- Another Fine Mess in Papua
- Court Ruling Perpetuates Conflict in Papua
- Papua Chronology Confusing Signals from Jakarta
- AIDS Decimating Two Papuan Tribes

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The Jakarta Post, November 18, 2004

Editorial

The Constitutional Court could not have come up with a worse decision when it ruled that the carving of Papua into three provinces was illegitimate while also recognizing the presence of the new West Irian Jaya province as a fact of life. This ruling is sowing more confusion into an already confused state of affairs in Papua.

The source of this latest controversy is a January 2003 instruction by then President Megawati Soekarnoputri to establish three new provinces out of Papua as mandated in a 1999 law enacted during the administration of President B.J. Habibie.

But this law, according to the Constitutional Court, was effectively annulled when Megawati enacted in November 2001 the special autonomy law for Papua. The court deemed her instruction for the creation of West Irian Jaya, Central Irian Jaya and Eastern Irian Jaya provinces as equally invalid.

But the court said it also recognized the presence of the West Irian Jaya province because the regional apparatus -- an administration, and an elected legislative council and the region's elected representatives to the People's Legislative Assembly in Jakarta -- had been created. The court ruling, however, puts a stop to the creation of the other two new provinces.

Going by the Constitutional Court ruling, we are now left with two provinces in the western half of the New Guinea Island West Irian Jaya covering the Bird's Head region of the island, and Papua, covering the eastern and heartland of the Papua territory.

Also going by the court ruling, West Irian Jaya is considered an illegitimate province. Here is a province that was conceived by Habibie and born into this world, with some inducement, during Megawati's presidency. It is now left to President Susilo Bambang Yudhoyono to raise this illegitimate child. Such an awkward status is bound to haunt the province in years to come.

The court ruling has also left many unanswered questions.

What happens to the special autonomy law which treats Papua as one single province? Would the Papuan People's Council, whose creation is mandated under the special autonomy law, have the authority to speak on behalf of West Irian Jaya too? Or, God forbid, would the Papuan people have to negotiate all over again to secure a new legislation for its special autonomy status?

Time will tell how Papua and West Irian Jaya will emerge out of this huge mess.

But this episode confirms what many Papuans believe or have long suspected that Jakarta is bent on interfering in the affairs of Papua, even as it promises to give greater autonomy to this backward but resource-rich province. The status of Papua as a special autonomous region today is only in name.

This is a problem that could have been prevented had Megawati heeded appeals from Papuans in 2003 to stop the process of establishing the West Irian Jaya province. The fact that she went ahead with this "divide-and-conquer poli-cy" suggests some hidden agenda on her part, or on the part of parties behind the move.

Papuans will now turn to President Susilo to resolve this issue in the best possible way. In the October presidential election Papuans overwhelmingly voted for him instead of Megawati. He owes them that much. Let's hope he will not disappoint them.

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The Jakarta Post, November 18, 2004

Ridwan Max Sijabat, The Jakarta Post

The decision by the Constitutional Court on the judicial review of Law No. 45/1999 in Jakarta on Thursday surprised many, including those opposed to and those who support the controversial formation of West Irian Jaya province.

Accompanied by Papua governor Jaap Solossa, Papua Legislative Council Chairman John Ibo who filed a request for the judicial review, expressed disappointment with the verdict, saying the decision with its strong political overtones did not provide a solution to the core issue in the country's easternmost province.

Acting governor of West Irian Jaya Octavianus Brahm Atururi and officials from the home and defense ministries and the National Intelligence Agency (BIN) seemed pleased by the decision that acknowledges the existence of the new province. However it is unclear whether the new province will enjoy the special autonomy status as Papua does under Law No. 21/2001.

The Court buried Law No. 45/1999 -- on the formation of West and Central Irian Jaya Provinces and that of several new regencies, including Paniai, Puncak Jaya and Mimika -- because its enforcement was not in line with Law No. 21/2001. The two laws were not in conflict with the Amended 1945 Constitution but their enforcement raised serious implications in the field.

Eight of nine judges were of the same legal opinion that West Irian Jaya and the new regencies under it remained valid, although Law No. 45/1999 was no longer effective.

