Claire Charters, an expert in indigenous rights in international and constitutional law, has told the United Nations the New Zealand government is pushing the most “regressive” policies she has ever seen.

“New Zealand’s policy on the Declaration (on the Rights of Indigenous Peoples) sits alongside its legislative strategy to dismantle Māori rights in Aotearoa New Zealand, which has received global attention for its regressiveness,” said Charters.

Charters (Ngāti Whakaue, Ngāti Tūwharetoa, Ngāpuhi and Tainui) made the comment during an address last week to the United Nations Permanent Forum on Indigenous Issues (UNPFII).

• READ MORE: Indigenous Peoples sidelined in global climate fight, UN warns
• Other indigenous rights reports

While in New York, Charters organised meetings between senior UN officials, New Zealand diplomats, and Māori attending UNPFII.

The officials included the UN Special Rapporteur on Indigenous Rights, Dr Albert Barume, Sheryl Lightfoot, the Vice-Chair of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), and EMRIP Chair Valmaine Toki (Ngāti Rehua, Ngātiwai, Ngāpuhi).

Charters said the New Zealand government should be of exceptional concern to the UN, given that the country’s Minister of Foreign Affairs, Winston Peters, had publicly expressed his rejection of the declaration.

In 2023, Peters’ party NZ First announced it would withdraw New Zealand from UNDRIP, citing concerns over race-based preferences.

In the same year, Peters claimed Māori were not indigenous peoples.

“New Zealand’s current government, and the Minister of Foreign Affairs specifically, has expressly rejected the Declaration on the Rights of Indigenous Peoples. It has committed to not implementing the declaration,” said Charters.

Indigenous people’s forum at the United Nations.    Video: UN News

Charters invited the special rapporteur to visit New Zealand but also noted that the government ignored EMRIP’s request for a follow-up visit to support New Zealand’s implementation of UNDRIP.

She also called on the Permanent Forum to take all measures to require New Zealand to implement the declaration.

Republished from Te Ao Māori News with permission.

Is it just me or is it not more than a little odd that coverage of current events in New Caledonia/Kanaky is dominated by the inconvenience of tourists and rescue flights out of the Pacific paradise.

That the events are described as “disruption” or “riots” without any real reference to the cause of the actions causing inconvenience. The reason is the armed enforcement of “order” is flown into this Oceanic place from Europe.

I guess when you live in a place called “New Zealand” in preference to “Aotearoa” you see these things through fellow colonialist eyes. Especially if you are part of the dominant colonial class.

• READ MORE:  Macron says ‘peace, calm and security’ his top priority for New Caledonia
• LISTEN TO RADIO WAATEA: Interview with Jessie Ounei and David Small
• Liberation for New Caledonia’s Kanak people ‘must come’, says media educator — Audio
• President Emmanuel Macron to fly to New Caledonia within hours
• ‘You are not alone’ Pacific messages of solidarity for Kanaky
• Other Kanaky New Caledonia crisis reports

How different it looks if you are part of an indigenous people in Oceania — part of that “Indigenous Ocean” as Damon Salesa’s recent award-winning book describes it. The Kanaks are the indigenous Melanesian inhabitants of New Caledonia.

The indigenous movement in Kanaky is engaged in a fight against the political structures imposed on them by France.

Obviously there are those indigenous people who benefit from colonial rule, and those who feel powerless to change it. But increasingly there are those who choose to resist.

Are they disrupters or are they resisting the massive disruption which France has imposed on them?

People who have a lot of resources or power or freedom to express their culture and belonging tend not to “riot”. They don’t need to.

Not simply holiday destinations
The countries of Oceania are not simply holiday destinations, they are not just sources of people or resource exploitation until the natural resources or labour they have are exhausted or no longer needed.

They are not “empty” places to trial bombs. They are not “strategic” assets in a global military chess game.

Each place, and the ocean of which they are part have their own integrity, authenticity, and rights, tangata, whenua and moana. That is only hard to understand if you insist on retaining as your only lens that of the telescope of a 17th or 18th century European sea captain.

The natural alliance and concern we have from these islands, is hardly with the colonial power of France, notwithstanding the apparent keenness of successive recent governments to cuddle up to Nato.

A clue — we are not part of the “North Atlantic”.

We have our own colonial history, far from pristine or admirable in many respects. But we are at the same time fortunate to have a framework in Te Tiriti which provides a base for working together from that history towards a better future.

Those who would debunk that framework or seek to amend it to more clearly favour the colonial classes might think about where that option leads.

And when we see or are inconvenienced by independence or other indigenous rights activism in Oceania we might do well to neither sit on the fence nor join the side which likes to pretend such places are rightfully controlled by France (or the United States, or Australia or New Zealand).

Rob Campbell is chancellor of Auckland University of Technology (AUT), chair of Ara Ake, chair of NZ Rural Land and former chair of Te Whatu Ora. This article was first published by The New Zealand Herald and is republished with the author’s permission.

A global alliance of civil society organisations has protested to Philippine President Ferdinand “Bongbong” Marcos Jr in an open letter over the “judicial harassment” of human rights defenders and the designation of five indigenous rights activists as “terrorists“.

CIVICUS, representing some 15,000 members in 75 countries, says the harassment is putting the defenders “at great risk”.

It has also condemned the “draconian” Republic Act No. 11479 — the Anti-Terrorism Act — for its “weaponisation’ against political dissent and human rights work and advocacy in the Philippines.

• READ MORE: President Marcos marks one year with ‘narrative control’
• Other Philippine human rights reports

The CIVICUS open letter said there were “dire implications on the rights to due process and against warrantless arrests, among others”.

The letter called on the Philippine authorities to:

• Immediately end the judicial harassment against 10 human rights defenders by withdrawing the petition in the Quezon City Regional Trial Court Branch 84;
• Repeal Resolution No. 35 (2022) designating the six human rights defenders as terrorist individuals and unfreeze their property and funds immediately and unconditionally;
• Drop all charges under the ATA against activists in the Southern Tagalog region; and
• Halt all forms of intimidation and attacks on human rights defenders, ensure an enabling environment for human rights defenders and enact a law for their protection.

The full letter states:

President of the Republic of the Philippines
Malacañang Palace Compound
P. Laurel St., San Miguel, Manila
The Philippines.

Dear President Marcos, Jr.,

Philippines: Halt harassment against human rights defenders

CIVICUS: World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society worldwide. Founded in 1993, CIVICUS has over 15,000 members in 175 countries.

We are writing to you regarding a number of cases where human rights defenders are facing judicial harassment or have been designated as terrorists, putting them at great risk.

Judicial harassment against previously acquitted human rights defenders
CIVICUS is concerned about renewed judicial harassment against ten human rights defenders that had been previously acquitted for perjury. In March 2023, a petition was filed by prosecutors from the Quezon City Office of the Prosecutor, with General Esperon and current NSA General Eduardo Ano seeking a review of a lower court’s decision against the ten human rights defenders. They include Karapatan National Council members Elisa Tita Lubi, Cristina Palabay, Roneo Clamor, Gabriela Krista Dalena, Dr. Edita Burgos, Jose Mari Callueng and Fr. Wilfredo Ruazol as well as Joan May Salvador and Gertrudes Libang of GABRIELA and Sr Elenita Belardo of the Rural Missionaries of the Philippines (RMP).

The petition also includes the judge that presided over the case Judge Aimee Marie B. Alcera. They alleged that Judge Alcera committed “grave abuse of discretion” in acquitting the defenders. The petition is now pending before the Quezon City Regional Trial Court Branch 84 Presiding Judge Luisito Galvez Cortez, who has asked the respondents to comment on Esperon’s motion this July and has scheduled a hearing on 29 August 2023.

Human rights defenders designated as terrorists
CIVICUS is also concerned that on 7 June 2023, the Anti-Terrorism Council (ATC) signed Resolution No. 41 (2022) designating five indigenous peoples’ leaders and advocates – Sarah Abellon Alikes, Jennifer R. Awingan, Windel Bolinget, Stephen Tauli, and May Casilao – as terrorist individuals. The resolution also freezes their property and funds, including related accounts.

The four indigenous peoples’ human rights defenders – Alikes, Awingan, Bolinget and Tauli — are leaders of the Cordillera People’s Alliance (CPA). May Casilao has been active in Panalipdan! Mindanao (Defend Mindanao), a Mindanao-wide interfaith network of various sectoral organizations and individuals focused on providing education on, and conducting campaigns against, threats to the environment and people of the island, especially the Lumad. Previously, on 7 December 2022, the ATC signed Resolution No. 35 (2022) designating indigenous peoples’ rights defender Ma. Natividad “Doc Naty” Castro, former National Council member of Karapatan and a community-based health worker, as a “terrorist individual.”

The arbitrary and baseless designation of these human rights defenders highlights the concerns of human rights organizations against Republic Act No. 11479 or the Anti-Terrorism Act, particularly on the weaponization of the draconian law against political dissent and human rights work and advocacy in the Philippines and the dire implications on the rights to due process and against warrantless arrests, among others.

Anti-terrorism law deployed against activists in the Southern Tagalog region
We are also concerned about reports that the Anti-Terrorism Act (ATA) has been deployed to suppress and persecute human rights defenders in the Southern Tagalog region, which has the most number of human rights defenders and other political activists criminalised by this law. As of July 2023, up to 13 human rights defenders from Southern Tagalog face trumped-up criminal complaints citing violations under the ATA. Among those targeted include Rev. Glofie Baluntong, Hailey Pecayo, Kenneth Rementilla and Jasmin Rubio.

International human rights obligations
The Philippines government has made repeated assurances to other states that it will protect human rights defenders including most recently during its Universal Periodic Review in November 2022. However, the cases above highlight that an ongoing and unchanging pattern of the government targeting human rights defenders.

These actions are also inconsistent with Philippines’ international human rights obligations, including those under the International Covenant on Civil and Political Rights (ICCPR) which Philippines ratified in 1986. These include obligations to respect and protect fundamental freedoms which are also guaranteed in the Philippines Constitution. The Philippines government also has an obligation to protect human rights defenders as provided for in the UN Declaration on Human Rights Defenders and to prevent any reprisals against them for their activism.

Therefore, we call on the Philippines authorities to:

• Immediately end the judicial harassment against the ten human rights defenders by withdrawing the petition in the Quezon City Regional Trial Court Branch 84;
• Repeal Resolution No. 35 (2022) designating the six human rights defenders as terrorist individuals and unfreeze their property and funds immediately and unconditionally;Drop all charges under the ATA against activists in the Southern Tagalog region;
• Halt all forms of intimidation and attacks on human rights defenders, ensure an enabling environment for human rights defenders and enact a law for their protection.

We urge your government to look into these concerns as a matter of priority and we hope to hear from you regarding our inquiries as soon as possible.

Regards,

Sincerely,

David Kode
Advocacy & Campaigns Lead
CIVICUS: World Alliance for Citizen Participation

Cc: Eduardo Año, National Security Adviser and Director General of the National Security Council
Jesus Crispin C. Remulla, Secretary, Department of Justice of the Philippines
Atty. Richard Palpal-latoc, Chairperson, Commission on Human Rights of the Philippines

French Polynesia’s pro-independence leader Oscar Temaru has accused the environment minister of defamation over seabed mining.

Last week, Environment Minister Heremoana Maamaatuaiahutapu claimed Temaru’s party Tavini Huiraatira did not support an assembly vote on a seabed mining moratorium because Temaru had signed a mining contract with China when he was president.

Temaru denied this, saying it had never been a policy of Tavini Huiraatira party to “sell off the country or its soul”.

• READ MORE: Other Oscar Temaru reports

The moratorium called for a block on any activity until more is known as there had to be evaluations to understand the risks seabed mining posed to the environment.

Temaru said his party did not support the assembly’s moratorium text because it did not tie mining rights to decolonisation.

The Tavini wants the moratorium linked to a 2016 UN resolution which urges the administering power to guarantee the permanent sovereignty of the people of French Polynesia over its natural resources, including marine resources and submarine minerals.

While Temaru’s party wants to formalise recognition of the property rights of French Polynesia, France considers the exclusive economic zone of French Polynesia to be a French national asset.

Huge economic zone
French Polynesia’s exclusive economic zone (EEZ) is more than 4.7 million sq km and accounts for almost half of the water surface under French jurisdiction.

Temaru said the UN process called on France to respect the territory’s right to sovereignty over all resources, including those at sea.

He said under French law, the state could claim French Polynesia’s resources if they were declared of strategic value.

Paris believes it has the rights to the territory’s seabed and continental shelves, which are thought to be rich in rare earths.

Three years ago, France submitted a claim to extend the continental shelves in French Polynesia by almost a quarter of a million sq km.

The submission had been made in New York at the Commission on the Limits of the Continental Shelf in the presence of Maamaatuaiahutapu.

Obligations to indigenous
In 2019, a lawyer of the group Blue Ocean Law Julian Aguon said that while France had designs to exploit seabed resources it also had fiduciary obligations as by law the indigenous people had permanent sovereignty over natural resources.

He said France was a party to both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, which were binding treaties.

Aguon said a precedent was set by the International Court of Justice when it ruled in favour of Nauru which challenged Australia for breaching trusteeship obligations over phosphate mining.

This article is republished under a community partnership agreement with RNZ. 

Crisis is a word often used in politics and the media — the covid crisis, the housing crisis, the cost of living crisis, and so on. The term usually refers to single events at odds with common ideas of what’s acceptable, fair or good.

But in New Zealand, Australia and elsewhere, Indigenous policy can be portrayed as a different kind of crisis altogether.

Indeed, it can often just seem like one crisis after another, one policy failure after another: poor health, poor education, all kinds of poor statistics. A kind of permanent crisis.

• READ MORE: Indigenous recognition is more than a Voice to Government – it’s a matter of political equality
• Racism, exclusion and tokenism: how Māori and Pacific science graduates are still marginalised at university
• Can colonialism be reversed? The UN’s Declaration on the Rights of Indigenous Peoples provides some answers

Policy success, on the other hand, often doesn’t fit the crisis narrative: record low Māori unemployment, for instance, or the Māori economy being worth NZ$70 billion and forecast to grow 5 percent annually.

It may be that crisis makes better headlines. But we also need to ask why, and what the deeper implications might be for Indigenous peoples and policy in Aotearoa New Zealand and Australia.

Colonialism as crisis
Last month, I published a journal article titled “The crisis of policy failure or the moral crisis of an idea: colonial politics in contemporary Australia and New Zealand”. In it I argue that when public services don’t work well for Indigenous peoples, the explanation does not just come down to isolated examples of policy failure.

The solution is not that governments simply get better at making policy. Instead, colonialism itself is what I call “the moral crisis of an idea”.

Earlier this year, former Australian Prime Minister Scott Morrison said that Indigenous policy usually fails because:

[Governments] perpetuated an ingrained way of thinking, passed down over two centuries and more, and it was the belief that we knew better than our Indigenous peoples. We don’t. We also thought we understood their problems better than they did. We don’t. They live them.

Morrison was describing a problem with the way the system ordinarily works. Yet a crisis is supposed to be something out of the ordinary, something that needs fixing. How, then, do we fix an idea?

Listening, reflection and justification
Colonialism presumes a moral hierarchy of human worth. It presumes Indigenous people shouldn’t have the same influence over public decision making as others (for example, ensuring a hospital or school works in their favour).

Addressing this problem is the point of the Māori Health Authority, established in New Zealand last month, and the Māori Education Strategy released in 2020.

The democratic theorist John Dryzek says there is a crisis of communication in modern democracy. This is because people understate the importance of listening, reflection and justification in public decision making.

Colonialism, however, doesn’t require listening, reflection or justification. Its essential idea is that some people just aren’t as entitled as others to a meaningful say in public policy.

Entrenching listening, reflection and justification in the workings of democratic politics would support different and non-colonial aspirations. This is something I have called “sharing the sovereign” in my 2021 book of the same name.

Sharing the sovereign
Sharing the sovereign means recognising many sites of decision-making authority. This is the point of the treaties being considered in Victoria, the Northern Territory and Queensland. It’s also the point of Te Tiriti o Waitangi/the Treaty of Waitangi in Aotearoa New Zealand.

Te Tiriti affirmed the Māori right to authority (rangatiratanga) over their own affairs. It also conferred on Māori the rights and privileges of British subjects, which continue to evolve as New Zealand citizenship. This was the right to influence the affairs of the new state — the right to be part of the new state in a meaningful way.

Successive Waitangi Tribunal reports show that crisis in Māori policy occurs when these two simple ideas of independent authority and meaningful participation in the state are absent.

