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WEST PAPUA: Assassination of Theys Eluay, independence leader

October 11, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION <br>
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
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12 November 2001 <br>
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UA-37-2001 - Assassination of Theys Eluay, independence leader <br>
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WEST PAPUA: Political abduction and murder <br>
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Theys Eluay, foremost political independence leader of West Papua and chairman of the Presedium Dewan Papua (Papua Praesidium Council), was abducted and murdered on Saturday night by unknown assailants. The killing follows Eluay's vocal rejection last week of a Special Autonomy package offered by the Indonesian government to appease separatist sentiments. This must be considered a political assassination, and needs to be thoroughly, independently and transparently investigated and expeditiously prosecuted. <br>
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FACTS OF THE CASE <br>
[Information from local partners and Human Rights Watch] <br>
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According to local sources, Theys Eluay's last hours began with his attendance at the provincial government's 'Heroes Day' reception at the Hotel Matoa in Jayapura at 6pm on November 10, 2001. From the hotel, he went directly to another event - to which he was invited by the regional military - in Hamadi, South Jayapura. He called his wife on his cell phone as he was leaving to tell her he was on the way home. <br>
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At 10:10pm, Eluay's driver, Aristoteles Masoka, made an anguished call to Eluay's home saying that Eluay had been abducted by \&quot;amber\&quot; (a local word for non-Papuans) in a place known as Skyline, the highest point around, between the villages of Entop and Kotaraja, located some ten kilometres from Jayapura. As the driver was speaking, the phone was cut off, according to Eluay's family. His whereabouts are not known, and as he is the only eyewitness aside from the perpetrators, there are grave fears for his safety. <br>
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The family immediately called the police, and on Sunday morning, Theys' body was found together with his car in Koya, about nine kilometres from the Papua New Guinea border. Police took the body back to Jayapura for autopsy. The results of the autopsy are not yet available. <br>
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On December 1, Eluay was planning a public event to mark the anniversary of a December 1, 1961 declaration of independence by Papuan separatists. He had been arrested in the past for participating in pro-independence ceremonies on that day. <br>
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Eluay's widow, Yaneke, has accused the Indonesian security forces of organising the killing, and many Papuan's with the same opinion yesterday burned the marketplaces in Abepura and Eluay's hometown of Sentani. Papuan students are fearful of the development of horizontal conflict in Papua during this week. They are organising peaceful protests to call for proper investigation for this assassination. <br>
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SUGGESTED ACTION <br>
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Write to the President and the head of the National Human Rights Commission, asking them to both initiate independent, transparent and competent inquiries to ascertain the facts of this case, and to bring the perpetrators and organisers of Eluay's assassination to prosecution quickly. <br>
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SAMPLE LETTER <br>
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Dear Madam President and Commissioner Nababan <br>
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I am deeply disturbed by the assassination on 10th November 2001 of Mr. Theys Eluay, chairman of Presedium Dewan Papua. He was abducted from a place known as 'Skyline' (around 10km from Jayapura) whilst driving from official government and military 'Heroes Day' engagements in Jayapura to his home in Sentani. He was murdered that evening and his body found 9km from the PNG border. We are also concerned for the safety of Mr. Eluay's driver, Aristoteles Masoka, who witnessed the abduction. <br>
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Due to Mr. Eluay's opposition to the recent Special Autonomy package offered by Madam President, there is a great deal of suspicion in the Indonesian and international human rights community about the motives for his assassination. Hence, I respectfully urge both the government and Komnas HAM to investigate the murder of Theys Eluay. The two investigation teams must be fully independent, transparent and competent, and the results must be made public and used expeditiously for prosecution of all perpetrators. Anything less than this would see a further disintegration into civil and ethnic unrest in Papua. <br>
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Yours sincerely <br>
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SEND LETTERS TO <br>
<br>
Mrs. Megawati Sukarnoputri <br>
President, Republic of Indonesia <br>
Presidential Palace, Jakarta <br>
Istana Negara, Indonesia. <br>
Fax: (62 21) 345 7782 <br>
SALUTATION: Your Excellency <br>
<br>
Mr. Asmara Nababan <br>
Secretary General <br>
Komnas HAM <br>
Jl. Latuharhary No. 4B Menteng <br>
Jakarta Pusat <br>
FAX: (62 21) 392 5227 <br>
EMAIL: info@komnas.go.id <br>
SALUTATION: Dear Mr. Nababan <br>
<br>
SEND A COPY OF YOUR LETTER TO <br>
<br>
Ms. Hina Jilani <br>
Special Representative of the Secretary-General on the situation of human rights defenders <br>
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland <br>
Fax: (41 22) 917 9006 <br>
webadmin.hchr@unog.ch <br>
PLEASE MARK: ATT - SPECIAL RAPPORTEUR HINA JILANI <br>

Document Type :
Urgent Appeal Case
Document ID :
UA-37-2001
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.