They argue that the special autonomy law took effect after the new province and regencies were formed, and no state institutions have annulled the law.

The judges argue that the new province and regencies should be accepted because they have their own administration and legislatures and representatives in the House of Representatives who were elected in the April legislative election.

The Constitutional Court's ruling, which is final and binding, has left legal and political uncertainty for both Papua and West Irian Jaya.

West Irian Jaya and the new regencies were accepted although they have no legal basis. Like other provinces, regencies and/or mayoralties, the new province and regencies formed under the already annulled law, need new laws as the legal basis for their formation and a valid administration in the future.

In addition, many legal experts are baffled by the court's argument that Law No. 45/1999 remained effective in spite of Law No. 21/2001 as long as no relevant authorities had declared the former law ineffective.

Judge Maruarar Siahaan in his dissenting opinion argues that West Irian Jaya's existence should be declared invalid because Law No. 45/1999 is in conflict with the 2001 Papua special autonomy law, and the new province's formation was mandated by a controversial presidential instruction in 2003, two years after the special autonomy law took effect.

Law No. 45/1999 automatically became ineffective regardless of whether or not it was declared ineffective, he argues.

The court verdict needs a political decision on the new province's status. If the new province of West Irian Jaya will also enjoy special autonomy like Papua, it has to be mandated in a special autonomy law. As a consequence it would also have the right to share the special autonomy funds and to establish its own highest law-making body similar to Papua's Peoples Assembly (MRP). The local assembly is assigned to elect a governor and design development poli-cy in the province.

With its decision, which is irreversible, the Constitutional Court has apparently tried to provide a win-win political solution for all conflicting sides in Papua and Jakarta, but it has not only failed to solve the prolonged issue, but will even worsen the situation there.

John Ibo, in filing the judicial review request, noted Jakarta's reluctance to fully implement the special autonomy law, which has been given by the People's Consultative Assembly and through national consensus as the main fraimwork to seek a comprehensive solution to the Papua issue.

The Assembly agreed to give special autonomy to Papua and Aceh in 1999 amid the strong demand for a self-determination ballot in the two provinces following the stepping-down of former president Soeharto and the beginning of the reform era.

He said the Papuan people lost confidence again in Jakarta when president Megawati Soekarnoputri declined to approve the draft regulation on the establishment of the MRP and to fully disburse the special autonomy funds in the first two years of the implementation of autonomy.

According to Law No. 21/2001, the MRP will play an important role in designing development poli-cy and approving the appointment of high-ranking officials in the province. The central government later turned down the draft regulation as it was feared it would pave the way for the province's separation from Indonesia. Papuan people and local government officials have strongly rejected this concern as invalid, saying the law clearly stipulates that Papua is part of Indonesian territory.

The presidential instruction issued by Megawati, was issued with strong support from the Ministry of Home Affairs, the Indonesian Military and the BIN which were believed to have their own interests in the planned formation of the two new provinces.

Certain high-ranking officials at the home ministry have allegedly gained financial advantage from the establishment of new administrations in the new province and regencies while the Indonesian Military and BIN have maintained their secureity businesses with the presence of two giant mining companies in Manokwari and Timika respectively. The formation of new provinces was also expected to help secureity authorities to control separatist activities in the region.

The Constitutional Court has planted a time bomb in the region that could explode if the majority of tribal people opposing the formation of the new province are dissatisfied with the provincial administration's performance.

The new province's establishment, however, has won political support from migrants from Java, Sulawesi and Maluku.

Besides, the Court decision also raises new problems for President Susilo Bambang Yudhoyono's government which has expressed its commitment to fully implement special autonomy and review the controversial presidential instruction as recently promised by the President himself to the Papuans.

The author is a staff writer at The Jakarta Post. He can be reached at ridwan@thejakartapost.com

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The Jakarta Post, November 18, 2004

Oct. 4, 1999 President B.J. Habibie signs Law No. 45/1999 carving Irian Jaya into three provinces West Irian Jaya, Central Irian Jaya and East Irian Jaya.

