Sunday, June 23, 2002 02:39:46 AM

THE PAPUAN YOUTH COMMUNICATION FORUM IN JAKARTA (FKMPJ)
In cooperation with:
THE ALLIANCE OF PAPUAN STUDENTS (AMP)

OPEN & INTERACTIVE DIALOGUE: "ON THE DEATH OF THE LATE ONDOFOLO DORTHEYS HIYO ELUAY IN THE PERSPECTIVES LAWS IN INDONESIAN"

I. RATIONALE

Acts of crime against humanity by the unitary Republic of Indonesia (NKRI) against Papuans (in 
West Papua) started since West Papua was annexed into NKRI up till today.

Memmoria Passionis (collective memory of sufferings) is the outcome of the ongoing acts of crime 
in West Papua, and in particular territories where most human rights violations are committed.

The gap of perspectives between Indonesian and Papuan people causing the political conflicts 
without any initiatives and or efforts to peacefully and democratically bring these problems to an 
end. The initiative for a peaceful resolution of the conflicts in fact initiated by Papuan people that 
managed to influence the former NKRI President Prof. Dr.Ing. B.J. Habibie that held National 
Dialog I on 26 February 1999. Papuans demanded to resolve the conflicts peacefully and 
democratically in this dialogue based on the principles of political approach and equality. The 
outcome of this dialogue was the Grand Assembly Meeting of Papuan Elders and Leaders on 26 
February 2000, followed up by the Papua National Congress II 2000 (29 May – 4 June 2000). 
These historic events established foundations for further non-violent movement of the people 
to gain West Papua's independence.

Indonesia's response to the democratic and peaceful movement of the Papuans so far has been the 
so-called "security-approach", i.e., use of military and police forces with intimidation, acts of 
terrorism, and even killings. The kidnapping and assassination of the Late Ondofolo (tribal elder) 
Dortheys Hiyo Eluay, the Chair of Papua Presidium Council (PDP) on 11 November 2001 is the 
most tragic act of terror, through which the world can figure out and understand how brutal and or 
how worse is the human rights situation in West Papua so far.

The kidnapping and assassination of Dortheys Hiyo Eluay is full of mystery, controversy, and 
polemic. Various Teams have been established by NKRI to reveal the killer and the motif of the 
assassination as well as who gave the order to execute the assassination. Teams such as Papua 
Police (Polda Papua), National Commission of Human Rights (Komnas HAM), the Military 
(Puspom TNI) and the KPN (National Inquiry Commission) were sent to the field to draw clear 
lines on the act. These parties, quite clearly due to political interventions, concluded the kidnapping 
and assassination of Theys Hiyo Eluay was a pure criminal act, executed by individual 
TNI/Kopassus members who were paid to do so.

Various scenarios were developed to manipulate the public's opinion such as he was killed due to 
million of US dollars from Freeport MacMoRan, Inc., due to logging concession problems, due to 
tribal war, due to Theys' non-violent approach versus the Free Papua Movement, and even they 
blamed the USA and England to be behind the assassination. (Denying errors, mistakes and sins is 
an important part of NKRI's politics, therefore, NKRI will never at all admit that it killed Theys 
whatsoever)

Whereas in Papuan perspective, based on various reasons (such as experiences in West Papua, in 
East Timor, In Acheh, and in Java itself, scenarios that the Polda Papua developed during the 
investigation, Papuan culture, and leaked secret state-document dated 9 June 2000 as well as the 
finding of Forensic Laboratory Test of Medical Faculty of Indonesia University, Theys' 
assassination was strongly suspected as an act of terror with political motif, i.e., a state-crime 
against humanity, as an integral part of NKRI's actions to maintain West Papua within Indonesia by 
force.

There should be efforts to clarify the incident, to open a new path towards understanding between 
two parties to finally resolve the ongoing conflicts, of course, under conditions that there should be 
certain degrees of compromises and transparencies.


II. OBJECTIVE AND GOAL OF THE ACTIVITY

Is the kidnapping and assassination of Dortheys Hiyo Eluay a "serious" human rights violations, a 
state-crime against humanity, or is it a "normal" human rights violation?

