TB – Asia Pacific Report

Revelations on the murky fate of flag ‘treason’ prisoners in West Papua

APR editor — Wed, 30 Nov 2022 22:47:49 +0000

Today marks 1 December 1961 when the West Papuan national flag, the Morning Star was first raised and the date has been honoured across the world ever since. The flag was raised by West Papuan legislators who had been promised independence by then-colonial ruler, the Netherlands, but this hope was dashed by Indonesian annexation in 1969. Today marks the 61st anniversary of that first flag-raising. West Papuans raising the flag risk prison sentences of up to 15 years. The following article from Tabloid Jubi newspaper in the Papuan capital Jayapura is part of a five-part series exposing the cruel and inhumane treatment of flag-raisers by Indonesian authorities.

Seven West Papuan makar — “treason” — convicts who were found guilty of raising the Morning Star flag were released on September 27 this year after completing their prison term of 10 months.

Until today, Papua activist and treason convict Melvin Yobe still does not know the result of his medical check-up at Dian Harapan Hospital earlier this year on February 16.

Maksimus Simon Petrus You also doesn’t know what punishment was given to the prison guard who brutally beat him.

READ MORE: The full five-part article series at Tabloid Jubi [English-language version]
Part One
Part Two
Part Three
Part Four
Part Five

Even more disturbing, however, is the fate of Zode Hilapok. He was unable to stand trial as his health continued to deteriorate due to tuberculosis. Zode Hilapok died while undergoing treatment at Yowari Regional General Hospital in Jayapura Regency on October 22.

Since detaining Zode Hilapok on December 2, 2021, law enforcement officials at all levels failed to provide adequate health services for his recovery and he was never put on trial.

Melvin Yobe and his friends when they were released from Abepura Prison on 27 September 2022. Image: Theo Kelen/Tabloid Jubi

Violating human rights
A law faculty lecturer at Cenderawasih University, Melkias Hetharia, says treason charges against Papuan activists violated human rights — namely the right to freedom of speech and expression. He argues the treason law enforced against Melvin Yobe and his seven friends was enacted by the Dutch colonial government to punish coups and revolutions and was based on the experience of the Russian revolution.

Hetharia told Jubi that the enforcement of the Dutch East Indies’ Criminal Code did not consider the social, cultural and philosophical aspects of the Indonesian nation.

“The formation of treason articles in the Criminal Code did not consider aspects of human rights, therefore it is oppressive and injures a sense of justice,” Hetharia said.

He said the term “treason” as regulated in articles 104, 106, 107, 108 and 110 of the Criminal Code had been interpreted very broadly and was not in line with the meaning of aanslag as intended in Dutch, which means “attack”. An attack in that sense was using full force in an attempt to seize power.

“If the term treason in the articles is interpreted not as aanslag or attack, then the articles on treason are indeed contrary to human rights guaranteed and protected in the 1945 Constitution of the Republic of Indonesia,” he said.

In fact, Melvin Yobe, Zode Hilapok, and their six friends are not the only Papuan activists who peacefully protested but have been charged with treason.

An infographic of Papuan activists who were charged with treason at the Jayapura District Court, Central Jakarta District Court, and Balikpapan District Court during 2013-2022. Graphic: Leon/Tabloid Jubi

From 2013 to 2022, at least 44 Papuan activists have been charged with treason. Among them — from Jayapura District Court data — from 2013 to 2022 there were 31 people, while in Balikpapan District Court in 2020 seven people and in the Central Jakarta Court in 2019 six people.

Treason ‘structural criminalisation’
Emanuel Gobay, director of the Papua Legal Aid Institute (LBH Papua), who is also the legal counsel for Melvin Yobe and his friends, believes the treason charges against Papuan activists are part of a systematic and structural criminalisation.

“The majority of those accused of treason are human rights activists and political activists,” Gobay told Jubi.

Gobay said the Morning Star flag was a cultural symbol of the Papuan people. According to Gobay, these cultural symbols are guaranteed under Papua Special Autonomy Law No, 21/2001.

Gobay said the raising of the Morning Star by Melvin Yobe and other Papuan activists was part of the demand for the government to resolve Papua’s political problems.

“They are asking the state to immediately implement the Special Autonomy Law,” said Gobay.

On that basis, Gobay considered the use of the treason article against Papuan activists as a form of criminalisation. He also emphasised that the raising of the Morning Star flag did not automatically make Papua independent from Indonesia, therefore the element of treason was not fulfilled.

Apart from the controversy on the use of treason legal articles for Papuan activists, the discriminative treatment received by prisoners of treason cases is also inappropriate, argues Gobay.

Prisoners treated badly
Gobay, who often provides legal assistance to Papuan activists suspected or charged with treason, said his clients were often treated badly.

Zode Hilapok’s health condition was the worst of all, said Gobay. During his detention in Abepura Prison, Hilapok’s health condition deteriorated and he lost weight rapidly.

Gobay said Abepura Prison was not suitable for detainees with a history of tuberculosis, such as Melvin Yobe and Zode Hilapok.

“After we surveyed and compared the condition of the prison with the guidelines on handling tuberculosis patients, the prison is not suitable for accommodating prisoners with tuberculosis,” he said.