In Australia, the Victorian Treaty Assembly says: “Treaty is a chance to address [the] future together as equals”. The idea of an Indigenous voice to Parliament, which the new Australian government is supporting, is also a step towards sharing the sovereign among all citizens.

In Aotearoa New Zealand, sharing the sovereign would mean the Crown is not, in the words of the first Māori judge of the Supreme Court, Justice Joe Williams, “Pakeha, English-speaking, and distinct from Māori”.

Political equality then becomes possible because the sovereign is not an ethnically exclusive entity. It’s not an all-powerful authority over which Indigenous people should not expect any real influence.

Colonialism under permanent scrutiny
Equality through inclusivity is fundamentally different from colonialism and its inherent moral crisis. Equality and inclusivity make different assumptions about what the state is and to whom it belongs.

However, normalising public institutions to work for Indigenous peoples as well as they work for anyone else is still a contested idea. In 2019, for example, the New Zealand cabinet instructed public servants on the questions they should consider when advising ministers on Treaty/Tiriti policy.

On one hand, cabinet affirmed Māori influence in the policy process. On the other, it didn’t consider the possibility that governments might sometimes stand aside entirely in the making of effective and fair public policy. So, cabinet didn’t require advisers to ask questions such as:

• Why is the government presuming to make this decision?
• And why does the decision not belong (partly or entirely) to the sphere of tino rangatiratanga (self-determination, sovereignty)?

Asking these kinds of questions involves sharing the sovereign. They presume listening, reflection and justification to put colonialism, as the moral crisis of an idea, under permanent scrutiny.

Dr Dominic O’Sullivan, is adjunct professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and professor of political science, Charles Sturt University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

An indigenous legal challenge in a bid to annul the result of last December’s referendum on New Caledonia’s independence from France has failed.

The highest administrative court in Paris has rejected a claim by the Kanak customary Senate that the impact of the covid-19 pandemic was such that the referendum outcome was illegitimate.

More than 96 percent voted against independence in the third and last referendum under the Noumea Accord, but more than 56 percent of voters abstained.

• READ MORE: Other reports on the New Caledonian referendums

The pro-independence parties had called for a boycott of the referendum after France had rejected pleas for the vote to be postponed until this year.

When the first community outbreak of the pandemic was recorded in September, a lockdown was imposed, which was extended into October, as thousands contracted the virus and hundreds needed hospital care.

The court in Paris found that the epidemiological situation had improved in October and November and that by the time of the referendum on December 12, more than 77 percent of the population had been vaccinated.

It also said the year-long mourning declared by the Kanak customary Senate in September was not such as to affect the sincerity of the vote.

No minimum turnout
The court added that neither constitutional provisions nor the organic law make the validity of the vote conditional on a minimum turnout.

In the week before the referendum, 146 voters and three organisations filed an urgent submission to the same court, seeking to postpone the vote.

They said given the impact of the pandemic, it was “unthinkable” to proceed with such an important plebiscite.

They said because of the lockdown, campaigning had been unduly hampered as basic freedoms impinged.

However, the court rejected the challenge and voting went ahead as intended by the French government.

Rejecting the referendum outcome, the pro-independence side said apart from court action, it would seek to win the support for its position from the Pacific Islands Forum and the United Nations.

A pro-independence delegate to last month’s UN decolonisation meeting said French President Emmanuel Macron had declared after the referendum that New Caledonia showed it wanted to stay French although it was known that 90 percent of Kanaks wanted independence.

French Senate mission planned
The French Senate is hearing experts this week as its law commission prepares work on a new statute for New Caledonia following last year’s rejection of independence.

The commission, which is chaired by François-Noel Buffet, has also formed a team that will travel to New Caledonia in two weeks for talks with all stakeholders.

The team is expected to stay for a week and complete its work by the end of July.

In December, more than 96 percent voted against independence in the third and last referendum under the Noumea Accord, which had been the decolonisation roadmap since 1998.

However, the pro-independence parties refuse to recognise the result, saying their abstention had rendered the outcome of the process illegitimate.

Paris plans to hold a referendum next June on a new statute for a New Caledonia within the French republic.

Buffet said his mission to Noumea was to consider the institutional situation by consolidating the dialogue initiated by the Matignon and Noumea Accords between France and New Caledonia.

Electoral rolls issue
A key issue will be the fate of the electoral rolls.

The Noumea Accord, whose provisions have been enshrined in the French constitution, restricts voting rights to indigenous people and long-term residents.

Migration this century has added about 40,000 French citizens who remain excluded from referendums and from provincial elections.

The anti-independence parties want the rolls to be unfrozen, but the pro-independence side is strongly opposed to this.

It told the UN Decolonisation Committee that France’s intention to open the electoral rolls to French people who arrived after 1998 was the ultimate weapon to “drown” the Kanak people and “recolonise” New Caledonia.

It warned the Kanaks would be made to disappear, which would not be accepted but inevitably lead to conflict.

This article is republished under a community partnership agreement with RNZ.

A landmark case in Fiji today at the High Court in the capital Suva issued what is the country’s first environmental crime sentence.

Controversial Chinese resort development company Freesoul Limited was fined FJ$1 million for breaching two counts of Fiji’s Environmental Management Act.

The company is developing a resort on Malolo Island in the popular tourist hotspot, the Mamanuca Islands.

• READ MORE: Fiji PM apologises to NZ journalists detained over Malolo probe
• Other Malolo Island environmental reports

The company was issued a prohibition notice in June 2018 after neighbours and indigenous landowners shed light on extensive environmental damage it was causing on the coast at Malolo Island.

According to court documents, the company was issued with a prohibition notice by the Department of Environment after landowners and neighbours alerted authorities of extensive coral and mangrove damage.

The company had dug an extensive sea channel and removed local marine life to gain direct access to the resort development.

The DOE had authorised only land works because an Environmental Impact Assessment had not been done on marine works.

Freesoul denied responsibility
When charged for unauthorised development, Freesoul denied responsibility but the Magistrate Seini Puamau, who heard the initial case, was not satisfied, given DOE evidence produced in court showing Freesoul apologising for the damage.

The case was referred to High Court judge Justice Daniel Gounder who ordered Freesoul pay the DOE FJ$1 million for the rehabilitation of the marine environment damage.

Chinese resort developer Freesoul fined $650,000 for damaging Fijian mangroves and reef https://t.co/7cGoUadaoy

— ABC News (@abcnews) April 28, 2022

Justice Gounder said he was unable to issue a custodial sentence given the EMA provides for jail terms for persons not corporations.

“This case is about environment, criminal responsibility and punishment,” Justice Gounder said.

“Although the offending is not the most serious type, the offenders culpability is high.”

Justice Gounder sentenced Freesoul with the highest penalty possible under the EMA.

This article is republished under a community partnership agreement with RNZ.

Deputy chair Debora Mote of the Papuan People’s Assembly (MRP) says the Indonesian state’s security forces should be protecting indigenous Papuan women and children, not killed them.

Mote told a joint conference of the National Commission for Women and the MRP that members of the Indonesian military (TNI) and police’s task was to protect the people, including indigenous Papuan women and children in and outside conflict areas.

The TNI and police must respect the guarantees for the protection of Papuan women and children as stipulated in Special Regional Regulation No. 1/2011 on the Restoration of the Rights of Papuan Women Victims of Violence and Human Rights Violations, she said.

• READ MORE: Other West Papua reports

“There is the Special Regional Regulation No. 1/2011 on the Restoration of the Rights of Papuan Women Victims of Violence and Human Rights Violations,” said Mote.

“We hope that TNI and police are not allergic [to such a regulation]. The regulation gives a warning that instruments of the state are used to protect the people, not the other way around.”

Mote said that cases of violence inflicted by the security forces against Papuan women and children should push the MRP and the Papuan Legislative Council to further encourage the implementation of the special regional regulation.

Such an effort was important to ensure that violence against civilians in Papua did not recur, she said.

Protection key to future generations
She added that the protection of indigenous Papuan women and children would determine future generations.

“It is women, not men, who bear and give birth to the next generation. If there are children, then the children will carry on the ancestry, and inherit them,” said Mote.

A youth representative of the Evangelical Church in Indonesia (GIDI), Eneko Pahabol, regretted the conflicts and violence that continued to occur in Papua and to take a toll on indigenous Papuan women and children.

Pahabol asked why the conflict was allowed to happen.

“It’s as if one takes advantage of the armed conflict. I, as the next generation, who inherited the suffering of my parents, ask [the warring parties] to end the violent conflict completely and peacefully,” said Pahabol.

Republished with permission.

For many New Zealanders, He Puapua came shrouded in controversy from the moment it became public knowledge earlier this year.

Released only when opposition parties learned of its existence, the report on “realising” the United Nations Declaration on the Rights of Indigenous Peoples was labelled a “separatist” plan by National Party leader Judith Collins.

“Quite clearly there is a plan,” Collins said, “it is being implemented, and we are going to call it out.”

• READ MORE: New authority could transform Māori health, but only if it’s a leader, not a partner
• The Crown is Māori too – citizenship, sovereignty and the Treaty of Waitangi
• The road to reconciliation starts with the UN Declaration on the Rights of Indigenous Peoples
• Included, but still marginalised: Indigenous voices still missing in media stories on Indigenous affairs

But He Puapua is not a plan and it’s not government policy. It’s a collection of ideas drafted by people who are not members of the government. To understand its real significance we need to examine how and why it was commissioned in the first place.

‘It meant nothing’: Collins denies UN indigenous rights pact signed by National in 2010 led to He Puapua https://t.co/AZefDQPCJx

— Newshub Politics (@NewshubPolitics) July 5, 2021

Self-determination for all
He Puapua’s origins can be traced back to 2007 when the United Nations adopted the Universal Declaration on the Rights of Indigenous Peoples, confirming the human rights affirmed in all previous international declarations, covenants and agreements belonged to Indigenous peoples as much as anybody else.

It confirmed the right to self-determination belongs to everybody. Thus, in Aotearoa New Zealand, Pakeha have the right to self-determination, and so do Māori.

At the time, 143 UN member states voted for the declaration, including the major European colonial powers of Britain, Belgium, France, Spain, Portugal and the Netherlands.

‘Helen Clark got it right’: Seymour calls for Parliament to discard Declaration on the Rights of Indigenous Peoples https://t.co/Q9WopK9RNa

— Newshub Politics (@NewshubPolitics) July 4, 2021

There were 11 abstentions, but four states voted against — Australia, Canada, New Zealand and the United States. They were especially concerned about the scope of Article 28(2) which deals with compensation for confiscated or other dishonestly acquired land:

Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

New Zealand was worried this article would justify returning much more Māori land than was already occurring under te Tiriti o Waitangi (Treaty of Waitangi) settlements.

Future aspirations
However, the phrase “other appropriate redress” is open to less restrictive interpretation. In 2010, the National-led government decided the declaration did not threaten freehold private property rights. Then Prime Minister John Key argued:

While the declaration is non-binding, it both affirms accepted rights and establishes future aspirations. My objective is to build better relationships between Māori and the Crown, and I believe that supporting the declaration is a small but significant step in that direction.

Australia, Canada and the United States also changed their positions. In 2019, New Zealand’s Labour-led government established a working group to advise on developing a plan for achieving the aims of the UN declaration. These aims are not just concerned with land rights, but also with things like health, education, economic growth, broadcasting, criminal justice and political participation.

Not government policy
He Puapua, the group’s report, was provided to the government in 2019. However, the government didn’t accept a recommendation that the report be promptly released for public discussion.

According to Prime Minister Jacinda Ardern, this was due to the risk it could be “misconstrued” as government policy.

Nevertheless, it has now been released and the government appears to have accepted the recommendation that Māori should be actively involved in drafting a plan.

Collins also objected to the report’s description of this involvement as “co-design”. What she can’t say, however, is that including people in policy making is separatist. Inclusion is an essential democratic practice.

He Puapua also uses co-design to describe Māori involvement in the delivery of social services and the protection of the natural environment. This involvement isn’t new, but He Puapua says it should be strengthened.

And while there may be arguments against this kind of inclusivity (for example, co-design is a weaker authority than the rangatiratanga affirmed in te Tiriti), calling it separatist is an error of fact.

Securing rangatiratanga
Rangatiratanga describes an independent political authority and is consistent with international human rights norms. It has gradually influenced public administration in New Zealand under successive governments over more than 40 years.

He Puapua says there are human rights arguments for strengthening and securing rangatiratanga.

In fact, the UN declaration may help clarify how independent authority might work in practice, especially in the context of the Crown’s right to govern — which the declaration also affirms.

It’s time for the B.C. NDP to get serious about UNDRIP, Indigenous leaders say https://t.co/2qT98Qu9Ye

— CBC Indigenous (@CBCIndigenous) October 27, 2020

Separatism versus sameness
He Puapua’s potentially most controversial idea involves creating “a senate or upper house in Parliament that could scrutinise legislation for compliance with te Tiriti and/or the Declaration”.

There are reasons to think this won’t get far. The government has already rejected it, and the idea was raised in just one paragraph of a 106-page report. But its inclusive intent shows why “separatism versus sameness” is the wrong way to frame the debate.

What it means to ensure all, and not just some, people may exercise the right to self-determination requires deeper thought. In that sense, He Puapua might usefully be read in conjunction with British Columbia’s draft action plan on the UN declaration.

Released only last month for public consultation, the plan coincided with the Canadian federal parliament passing legislation committing to implement the declaration. The British Columbian plan addressed four themes:

• self-determination and inherent right of self-government
• title and rights of Indigenous peoples
• ending Indigenous-specific racism and discrimination
• social, cultural and economic well-being.

He Puapua in practice
Some of the plan’s specific measures are not relevant to New Zealand and some may be contested. But its important general principles draw out some of the basic attributes of liberal inclusivity.

Those include ensuring people can live according to their own values, manage their own resources, participate in public life free of racism and discrimination, and define for themselves what it means to enjoy social, cultural and economic well-being.

British Columbia’s far-reaching proposals can inform New Zealand’s debate about what He Puapua’s proposals might mean in practice.

As I try to show in my book ‘We Are All Here to Stay’: citizenship, sovereignty and the UN Declaration on the Rights of Indigenous Peoples, there are ways state authority can be arranged to reject the colonial assumption that some people are less worthy of the right to self-determination than others.

This requires radical inclusivity.

Dr Dominic O’Sullivan, Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology and Professor of Political Science, Charles Sturt University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Dr Haunani-Kay Trask, a Hawai’ian leader and sovereignty activist with a distinguished career as an academic at the University of Hawai’i, died today at age 71.

The sovereignty organisation Ka Lahui Hawai‘i on Facebook shared a post recalling Trask’s legacy, “We love you our great kumu, leader, and voice for our Lahui! Ue na lani.”

Trask began teaching at the University of Hawai’i at Manoa in 1981 and became the founding director of the university’s Centre for Hawaiian Studies, although her influence was not limited to her academic career.

“She dedicated her life to the plight of Hawaiians, for the return of our lands and for the path toward sovereignty,” said Ka Lahui Hawai‘i spokeswoman Healani Sonoda-Pale in a statement.

“Her voice was an important voice in our movement — probably the most important voice in our movement — in terms of uplifting, educating and empowering our people.”

Trask retired from her position at UH in 2010 but remained active in promoting Hawai’ian culture and rights. The university in April announced that Trask had been elected to the American Academy of Arts and Sciences.

Kekuewa Kikiloi, director of the UH Kamakakuokalani Centre for Hawai’ian Studies, said in a statement that Trask was a visionary leader of the Hawai’ian sovereignty movement.

inspired critical thinking
“She served her career as tenured professor in our department inspiring critical thinking and making important contributions in areas of settler colonialism and indigenous self-determination,” Kikiloi said in an email.

“More importantly, she was a bold, fearless, and vocal leader that our lahui needed in a critical time when Hawaiian political consciousness needed to be nurtured. Our center mourns her passing and sends our aloha and to the Trask ‘ohana.

“Our department remains committed to carrying on the legacy of Professor Trask in educating and empowering the lahui.”

Hawai‘inuiakea School of Hawai’ian Knowledge dean Jonathan Kamakawiwo‘ole Osorio also provided a statement following the news of Trask’s death.

“Professor Trask was a fearless advocate for the Kanaka Maoli (Native Hawai’ians) and was responsible for inspiring thousands of brilliant and talented Hawaiians to come to the University of Hawai‘i,” Osorio said in a statement.

