VI
Article 48
1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.
Article 50
The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.
Article 51
1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.
Article 52
1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.
Article 53
1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.
--------------------------
07.47 0
Proclamation of the Republic of South Moluccas
Translation Proclamation of the Republic of South Moluccas:
Fulfilling the will that really, the demands and the insistence of the people of South Moluccas, then with this, we proclaimed independence of South Moluccas, the de facto de jure, a Republican form, apart from all the constitutional nexus of East Indonesia, and RIS (United Republic of Indonesia), reasoned NIT (State of East Indonesia) was not able to maintain its position as the country portion in line with the regulations Mutamar Denpasar, which was still valid, also in accordance with the decision of the Board of the South Moluccas, dated March 11, 1947, while the RIS had violated the decision of the RTC (Round Table Conference) and the Constitution his own.
Ambon, 25 April 1950, the Government of South Maluku
JH Manuhutu
A Wairisal
UN, forgotten problem in Maluku, Maluku problem is an international problem that must be noticed, do not become the world body organization that dilapidated, because the fault of the UN in the past need to be justified now.
http://www.youtube.com/
Fulfilling the will that really, the demands and the insistence of the people of South Moluccas, then with this, we proclaimed independence of South Moluccas, the de facto de jure, a Republican form, apart from all the constitutional nexus of East Indonesia, and RIS (United Republic of Indonesia), reasoned NIT (State of East Indonesia) was not able to maintain its position as the country portion in line with the regulations Mutamar Denpasar, which was still valid, also in accordance with the decision of the Board of the South Moluccas, dated March 11, 1947, while the RIS had violated the decision of the RTC (Round Table Conference) and the Constitution his own.
Ambon, 25 April 1950, the Government of South Maluku
JH Manuhutu
A Wairisal
UN, forgotten problem in Maluku, Maluku problem is an international problem that must be noticed, do not become the world body organization that dilapidated, because the fault of the UN in the past need to be justified now.
http://www.youtube.com/
07.39 0
Senin, 19 Desember 2011
Forkorus and colleagues reject the charge of treason
Forkorus Yaboisembut rejects charge of treason
After spending 60 days in police custody, Forkorus Yaboisembut along with four others, has finally been charged with treason. He is now being held in Abepura Prison.
The charge was strongly rejected by Gustav Kawar as one of their legal team. They say that police interrogators insisted that the five men be charged even though the police would need first to consider the incident in which they were involved right from the start.
Before the Papuan Peace Congress was held, the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the minister for legal, political and security affairs requesting him to be the keynote speaker at the congress, which the minister had agreed to, and had instructed the director-general of the ministry to open the congress.
'How can this be said to be treason when there have been letters received from the police and the minister?,' said the lawyers.
Even though the police interrogators have said that the documents for the trial are now complete, the lawyers will make a formal complaint, stressing that what their clients had done was to express their opinions which is guaranteed under the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights .
The lawyer said that their client(s) had not yet signed any documents relating to the trial.Yet even so, the police interrogators consider that the documents are complete and have been submitted to the prosecutor's office..
He said that usually when someone is charged with treason, there should have been an attack, but the Congress proceeded peacefully and came to a conclusion according to the aspirations of the Papuan people who want to exercise their right to self-determination and to set up a state of West Papua.
When Forkorus and his colleagues arrived at the prosecutor's office, they were sent straight for interrogation by the prosecutor, Maskel Rombolangi, and were accompanied by their lawyer, Anum Siregar, and there was a request that the men should be held in custody at the detention centre of the police. This was firmly rejected by Selpius Bobii, accompanied by Domingus Serabut. Things then became quite tense . The five accused were taken to the prosecutor's office in Jayapura for proceedings to continue.
'We dont yet know whether they will be sent back to police custody,' said the lawyers.
Gustav Kawar said that the five accused are: Forkorus Yaboisembut, Edison Waromi, Selpius Bobii, Domingus Sarabut and Agus Krat who have been charged under Article 106 with treason and for incitement under article 160 of the Penal Code. After the Congress, the five men and Gat Wenda were arrested by the police after they had been involved in proclaiming the State of West Papua on 19 October in Abepura. At the sime time, three members of PETAPA, were killed. The first charge could result in sentences of twenty year or life , while the second charge can lead to a six-year sentence.