Minister of Health Regulation No. 67/2016 on Tuberculosis Patient Treatment Guideline states that the treatment centre for tuberculosis patients must be open and have good air circulation and sunlight.

Gobay said the regulation also stipulated that local health offices and hospitals provide special units to treat tuberculosis patients.

“We hope that judges, prosecutors, and hospitals can implement the regulation,” he said.

This report is supported by Transparency International Indonesia (TII), The European Union and the Alliance of Independent Journalists (AJI) in the Anticorruption Residency programme “Reporting Legal Journalism”. It is the final article in a five-part series in Tabloid Jubi and is republished by Asia Pacific Report with permission.

Port Moresby hospital emergency chief explains tragic oxygen death

APR editor — Fri, 19 Mar 2021 03:50:33 +0000

Asia Pacific Report newsdesk

Papua New Guinea’s main hospital emergency chief has clarified the tragic death of a female patient dying while trying to access oxygen.

The head of the Port Moresby General Hospital (PMGH) emergency department, Dr Sam Yockopua, said the patient died while trying to access oxygen canisters in an outdoor area of the emergency wing.

Speaking to EMTV News, Dr Yockopua said the emergency area was in the middle of decontamination due to positive cases at the emergency department on that day.

He said that there had been four asthmatic cases and they were put outside on oxygen-driven nebulisers.

The patient, whose picture went viral on social media, had terminal post-TB bronchiectasis with a reactive airway that required nebulisers.

Dr Yockopua said the unnamed patient had died while trying to retain oxygen.

He said it was a “chaotic day”, full of patients and that many of his staff were covid-19 positive and had been isolated.

Dr Yockopua added that while the need for health services during this time was massive, there was only a limited number of health workers on duty to cater for this huge demand.

Asia Pacific Report publishes EMTV News articles with permission.

Outreach patrol brings covid info boost to remote Gulf villages in PNG

Pacific Media Centre — Thu, 30 Jul 2020 06:00:21 +0000

Pacific Media Centre Newsdesk

Remote communities in Papua New Guinea’s south-western Gulf Province have welcomed an outreach patrol to several villages that has brought treatment for illnesses and covid-19 pandemic awareness.

Lillian Keneqa of EMTV News reports the patrol, delivered by Kikori Health Services, has brought vital health services, including immunisation, family planning, tuberculosis treatment follow-up, outpatient screening and covid information.

More than 130 children under the age of five were vaccinated, and more than 300 outpatients were checked for a range of illnesses and eight TB patients had their treatment reviewed.

The recently integrated outreach patrol took place in Baina village, located about 230km from Kikori Station

Sixty three cases of covid-19 have been confirmed in Papua New Guinea with two deaths so far – with a spike in the national capital Port Moresby – while testing has been extended to more parts of the country.

People in Port Moresby are slowly adjusting to the urban lockdown measures imposed by the pandemic controller since last Friday, reports EMTV’s Annette Kora.

The major markets and public areas of the city were checked to see if the covid-19 measures were mitigating the spread of the virus.

Following the confirmation of four new cases in the last 24 hours, the controller reinforced another stern warning to strictly observe the covid-19 control measures, especially in Port Moresby.

Empty Waigani streets in the Papua New Guinea capital of Port Moresby. Image: EMTV

General lockdown compliance
While it is important that all residents assist by adhering to measures in place, observations on day two have seen general compliance to the lockdown measures, said Pandemic Controller David Manning.

PMVs ceased operations completely and social distancing practices, as well as directions for masking and quarantine and isolation protocols,are being followed slowly.

Accessings masks by the citizens is a challenge. The National Command Centre is working with partners to make sure masks are available at a minimum cost to the public.

Controller Manning said it was an “investment in survival” and must not be compromised.

Manning added that health teams could not indicate the hot spot areas so the public needed to remain vigilant to protect themselves against the virus.

The Pacific Media Centre has a partnership with EMTV News.

PNG faces TB crisis with 35,000 new cases each year, warns NGO

APR editor — Sun, 10 Mar 2019 05:13:52 +0000

Businesses for Health will host a street festival in Port Moresby on March 22 to create more awareness about TB. Video: EMTV News

By Lillian Keneqa in Port Moresby

Papua New Guinea is facing a tuberculosis crisis, says the non-government organisation Businesses for Health (B4H) citing new research.

The country currently ranks 10th globally for rates of TB and has 35,000 new cases every year with 6000 of these in the nation’s capital Port Moresby.

After launching their Women in TB project on Friday, B4H announced that it would host a street festival on March 22 to create more awareness about TB.

“Ending TB means everyone must focus on facts about the size of the problem,” said a B4H spokesperson.

“Thousands die unnecessarily of drug susceptible and drug resistant TB. Drug resistant treatment success rate is less than 50 percent. Last year, there were 2000 reported cases of drug resistant TB in NCD alone.

“Sadly health workers are also at high risk of being infected and sick with TB disease more than any other group.”

Businesses for health PNG believes that it is time to stop people dying unnecessarily of a curable disease.

Lillian Keneqa is an EMTV News reporter and a University of Papua New Guinea journalism graduate. This article is republished with permission.