“But she also inspired our people everywhere to embrace their ancestry and identity as Hawai’ians and to fight for the restoration of our nation. She gave everything she had as a person to our Lahui and her voice, her writing and her unrelenting passion for justice will, like our Queen, always represent our people.

“E ola mau loa e Haunani Kay Trask, ‘aumakua of the poet warrior.”

Sonoda-Pale said Trask had been ill for some time, but did not disclose the details of her situation.

• The Haunani-Kay Trask web page

It feels like every day brings more harrowing claims of harassment, bullying and abuse of women in Australia’s community.

In the space of just two months, we have seen Brittany Higgins’ claims she was raped at parliament, historical rape allegations against Christian Porter (which he denies), staffers performing sex acts on the desks of female MPs, MP Andrew Laming’s harassment of women and Prime Minister Scott Morrison’s “bullying” of Australia Post CEO Christine Holgate.

Last week, senior Indigenous academics authored an open letter, decrying the lack of public concern and national planning about the violence against First Nations women. Indigenous people are 32 times more likely to be hospitalised for family violence than a non-Indigenous adult.

• READ MORE: No public outrage, no vigils: Australia’s silence at violence against Indigenous women
  

And as Australia marks 30 years since the royal commission into Aboriginal deaths in custody, the massive over-representation of Indigenous women in the prison population remains a “national shame”.

There is hope
Many women are understandably feeling traumatised, triggered, overwhelmed and exhausted. And it would be easy to think it is all bad news and nothing is changing.

But there is hope. As a result of what has emerged, we have seen an outpouring of rage from people around Australia who are fed up with the way we treat women and victim-survivors.

As an organiser of the recent March 4 Justice rally in Canberra, I saw firsthand the collective anger and frustration directed at federal parliament and wider society and the thirst for change.

I’m also taking heart from the many Australians — some household names, some less well-known — who are fighting for change and making a difference to gender equality. Here are just nine.

1. Grace Tame
Grace Tame is the 2021 Australian of the Year for her advocacy for survivors of sexual assault. She is a prime example of how one person can make concrete change.

As a teenager, Tame was groomed and sexually abused by her school teacher. But despite his conviction and jailing, she was unable to publicly share her story because of Tasmania’s sexual assault victim gag laws.

Almost a decade later, her experience was a catalyst for the creation of the #LetHerSpeak campaign , which reformed these laws.

Tame is now redefining what it means to be a survivor of abuse. Her focus is on empowering survivors and using education as the primary method of prevention. As she says,

Change is happening and it’s happening right now.

2. Brittany Higgins
Brittany Higgins can arguably be credited as prompting Australia’s second #MeToo wave.

A former Liberal staffer, Higgins came forward in February with allegations she was raped in parliament house by a male colleague. In part, she was inspired by Tame’s call to arms a month earlier.

Higgins’ claims have rocked Australian politics, sparking a fresh focus into its toxic culture. In the weeks since, more allegations of sexism and assault in politics have emerged, with an independent inquiry into parliament house culture now underway.

But Higgins has also ignited the anger of many around Australia, resulting in nationwide protests against sexism and gendered violence. In her speech at the March 4 Justice rally in Canberra, she said,

I came forward with my story to hopefully protect other women.

3. Latoya Aroha Rule
Aroha Rule, a Wiradjuri and Māori Takatāpui person, is an activist and writer.

After their brother Wayne Fella Morrison died in custody, Aroha Rule created the #JusticeforFella campaign and helped organise nationwide protests calling for justice for the hundreds of Aboriginal people who have died in custody.

Around the recent March 4 Justice rallies, Aroha Rule played a pivotal role, drawing attention to the experiences of First Nations women.

As they wrote in The Guardian:

Women’s liberation marches have been growing since the 1960s in Australia, just as the incarceration rates and deaths of Aboriginal women in custody have steadily increased.

They also point out the complexity of experiences and perspectives when it comes to equality, race, gender and sexuality.

4. Stella Donnelly
Stella Donnelly is a singer-songwriter who writes music that critiques rape culture, the patriarchy and Australian politics.

Her first song, “Boys Will Be Boys”, was written about a friend’s sexual assault and released in 2017 during the “first wave” of the #MeToo movement in Australia. It was quickly adopted as an anthem by victim-survivors.

Why was she all alone

Wearing her shirt that low

They said, ‘boys will be boys’

Deaf to the word no

Through a “reel-‘em-in, knock-’em-out” comedic style of lyrics and indie-pop tunes, Donnelly sparks awareness of issues like sexism and sexual assault for a wide audience.

5. Amy McQuire
Amy McQuire, a Darumbal and South Sea Islander woman from Rockhampton, is a journalist, writer and PhD candidate, researching media representations of violence against Aboriginal women.

She is one of a number of younger Indigenous voices who are helping to put First Nations women at the centre of conversations about violence against women and equality.

McQuire has written extensively on Aboriginal deaths in custody and the erasure of Aboriginal women from the mainstream feminist movement and discussions about domestic violence.

If you think Aboriginal women have been silent, it’s only because you haven’t heard us, our voices now hoarse after decades of screaming into the abyss of Australia’s apathy.

She also writes about the racism inherent in violence against Indigenous women.

In Australia, violence was not just used as a tool of patriarchy – it was and is used as a tool of colonialism.

When we talk about eliminating violence against Aboriginal women, we aren’t just talking about individual acts, or solely interpersonal violence. Sexual violence was and is used as a strategy to mark our bodies as acceptable for violation, not just by individuals, but by the forces of the state.

6. Saxon Mullins
In a 2018 Four Corners episode, Mullins told the story of her 2013 sexual assault and the widely publicised trials and appeals that followed.

This generated debate about sexual consent laws and how they differ around the country. The NSW Law Reform Commission then reviewed the section of the Crimes Act that deals with sexual assault and consent (the final report was a disappointment to those wanting comprehensive reforms).

Mullins recently founded the Rape and Sexual Assault Research and Advocacy Centre. It aims to prevent sexual violence through reforming consent laws and raising public understanding of consent, healthy relationships and sex education.

As she recently told the ABC’s 7.30 programme:

I have moved into an advocacy position […] this feels like my resolution. This feels like me being able to finish this story how I think it should be finished with real change.

7. Yasmin Poole
Yasmin Poole is a speaker, writer and youth advocate who champions the inclusion of young women, particularly women of colour, in political conversations.

In 2019, she was listed in both the 40 Under 40 Most Influential Asian Australians and the Australian Financial Review’s 100 Women of Influence. She was also named The Martin Luther King Jr Center’s 2021 Youth Influencer of the Year.

After the March 4 Justice, Poole criticised Morrison’s comments about the rally — he said protesters in other countries are often “met with bullets” — and the inadequate handling of Higgins’ allegations by the government.

I’m not thankful for not being shot. I’m furious. I am angry that any young woman that desires or aspires to go into politics now will have to think twice.

Poole clearly demonstrates that young women need not wait to speak up about political issues and create societal change. They aren’t simply “future leaders” but, like Poole, are already leading the way.

8. Nicole Lee
Nicole Lee is a family violence and disability activist. As a woman with disability and a survivor of family violence, Lee fights for the rights of survivors who are often excluded from this conversation altogether.

As a member of Victoria’s Victims Survivors Advisory Council, Lee has helped shaped the state’s response to family violence.

We can’t get away from the fact that women with disabilities are vulnerable. Society is slowly changing, but as much as people hate hearing it women are already on the back foot and then you add a disability […] we’re so much further behind.

9. Caitlin Figueiredo
Caitlin Figueiredo is an Anglo-Indian woman, internationally recognised activist and social entrepreneur.

She is the founder and CEO of Jasiri Australia, a youth-led movement that encourages girls to be leaders in their communities, and fights for the increased representation of women in politics through leading the Girls Takeover Parliament program.

As Figueiredo said in 2017:

I want to accelerate change.

Dr Blair Williams, a research fellow, Global Institute for Women’s Leadership (GIWL), Australian National University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Indigenous people fought alongside youth movements in the creation of an Indonesian nation. But, in the historical writing of Indonesia’s struggle for independence from colonial powers, stories of Indigenous people’s role are nearly non-existent compared to that of the elite educated youth leaders.

This lack of representation reflects the marginalisation of Indigenous peoples, which continued throughout Indonesia’s 75 years of independence.

Indigenous people, whose traditional knowledge and way of life proved to be a force to be reckoned with during the current covid-19 pandemic and who for generations serve as guardians of forests and natural environments, continue to be stigmatised and experience oppression in their own country.

• READ MORE: West Papua, oil palm expansion undermines the relations of indigenous Marind people to forest plants and animals
  

Nearly 20 million, out of a total of 268 million Indonesians, Indigenous peoples are often being associated with “dirty, primitive, underdeveloped, alien, to forest encroacher.”

The stigma resulted in them being underrepresented, either economically, socially, politically, and culturally.

In addition, these communities suffered oppression from the government’s economic driven investment, evicting them from their customary lands to make way for large scale forestry, mining, and plantations.

Freedom fighters
History books barely mention how Indigenous peoples took arms with the Youth movement during the struggle for independence and helped to finally established the Republic of Indonesia.

Rukka Sombolinggi, who comes from the Toraja tribe in South Sulawesi, recalled the experience of her own family. She said that her great grandfather and grandfather were freedom fighters who fought along with students.

Rukka is the secretary-general of the Alliance of Indigenous Peoples of the Archipelago (AMAN). The alliance currently represents 2366 indigenous communities throughout Indonesia or more than 18 million individual members.

“My grandfather died as a veteran. The history might not have recorded Indigenous Peoples’ roles for fighting the colonialism, but there were hundreds of thousands of them who died in the wars. Unfortunately, history recorded only the youths movements,” said Sombolinggi.

Sandra Moniaga, a Commissioner for Assessment and Research at the National Commission of Human Rights (Komnas HAM), said the majority of Indigenous Peoples, such as Sedulur Sikep in Java, were among the groups who rejected to collaborate with the Dutch colonialists.

Moniaga added that Indigenous peoples have a unique contribution to Indonesia’s struggle for independence. “They preserve Indonesia’s local cultures, protecting our identity as a nation known with hundreds of tribes and cultures,” she said.

Forest guardians
Most of Indigenous peoples’ customary lands are within and near the country’s forests. They play a huge role in protecting the country’s forest and natural environment.

In her recent study about the Marind-Anim Indigenous Peoples in Merauke Regency, Papua Province, anthropologist Sophie Chao who has been living among them for more than a decade, mentioned how the tribe is “caring for the forest, respectable to plants and animals, and nourishing relationships with the natural world”.

Under the administration of Indonesia’s first president Sukarno, Indigenous peoples got their recognition through the State’ agrarian law in 1960.

The law was the first to mention Indigenous peoples. But it stipulates that customary law applies as long as it aligns with national and State interests.

After Soeharto took power in 1966, there was systematic destruction on customary rights during the New Order, according to Sandra.

She said that the government carried out land-grabbing by issuing forest permits on customary lands for forestry, mining and large scale plantations.

“Most of these customary lands were also claimed by the government to be handed over to migrants and TNI (the army) or the police,” she added.

Towards recognition of Indigenous rights
Things started to change for Indigenous peoples in following the end of Soeharto’s rule in 1998.

The 4th Amendment of the 1945 Constitution enacted in 2000 acknowledged their “traditional existence” and “traditional way of life”.

This became the legal basis for the Constitutional Court to rule out customary lands (Hutan Adat) as State’s forests in 2012, or locally known as MK35.

Another progress, President Joko “Jokowi” Widodo had revived the Indigenous Peoples Bill, which will strengthen Indigenous peoples’ existence in the Republic and to resolve ongoing conflicts related to customary lands.

“Still, it is difficult to realise these regulations. Instead of RUU MHA (Indigenous Peoples Bill), the government and lawmakers are more eager to pass the Omnibus Law on Job Creation,” slammed Rukka Sombolinggi.

She said currently, Indigenous peoples are facing another form of “colonialism”. Since decentralisation in 2001, the regents and governors were the ones issuing permits over Customary Forest without their consent.

“We are no longer fighting foreign companies, but locals, like the bupati (head of regent), the governor. Their own people,” she said citing Sukarno’s famous speech: “My struggle was easier because it was to expel the colonialists, but yours will be more difficult because it is against your own people.”

Moving forward
During the pandemic, Indigenous peoples that are still practising their traditional knowledge are considered to be the most resilient groups because of their closeness to nature.

“Indigenous peoples who are guarding their areas and not massively exploited their resources and have the spirit of sharing, they have strong resilience against this pandemic. They can even provide their own food,” said Rukka Sombolinggi.

Meanwhile, those who are exposed to modernisation or in conflict with the industries suffer from unemployment, food security, and lacking in health, clean water and sanitation access.

“The claim and promises from big corporations to provide food, open access to education, or employment, they are now becoming helpless due to the characteristic of the virus,” Sombolinggi added.

Sophie Chao admired the courage, resilience, endurance, and creativity of Indigenous Peoples, in general, in the face of ongoing threats to their lands and ways of life.

“For me, my hope is that the cultures and values of Indigenous Peoples will be fully recognised, protected, and promoted by the Indonesian state and by the international community,” said Chao.

“This means making sure that their rights to land are guaranteed, that their full consent is sought where development projects are being planned, and their development takes place in a bottom-up way, based on Masyarakat Adat‘s own aspirations, dreams, and hopes.”

Rukka Sombolinggi, secretary-general of the Alliance of Indigenous Peoples of the Archipelago (AMAN), and Sandra Moniaga, a Commissioner for Assesment and Research at the National Commission of Human Rights (Komnas HAM) were interviewed for this article, part of a series to commemorate Indonesian Independence Day on August 17. Fidelis Eka Satriastanti is editor of Lingkungan Hidup, The Conversation. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Indigenous people across the world are disproportionately affected by climate change. They are also leading movements to protect our forests, water and other natural resources.

“Respect and value indigenous peoples – their rights, their knowledge and values, their land and resources that they have kept healthy through generations, their cultures and identities, and their valuable contribution to society as environment defenders,” says Jill Carino, executive director of the Philippine Task Force for Indigenous Peoples Rights, a national network of 11 non-governmental organisations working with indigenous communities in different regions in the Philippines.

“The solution to the climate and biodiversity crises that we face in the world today lies in our collective will and strength to fight against capitalist greed and build just, sustainable, self-determining, and resilient communities,” she says.

READ MORE: Earth Day 2020 could mark the day we stop taking the planet for granted

Carino has been working to defend indigenous peoples’ rights since 1980 when, after graduating from college, she started working with the Cordillera Studies Programme of the Cordillera Schools Group based in Baguio City in the Northern Philippines.

The programme was researching indigenous peoples’ culture and issues and conducted leadership trainings for high school students in mission schools in the Cordillera region. Since then, she has worked with different non-governmental organisations to advance the rights of indigenous peoples to defend their land and resources from destruction.

Carino founded the Cordillera Peoples Alliance in 1984, which leads research, education initiatives and networking for the defense of ancestral land and self-determination of Cordillera indigenous people.

“Indigenous peoples possess traditional knowledge, values and practices that care for the environment and make our communities resilient to climate change,” Carino says.

Indigenous knowledge
Values of inayan (avoiding doing harm to others and the community), ob-obbo (community cooperation), and practices such as lapat and batangan (sustainable forest management) are valuable pieces of indigenous knowledge that help protect the community from threats brought about by climate change and environmental degradation.

However, these values and practices are weakening, are often disregarded or under-valued and lack recognition and support from the authorities, says Carino.

The work indigenous women are doing is particularly notable, she adds. As executive director of the Women Workers Programme from 1990-2000, Carino organised indigenous women in mining communities in the province of Benguet and actively campaigned together with local peoples organisations against the Benguet Corporation’s open-pit mining operations.

The campaign prevented the planned expansion of open-pit mining to other communities in Itogon.

In addition to leading the Philippine Task Force for Indigenous Peoples Rights (TFIP), she also served as executive director of the Cordillera Women’s Education Action Research Centre, which works with regional women’s alliances.

“We have always been advancing indigenous women’s rights and issues to promote the leading and active role of women in the people’s movement for land, food and rights,” she says.

Carino works at a regional level, too, on initiatives that seek to strengthen indigenous peoples’ voices and defend their lands from extractive operations. She worries that development projects also increasingly threaten indigenous communities with displacement for the sake of what the government often defines as the national interest.

Destructive projects
Destructive projects such as the Kaliwa, Kanan and Laiban dams are being forced upon indigenous communities despite their opposition and protests, and despite the adverse social and environmental impacts that contribute to global warming.

