Merauke Bupati 'launches' South Papua province

Papuans must not be sidelined in the possible establishment of an autonomous South Papua province, but should benefit from it as stipulated in the 2001 special autonomy law for Papua, a member of the Papua People's Assembly (MRP) says. "Just like a farmer cultivating his farm, don't let others enjoy the yields from the farm. It's the same as the current issue on the petition to establish an autonomous province in Papua ... don't let it create opportunities only for other people to obtain positions, while Papuans just become spectators in the development process," an MRP member from Merauke regency, Erna Mahuse, said in Merauke on Tuesday.

According to Erna, the MRP can discuss issues related to autonomous provinces in Papua as long as the proposal being considered does not violate the autonomy law. "It is not a taboo to discuss it, so long as it is in accordance with mechanisms of Law No. 21/2001 and benefits Papuans, because the main aim of an autonomous province is to shorten the reins of development," she said.

On Monday in Merauke, Regent John Gluba Gebze announced the formation of a South Papua province in a traditional procession of the Marind tribe, the largest tribe in southern Papua. The event was attended by thousands of people. Gebze marked the occasion by planting a Masi tree along with Boven Digul Vice Regent Mercelino Yamkomdow and Asmat regency legislative council vice speaker Eduardus Kaise.

"The tree symbolizes our spirit to establish the South Papua province," said Marind tribal figure Imbuti Kasimirius Ndiken. Gebze, a Marind tribesman, joined in the Gatzi traditional dance during the event. Gebze told reporters the day before the event that the establishment of the South Papua province was a continuance of a colonial-era plan to form territories in Papua.

The Dutch administration had divided Territory V in four regencies, he said: Merauke, Boven Digul, Asmat and Mappi. "We just have to continue with the plan prepared by the Dutch." The territorial divisions, said Gebze, had based on sociological and anthropological aspects to form an area in which the tribes would live and govern in one cluster under a territorial administration. - Nethy Dharma Somba (JP)

Four regencies demand a South Papua province

Representatives of four regencies in southern Papua province met with the Provincial House of Representatives to demand the establishment of a South Papua province. Some 70 delegates from Merauke, Mappi, Boven Digoel and Asmat regencies, led by Merauke Deputy Regent Maryoto, met with legislators. The delegation was received by the parliament's deputy speakers Komarudin Watubun, Yop Kogoya and Paskalis Kossay.

According to Merauke regency administration official Agustina Basik-Bakis, the idea of an autonomous South Papua has been around since even before Indonesia's independence. She said the creation of the new province would help the region catch up in terms of development, as well as shortening bureaucratic procedures and improving services to residents. The four regencies demanding their own province were previously incorporated under one regency, Merauke. Mappi, Boven Digoel and Asmat were separated from Merauke in a 2002 law on the formation of 14 regencies in Papua province.

Yoseph Mehuze, a spokesman for the group, said the four regencies were acting like "a son" asking his parents' blessing to get married. "We're ready to get married and we ask for the blessing of Papua province, as our parent," he said. Responding, parliamentary Deputy Speaker Komarudin said that if a son is ready to get married, the parents will give their blessing, but at the same time the parents have to ensure it is the correct decision. He said the parliament would set up a special committee to discuss the proposal. The committee's recommendation will then be passed on to the Papuan People's Council. However, he said the parliament is currently deliberating the provincial budget, and any discussion on the creation of the new province would have to wait until the deliberations were completed.

Consitutional Court reaffirms Irian Jaya Barat

Despite opposition from many Papua province interest groups, the Indonesian Constitutional Court has reaffirmed the status of Irian Jaya Barat as a separate province, saying it only lacks a legal operational basis to regulate government activities there. Irian Jaya Barat Legislative Council chief Jimmy Demianus Itjie and Irian Jaya barat caretaker governor Timbul Pudjianto were part of a delegation that met Tuesday with Constitutional Court Chief Justice Jimly Asshiddiqie and justice Achmad Rustandi to ask about the current legal status of their province.

In 2004, the Constitutional Court was asked to rule on the validity of Irian Jaya Barat province, established in 1999, following the enactment of the 2001 Papua Special Autonomy Law. The latter stipulated that any partitioning of Papua province would require the approval of the Papua People's Assembly (MRP). The court ruled the 1999 law was unconstitutional, but said the 2001 law could not be applied retroactively because Irian Jaya Barat was already established as a province.