One of the lawyers of Forkorus, Anum Siregar said that since 7 December, they had refused to be interrogated on the basis of an international covenant and rejected the charge of treason . Anum Siregar said that her clients had refused to be held at the police detention centres because they did not feel safe there and moreover, their families had not been permitted to visit them. The detained men said that they would prefer to be held at Abepura Prison because their families would be able to visit them and they felt safer there.
When the men met a reporter from Bintang Papua, they said had been ill and had be treated violently , They also rejected medication provided by the police and wanted to be treated by doctors at the general hospital. Finally, the men were handed over to the authorities at Abepura Prison and they have been given medical check-ups.
After spending 60 days in police custody, Forkorus Yaboisembut along with four others, has finally been charged with treason. He is now being held in Abepura Prison.
The charge was strongly rejected by Gustav Kawar as one of their legal team. They say that police interrogators insisted that the five men be charged even though the police would need first to consider the incident in which they were involved right from the start.Before the Papuan Peace Congress was held, the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the minister for legal, political and security affairs requesting him to be the keynote speaker at the congress, which the minister had agreed to, and had instructed the director-general of the ministry to open the congress.
'How can this be said to be treason when there have been letters received from the police and the minister?,' said the lawyers.
Even though the police interrogators have said that the documents for the trial are now complete, the lawyers will make a formal complaint, stressing that what their clients had done was to express their opinions which is guaranteed under the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights .
The lawyer said that their client(s) had not yet signed any documents relating to the trial.Yet even so, the police interrogators consider that the documents are complete and have been submitted to the prosecutor's office..
He said that usually when someone is charged with treason, there should have been an attack, but the Congress proceeded peacefully and came to a conclusion according to the aspirations of the Papuan people who want to exercise their right to self-determination and to set up a state of West Papua.
When Forkorus and his colleagues arrived at the prosecutor's office, they were sent straight for interrogation by the prosecutor, Maskel Rombolangi, and were accompanied by their lawyer, Anum Siregar, and there was a request that the men should be held in custody at the detention centre of the police. This was firmly rejected by Selpius Bobii, accompanied by Domingus Serabut. Things then became quite tense . The five accused were taken to the prosecutor's office in Jayapura for proceedings to continue.
'We dont yet know whether they will be sent back to police custody,' said the lawyers.
Gustav Kawar said that the five accused are: Forkorus Yaboisembut, Edison Waromi, Selpius Bobii, Domingus Sarabut and Agus Krat who have been charged under Article 106 with treason and for incitement under article 160 of the Penal Code. After the Congress, the five men and Gat Wenda were arrested by the police after they had been involved in proclaiming the State of West Papua on 19 October in Abepura. At the sime time, three members of PETAPA, were killed. The first charge could result in sentences of twenty year or life , while the second charge can lead to a six-year sentence.
One of the lawyers of Forkorus, Anum Siregar said that since 7 December, they had refused to be interrogated on the basis of an international covenant and rejected the charge of treason . Anum Siregar said that her clients had refused to be held at the police detention centres because they did not feel safe there and moreover, their families had not been permitted to visit them. The detained men said that they would prefer to be held at Abepura Prison because their families would be able to visit them and they felt safer there.
When the men met a reporter from Bintang Papua, they said had been ill and had be treated violently , They also rejected medication provided by the police and wanted to be treated by doctors at the general hospital. Finally, the men were handed over to the authorities at Abepura Prison and they have been given medical check-ups.
19.55 0
Don’t Demean Us, Papuan Church Leaders Tell SBY
Ismira Lutfia | December 19, 2011
In stark contrast to government figures who say Papuan unrest stems from a lack of prosperity among native inhabitants, senior Papuan church figures say the real problem is a history of injustice and the island’s problematic integration into Indonesia.
“The problems in Papua are not to do with wealth, but respect for human dignity, justice and an unclear history of integration that is still disputed,” Rev. Socratez Sofyan Yoman, the head of Papua’s Baptist church, said in a press conference on Saturday in Jakarta.
The press conference followed a private meeting a day earlier between four church figures, three of them Papuan, and President Susilo Bambang Yudhoyono at the national leader’s private residence in Cikeas, Bogor.