“This is all because these projects fall within the misplaced priorities of the national government, are tied to foreign loans or official development assistance, and will bring in profits and other benefits to private investors,” Carino says.

Under the leadership of Philippine President Rodrigo Duterte, indigenous peoples, rights defenders and environmental activists face serious threats to their lives and security, say groups that monitor such risks.

The Philippine Task Force for Indigenous Peoples Rights has documented many cases of extra-judicial killings, trumped-up charges, illegal arrest and detention, vilification, harassment, intimidation, bombings and other rights violations that occur alongside the violation of indigenous peoples collective rights to their land and resources in the course of development aggression.

“All these are issues and challenges that weaken or hinder indigenous peoples’ agency and resilience against climate change and environmental destruction,” Carino explained. “We can try to overcome these challenges by building strong peoples organizations, and building their capacity to fight for their rights, with the broad support of the wider community,”

Indigenous peoples need to be recognised and respected for what they can contribute for our future, she continued.

“My hope is for the global community to realize that we are facing a climate and biodiversity emergency that needs urgent action from all of us if we are to pass on to the future generations a healthy planet and a just society,” Carino says.

Imelda Abaño is content coordinator for the Earth Journalism Network’s (EJN) Asia-Pacific project. She is an award-winning Philippine environmental journalist and media trainer who has been covering climate change, energy, agriculture, biodiversity and other environmental issues for more than 18 years. Abaño is also founding president of the Philippine Network of Environmental Journalists. Republished with permission from EJN.

A University of Waikato researcher says some of the current colonial representations of climate change in the Pacific are obscuring Pacific voices and failing to recognise the importance of Indigenous knowledge in the fight against the changing climate.

Dr Jessica Pasisi’s thesis, Niue Women’s Perspective and Experiences of Climate Change – a Hiapo Approach, brings together experiences and perceptions of climate change from 12 Niuean women, drawing attention to the role Indigenous knowledge, language and cultural practice can have in fighting climate change.

She says while Indigenous communities in the Pacific are on the frontline of some of the most severe impacts of climate change, the very same Pacific communities are also often fighting to be heard on the issue, commonly being presented through a colonial lens.

READ MORE: Niue Women’s Perspective and Experiences of Climate Change – a Hiapo Approach

“While Pacific leaders fight to be heard, our people are also fighting to reclaim and draw attention to Indigenous knowledge, language and cultural practice as key areas for strategies of sustainability and resilience,” said Dr Pasisi.

Dr Pasisi said mainstream media focused on headlines such as, “How to save a sinking island nation.” Or, “Australia to help Pacific neighbours adapt to climate change”, but it eroded Pacific people’s agency and failed to recognise the work already underway in the Pacific by many Pacific organisations, as well as ancestral knowledge that had ensured the survival of Pacific people for generations.

It also failed to reflect the island nations’ solidarity in drawing attention to the issue of climate change and fighting for larger emitting nations and corporations to be held accountable for their inaction and indifference.

“Climate change is a massive risk and something facing the Pacific as a whole and you will find in most islands people are calling to have their own voice on the issue, to control the narrative and speak their own truth, but also to be in positions where they influence and lead decision making,” said Dr Pasisi.

Building a platform
Of Niuean descent, Dr Pasisi hopes her research will build a platform to broaden the conversation among academics, researchers and consultants working on climate change in the Pacific and recognise the agency of Pacific people at a grassroots level.

“Research of climate change in the Pacific is still largely conducted by outsiders. It is really important that our stories are told by our people in our own ways, that’s why I argue these Niue women’s experiences and perspectives are vital for how we understand and respond to climate change,” says Dr Pasisi.

The women traverse topics from the impacts of tourism, to migration within and outside the islands and the loss of language and cultural practice that informs the sustainable management of environmental resources.

“These women’s stories are important and powerful because their insight and culturally specific knowledge has value in grappling with the complex changes caused by climate change,” said Dr Pasisi.

She said it was important to recognise people who held knowledge were not always in positions of power.

She plans to convert her research into a book and continue working with Niue communities in Aotearoa and Niue.

“I want to give encouragement that Pacific people’s voices do matter. It’s through these people we can challenge the dominant Eurocentric coverage of climate change and see the realities, possibilities and broader underlying issues that are being compounded in the Pacific by climate change.”

A University of Waikato media release.

Protesters at Ihumātao remain hopeful a resolution to the lengthy dispute will be announced before Waitangi Day.

Kiingi Tūheitia arrived at Ihumātao yesterday for a ceremony lowering and returning his flag, which was raised last August as a symbol of peace and unity, and which he said at the time would only come down once there was a resolution.

A spokesperson for the King says a deal has not been finalised, but the King is confident it is close.

READ MORE: The Ihumātao story

Construction of 480 homes has been on hold since July after hundreds of protesters occupied the land to stop the development.

Pania Newton is a co-founder of the Save Our Unique Landscape (Soul) group which has been living on the whenua at Ihumātao.

This article is published under the Pacific Media Centre’s content partnership with Radio New Zealand.

• Pania Newton speaks to RNZ’s Philippa Tolley on Morning Report
• Ihumātao in pictures

OBITUARY: By Matthew Theunissen of RNZ News

Acclaimed actor and activist Anzac Wallace is being remembered by people in the film and political worlds for his rare talent and powerful personality.

The actor has died at the age of 76. His tangi will be at Ngā Whare Waatea Marae in Māngere.

Wallace, usually called “Zac”, was best known for his role in the 1983 film Utu (Revenge), which brought him critical acclaim and helped put New Zealand – and Māori – on the map.

READ MORE: Māori Television tribute to Anzac Wallace

The thrilling tale of conflict between Māori and British colonists in 1870s New Zealand is led by Wallace’s character Te Wheke, who sets out to take vengeance on the British forces who have killed his family and destroyed his village.

Wallace had done little acting before taking on the role. He was working as a trade union organiser during the 1978 Māngere Bridge construction project dispute when he met Utu director Geoff Murphy.

That’s when Labour MP Willie Jackson also got to know him.

“Zac Wallace was a leader. There’s no doubt about it,” Jackson said.

‘Huge personality’
“In every area that he moved into, you know, he was born a leader and he just had this big, huge personality and he was a natural orator and he was a fighter for justice.”

Wallace ran into trouble when he was a young man and spent more than a decade in borstal and prison – the most serious a six-year sentence for armed robbery – but turned his life around after his release.

“He went from being in the D in Paremoremo [prison] to become a union leader and a really acclaimed actor and community leader,” Jackson said.

“So it’s such a successful life. He had so many skills and of course he had his flaws, too … but always his leadership stood out and he had a great heart for the people.”

When Utu was released, Jackson said it was an incredible source of pride for Māori, as well as for the rest of the country.

“We had so few Māori who had made it, in terms of international acclaim. You know, the Temuera Morrisons, the Cliff Curtises, the Taika Waititis, Kimberley, they came along quite a bit later. And so Zac was one of the first – if not the first – to really get some international acclaim.”

Actor-turned-lawyer Kelly Johnson, best known for playing car thief Gerry Austin in Goodbye Pork Pye, got to know Wallace on the set of Utu.

“We were in the bush, it was cold and with snow sometimes. So you end up sitting around, trying to keep warm and talking. And that’s how I got to know him.

‘Talk quite openly’
“It was a really fascinating, interesting time because we were discussing things that we don’t normally talk about. And we could confront them and talk about quite openly, about what happened in the past.

“And at the same time, there was all this stuff going on with the Red Squad and you know, the Springbok Tour. There was a sort of a weird parallel going on in real life.”

Anzac Wallace spoke to RNZ after Geoff Murphy’s death in December last year.

“At that time I didn’t trust maybe people and this bearded man rocked up on my doorstep with a cigarette – a durrie – hanging out of his mouth and asking me if I wanted to play in a movie.

“I always took those sorts of invitations like a joke. Who wants to know a thief? Who wants to know a burglar? Who wants to know an ex-prisoner?

“Geoff did. He was genuine.”

This article is republished under the Pacific Media Centre’s content partnership with Radio New Zealand.

I visited the city of Christchurch on May 23, 2018, as part of a larger speaking tour in New Zealand that also took me to Auckland, Wellington, Hamilton and Dunedin.

New Zealand is an exceptional country, different from other countries that are often lumped under the generalised designation of the “Western world”. Almost immediately after my arrival in Auckland, New Zealand’s largest and most populous city, I was struck by the overt friendliness, hospitality and diversity.

This is not to downgrade the ongoing struggles in the country, lead among them being the campaign for land rights as championed by the Māori people, the original inhabitants of New Zealand; but, indeed, there was something refreshingly different about New Zealanders.

READ MORE: Ramzy Baroud’s articles at Counterpunch

Just the fact that the Māori language, “Te Reo”, is one of the three official languages in the country, the others being English and Sign Language, immediately sets New Zealand apart from other colonised spaces, where indigenous peoples, cultures, languages and rights are, to various extents, inconsequential.

It is due to the empowered position of the indigenous Māori culture, that New Zealand is, compared to other countries, more inclusive and more accepting of refugees and immigrants. And that is likely why New Zealand – and Christchurch, in particular – was chosen as a target for the terrorist attacks carried out by an Australian national on March 15.

The Australian terrorist – whose name will not be mentioned here in honour of a call made by New Zealand Prime Minister Jacinda Ardern, as not to celebrate the infamy of the senseless murderer – wanted to send a message that immigrants, particularly Muslims, are not safe, not even in New Zealand.

But his attempt backfired. Not only will he live “the rest of his life in isolation in prison”, as promised by New Zealand’s Foreign Minister, Winston Peters, who was speaking at the Organisation for Islamic Cooperation (OIC) emergency conference in Turkey on March 22, but the horrific crime has brought New Zealanders even closer together.

Sorrowful, yet beautiful
There is something sorrowful, yet beautiful, about Christchurch. This small, welcoming city, located on the east coast of New Zealand’s South Island, was devastated on February 22, 2011, by a massive earthquake that killed 185 people and destroyed much of the town.

Last May, I spoke at Christchurch’s Cardboard Cathedral, an innovative structure that was built as a temporary replacement to the Anglican Cathedral that was destroyed in the earthquake.

In my talk, I commended the people for their beautiful church, and for their own resilience in the face of hardship. The diversity, openness and solidarity of the audience reflected the larger reality throughout the city, in fact, throughout the country.

For me, Christchurch was not a place of tragedy, but a source of hope.

My audience, which also included members of the Muslim community, some coming from Al Noor Mosque – the main target of the recent attack – listened and engaged me as I argued that the genuine authentic voices of ordinary people should be placed at the core of our understanding of the past, and our hope for a better future.

While the focus of my talk was the history of the Palestinian people, the message exceeded the struggle for freedom in Palestine into the struggle and rights of all indigenous groups, guided by such uplifting experiences as that of the Māori people of New Zealand itself.

Unconditional solidarity
I also had the chance to meet with Marama Davidson, co-leader of the Green Party, among other MPs. It was strange to be in a position where solidarity from politicians came across as genuine as that of the unconditional solidarity of ordinary activists – once again, highlighting the uniqueness of New Zealand’s progressive politics and leadership.

Experiencing that myself, it was no surprise to see the outpouring of genuine love and support by Prime Minister Ardern and many members of her cabinet and parliament following the mosque attack. The fact that she, along with numerous women throughout the country, wore symbolic head-scarves in order to send a message to Muslims that they are not alone, while countless thousands of New Zealanders mourned the victims who perished in Al Noor and Linwood mosques, was unprecedented in the recent history of Western-Muslim relationship.

In fact, on Friday, March 22, when all of New Zealand’s TV and radio stations transmitted the call for Muslim prayer, and as Muslims and non-Muslims rallied together in a massive display of human solidarity while mourning their dead, for a moment, all Muslims became New Zealanders and all New Zealanders became Muslims.

At the end of my talk, a group of Muslims from the mosque approached me with a gift, a box of dates to break my fast, as it was the month of Ramadan, the holy month of fasting and repentance for Muslims worldwide. With much gratitude, I took the box of dates and promised to visit Al Noor when I return to the country in the future.

A few months later, as I watched the horrific images on television of the terrorist attack that struck this peaceful city, I immediately thought of the Cardboard Cathedral, of the beautiful solidarity of the Māori, of the numerous embraces of so many New Zealanders, and, of the kindly Muslims and the box of dates.

Peaceful co-existence
I also understood why the undeserving-to-be named terrorist chose to strike Christchurch, and the underlying message he wanted to send to Muslims, immigrants, New Zealanders and all of those who champion peaceful co-existence and tolerance worldwide.

But he failed. In fact, all other foot soldiers of racism and hate will continue to fail because tragedy often unites us. Collective pain helps us see each other as human beings first, where our differences, however great, can never be enough to justify or even explain why 3-year-old Mucad Ibrahim had to die, along with 49 other, beautiful and innocent people.

However, one can be comforted by the Māori saying, “Ka mate te kāinga tahi, ka ora te kāinga rua” – “when one house dies, the second lives”. It means that good things can always emerge from misfortune.

It will take much time for Christchurch, and the whole of New Zealand, to heal from this terrible misfortune. But the strength, will and courage of so many communities should be enough to turn a horrific terrorist act into an opportunity to heal our collective wounds, not just in New Zealand, but the world over.

Ramzy Baroud is a journalist, author and editor of Palestine Chronicle. His latest book is The Last Earth: A Palestinian Story (Pluto Press, London). He has a PhD in Palestine Studies from the University of Exeter (2015) and was a Non-Resident Scholar at Orfalea Center for Global and International Studies, University of California Santa Barbara. This article is republished with the permission of the author.

• More Christchurch mosque terror tragedy reports
• Earlier Ramzy Baroud articles

What is the shape of decolonisation in the present time, now long after the rush to independence that went on in countries around the world from 1960 to 1980?

Who will be there on November 4 and how did they come to the point where they will be voting together on a still uncertain future?

The thoughts of three best-informed persons are consulted here to provide answers – an historian, a lawyer and a leader in the indigenous Kanak community.

History of troubles and reforms
Luc Steinmetz, the historian and jurist has made detailed studies of the territory’s contested, sometimes blood-stained story.

He gave a recent long interview analysing the progression of different laws made in Paris for ruling the territory to the Noumea newspaper Les Nouvelles Caledoniennes.

It traces repeated changes, following the swinging interests of French governments, left-wing or right-wing, with one main event – a new law in 1963 transferring power back from a local elected government to French administration – that set off a period of conflict.

Nuclear testing – political trouble in New Caledonia
That was done after France having “lost” Algeria decided to move its nuclear testing programme to the Pacific, and, says Steinmetz, it “did not want to provide loudspeakers to voices that would be too critical.”

While the nuclear decision generated trouble and harm all over the Asia-Pacific, many historians also saw the taking-back-of-powers as the beginning of campaigns by Kanaks in New Caledonia for “revendication” – give us back our land.

Optimistic beginnings
The story had begun optimistically in 1958 with the conversion of New Caledonia from a colony to a partly-autonomous territory immediately after the Second World War. New Caledonia and its people had supported General Charles de Gaulle and the Allies against the Japanese.

It got an elected governing Council, including local ministers — and for the first time allocation of French citizenship to the Kanak population.

Kanaks were a majority then, and most of their leadership did not show much interest in independence at the time being achieved by former colonies in Africa.

In this analysis the change in 1963, reducing the elected Council to consultative status only, produced bad blood, and despite later changes back towards autonomy, it came to violence during elections held in 1984, after an “active boycott” by the Kanak political alliance, the FLNKS.

Insurrection and reforms
That was the time of an insurrectionist movement; the “outside” population from France had grown and received the vote, beginning to outnumber the local Kanaks, and in 1988 the tragic conflict on Ouvea Island saw the deaths of six police and 19 pro-independence militants.

The following reforms – the Matignon and Noumea agreements –which set up the referendum process, included creation of “custom” territories for Kanak tribal groups and the present elected system of government.

Futures
The historian judges the present system to be the best ever tried. He suggests that if the referendum supports staying with France, it could be improved with more revenue and power shifted from the Noumea government to the three provinces, and a possible new federal constitution.

A move to full independence with changing elected governments would need guarantees of stability and individual rights, against the risk of break-down, such as the military takeovers in Fiji.

Two cultures, two systems and the land
Philippe Bernigaud is a French lawyer from Burgundy, aged 50, who has lived in Noumea for 17 years and represents indigenous Kanak groups negotiating over land.