"Establishment of a gubernatorial government is an act of law which cannot be rescinded," Jimly said. His comment drew cheers from the delegation, The Jakarta Post reported..

He noted that under the Constitutional Court's ruling, the government needed to establish a legal basis regulating operational matters for its activities there, not a legal basis for the province itself. The government missed its deadline of 20 February to reach a solution with groups opposed to the partition of Papua to establish Irian Jaya Barat.

Jimly reiterated that because Irian Jaya Barat was established by the 1999 law and legitimised by the court in 2004, the special autonomy law of 2001 was not pertinent. He added that he believed every party involved in the issue understood the 2004 Constitutional Court's decision. "It is just a matter of determination from the government," he said. "The Constitutional Court cannot dictate to the government what to do."

Jimmy said he was relieved by the explanation, and the province would go ahead with gubernatorial elections on 10 March concurrently with Papua provincial polls.

MRP's opposition to acceptance of Irian Jaya Barat

Uncertainty continues about Irian Jaya Barat province's status with the central government unable to reach a solution with groups opposed to the partition of Papua to create the new province. Although the government previously set 20 February as the deadline to decide on the status of Irian Jaya Barat, no agreement was forthcoming after Vice President Jusuf Kalla met with Coordinating Minister for Political, Legaland Security Affairs Widodo A.S., Home Minister M. Ma'ruf, Papuan People Council (MRP) and the Papuan Legislative Council at his office. No representatives of Irian Jaya Barat province were present, but Kalla reportedly met Papua Council Speaker Jimmy Demianus Itjie at his residence earlier in the morning.

The creation of Irian Jaya Barat, already operating as a de facto province, has pitted the central government against the MRP and Papua administration. The province was established through the 1999 law on autonomy. The MRP, founded last year, is seeking the revocation of the establishment of the province, based on the 2001 Papua Special Autonomy Law. Under the latter's terms, any matters concerning the partitioning of Papua must come before the MRP.

MRP chairman Agus Alue Alua said the council filed a recommendation Monday with Jakarta, which he said came after consulting with various groups in Papua, most of which opposed the partitioning of the province. "The recommendation is a fixed decision by the MRP and Papua Council. We didn't come for more discussion. We'll let the government study it first," he said. Agus said the MRP and the council would agree to negotiations only if the government acknowledged that all issues related to the country's easternmost province must refer to the special autonomy law.

Home Minister M. Ma'ruf said the government would look into the recommendation, but referred to a Constitutional Court verdict that acknowledges the establishment of the new province. The court said the 1999 law was unconstitutional, but then recognized Irian Jaya Barat on the grounds that the division was already made.

Papua churches, DPRD oppose Irian Jaya Barat

Influential Papuan church groups and community organizations are supporting the Papuan provincial Legislative Council's opposition to the creation of Irian Jaya Barat province. "I fully support the council's decision because it is considered the bestto avoid any possible conflicts that may arise in Papua over the establishment of West Irian Jaya province," Rev. Herman Saud, chairman of the Papuan Injili Christian Church Synod, told Nethy Dharma Somba of The Jakarta Post in Jayapura. Support against the partitioning of the province also came from local chapters of the Indonesian Christian Students Movement (GMKI), Association of Catholic Students (PMKRI), Indonesian Christian Women's Association (PWKI) and the Cooperation Forum of Non-governmental Organizations (Foker LSM). Representatives Jems Mayor (GMKI), Jens Cherry Meak (PMKRI), Rev. Wanaha (PWKI) and J. Septer Manufandu (Foker LSM) were signatories.

The statement said the public consultation conducted by the Papuan People's Assembly (MRP), which was used by the legislative council Friday to oppose the Papuan partition, was legitimate and must be presented to the central government for consideration. Rev. Herman Saud warned it would be a bad precedent if the central government did not heed Article 76 of the 2001 Papua Special Autonomy Law and went ahead with the partition of the province. The article states that any partition of the province must first be approved by the MRP.

During a plenary session Friday, the councillors concluded there was no need to divide Papua at present, and any future divisions would have to be done according to Article 76. West Irian Jaya is already operating as a de facto province. "There may emerge similar partitions in other regions throughout the province without necessarily having gone through the process of approval from the MRP. This will not be good for both the people and the law itself," Herman told The Jakarta Post. "The partitioning of Papua province outside the 2001 law is illegal because the province is regulated under the law. Therefore any decision should be taken in line with the law."