1. Objective

To invite experts on Indonesian law and government officials as well as members of parliament 
from Papua Province in order to clarify and classify the incident of kidnapping and assassination of 
the Late Ondofolo Dortheys Hiyo Eluay into its objective position. In other words, to re-clarify 
whether or not the incident is a "serious" violation of human rights, i.e., a state-crime against 
humanity or not.

To clarify the status of the kidnapping and assassination of Theys Hiyo Eluay into Indonesian laws 
and to submit the outcome to the Indonesian law and to the UN High Commission on Human 
Rights as well as UN Working Group on Indigenous Populations.

2. Goal

To pressure the UN OHCHR to send a Special Rapporteur to West Papua,
To pressure the Indonesian government and the international community to allow the establishment 
of an Independent Inquiry into the tragic incident under supervision of the UN OHCHR.


III. PLACE AND TIME

Day/Date: Friday, 12 July 2002
Venue: Bali Room, Hotel Indonesia, Jl. MH Thamrin, Jakarta Pusat
Time: 09:30 - end
Participants: 300 people from:
- Members of parliament from Papua
- Delegates from TNI/Polri
- Representatives and Ambassadors of foreign nations
- Legal Practitioners and or lawyers
- Human Rights Defenders (Activists)
- Community Leaders and intellectual from West Papua
- Local, National, and International NGOs


IV. SPEAKERS AND MODERATORS

1. Speakers and topic of presentation:

1.1 Drs. Jaap Salossa (Papua Governor) "PAPUA PEOPLE'S PERSPECTIVES WITHIN THE UNITARY REPLUBLIC OF INDONESIA"

1.2 Dr. Todung Mulya Lubis, SH "KAW ENFORCEMENT, JUSTICE AND HUMAN RIGHTS IN PAPUA PROVINCE OF INDONESIA"
Comparative Analyst: Marthen Ferry Kareth, SH, MH

1.3 Maj. Pol. Purn. Koesparmono Irsan (Chair of KPN) - "THE DEATH OF THEYS H. ELUAY IN THE PERSPECTIVES OF INDONESIAN LAW"

1.4 Prof. Dr. J.E. Sahetapy - "ANALYSIS ON THE ACT OF FORCED DISAPPEARANCE AND DEATH OF THEYS H. ELUAY"
Comparative Analyst: Munir, SH (Kontras)


2. Moderators

2.1 Drs. Michael Manufandu, MA
2.2 Drs Andi Noya


V. THE EXECUTING COMMITTEE

5.1 Supporting Bodies

The Open (Interactive) Dialogue is organised by the Forum of Papuan Youth in Jakarta in Co-operation with the Alliance of Papuan Students (AMP) and other NGOs in Indonesia such as:
* Kontras Jakarta
* YLBHI Jakarta
* Elsam Jakarta
* ELSHAM Papua, Jakarta Office
* Solidaritas Nasional untuk Papua (National Solidarity for Papua)
* Other NGOs

5.2 The Committee in Charge

* Advisers: - Drs. SP Morin (MP)
- Alex Hesegem (MP)

* Chairperson: - Wim Saflesia, SH
- Sem Karoba (vice-chair)

* Secretary: - Petrus S. Latumahina 

* Treasurer: - Alen Mambrasar
- Marthen Kambuaya

* Members: - Besal Rumfaker
- Dan de Fretes
- Doli Kalem
- Budi Kogoya
- Thomas Wafom
- Mina Suebu


VI. FINANCIAL ESTIMATES

In words: One hundred and forty one million Indonesian rupiahs 
Equiv US$: Fifteen Thousand, Six Hundred and Sixty Seven US Dollars 
Requested funds US$: Four Thousand and Seven Hundred US Dollars 


VI. CLOSURE

We are doing our best, based on what we have and what we can do, in supporting our struggle 
towards a free and independent West Papua. The assassination of the Late Dortheys Hiyo Eluay is 
one of the important as well as historic incidents in West Papua history.

Revealing the motif, the murderers' names and the party that gave order to execute the assassination 
as well as to place the incident into its proper status within Indonesian law are in lines with our 
non-violent, democratic, and civilised way to reach the goal of our nation and the wish of our 
people, all in search of truth and justice for West Papua.

Jakarta, 30 May 2002

The Papuan Youth Communication Forum in Jakarta - AMP International



Sem Karoba Wim Saflesia, SH
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Vice-Chair Chairperson