Like at least three other long-term residents consulted for this inquiry, he cannot vote, under provisions of the Accords restraining the number of French electors not in residence before 1988 – but he avers that the law was made clear at the time he moved there and so cannot complain.

Identity and land rights under the law
He explains a system with two distinct sets of official identity for persons (Kanak and others), and a strategic, strict land rights law for indigenous communities.

Kanak citizens have full rights and obligations under French law but also have an official “Custom” status, and can share in owning land zoned as “Reserve” property.

There are extensive Reserve lands, in the case of Northern province covering probably more than half the territory, which can only be held jointly by a tribe or clan, not individually, and cannot be mortgaged, subdivided or sold.

“When village owners have wanted to develop their land, and bring in outside investors, we have had to be creative”, Bernigaud said this week.

Working on cases
“For example in a district called Bako it was possible to enable investment in buildings for a shopping centre, for a set time, but not to buy or even lease the land underneath.”

A process has also been going on, the “revendication”, where tribal groups can get back land taken up by settlers, to make it a Reserve.

When there is an application to sell Private land, the lawyers are obliged to report it, a state agency called ADRAF may investigate and determine there is a case for returning it to custom ownership, and so it will exercise a priority right to make the purchase, and hand it to a claimant tribe, at no cost to them.

Bernigaud said such acts, now not too frequent, became important during a time of crisis.

“Especially in the East Coast region, around 1988, when New Caledonia was close to civil war, a lot of settlers left their land and it was handed back”, he said.

One ‘big day’
He had worked on a large claim, for half of one valley, three years ago, where under French law he was required to hold a meeting with owners to explain the transaction.

“This became a big day”, he recalled.

“I was in front of hundreds of people, with heads of the provincial government, there was music, dancing and a custom welcome, a big meal, and special symbols were brought out.

“Every participant had to plant a tree on the land and I had my tree.

“The chief explained why I had intervened, and I was given an honorary membership in that Tribu.

“It was a great memory.”

Marriages, births and deaths
He outlines other aspects of enforceable traditional law that applies to Kanaks as persons with Custom status.

Identity is with the tribe or clan, an individual does not exist under this system. In marriage, all property acquired after the wedding must be jointly owned by the couple, nothing separate. In death, the tribal group decides who will benefit from the estate, a provision causing difficulty now in the case of mixed couples with a “non-custom” partner or others wanting to act individually to give something to their own children. A recent law is being tested, which aims to provide some priority rights to spouses and children in such cases.

Future times
Bernigaud believes coexistence is possible under provisions like the 1988 Matignon Accord where the Kanak and settler communities recognised each other’s right to be in New Caledonia and agreed to live together.

If there was full independence, the laws would probably change only slowly, but both communities could endure hardship at the level of day-to-day life, for a long time, as investment and French government funding was withdrawn.

“For example you might pay double for the internet, and in an accident there would be no helicopter to take you to a beautiful hospital,” he says.

“Being prepared might have needed more than the 30 years at first thought, in 1988, but after some hard years people may succeed through working together.”

The experience might be seen differently, he says, in Kanak communities, where younger people – who would “watch Disney channel in the Tribu” and use modern audio-visuals in school – were becoming more “occidental” than their elders, but where a priority in life continued to be belonging to your land and having ownership there.

Sharing as a way of life
Andre Qaeze Ihnim confirms that sharing is key to the Melanesian way of life and is the main argument of the Kanak political organisation, the Kanak and Socialist National Liberation Front – FLNKS.

A leader in the Kanak community and coordinator of the famed indépendentiste media outlet Radio Djiido, he says the community has been maintaining a traditional way of life while also in transition to modern practices.

“We have been following the route laid out when our leaders signed the documents in 1988, as a kind of guideline to go on to sovereignty and independence”, he says.

‘We are ready … we are not against them’
“We recognised the differences between ideology and reality, and have spent 30 years getting experience in managing the country — and showing that now we are ready.

“That is our understanding of what our leaders signed on to.

“You know that French interests want to maintain the status quo; we can understand that, and we want to explain that we are not against them — we just ask that now we can do things together.

“We can share and we can manage it together.”

Qaeze says the idea of sharing is in step with the Melanesian way of life and can include sharing with other French people.

‘Importance of the human being’
In terms of spending and wealth, his movement demanded more priority be given to public welfare – better access to work, health care and education, where there was still “not enough sharing”.

“The most important things is the human being”, he said.

“With not even 300,000 people, we are a small society and cannot do things like a big society; we have provided the country, the land, French people have brought technology and expertise, and we must cooperate. “

A main part of identity for Kanak people also was to be part of the Melanesian society throughout Oceania, to share culture and work on equal terms with neighbours, in Vanuatu, Solomon Islands, Fiji or Papua New Guinea, and Australia and New Zealand.

Dr Lee Duffield is an independent Australian journalist and media academic. He is also a research associate of the Pacific Media Centre and on the Pacific Journalism Review editorial board. This second article in his series was first published by EU Australia, and the final article will be published by Asia Pacific Report tomorrow.

Reference
Philippe Frediere, En Caledonie, les statuts successifs ont fait le yoyo, (In New Caledonia constitutional laws have come up and down like a yoyo). Interview with Luc Steinmetz. Les Nouvelles Caledoniennes, Noumea, 18 July 2018, pp 2-3.

• Lee Duffield’s review of Nic McLellan’s Grappling With The H Bomb in Pacific Journalism Review.

• Part 1 in the New Caledonia series: New Caledonia celebrates Bastille Day and thinks about independence
• Part 2: Decolonisation in New Caledonia – who decides the future?
• Part 3: Reconciling New Caledonia: A vote to clear the air on independence?

As it seeks to diversify its sources of fuel, India is looking to get in on the ground floor of coal mining in previously unexploited deposits in Indonesian-ruled Papua.

In exchange for technical support and financing for geological surveys, officials say India is pushing for special privileges, including no-bid contracts on any resulting concessions  a prospect that could run foul of Indonesia’s anti-corruption laws.

The details of an Indian mining project in Papua are still being negotiated, but Indonesia’s energy ministry welcomes the prospect as part of a greater drive to explore energy resources in the country’s easternmost provinces.

READ MORE: Strategic partnership between India and Indonesia

In future, the ministry hopes mining for coking coal will support the domestic steel industry, while also bringing economic benefits to locals.

Rights activists, however, fear the launch of a new mining industry could deepen tensions in a region where existing extractive projects have damaged the environment and inflamed a long-running armed conflict.

Indonesia’s new coal frontier
When Indian Prime Minister Narendra Modi visited Jakarta last month, joint efforts to extract and process Indonesia’s fossil fuels, including coal, were on the agenda.

India’s interest in investing in a new coking coal mining concession in Papua can be traced to 2017, when officials from the Central Mine Planning and Design Institute (CMPDI) and Central Institute of Mining and Fuel Research (CIMFR), both Indian government institutes, met with Indonesia’s Ministry of Energy and Mineral Resources in Jakarta.

The bilateral plan was announced by then-ministry spokesman Sujatmiko after the first India Indonesia Energy Forum held in Jakarta in April 2017. “The focus is on new territories in Papua,” he said.

To follow up, the Ministry of Energy and Mineral Resources sent a team to India in early May. The current energy ministry spokesman, Agung Pribadi, who was part of the delegation, told Mongabay that officials from state-owned energy giant Pertamina, major coal miner PT Adaro Energy, and state-owned electricity firm PLN also joined the meeting.

The Indonesian team presented research outlining the potential for mining high-caloric content coal in West Papua province, and lower-caloric coal in Papua province.

According to the team’s report, only 9.3 million tons of reserves have so far been identified. By contrast, Indonesia as a whole expects to export 371 million tons of coal this year. However, the true extent of coal deposits could be larger, said Rita Susilawati, who prepared the report presented during the meeting and is head of coal at the ministry’s Mineral, Coal and Geothermal Resources Centre. “Some areas in Papua are hard to reach due to the lack of infrastructure. We were unable to continue the research,” she explained.

During the visit, Indian and Indonesian officials discussed conducting a geological survey in Papua, Agung said. India would finance the survey using its national budget. With Indonesian President Joko Widodo prioritising infrastructure investment, the energy ministry has few resources to conduct such surveys.

Expected privileges
Indonesia also anticipates benefiting and learning from India’s experience in processing coking coal.

In exchange, India expected privileges from the Indonesian government, including the right to secure the project without a bidding process, Agung said.

Indonesia denied the request, and the talks were put on hold. Approving it would have been too risky, Agung said, since the bidding process is regulated in Indonesia. “We recommend they follow the bidding process or cooperate with a state-owned enterprise,” Agung said.

India’s ministry of coal did not respond to an emailed request for comment.

Energy and mining law expert Bisman Bakhtiar said there was still a chance India could get the rights to develop any resulting coal concessions without having to go through an open bidding process. “It can proceed under the G-to-G (government-to-government) scheme by signing a bilateral agreement,” he said.

This form of agreement would supersede the ministerial regulations requiring competitive bidding, Bisman explained, although he said any such agreements should emphasise that any projects must be carried out according to local laws.

There is precedent in Indonesia for G-to-G schemes bypassing the open bidding process, Bisman said. For example, multiple projects have been carried out on the basis of cooperation agreements with the World Bank and Australia. In another instance, Indonesian media mogul Surya Paloh imported crude oil from Angola via a bilateral cooperation agreement with Angola’s state-owned oil company Sonangol.

Draft law
A draft law currently being discussed in the House of Representatives could also smooth the path for India. It says that if there is agreement between Indonesia and a foreign government to conduct geological studies, the country involved will get priority for the contract.

However, this would still require the country to meet market prices. “We called it ‘right to match.’ If there are other parties who offer lower prices, then they should follow that price,” Bisman said.

Another option would be for India to appoint one of its local companies to work with Indonesian private sector giant Adaro or state-owned coal miner PT Bukit Asam. Such a deal could be conducted as a business-to-business (B-to-B) agreement, and would be legal according to Indonesia’s Energy Law.

Or, Indonesia could assign a state-owned firm like Bukit Asam to work with India based on a memorandum of understanding (MOU) signed by both countries.

“But all these options have a potential risk,” Agung said. “They can be categorised as collusion by the Corruption Eradication Commission (KPK).” He said a conventional bidding process should be prioritised.

Bisman said India needed to consider other risks, such as the social and political situation in Papua. The region is home to an armed pro-independence movement and has faced decades of conflict around the world’s largest and most profitable gold and copper mine, Grasberg, owned by US-based Freeport McMoRan.

‘Land grab’
Despite the presence of the mine, Papua remains Indonesia’s poorest province, with some of the worst literacy and infant mortality rates in Asia. Indonesia’s National Commission on Human Rights (Komnas HAM), a state-funded body, has characterised Freeport’s concession as a “land grab,” for which the original stewards of the land, the Amungme and Kamoro indigenous people, were never properly consulted or compensated.

The Indonesian energy ministry’s own research says that any project must take into account the impact on Papua’s indigenous peoples, and must factor in specific local concepts of land ownership, leadership and livelihood.

Franky Samperante, executive director of rights advocacy group Yayasan Pusaka, said he was worried about the plan. “It is way too risky,” he said, pointing to the social and environmental fallout of the Grasberg mine.

“There should be communication between the mining company and indigenous Papuans,” he said, warning Jakarta to carefully calculate the social, environmental and national security impacts.

Local indigenous people need to be meaningfully involved in the decision-making process, he said, especially since the mining would occur in and near forests where indigenous people live and gather and hunt their food.

• More coal mining stories

Philippine state security forces have repeatedly blocked members of a fact-finding mission investigating human rights violations against peasant farmers and indigenous Lumads in Mindanao.

Since their arrival at the airports in Davao City, Lagindinangan and Butuan City yesterday, all the way to highly-militarised peasant and Lumad communities in Southern Mindanao, Northern Mindanao and the Caraga region, members of the three-team mission have been subjected to different forms of harassment and intimidation.

Suspected soldiers took pictures of the Caraga team members and “welcomed” them with a banner that read “Just do it right” upon their arrival at the airport in Butuan City.

The Southern Mindanao team members saw streamers in Tagum City that read, “OUT NOW IFFSM [International fact-finding Mission]; WE WANT PEACE.”

READ MORE: Manila brands volunteer teachers as ‘terrorists’, say Lumad advocates

Anakpawis Representative Ariel Casilao said the military was behind the streamers.

“The AFP [Armed Forces of the Philippines] has no credibility in talking peace. We thus revise the slogan; instead it should read: AFP OUT NOW; WE WANT PEACE,” he said.

The Northern Mindanao mission team was blocked three times by police and military forces from the airport in Lagindingan to Cagayan de Oro.

From the city to the mission site in Patpat village in Malaybalay, the team was blocked eight more times.

‘No wonder military don’t want us’
Rafael Mariano, former Agrarian Reform Secretary and head of the Northern Mindanao team, said, “We came here for a very urgent reason, we came here to verify mounting reports of rights abuses against peasant and Lumad communities perpetrated allegedly by military elements.

“No wonder the military people don’t want us here.”

President Rodrigo Duterte placed the whole island under martial law on May 24, 2017, after an attack in Marawi City.

Citing “continued threat of terrorism and rebellion,” Duterte asked Congress to extend martial law until December this year. Duterte’s supporters in Congress railroaded the extension.

Seventy-one full battalions of the Armed Forces of the Philippines (AFP) are operating in Mindanao, of which 41 are focused on counterinsurgency operations.

The Kilusang Magbubukid ng Pilipinas (KMP) said at least 65 percent of the AFP’s combat troops are concentrated in Mindanao, where large-scale foreign plantations and mining concessions are to be found.

Human rights alliance Karapatan documented 126 victims of political killings as of December 2017, of whom 110 were farmers mostly coming from Mindanao.

In Southern Mindanao alone, 63 cases of extrajudicial killings have been recorded,

‘Bulldozing their way into vast lands’
“The unabated militarisation and Martial Law itself in Mindanao must be understood as a means for government, big landlords, oligarchs and multinational corporations to further bulldoze their way into the vast lands and resources of the island,” Mariano said.

“This is not the way to address the roots of the armed conflict. This is not the way to a just and lasting peace.”

The teams also reported to have been closely tailed by several vehicles from the airport to the orientation sites and to the villages where interviews with victims victims were to be held.

Undeterred, the teams were able to finally proceed to their respective mission areas.

“We managed to get past all the checkpoints so far after seemingly endless negotiations with the state forces but this is only the first day and the day is still long and so we must remain vigilant throughout the rest of the day and the entire duration of the three-day mission,” Mariano said.

Former congressmen Satur Ocampo and Fernando Hicap, and incumbent representatives of the Makabayan bloc, are among the delegates of the International Fact-Finding Mission to Defend Filipino Peasants’ Land and Human Rights Against Militarism and Plunder in Mindanao organised by KMP and the Mindanao for Civil Liberties.

Also joining the mission are the Asian Peasant Coalition, Pesticide Action Network – Asia Pacific, People’s Coalition for Food Sovereignty, Rural Missionaries of the Philippines, International League of Peoples Struggles (ILPS) Commission 6, Youth for Food Sovereignty (YFS), Karapatan, and Tanggol Magsasaka.

In the past two weeks, a group of Lumad educators have visited New Zealand to talk about the human rights violations in education as part of the Save Our Schools programme.

Ronalyn V. Olea is a reporter for Butlalat.

• Gallery: Lumad campaigners appeal for NZ support to defend schools
• ‘There is no legal basis to extend martial law in Mindanao’ – petitioners
• Flashback: A cloud over Bukidnon forestry aid project

New Zealand and Filipino teachers, community advocates and students this week launched an open letter appealing to Philippine President Rodrigo Duterte to end military abuses against indigenous Lumad people in the southern island of Mindanao.

They also called on the Manila government to scrap a terrorist listing of Lumad leaders and community activists.

The appeal was made in response to a group of Lumad advocates and teachers from the Save Our Schools (SOS) network who have been visiting New Zealand for a speaking tour.

The activists spoke at Auckland’s Peace Place in their last meeting before returning to the Philippines.

Pacific Media Centre’s Del Abcede was there to capture the event in images.

• Manila brands volunteer teachers as ‘terrorists’, say Lumad advocates

Save Our Schools

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Volunteer teachers are being maliciously labelled as “terrorists” by the Philippine government while paramilitary and mining activity increases in the country, say visiting indigenous Lumad education advocates.

Fritizi Junance Magbanua, a volunteer teacher and administrator with the Save Our Schools network, says teachers, schools and communities of indigenous peoples are being targeted and labelled as terrorists by the government.