Interview with Papua Governor Jaap Solossa

Papua Governor Jaap Solossa talked with Ridwan Max Sijabat of The Jakarta Post after leading a Papuan delegation to meet with President Susilo Bambang Yudhoyono to discuss the situation in Indonesia's most eastern province.

Question: Would you like to summarize your delegation's meeting with the President?"

Answer: The President and our delegation were of the same opinion that the special autonomy regulated by Law No. 21/2001 is the main pillar of a grand strategy to seek a comprehensive solution to the complex Papua issue.

The President promised to make a fundamental decision to prove his strong political commitment to settling the issue through peaceful dialog, and instructed his aides to take concrete measures to enforce the special autonomy law.

He was very glad to meet with us, and shared his intention to fully implement the special autonomy, which was left untouchable during former president Megawati Soekarnoputri's tenure, over the last three years.

Q: Would you like to explain that issue in detail?

A: During the meeting, the President instructed the coordinating minister for political, legal and security affairs (Widodo A.S.) and home minister (Moh. Ma'ruf) to discuss the draft regulation on the Papuan People's Assembly (MRP), and to make the necessary preparations for its establishment. The implementation was delayed because it was feared that it could pave the way for the province to separate from Indonesia in the future.

The establishment of the MRP has been included in the President's first 100-day program, and he pledged that the MRP's establishment would be his "Christmas gift" to the Papuan people.

The President also promised to set up a Papua desk at the Presidential Office to deal with Papua matters. The special desk, led by the President and consisting of Papuan figures, military officials and politicians would mainly be tasked with preparing necessary policies and development programs in Papua.

Q: What is your comment on the controversial draft regulation on the MRP?

A: It is not really controversial because it is based on the special autonomy law. And what makes Papua special, unique and different from other provinces is the MRP, which according to the law is the highest decision-making institution, representing all components in the province.

Megawati and her former government declined to approve it, and to set up the long-awaited MRP, because they feared that the institution would be used to assist the province's separation from Indonesia.

But, if Acehnese people are allowed to adopt the sharia according to Islam, why aren't we allowed to do the same thing? (The majority of Papuans are Christians.)

Q: How is the planned formation of the two new provinces progressing?

A: The President has agreed to review the controversial Presidential Instruction, No. 1/2003, which was issued to enforce Law No. 45/1999 on the development of North Maluku, West and Central Irian Jaya provinces, which is no longer effective since it is against the special autonomy law.

Papuan people are not against any idea to form four or five more provinces in Papua, which is 3.5 times the size of Java Island. However it should gain approval from the MRP.

The Papuan provincial legislature has filed a law suit against the presidential instruction, and the Constitutional Court is scheduled to make a decision on the case on November 11.

The Higher Administrative Court has annulled Presidential Decree No. 10/2003 on the extension of Octavianus Abram Atururi's one- year period as acting governor of West Irian Jaya.

Q: What other issues are most urgent in Papua?

A: Illegal logging, illegal fishing and HIV/AIDS. And the three issues correlate with one another.

Illegal logging and illegal fishing activities have been rampant in the province because the region is out of the close supervision of the public in Jakarta. The looting of Papua's rich resources involves timber and fishing companies from Malaysia and Thailand. They are backed by security personnel from local Navy units and police offices.

Timber barons have paid police personnel to back the illegal logging activities, which have involved local loggers. It is also common for them to offer sex workers from Java as presents for local informal leaders, to keep their mouths closed. The timber barons also bribed local Navy units to escort their log vessels out of the province.

The number of people living with HIV/AIDS has reached around 15,000 at present, and most of them are living in the southern part of the province, particularly in Mimika and Merauke regencies, where illegal logging and fishing activities have been rampant.

Q: What are you doing to address these serious problems?

A: During the meeting with the President, we asked the government to lift the joint decree issued by the forestry minister, fisheries and maritime affairs minister, the Indonesian Military (TNI) commander and the National Police chief, concerning the supervision of forest and maritime resources (wanalaga and wanabahari) in the province.

Corrupt officials of the National Police and the Navy in the province abused their power and manipulated the joint decree to loot the province's resources.

Most Papuan people are no longer sympathetic toward the security authorities because many innocent people have been shot in military operations and their resources looted.

The provincial government will intensify the anti-HIV/AIDS campaign among youths and school students aged between ten years and 18 years to curb the spread of the virus.