The two-hour meeting, which was closed to media, also included Vice President Boediono, the national chiefs of the armed forces and police, and a number of cabinet ministers including Djoko Suyanto, the coordinating minister for political, legal and security affairs and Hatta Rajasa, the coordinating minister for the economy.
The four church leaders said they had provided a detailed picture of the numerous acts of violence and conflict that had afflicted Papuans for generations.
“We told the president that since 1961, the situation has been unsafe in Papua because of the stigma of separatism,” Rev. Yemima Krey, head of the Protestant Synod in Papua, said at the press conference.
Yemima went on to say that she believed — at the risk of being seen as discriminatory — that the government should consider a policy to limit the arrival of transmigrants from other islands in the archipelago. She called it a necessary step in order to protect Papuan culture and the political and economic position of the Papuan people.
“The proportion of Papuans is falling as the number of migrants increases, so that many Papuans are questioning their existence in their own land,” Yemima said.
It is shifting geopolitical winds such as this that are planting the seeds of resistance in the Papuan community, according to Benny Giay, head of the Kingmi Synod in Papua.
Benny maintained that Papuan nationalism was misinterpreted as separatism by Jakarta.
Benny added that he and his three colleagues had told Yudhoyono that the president’s establishment of the Unit for the Acceleration of Development in Papua and West Papua (UP4B) was misguided, unfair and undemocratic because the Papuan people had not been consulted or involved.
“And along with the UP4B the military were sent as well,” Benny added.
He said Jakarta had failed to adopt a humanitarian approach to Papua, with the result that every passing day brought more news of Papuans killed in conflict with the state.
“We are witnessing the extinction of a nation. We are being slaughtered,” Benny said. “Our church exists in the midst of a never-ending cycle of violence.”
According to Socratez, while Yudhoyono had been receptive to the religious figures’ description of the problems in Papua, the president had stopped short of accepting their main proposal: Holding mediation talks involving a third party. “The Papuan people must be given room to experience justice,” Socratez said. “Don’t demean them and treat them as enemies of the state. This must be stopped.”
Meeting participant and non-Papuan Gumar Gultom, the head of the Indonesian Protestant Church Union (PGI), said there were “positive signs” from Yudhoyono at the meeting.
“This is just the first meeting. The president promised a follow-up meeting to get into more details on the issues we put forward,” Gumar said, adding that he expected the next meeting would be in early January.
“The problems in Papua are not to do with wealth, but respect for human dignity, justice and an unclear history of integration that is still disputed,” Rev. Socratez Sofyan Yoman, the head of Papua’s Baptist church, said in a press conference on Saturday in Jakarta.
The press conference followed a private meeting a day earlier between four church figures, three of them Papuan, and President Susilo Bambang Yudhoyono at the national leader’s private residence in Cikeas, Bogor.
The two-hour meeting, which was closed to media, also included Vice President Boediono, the national chiefs of the armed forces and police, and a number of cabinet ministers including Djoko Suyanto, the coordinating minister for political, legal and security affairs and Hatta Rajasa, the coordinating minister for the economy.
The four church leaders said they had provided a detailed picture of the numerous acts of violence and conflict that had afflicted Papuans for generations.
“We told the president that since 1961, the situation has been unsafe in Papua because of the stigma of separatism,” Rev. Yemima Krey, head of the Protestant Synod in Papua, said at the press conference.
Yemima went on to say that she believed — at the risk of being seen as discriminatory — that the government should consider a policy to limit the arrival of transmigrants from other islands in the archipelago. She called it a necessary step in order to protect Papuan culture and the political and economic position of the Papuan people.
“The proportion of Papuans is falling as the number of migrants increases, so that many Papuans are questioning their existence in their own land,” Yemima said.
It is shifting geopolitical winds such as this that are planting the seeds of resistance in the Papuan community, according to Benny Giay, head of the Kingmi Synod in Papua.
Benny maintained that Papuan nationalism was misinterpreted as separatism by Jakarta.
Benny added that he and his three colleagues had told Yudhoyono that the president’s establishment of the Unit for the Acceleration of Development in Papua and West Papua (UP4B) was misguided, unfair and undemocratic because the Papuan people had not been consulted or involved.
“And along with the UP4B the military were sent as well,” Benny added.