The Save Our Schools network is a collection of 215 community based schools that operate throughout the southern Mindanao island region in the Philippines.

VIEW MORE IMAGES: Lumad campaigners appeal for NZ support to defend schools

The network is part of community groups and advocates that fight for indigenous peoples rights to “defend their land, right to education, right to self-determination,” said Lorena Sigua at a public meeting in Auckland’s Peace Place last night.

She is a volunteer at Education Development Institute (EDI) curriculum development based in Mindanao.

Auckland Philippines Solidarity, a group sponsoring the visit of the Lumads to New Zealand,  also launched an “open letter” to the Philippine government at the meeting, supporting a campaign by human rights defenders for the indigenous schools.

The letter called on the Philippine government to immediately scrap the “baseless, malicious and arbitrary terrorist listing of community activists”.

Magbanua said: “Save Our Schools has documented 89 harassments of our schools, 18 military activities inside our school vicinity, 27 schools forcibly shut down because of the intensifying military presence in our area.”

This does not just apply to school teachers. “The environmental activists, human rights activists are also being targeted and tagged as terrorists,” said Sigua.

The indigenous people, known collectively as Lumads, are the main people suffering. “Our indigenous peoples in the Philippines are now being attacked by our government,” said Magbanua.

“Mostly those who are killed are our parents and our tribal leaders who constructed the schools.”

Mining behind military threat
The threat of paramilitary and government military activity is part of the government’s move to allow mining by multinational corporations in the area.

“The southern Mindanao is blessed with a lot of resources. It is the mining capital of Philippines. As you know, big businesses are coming over to take advantage of that,” Sigua said.

“Ironically, we are the poorest region but it is the mining capital,” said Magbanua.

“When mining is in our area, the first step our government will do is deploy their troops to give way to the mining equipment. They harass people to vacate their land.”

It can also turn violent. “One of our supporters was killed a couple of weeks ago by a paramilitary group.”

Magbanua pointed to the actions of President Rodrigo Durterte which she said were encouraging the violence.

“In the first six months that President Durterte was elected, we were hopeful for a change… he says he was a socialist, and a leftist, a pro-Lumad, and anti-mining.”

‘Changed his tune’
But in November 2017 when the APEC summit took place in Manila and President Trump visited the Philippines, Duterte seemed to change his mind.

“After the visit of Trump, he changed his tune. He welcomed all the investors to extract our natural resources. So he’s a puppet,” said Magbanua.

Sigua said: “The educators in Mindanao are being targeted as terrorists.

“The indigenous peoples are now being empowered and educated because of the schools. If they are empowered, they know their rights.”

Magbanua said: “Duterte was the one who says he would bomb our schools… Under his regime, 37 Lumads have been extra-judicially killed under martial law.”

Sigua said: “There is massive militarisation in the in area. Students are evacuating, the community is evacuating.”

“There is now militarisation in the indigenous communities,” she said. This was a reaction against the fear and tension caused by other military forces in the area.

‘Land is life’
Land is often at the center of the conflicts. “We believe that land is life,” says Magbanua.

“We, the indigenous people, need to protect it from mining and multinational corporations. We have to defend this for the next generation.

“We get all our needs from the mountains. From our medicines, our foods it is our supermarket and hospital.

“We call our land the land of promise. The greedy people want to take it away from us and convert it into banana plantations and mining areas.”

After getting her university degree, Fritzi Junance Magbanua committed herself to serving indigenous people.

“For six years now I’ve been teaching and monitoring my co-teachers, facilitating the training, and doing some psychosocial therapy with my students.”

Magbanua has never thought about doing anything different than being a volunteer teacher.

‘Indigenous need me’
“After I graduated, a lot of opportunities came my way but I turned them down. Somebody needs me and it is the indigenous people.”

“It is my commitment and responsibility to be with them and serve them without anything in return.”

A turning point for her was her personal connection to the Lumad’s struggle. “By blood I am also a Lumad. I see their plight, their hunger for education. When I have this knowledge, I just want to help and educate them also.”

I am a part of their struggle to defend their land. Their plight at Mindanao is to uphold their right to self-determination.”

Lorena Sigua is from Manila. She is a graduate of the the University of the Philippines and currently is a volunteer at the Education Development Institute (EDI) curriculum development based in Mindanao.

Sigua was inspired to get involved with Save Our Schools after witnessing the Lakbayan march, where indigenous peoples were protesting about their concerns.

Challenging life
Life as a volunteer teacher in Mindanao is challenging, said Magbanua.

“Once you are a volunteer, you are not just a teacher. You are a counsellor too. The community respects us and sees us as their hero because no body cares. Especially the government in our communities, but only us teachers and the institutions we came from.

Being a teacher for the indigenous peoples has a lot of sacrifices. We are not salary based. We receive NZ$100 a month.

The teachers often must travel to remote locations to reach local communities. “We are deployed in far flung areas.”

The furtherest place the network serves requires a two-day walk through a snaking path to travel to. “We cross one river 52 times. But it’s just a little sacrifice. For us we are ready to commit ourselves to the less fortunate who are hungry for education.”

The organisation demands no payment for their work. “Our education is free for all. We don’t ask for anything in return. In fact, we provide school supplies, toiletries to continue and sustain their education.

“On our island in Mindanao, there is no electricity, no signal. You have to walk an hour to search for a signal. You literally have to climb up a tree just to search for the signal.”

Asia-Pacific consultation
Kevin McBride, national co-ordinator of Pax Christi Aotearoa, hosted the talk.

“I had expectations it would be a good revelation of the situation in Mindanao of the Lumad people,” said McBride.

In December 2017, McBride represented Pax Christi in attending an Asia-Pacific Consultation in the Philippines.

With the New Zealand government being in touch with President Duterte, McBride believes New Zealand should try to do more to help.

“We do have opportunities to raise these issues and hold them to account for their activities. Shamefully, too often we don’t as it would affect our trade.”

Appeal for help
Every year the indigenous peoples go to the capital region in the Philippines to rally and send a message to the government about their concerns.

It is called a Lakbayan, said Sigua, and it was similar to the Hikoi taken by indigenous Māori in New Zealand.

“We are sharing a struggle with Māori,” said Magbanau.

“We are appealing to your government to support our calls to stop the attacks on the activists. The activists in the Philippines are being tagged as terrorists.”

Jean Bell is contributing editor of the Pacific Media Centre’s Pacific Media Watch freedom project. Additional reporting by Rahul Bhattarai who is an Auckland University of Technology student working towards a postgraduate diploma in Journalism.

• More Philippine stories

The Indonesian government has relinquished control over nine tracts of forest to the indigenous communities that have lived there for generations, President Joko “Jokowi” Widodo announced at a recent conference on land tenure in Jakarta.

The move follows the government’s recognition last December of nine other communities’ rights to their ancestral forests, in line with a 2013 decision by Indonesia’s highest court that removed indigenous peoples’ customary forests from under state control.

“The spirit of agrarian reform and community forestry program is how lands and forests, as part of natural resources in Indonesia, can be accessed by the people, and provide economic justice and welfare for the people,” the president said in a speech to open the conference on October 25.

The nine newly designated “customary forests,” or hutan adat in Indonesian, cover a combined 33.4 sq km, on the islands of Sumatra, Borneo and Sulawesi.

The move is consistent with Jokowi’s campaign pledge to give indigenous and other rural communities greater control over 127,000 square kilometers of land, which helped him earn the first-ever presidential endorsement of the Indigenous Peoples Alliance of the Archipelago (AMAN) ahead of the 2014 election.

Three years into his presidency, however, the programme is running behind schedule. The administration has rezoned just 10,800 sq km of community forests, of which 164 sq km are customary forests, according to data from the Presidential Staff Office. The latter figure includes the nine customary forests the administration recognized at the beginning of the year and the nine last month.

Dozens of other indigenous communities are hoping to secure rights to their ancestral lands, too. The day after Jokowi’s speech, three groups from Enrekang district in South Sulawesi province submitted their own proposals to the Ministry of Environment and Forestry. The proposed customary forests there would cover 4.04 square kilometers.

“The government hasn’t really been performing in making this promise happen,” AMAN researcher Arman Mohammad said.

Land mapped out
AMAN has mapped out 19,000 sq km of land, home to 607 indigenous communities, which it says must be rezoned as customary forests. These groups have already obtained the required documents from district and provincial governments for state recognition of their rights, Arman said.

The official recognition last month represented just a fraction of what AMAN had proposed, he said.

As the agrarian reform conference wrapped up, a senior official said the president would issue a decree by year’s end to help indigenous groups like that in Enrekang obtain control of their forests. Yanuar Nugroho, a deputy at the Presidential Staff Office, told reporters that the decree would lay out the framework for regulation, bureaucracy and accountability.

Details of the decree were not immediately available. However, Yanuar said at the time that one of the key points was to iron out overlapping authorities between related ministries.

For instance, he said, the environment ministry would concentrate on recognizing land rights inside forests, while the Ministry of Agrarian Affairs and Spatial Planning would oversee those outside forests. Currently, the matter is handled by those two ministries as well as the Ministry of Home Affairs and the Ministry of Villages, Underdeveloped Regions and Transmigration.

“The country is returning sovereignty to the people, and I believe this program for community forestry and agrarian reform is the spearhead,” Yanuar said.

Some observers welcomed the promise of a decree, saying it would help streamline the process for indigenous communities in obtaining state approval of their land rights.

Single agency
“There should be a single agency focusing on the land reform program so that the people don’t get confused,” said Dewi Kartika, general secretary of the Agrarian Reform Consortium, an NGO.

Arman called on the government to involve NGOs in drawing up the decree in order for it to be effective once implemented on the ground.

But even with a decree in place, the government may miss its target.

Environment and Forestry Minister Siti Nurbaya Bakar noted at the conference that the government would only realistically be able to approve a total 43,800 sq km, just over a third of the promised total, for community forestry schemes by 2019, when President Jokowi will stand for re-election.

To achieve even that pared-down goal, the minister called on local governments to accommodate indigenous groups, who depend on district chiefs and local legislatures to issue decrees that recognise them as indigenous.

“We must now push for getting more areas that will potentially be appointed as customary lands in order to reduce conflicts,” Siti said on the sidelines of the conference.

Observers say the Jokowi administration’s actions and policies in general have failed to resolve land conflicts, which have led to the wrongful eviction of indigenous communities from their homes over the years.

Agrarian conflicts
“The locations that the government has been targeting so far are not the ones with agrarian conflicts or where there are overlapping claims between local communities,” Dewi said.

She added that policies issued by the federal government often failed to be implemented at the local level.

“A clean and just bureaucracy is our top concern,” said Rukka Sombolinggi, AMAN’s general secretary. “We have trust in the president and the ministries, but not quite in [officials at] the regional levels.”

Others also highlighted land conflicts resulting from other government programs, including its flagship infrastructure development projects and issuance of plantation permits. Efforts at land reform have also been criticized for overlooking communities in coastal areas.

“The president must take groundbreaking actions so that land reform will truly happen, otherwise it’s just a fake agrarian reform,” Rukka said.

A list of the new customary forests (from the Presidential Staff Office):

Hutan Adat Tawang Panyai (Sekadau district, West Kalimantan province, 0.4 sq km)

Hutan Adat Marena (Sigi district, Central Sulawesi province, 7.6 sq km)

Hutan Adat Batu Kerbau (Bungo district, Jambi province, 3.2 sq km)

Hutan Adat Belukar Panjang (Bungo district, Jambi province, 3.3 sq km)

Hutan Adat Bukit Bujang (Bungo district, Jambi province, 2.2 sq km)

Hutan Adat Hemaq Beniung (West Kutai district, East Kalimantan province, 0.5 sq km)

Hutan Adat Baru Pelepat (Bungo district, Jambi province, 8.2 sq km)

Hutan Adat Bukit Pintu Koto (Merangin district, Jambi province, 2.8 sq km)

Hutan Adat Rimbo Penghulu Depati Gento Rajo (Merangin district, Jambi province, 5.3 sq km)

• Other Indonesian stories

A civil society group has urged the Indonesian government to revoke a presidential decree on the indigenous resettlement schemes in forest areas, which was issued about a month ago.

The forest areas in the decree signed by President Joko “Jokowi” Widodo on September 6 are classified as conservation forests, protected forests and production forests.

Muhammad Arman, head of legal and advocacy division of the Indigenous Peoples Alliance of the Archipelago (AMAN), said the resettlement programme under the decree could threaten and potentially criminalise indigenous communities that for years have been living in the areas.

“[Indigenous communities that live on] 1.6 million hectares of conservation forests are in threat of resettlement,” Arman told reporters.

The lands constitute 20 percent of 8.2 million hectares registered by the Ministry of Environment and Forestry and the Ministry of Spatial Planning as indigenous.

Association for Community and Ecology-Based Law Reform (Perkumpulan HuMa) researcher Erwin Dwi Kristianto said in a statement that the decree “creates uncertainty” and damages social forestry and communal rights.

While the decree, of which implementation started on September 11, obliges local governments to provide legal protection for the communities living in the forest areas, it also permits their resettlement.

Dames Alexander Sinaga is a Jakarta Globe journalist.

West Papua has experienced a “significant aggravation” of the human rights situation in the past two years compared to previous years, says a new report from more than 40 faith-based and civil rights organisations.

“Reports by local human rights defenders describe an alarming shrinking of democratic space,” says the report.

“Although Indonesian President Joko Widodo pushed economic development and granted clemency to five long-term political prisoners, the police strictly limited even the most peaceful dissident political activities.”

READ MORE: Pacific Media Watch on Indonesia’s hit back at Oceania nations

The report says that Indigenous Papuans – particularly women – “continued to have a high risk of becoming victims of human rights violations.”

It adds that “racist attitudes toward West Papuans among the police and military, insufficient legal protection, the lack of proper law enforcement, inconsistent policy implementation and corruptive practices among government officials contributed to the impunity of security forces.”

Local journalists in West Papua also continued to face “intimidation and obstruction” from the security forces.

This is the fifth report of the International Coalition for Papua (ICP) covering events from January 2015 until December 2016.

Human rights analysis
More than 40 organisations in West Papua, Jakarta, and worldwide have brought their analysis on the human rights and conflict situation in West Papua together.

The executive summary of the 218-pages report explains how several human rights standards have deteriorated over the last two years.

The report is compiled by the International Coalition for Papua (ICP) and the German Westpapua-Netzwerk (WPN). The executive summary says:

“The years 2015 and 2016 were characterised by a significant aggravation of the human rights situation in West Papua compared to previous years. The term West Papua refers to the Indonesian easternmost provinces of ‘Papua’ and ‘Papua Barat’. Reports by local human rights defenders describe an alarming shrinking of democratic space.

“Although Indonesian President Joko Widodo pushed economic development and granted clemency to five long-term political prisoners, the police strictly limited even the most peaceful dissident political activities.

“Indigenous Papuans, particularly women, continued to have a high risk of becoming victims of human rights violations. Racist attitudes toward West Papuans among the police and military, insufficient legal protection, the lack of proper law enforcement, inconsistent policy implementation and corruptive practices amongst government officials contributed to the impunity of security forces.

“Government critics and activists faced legal prosecution with varying charges. Using a charge of treason (‘makar’) remained common against non-violent offenders.

Increasing ‘incitement’ charges
“West Papuan political activists also faced an increasing number of charges incitement or violence despite the non-violence of protest and almost all activism.

“The deterioration of the political and civil rights situation in West Papua during the past two years was most obvious in the sheer number of political arrests.

“Those arrests drastically increased to 1083 in 2015, and then quadrupled in 2016 to 5361 arrests, in tandem with growing political protest for self-determination.

“Almost all of the arrests came during peaceful protest in support of the United Liberation Movement for West Papua (ULMWP). In addition, the Indonesian government and the regional police in West Papua increasingly restricted the right to freedom of opinion and expression using official statements (Makhlumat) issued by the Papuan Regional Police in 2016.

“Local journalists in West Papua faced continued intimidation and obstruction from the security forces. In comparison to previous years, the number of reported cases against local journalists has slightly decreased throughout the reporting period 2015 and 2016.

“President Joko Widodo’s promise in May 2015, to make West Papua freely accessible to foreign journalists and international observers was not implemented. Foreign journalists were in an increasing number of cases prevented from entering West Papua or when permitted to enter, they faced obstruction, surveillance, intimidation and physical violence.

“International human rights organisations and humanitarian organisations such as the Inter­national Committee of the Red Cross (ICRC) remained banned from freely accessing West Papua.