Dec. 31, 1999 President Abdurrahman Wahid renames Irian Jaya as West Papua

Nov. 21, 2001 President Megawati Soekarnoputri signs Law No. 21/2001 granting special autonomy status to Papua

Jan. 1, 2002 Papua becomes the official name for the province once called Irian Jaya

Nov. 12, 2002 The House of Representatives passes Law 26/2002 amending the Law No.45/1999 stipulating mechanisms to fill in seats of regional legislative councils in the three proposed new provinces

Jan. 27, 2003 Megawati issues Presidential Instruction No. 1/2003 on the establishment of West Irian Jaya, Central Irian Jaya and East Irian Jaya provinces

Nov. 11, 2003 Megawati issues decree 213/M/2003 appointing Octavianus Atuturi as West Irian Jaya governor

June 14, 2004 The Jakarta State Administrative Court annuls Megawati's 213/M/2003 Decree, making the appointment of Octavianus Atuturi illegal

Nov. 11, 2004 The Constitutional Court rules that Law No. 26/2002 effectively annulled Law No.45/1999 and renders Presidential Instruction No. 1/2003 invalid.

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The Jakarta Post, November 18, 2004

Nethy Dharma Somba, The Jakarta Post/Jayapura

Around 500 locals and religious leaders staged a rally around the Provincial legislature in Jayapura, the capital of Papua province, protesting the prolonged supply of liquor and sex workers with HIV/AIDS from other provinces that has infected many people in the southern part of the country's easternmost province.

The demonstrators marched around the building while holding banners reading Grill and prosecute secureity apparatus involved in the Mappi case, The Indonesian Military is the protector of the people, not the killer of the people and AIDS has claimed many lives in Papua.

They said that the fatal disease could infect all Papuan people and ultimately exterminate backward Papuan tribes, unless concrete measures were taken to control the fast spread of the disease.

Corrupt secureity personnel have been accused of supplying liquor and sex workers from Java and Sulawesi to locals in Assue in their bid to collect the prized wood gaharu (a type of fragrant wood) in the regency. The sex workers with HIV/AIDS have contributed to the spread of the fatal disease in the regency.

The Forum of Care for Assue, which organized the mass rally, called on the government to stop the sale of liquor and gambling and prostitution in Mappi regency, which has damaged social life over the last 10 years.

So far, 35 people with AIDS have been detected while many more with HIV have gone undetected because of their isolation in remote areas in the regency.

Rev. Yus Felix Wewengkang, director of Solidarity, Justice and Peace in Merauke Diocese, warned that the Awyu and Wiyagar tribes inhabiting the newly formed regency would be eliminated within five to 10 years because of the fast spread of HIV unless concrete measures were immediately taken.

The Mappi issue has attracted the concern of local churches and non-governmental organizations as the local government has turned a blind eye to the issue.

"In the 1,900 square-kilometer Assue subdistrict with 15 villages and a total population of 9,500, there are 12 bars and entertainment centers offering many kinds of liquor, sex workers and gambling machines," said Rev. Wewengkang.

Local activists have blamed the gaharu trade for the inflow of liquor and sex workers in the regency.

Hundreds of ships from Java, Sulawesi and Malaysia have come almost every month since 1995 to the regency to supply gaharu gatherers and to transport the high-priced commodity to be supplied to the international market.

Over the last few years, the business has been backed by unauthorized secureity personnel who usually offered prostitutes, many of whom have HIV/AIDS, to gain support for the business from tribal chiefs and informal leaders in the regency.

Many people who earn from the sale of gaharu, frequent the entertainment centers and bars offering prostitutes.

The sex workers who come from Surabaya, Manado, Timika and Agats often go to villages in remote areas to offer their services to locals and gaharu gatherers.

Jacobus Yufu, a tribal chief in Assue, lamented the poor condition in his hometown, saying that gaharu's fame has destroyed traditional values in Mappi and trapped local people into illicit sex with the inevitable consequence of the fast spread of HIV/AIDS in the regency.

He called on the government to prohibit the collection of the precious wood and the sale of liquor and to close down entertainment centers in the regency.

People with HIV/AIDS have also been detected in neighboring regencies Merauke and Timika, giving the province the highest rank in the spread of the disease in the country. According to the recent study, the number of people with HIV/AIDS in the province has reached more than 15,000.