He said Jakarta had failed to adopt a humanitarian approach to Papua, with the result that every passing day brought more news of Papuans killed in conflict with the state.
“We are witnessing the extinction of a nation. We are being slaughtered,” Benny said. “Our church exists in the midst of a never-ending cycle of violence.”
According to Socratez, while Yudhoyono had been receptive to the religious figures’ description of the problems in Papua, the president had stopped short of accepting their main proposal: Holding mediation talks involving a third party. “The Papuan people must be given room to experience justice,” Socratez said. “Don’t demean them and treat them as enemies of the state. This must be stopped.”
Meeting participant and non-Papuan Gumar Gultom, the head of the Indonesian Protestant Church Union (PGI), said there were “positive signs” from Yudhoyono at the meeting.
“This is just the first meeting. The president promised a follow-up meeting to get into more details on the issues we put forward,” Gumar said, adding that he expected the next meeting would be in early January.
----------------------
2) Questions about Paniai-Papua in Dutch parliament
Questions of Member of Parliament Kortenoeven (Party for Freedom-PVV) to the Minister of Foreign
Affairs Uri Rosenthal about the escalating and brutal violence of the
Indonesian armed forces against the local people of Western Papua (submitted on
December 16th 2011)
Translation Pro Papua
1) How do you judge the news items ‘Shootings, village burnings and
helicopter attacks continue across Paniai’ (*) and ‘Massive Indonesian
offensive displaces thousands in Paniai as helicopters attack and raze
villages’ (**)?
2) What actions did you take towards the Indonesian authorities and/or
multilaterally, when the author of these questions indicated the fact that the
Indonesian army launched offensive actions against separatists in Western Papua
and that supposedly 26 Papuan villages were being attacked en destroyed during
these actions? What are the results of your interventions?
3) In what way did you give substance or will you be giving substance to the
resolution Kortenoeven which was generally approved in Parliament on November
29th?
4) Are you willing, because of the desired clarity and its urgency, to answer
these questions separately and submit the answers before Tuesday December 20th
2011 before 10.00 a.m.?
(*) ‘Shootings, village burnings and helicopter attacks continue across~Paniai’
(**) ‘Massive Indonesian offensive displaces thousands in Paniai as
helicopters attack and raze villages’
19.48 0
Press release; War TPN & TNI in Paniai, West Papua
International Forum for West Papua (INFO_WP)
5/23 Rutland St. Clifton Hill , Victoria 3068, Australia ;
Email: infowestpapua_office@yahoo.com; ABN: 21 681 149 024
=============================================================
A War between Indonesia Military and West Papuan Liberation Army in Paniai, West Papua
FOR IMMEDIATE RELEASE
December 20, 2011
Fourteen Paniai residents died as National Liberation Army of Free Papua Organisation (TPN/OPM), the second division in Eduda Hill headquarter and 47 villages in the area were burnt down by the Indonesian security forces last week.
The brutal attacks that started on December 13 have been conducted by combined Indonesian Police Mobile Brigade unit (BRIMOB), military and Indonesian police of Anti-Terrorist unit, Detachment 88. Five helicopters have also been used to support the attacks.
It resulted of displacement up to 542 civilians in the area. They have moved to Enarotali, Paniai district capital, and other 10,000 residents escaped to the jungle. Three women died: a two year old Otolince Degei was killed on December 9, and Yulimina Gobay, (4) and Anna Degei (47) were also killed on December 14.
“This brutal attack is a violation of human rights” said Papuana Mote, the Women Affairs Coordinator of International Forum for West Papua (INFO_WP). “They need to be protected from any cruel and brutal acts.”
The Australian government is responsible to the attack, as both Australia and United States of America have funded Detachment 88. The Detachment 88 is responsible to the killing of freedom fighters and innocent West Papuans
Amatus Douw, President of INFO_WP said “guerrilla war between Indonesia and West Papuan freedom fighters will not end until there is a third party intervention”. “I have direct contact with the commander of TPN/OPM, John Yogi who told me that they are ready to fight against the Indonesian government to get our independence. The TPN/OPM calls international peace keeping force and UNs fact finding team to monitor the situation”.
To arrange an interview with Amatus Douw and general media enquiries contact:
Thomas McIntosh, 0406 251 273
Sekjend INFO-WP
Erwin Bleskadit
19.41 0
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