Threatened, obstructed
“Human rights defenders in West Papua had to work under fear of being monitored, threatened and obstructed by the security forces. The killing of well-known human rights defender Joberth Jitmau, marked the sad highlight of attacks against human rights defenders during these two years.

“The police termed Jitmau’s killing a traffic accident and did not conduct a criminal investigation. Jitmau’s case was a representative example of the widespread impunity in West Papua.

“Only in rare instances were security forces prosecuted in public or military trials. Two of the three cases of prosecution resulted in considerably low sentences for the perpetrators in view of the severity of the criminal offences.

“Security force members also continued to use torture and ill-treatment as a common response to political protest or incidents of alleged disturbance of public order. Extra-judicial killings occurred particularly often as an act of revenge or retaliation for violent acts or other non-violent interactions with members of the security forces.

“The situation with regard to economic, social and cultural rights in West Papua was stagnant. The quality of education in West Papua remained considerably low, due to poor management of the education system, inadequate competencies, high absence rates amongst teachers, and inadequate funding. (Less than 1 percent of Papua Province’s annual budget goes to education.)

“There is still no culturally appropriate curriculum in place, which is capable of improving the educational situation of indigenous Papuan children and of preserving local cultures.

“Health care and education remained in a devas­tating condition, far below the national average, despite the large amount of special autonomy funds that flow to the two administrative provinces Papua and Papua Barat.

Strong imbalance
“There is a strong imbalance in the fulfillment of minimum standards in terms of health, education, food and labor rights between the urban areas and the remote inland areas of West Papua.

“Indigenous Papuans, who mostly reside outside the urban centres, suffer the most of this imbalance. Both Papuan provinces are amongst the regions with the highest prevalence rate for HIV/AIDS infections and child mortality of any ‘Indonesian province’, while the quality of health services is alarmingly low.

“Insufficient equipment in rural health care institutions and a lack of adequate health monitoring and response mechanisms remained strikingly evident. These shortcomings were highlighted when a pertussis epidemic broke out in the remote highland regency of Nduga, killing least 51 children and three adults within a span of three months in late 2015. Malnutrition enabled the rapid spread of the epidemic.

“The case also mirrors the government’s growing challenge to guarantee indigenous Papuans right to food. Palm oil plantations and other agri­cultural mega-projects have led to the destruction of local food sources, livestock and access to clean drinking water.

“Cases of domestic violence are often settled in non-legal ways, which fail to bring justice for the victims and lack a deterrent effect for perpetrators. Women living with HIV/AIDS are particularly often facing discrimination and stigmatization.

“The very existence of West Papuans is threatened by the uncontrolled migration from other parts of Indonesia. This particularly applies to the urban centers where they have largely become a marginalised minority facing strong economic competition.

“In most rural areas, where indigenous Papuans are still the majority, government-promoted large-scale natural resource exploitation projects attract migrants and continue to cause severe environmental degra­dation as well as the destruction of live­ stock of indigenous communities.

“Govern­ment institutions continued to facilitate the interests of private Indonesian and foreign companies. This practice negatively impacts indigenous people’s right to their ancestral lands and resources as well as their right to determine their development.

“Resource extraction often means clearing large forest areas and polluting of water resources, thereby forcing indigenous communities to change their very way of life. Destruction of forests and hunting grounds as a life source puts an additional burden on women, in particular.”

• Read the full report here
• Banned West Papua independence petition handed to UN

An Indonesian tribal rights activist, a Sri Lankan woman who has helped civil war victims, and a Japanese man working for the preservation of Cambodia’s Angkor Wat are among this year’s winners of the Ramon Magsaysay Award, considered Asia’s equivalent to the Nobel Prize.

The formal presentations will be made next month.

Indonesian Abdon Nababan has been recognised for “his brave, self-sacrificing advocacy to give voice and face to his country’s indigenous people communities, his principled, relentless, yet pragmatic leadership of the world’s largest tribal rights movement, and the far-reaching impact of his work on the lives of millions of Indonesians.”

Gethsie Shanmugam of Sri Lanka has been recognised for her “compassion and courage in working under extreme conditions to rebuild war-scarred lives” and for her “tireless efforts” in building Sri Lanka’s capacity for “psychosocial support, and her deep, inspiring humanity” in caring for women and child victims of war.

Yoshiaki Ishizawa from Japan will receive the award for “his selfless, steadfast service to the Cambodian people, his inspiring leadership in empowering Cambodians to be proud stewards of their heritage, and his wisdom in reminding us all that cultural monuments like the Angkor Wat are shared treasures whose preservation is thus, also our shared global responsibility”.

From the Philippines, former PEZA director-general Lilia de Lima was recognised for “her unstinting, sustained leadership in building a credible and efficient [economic zone], proving that the honest, competent and dedicated work of public servants can, indeed, redound to real economic benefits to millions of Filipinos.”

Also given recognition was Tony Tay of Singapore for his “quiet, abiding dedication to a simple act of kindness – sharing food with others – and his inspiring influence in enlarging this simple kindness into a collective, inclusive, vibrant volunteer movement that is nurturing the lives of many in Singapore”.

Shaping theatre arts
Also a recipient of this year’s award is the Philippine Educational Theatre Association of the Philippines for its “bold, collective contributions in shaping the theatre arts as a force for social change, its impassioned, unwavering work in empowering communities … and the shining example it has set as one of the leading organizations of its kind in Asia”.

Established in 1957, the Ramon Magsaysay Award is Asia’s highest honour aimed at celebrating the memory and leadership example of the third Philippine president after whom the award is named.

It is given every year to individuals or organisations in Asia who manifest “selfless service and transformative influence”.

Carmencita Abella, president of the Ramon Magsaysay Award Foundation, said this year’s awardees “are all transforming their societies through their manifest commitment to the larger good. Each one has addressed real and complex issues, taking bold and innovative action that has engaged others to do likewise”.

“The results of their leadership are palpable, generating both individual efficacy and collective hope,” Abella said in a statement.

“All are unafraid to take on large causes. All have refused to give up, despite meager resources, daunting adversity and strong opposition,” she added.

The six awardees will join a community of 318 other laureates who have received Asia’s highest honour to date.

This year’s winners will each receive a certificate, a medallion bearing the likeness of the late president Magsaysay, and a cash prize.

They will be formally conferred the award during formal presentation ceremonies in Manila on August 31.

• The Ramon Magsaysay awards

This has emerged in the launch of research results and discussion “From Decolonialisation to Marginalisation: Portrait of Government Policy in Tanah Papua for the Last 46 Years” held by ELSAM in Jakarta yesterday.

Research coordinator on Papuan issues Budi Hernawan said that the research focused on three issues — demographic changes in Papua and the impact of development policy, environmental degradation, and militarisation.

ELSAM provided several recommendations related to the three issues.

According to the coordinator of information and documentation of ELSAM, Ari Yurino, the transmigration programme in Papua has evidently brought negative impact to the social life of Papuan natives.

Due to the uneven transmigration and development programme, it has caused the increase of the number of migrants in Papua and the rise of conflict between the newcomers and the indigenous Papuans.

The transmigration programme must be terminated and its policy must be evaluated, Yurino said.

‘Alternative solution’
“As an alternative solution of regional development, the national government should facilitate the cooperation among regions to strengthen the local government in order to be able to seek for autonomous development,” he said.

One of the recommendations to the local government, he added, was to also formulate Perdasi (Provincial Regional Regulations) and Perdasus (Special Regional Regulations) which would encourage the assimilation of the migrants into Papuan culture through formal and informal education.

Meanwhile, in the context of environmental degradation, ELSAM’s programme staff, Kania Mezariani, said the national government needed to urgently conduct environmental auditing on all national scale projects in Papua, especially in the plantation and mining sectors.

According to her, those two sectors often became the triggers of conflicts, both locally and nationally

“The national government should focus on economic development which directly connects to the peoples’ needs,” she said.

Mezariani added that the local government should establish spatial planning in Papua and West Papua provinces in order to guarantee the life space of the indigenous Papuan people, especially related to the domination of the rainforests and lands of Papua.

Also the coordinator of human rights defenders capacity building of ELSAM, Mike Verawati, spoke about the importance of reviving community police in Papua.

‘NZ-aided community police’
“In Java, such a pattern is applied. Previously, the community police was run — through assistance from the Netherlands and New Zealand police institutions — quite successfully.

“That project should be run again. The government officers assigned in Papua should also receive the briefing about anthropology in order to understand and use the approach in accordance with Papuan characteristics,” she said.

Other than that, she also called on the national government to terminate the extension of authority to the Indonesian National Army over the defence role as specified in Law No 34/2002 on Indonesian National Army.

Budi Hernawan saisd ELSAM also urged Komnas HAM and the Attorney-General to immediately complete the documentation of human rights violations cases in Papua.

Hernawan added that local government must immediately establish a human rights protection instrument, especially like the Regional Commission on Human Rights, Human Rights Court, and Truth and Reconciliation Commission in Papua and West Papua, as mandated by Law No 21/2001 on Special Autonomy.

ELSAM’s website

Rukka Sombolinggi has been selected as secretary-general of the Indigenous Peoples Alliance of the Archipelago (AMAN), becoming the organisation’s first female leader since its founding in 1999 — the year after Indonesia became a democracy.

The closing day of AMAN’s fifth congress began with some uncertainty over who would be chosen. But by the time Sombolinggi was announced, it appeared to be preordained.

Her selection by consensus was reportedly cemented in the late afternoon last Sunday when a picture of AMAN leaders said to be congratulating her circulated among congress participants.

When the five candidates were trotted out on stage to say a few words, Sombolinggi stood in the center, and she spoke last.

Sombolinggi is a Torajan from the highlands of Sulawesi, a starfish-shaped island the size of Florida.

Her people have gained fame for their elaborate funeral rituals and the way they have built a local tourism industry while preserving their culture.

She is known for her fiery oratory and her longtime dedication to the indigenous rights movement. Her parents hosted a meeting in 1993 that is often cited as its genesis in Indonesia.

“I will fight for this cause with all of my heart, mind and soul,” she said in her acceptance speech.

Abdon Nababan, the current secretary-general, will stay on as a member of AMAN’s national council after Sombolinggi takes the reins in June.

It was also decided that AMAN’s next congress, in 2022, will be held somewhere in the West Papua region.

Indigenous people on a small Christian majority island in Indonesia’s North Sulawesi province are claiming victory after the government revoked a Chinese company’s mining licence.

Ignasius Jonan, Minister of Energy and Mineral Resources, the only Catholic minister in President Joko Widodo’s cabinet, recently revoked the licence of Mikgro Metal Premium (MMP), which wanted to mine for iron ore on Bangka Island.

The revocation followed the end of a legal battle begun by the Kauku, the island’s indigenous population, who claimed the mining operation was illegal.

Opposition to the mine, which covered almost half the total area of the island, began as soon as the firm obtained a licence in 2014.

The islanders filed a lawsuit in which they claimed the mine violated Indonesia’s 2007 Law on Management of Coastal Areas and Small Islands, which forbids mining on islands under 200,000 hectares.

Bangka Island is less than 5000 hectares.

The lower courts and the Supreme Court all ruled in favor of the islanders.

Fruit of hard struggle
Merah Johansyah, coordinator of Mining Advocacy Network (JATAM) who assisted the Bangka people, said the licence revocation was the fruit of the community’s hard struggle.

“Although the company has not yet started mining the ore, building facilities to prepare for the production process had caused environmental damage,” he said.

Forest areas have been damaged, while “land has been cleared, mangroves have been buried and coral reefs destroyed to build roads, a port and warehouses,” Johansyah said.

Maria Taramen, from Nature Lovers Group, a local NGO on Bangka, said the company’s presence severely disrupted people’s lives.

“Many families were fighting with each other because of differing opinions about the mine,” she said.

Ulva Novita Take, a resident of Lihunu, a village on the island, said the whole operation was threatening the livelihood of fishing communities.

“It was a threat to coral reefs and marine life, and we depend on that,” he said

The island has a population of about 2400 people with 70 percent being Protestant.

According to the Ministry of Energy and Mineral Resources, Indonesia has issued 9721 mining licences.

However, JATAM says about 1890 of them are in violation of the law because they are on small islands under 200,000 hectares.

Ryan Dagur writes for UCANews.

Indonesia’s Statistics Office has produced an ethnic breakdown of the Papua region, based on the last census in 2010 which established an overall population of 3.6 million.

While the proportion of Papuan people as a percentage of the population continues to decline, this process varies widey between different regencies, reports Dateline Pacific.

The percentage of Papuans has fallen catastrophically in some regions, particularly in urban centres, but Papuans still make up the vast majority in the Highlands.

Using the new data, Dr Jim Elmslie of Sydney University’s West Papua Project has produced a new paper at Global Research updating his previous work on Papua’s demographic transition.

He talks to Johnny Blades of Dateline Pacific:

Transcript:
JIM ELMSLIE: You’ve got to handle the figures with some degree of care and you’ve got to sort of doubt the accuracy to some extent because the large area that’s there, the terrain, the fact that large areas of the Highlands, I don’t know if you’d call it a revolt, but there are certain areas that are conflicts between certain areas of the island and the state are fairly entrenched. So the figures – what you can get clearly from them is the trend and the change over time and that’s clearly continuing because of the large-scale inward migration of non-Papuan settlers drawn into the region mostly for economic opportunity, and most of that economic opportunities are on the plains.

JOHNNY BLADES: You’ve established that the Melanesians – the Papuans – their growth rate is quite a bit less than the non-Papuans.

JE: That’s what the research shows and that’s even given that the numbers are a bit rubbery. Because for [Indonesia] to conduct an accurate census would be damn-near impossible and the figures that we have to use, so we use them. But anecdotally as well – from talking to health experts and looking at what’s going on on the ground compared to say PNG – then yeah the birth rate clearly is lower. There’s a whole range of reasons for that. One is the infant mortality and the maternal mortality rate is very high, there are untreated diseases that cause infertility. But that’s fairly clear and it’s also clear that large numbers of migrants are coming in, the government is building new ports, there are ships that come in on a weekly basis, there’s many flights every day from other parts of Indonesia. There’s clearly the demand, and as we’re talking, they are clearing tens of thousands of acres of rainforest and putting in labour-intensive things like oil palm plantations, where the workers are being brought in from Java rather than being recruited locally.

JB: Back in 2010 you had estimated that the total population of West Papuans in West Papua, that whole Papua region, was some 48 percent. And now with these new BPS [Indonesian Statistics Office] figures it’s indicating that their percentage is something like 66 percent. Isn’t that in some ways a positive, given that in the last couple of years a lot of the discourse around the West Papuan diplomatic wrangle has been around them having become a minority in their own land?

JE: Well, when you extrapolate these figures forward, and there’s two different population growth rates, you come up with these figures of the minoritisation of the Papuan population. And that was a projection, I guess, if all else remained the same. And I think the exact figures may vary but the trend is still there. So in terms of whether that’s positive or not… I think it certainly is positive that large areas of the Highlands of West Papua are still populated very strongly by groups of indigenous Melanesian people, even if that’s not the case in the lowlands. But it means that the Papuans, certainly in the Highlands, are not on the verge of disappearing under the weight of inward migration. So yes, I think that’s a positive thing. Some people seem to feel that the general conflict in West Papua would disappear over time as the Papuan population became a minority. Well that’s obviously not going to happen. That is happening in the lowlands, but it’s not going to happen anytime soon in the Highlands, even though – I must stress again – that there’s a lot of development going on there which will bring in outsiders, bring in more military, which will always be a threat to them [Papuans].

JB: Transmigrasi is no longer an official programme, is that right? But these people are still coming in?

JE: Yeah so there’s no official transmigration, but it’s the policy, I think, of the Indonesian government because looking at the bigger picture of Indonesia and the Indonesian  economy – and people talk about it growing – West Papua makes up something like 23 or 24 percent of the land mass of Indonesia and it’s got huge resources: obviously the forestry, when most of the rest of the trees of Indonesia have been cut down, so Papua is really the last place where there’s huge stands of rainforest; there’s also the mineral wealth which is possibly the richest part of the entire world – the Freeport mine is probably the biggest gold mine in the world, the biggest copper mine, it’s also the biggest economic entity in Indonesia and also the biggest taxpayer. So looking into the future, the Indonesians’ capacity to exploit the natural resources of West Papua, and with all that brings, that will be one of the factors that allow Indonesia to grow as people are predicting it to grow, and become one of the main economies in southeast Asia, and certainly bigger than Australia. Which is one of the fears, I guess, which is underlying Australian policy, that in some future when the Indonesian economy overtakes the Australian economy in size, and Indonesia becomes a more important country internationally, then that’s going to be quite a different situation than has been the case in this part of the world up until now, where the Australian economy and therefore its military resources and the rest of it were superior to the Indonesians. So a lot of that long-term growth will come out of West Papua. And if that continues, it will involve shifting more and more people down to that region.

• West Papuan demographics revisited

Martina Wanago was sick. In fact, she was sure she would die. She had contracted HIV, which has reached epidemic proportions here in Indonesia’s remote and restive province of Papua. And like many of those infected, she didn’t know what was wrong with her.

“All I could do was just wait for God to call me,” Wanago said, closing her eyes as firelight flickered on her face in a traditional roundhouse in Kambele, a remote artisanal mining village deep in cloud-shrouded mountains.

But it was here, in this unlikely spot, that she found salvation. Or rather, she found treatment – at the Waa Waa Hospital in the nearby community of Banti.

The hospital was built by Freeport McMoRan, one of the world’s largest mining companies, based in Phoenix, Arizona. It is one of very few positive developments that the industry has brought to indigenous Papuans.

Grandmothers Against Removals (GMAR) were recipients of the Aboriginal Justice Award at the Justice Awards in Sydney this month.

The group were recognised for their advocacy against indigenous children being forcibly taken away from families as well their contribution to guiding principles for strengthening the participation of local Aboriginal community in child protection decision making.

Laura Lyons, a member of GMAR Sydney, told Asia Pacific Report earlier this year of the forced and unjustified removal of her children and the abuse they faced in a residential care facility.

‘Proud moment’

She said the award was a “proud moment” for the group and believed their ancestors were present to witness it.

‘On our way to the awards we saw a rainbow,’ Lyons explained.

“It was actually Bianca (Lyons daughter) who looked up in the sky and said, ‘mum there’s the rainbow’. I said to her, ‘that’s our ancestors with us’ and I knew we were going to win the award.”

‘Ongoing’

Lyons said her case with the Department of Children Services (DoCS) is ongoing but GMAR continues to be busy travelling to other communities to assist and support families.

GMAR have set up a GoFundMe page to raise money for transport costs to visit other families who need their help.

• Guiding principles for strengthening the participation of local Aboriginal community in child protection decision making
• Laura Lyons case: ‘stolen generations’
• Still stealing the generations – the abduction of Indigenous Australian children goes on
• Stop Stolen Generations

By TJ Aumua in Auckland

Former Māori party co-leader Sir Pita Sharples described te reo Māori as being on “life support” at a Human Rights Commission forum this month.

He said he would lead an initiative of revitalising the Māori language and would hope to encourage the Government in supporting the notion, as a fundamental right in the United Nations Declaration on the rights of Indigenous Peoples (UNDRIP).

“I am determined this year to lead a charge with the Declaration and with the Treaty of Waitangi and for Government to be meaningfully supportive of the growth of te reo Māori in New Zealand.”

‘forbidden’

Sharples talked about his parents who, in the past, were forbidden to talk te reo Māori in New Zealand.

As a result “our language was killed in one generation”.

He told the Pacific Media Centre an environment that would support the learning of the language and its use in everyday conversation needs to be established in New Zealand.

“When our kids go to the mall, they talk Māori the whole time. But the world around them doesn’t support what they are doing.”

Sharples also emphasised that New Zealand media have to be trained in Māori pronunciation in order to foster an environment that encourages and respects te reo.

Indigenous law

Expert member on the UN Permanent Forum of Indigenous Issues Valmaine Toki recommended mandatory indigenous law studies in New Zealand as part of implementing legal understanding of the UNDRIP.

She also said constitutional recognition of the Declaration in New Zealand is key to reflecting indigenous rights.

Listen to the full audio story:

Traditional knowledge

Toki also touched on how indigenous knowledge is key to solving Pacific climate change.

“The Pacific is really vital and key at the moment because of climate change-it’s a huge issue. And traditional knowledge cuts right across that.”

Listen to the interview with Valmaine Toki:

A group of Indigenous Australian grandmothers have organised themselves to stop the Australian government from taking away Indigenous children from their immediate families and their mums and dads.

The group — who call themselves Grandmothers Against Removals (GMAR) — says the stealing of Indigenous children has been going on for more than 20 decades and the group is fighting the government to have the children returned to their families.

Linda Jackson, a 61-year-old Indigenous woman, a child of the Stolen Generation, said she was taken away from her mother in the 1950s when she was a baby in Western Australia. She said her parents had no rights to them so she and her siblings were placed in institutions and missions and the practice of taking Indigenous children away from their families has continued ever since.

Catherine Jackson, Linda’s 42-year-old daughter, said that GMAR was formed because of the large numbers of Indigenous children who were being taken from the hospitals as soon as they were born or from the family homes.

“It’s like a slave industry but better for the white man because they are taking innocent children who will grow up not knowing their culture,” says Jackson.

Jackson blames the high rate of teenage and youth suicide among Indigenous Australians on their growing up without knowing their culture. The police, says Jackson, come in with the DoCS (Department of Children’s Services now called Family and Community Services) social worker and take the children away without any consideration for their families or the children’s well-being.

‘Very scary’
The children are then placed in “horrible situations with people who don’t know how to handle Indigenous kids” and taught the “white man’s ways”. The children are put “in unsafe care where they are raped by paedophiles…they get beat up, they get stressed out, they don’t eat properly. They can’t sleep because they don’t know what’s happening to them. They’re innocent children so it’s very scary for them, very scary”.

The Stolen Generation is not a thing of the past.

Catherine Jackson says it began more than 200 years ago — when “the white man came here and invaded this country” — and it continues today.

GMAR became involved because of their continued concern for the growing number of suicides among Indigenous youth and the large numbers of children going missing. “Not just children, people that are Aboriginal. They were just being slaughtered and wiped out never to be found when the white man finished with raping these kids in care. What do they do with the kids, you know?”

Laura Lyons,* herself a grandmother who has had children and grandchildren stolen from her, agrees that the children have suffered at the hands of their caregivers: “I know through neglect of these white carers our children have died while in care.”

GMAR has been active in the last two and a half years since it was formed and says that stealing and selling Indigenous Australians is a money industry. “They see dollar signs…they think that they can sell these children into adoption agencies. It’s just another slave industry where the white man can come in, take whatever and sell the kids off”.

“They get thousands of dollars per child” says Linda and says that Indigenous Australian families get half the amount of money for fostering a child than white families.

Many reasons
Laura said that she knew of one residential care facility where the carer was being paid the sum of A$11,000 per month for the care of 3 children, aged 11, 10 and 8.

According to GMAR, the police and government officials give a number of reasons for taking the children, such as the use of drugs and alcohol in the families, unsafe homes, accusations of molestation in the family, and often use prison records and mental health records against the families.

“They’ll come up with allegations that have never been proven before but all of a sudden they’re there. So then they build up a case on lies against families,” says Jackson.

One of the grandfathers, Christopher Simpson, said he was taken as a child up to Bomaderry. Back then, he said, a car pulled up full of Aboriginal children and they were taken to Bomaderry where he stayed for 16 years, 14 of them in a home without his own family. The grandfather said that children were kept until they were 21 and that “if you’re a good worker they won’t let you go”.

According to Linda Jackson, the boys are stolen to carry out domestic work, farm work, dairy work or sent to the cattle stations.

Linda Jackson has had three of her grandchildren taken away from her. The grandchildren are currently 14, 2 and one year old. It has been 14 years since the eldest was taken away. Linda Jackson said there was no reason for the grandchildren to be taken away.

“The white woman she come in my house and saying we were all drinking and on drugs. And I’ve never taken drugs! And there was no alcohol there. All of my grandkids. I raised all of my grandkids. Even my sister’s daughter too. I mean this white woman turns up to the door. Sees the Aboriginals in there, then she puts an act on, goes, ‘Ah black fellas, I’m gonna get attacked!’ You know what I mean? Then she goes, ‘I’ll be back in about half an hour’. Goes and gets a tank full of cops!’

‘Still a mystery’
Linda Jackson still does not know why the woman showed up at her place. “It’s still a mystery to me. Why? Because she had no reason to come there.”

Linda Jackson’s son had been arrested and the son’s wife and child had been taken to the police station. Catherine Jackson said that her mother should have been given the option to take the grandchild but the police and government officials put the child in welfare. “So my niece has grown up without family and got a new family.”

The grandmothers of GMAR have vowed to keep fighting to take back their stolen grandchildren and to reunite them with their families and culture.

Associate Professor Camille Nakhid of Auckland University of Technology is a contributor to Asia Pacific Report and chairperson of the Pacific Media Centre Advisory Board.

• *Laura’s story will be featured in an upcoming edition of Asia Pacific Report.

Journalism educators from across the Pacific have raised concerns about the current state of journalism globally at the 4th World Journalism Education Congress (WJEC) at the Auckland University of Technology this week.

The panel of educators from across New Zealand and Australia agreed better practice in journalism is required in order to truly represent diverse communities and those seen as “minorities” and disadvantaged.

Bernard Whelan, manager of Whitireia’s journalism programme, Tara Ross of the University of Canterbury, Professor David Robie of the Pacific Media Centre, and Kathryn Shine of Western Australia’s Curtin University, all said better practice could be achieved through instilling improved methods with young and aspiring journalists. 

This echoed points raised by both Dr Lee Duffield and journalism educator Dr Philip Cass on Wednesday at the JEERA preconference that students were at the heart of developments in the industry.

‘Bicultural responsibility’
Whelan noted how the mainstay of American news values left no apparent room in the mainstream media to explore more “indigenous” and alternative models of reporting.

He stressed journalists, particularly in New Zealand regarding Māori, had a “bicultural responsibility” to at least consider these forms and hoped that through his PhD research a bicultural model for journalism education could be “deeply ingrained” into Whitireia’s programme.

Ross noted how students needed to report with and not on the community, which was not currently the norm as it was different from “normative” educational process.

She stressed the importance of students understanding the consequences of their stories and noted how they need a measure of accountability.

This evoked a vocal response from one of the delegates present, who stressed that a journalist’s stories are not momentary for those that are featured, as the story has a “lasting, lifelong digital attachment”.

Negative focus detrimental
Shine however, raised the important issue of the prevalence of negativity in the media and the media’s seeming inability to pull away from the “if it bleeds, it leads” mentality that continues to drive the mainstream news cycle.

She said such a negative focus might mean the media was “out of sync” with the very community it sought to inform. This echoed sentiments delivered earlier by Ross, who noted that what the media perceived as the community needing was not necessarily what it wanted.

Shine also highlighted the importance of pulling away from such negative stories and perceptions with her research into teachers’ perceptions of the news and journalists.

She found more than 80 percent of teachers believed coverage of their work was negative, while 60 percent said “sweeping generalisations” resulted in media coverage being biased.

More than half concluded that the media did not convey the realities of both schools and teaching, she said.

Such revelations were concerning, as it led the community to question the credibility of the media.

In the Q and A session following the panel, one delegate raised the concern that such issues in the coverage of education posed serious dilemmas for the potential influx of young journalists, as “teachers have a fundamental influence in students career choices”.

Independent media important
Pacific Media Centre director Professor David Robie drew on the examples of Pacific Scoop and Asia Pacific Report in a case study to stress the importance of the presence of independent, alternative media in journalism schools for students to explore their potential.

Dr Robie highlighted how such media demonstrated best practice as a “cornerstone of democracy”.

He said it was integral to involve students in such a process, and noted the “innovative” work that had been achieved by postgraduate students on the PMC’s Asia-Pacific Journalism Studies course over the past few years, including missions to the Pacific.

Students from the course had covered the the 2014 general election in Fiji — the first since the 2006 militrary coup — and had assignments involving climate change in Fiji, and the Pacific Islands Forum in the Cook Islands and Vanuatu.

Both the panelists and delegates noted that if changes were not made to dominant paradigms and mainstays of journalism soon that the “rubber would hit the road” leading to an internal moral crises within the industry.

• WJEC16: Role of journalism students
• Asia Pacific Report

Indonesia’s Minister of Land and Spatial Planning Ferry Mursyidan Baldan has declared the government’s recognition of communal rights of nine indigenous communities in Papua.

The declaration was held at the closing of the  9th Sentani Lake Festival at the province’s Khalkhote region in East Sentani last week.

“We want to affirm how Jayapura becomes the living space for indigenous communities. No more actions against the living and cultural spaces of indigenous communities,” Ferry said.

The state had supported available space for Papua’s indigenous communities so no more people are evicted or forced from their native land, Ferry said.

“On behalf of the country, we affirm that in all Papuan regions, the entire space, mountain, beaches and others are owned by Papua’s indigenous communities. Whoever wishes to take benefits, to develop, should recognise the presence of indigenous communities within.”

“There should no longer be the elimination of indigenous communities’ rights,” Ferry said.

Daniel Toto, head of Jayapura’s indigenous communities, has called on the central government to strengthen the practical presence of indigenous communities.

Since President Widodo’s inauguration on 20 October 2014, there were considerable expectations for improvement in Indonesia’s human rights situation, particularly in Papua and West Papua.

President Widodo was believed to have a strong commitment to addressing the various human rights violations in Papua, providing remedies for victims and families, and evaluating the presence of security forces in the province.

Over a year of his presidency however, has neither resolved any of the past human rights violations, nor seen any adequate remedy and guarantee for non recurrence given to the victims.

Law No. 21 of 2001 on special autonomy for Papua and West Papua province has yet to bring benefits to local indigenous Papuans. Similarly, government development of public infrastructure has an economic and business orientation rather than benefits for the local community.

The government’s attempts to boost international investment to Papua and West Papua will likely see an increase in migration to the provinces from elsewhere in Indonesia, further fuelling local discontent.

Police involved
Furthermore, criminal justice institutions in the provinces do not function to address human rights problems.

The police are frequently involved in various human rights violations in the two provinces, and the accountability mechanism has failed to address this problem.

The Paniai case of 8 December 2014, where four indigenous Papuan children were shot to death, two adults seriously injured, and 17 others injured (AHRC-UAC-089-2015) is an indicative example of the brutality faced by Papuans, as well as the lack of any effective investigation or remedies.

Other cases that have also not been investigated and prosecuted under President Widodo’s administration include the case of a member of the Air Force heavily maltreating 22-year-old Amsal Marandof (AHRC-UAC-143-2015), the case of arbitrary arrest and torture of three indigenous Papuans on 27 August 2015 (AHRC-UAC-003-2016), and the case of the shooting and brutal attack on 10 indigenous Papuan youth conducted by police officers of Tigi Police Sector (AHRC-UAC-090-2015).

The AHRC has also observed the Indonesian government’s lack of willingness to deal with past human rights abuses in Papua and West Papua provinces.

The investigation report of the National Commission on Human Rights (Komnas HAM) on the gross violations in Wasior Wamena Papua (2001 and 2003), for instance, has been sitting with the Attorney General for the past eight years, without any action taken by that office.

In the allegations of genocide in the Central High Lands of Papua from 1977-1978 as well, although the AHRC submitted a report to Komnas HAM, as of yet there is no progress in the investigation.

While Komnas HAM initiated establishing a team in November 2015 to audit human rights violations beginning from the integration of Papua to the Republic of Indonesia until the case of Tolikara (AHRC-UAC-106-2015, AHRC-UAU-002-2016), since then there has been no clear information on the team’s existence or work.

Recently, a government initiative under the Coordinator Minister of Politic and Security (Menkopolhukam), Luhut Binsar Panjaitan, was announced, to establish a special team dealing with human rights violations in Papua and West Papua provinces.

Initiative rejected
Local human rights groups however, have largely rejected the initiative, saying that representative indigenous Papuans in the team are not genuinely representing indigenous Papuans on the ground.

In fact, the initiative is typical of the government process to suddenly establish a team without proper consultation and discussion with Papuans on the ground.

The government tends to simplify the problems in Papua, and its economic and infrastructure perspective on Papua does not seriously take into consideration the history of human rights violations occurring from the time of integration to the present.

The AHRC therefore calls for President Joko Widodo and his administration to take serious and comprehensive steps to deal with the various human rights problems facing Papua and West Papua provinces.

The government should stop seeking political benefits in dealing with the provinces, and focus on improving the situation of the local communities.

In particular, the government must guarantee protection of local indigenous Papuans, local human rights defenders and journalists, and consistently open Papua and West Papua to international monitors to ensure the progress of resolution.

• Asian Human Rights Commission