Month: March 2011

The Observatory: Indonesia: Brutal attack against journalist Banjir Ambarita

URGENT APPEAL- THE OBSERVATORY

IDN 001 / 0311 / OBS 049

Attack

Indonesia

March 25, 2011

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), has received new
information and requests your urgent intervention in the following
situation in Indonesia.

Description of the situation:

The Observatory has been informed by reliable sources of the brutal
attack against Mr. Banjir Ambarita, journalist, after the publication of several of his articles in the local newspaper Bintang Papua of Jayapura, Papua province, and in the Jakarta Globe, denouncing sexual abuses committed by police officers in Jayapura.

According to the information received, on March 3, 2011, Mr. Banjir
Ambarita was riding his motorcycle in front of the Jayapura Mayor?s
office, when two unknown men on a motorcycle reportedly approached him, stabbed him twice in the chest and stomach and fled. As he began to bleed, Mr. Banjir Ambarita drove to the nearby police station. Police officers took him to the Marthen Indey Hospital in Aryoko, Jayapura, where he underwent surgery. He has reportedly recovered since then.

The Papua Regional Police and the Jayapura Police have set up a joint
force to investigate the case, but to date, perpetrators remain unknown.

Mr. Banjir Ambarita had recently written articles in the Bintang Papua and in the Jakarta Globe about two alleged rape cases involving the police.

In the first article, he had written that four police officers and three
civilians allegedly raped and tortured a 15 year old girl in February
2011, in Biak, Papua province. The last article, dated February 27,
2011, covered a second case in which three police officers forced a
woman detainee to perform oral sex on them from November 2010 to January 2011 at the Jayapura Police Detention Centre in Papua province. The media coverage of this incident led to the resignation of the Jayapura’s Police Chief, Mr. Imam Setiawan, and to the sentencing to 21 days of jail for the officers involved.

The Observatory expresses its deepest concern about the attack on Mr. Banjir Ambarita, which seems to merely aim at sanctioning his
denunciation of human rights violations, and urges the authorities to
ensure his protection and to promptly investigate into the
above-mentioned facts.

Actions requested:

The Observatory urges the authorities of Indonesia to:

i. Guarantee in all circumstances the physical and psychological
integrity of Mr. Banjir Ambarita, as well as all human rights defenders
in Indonesia;

ii. Carry out a prompt, effective, thorough, independent and impartial
investigation into the above-mentioned events, the result of which must be made public, in order to prosecute and try the perpetrators of these violations before a competent, independent and impartial tribunal;

iii. Conform in all circumstances with the provisions of the Declaration
on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

– Article 1, which states that ?Everyone has the right, individually or
in association with others, to promote the protection and realization of
human rights and fundamental freedoms at the national and international levels;

– Article 6, which provides that: “Everyone has the right, individually
and in association with others: (a) to know, seek, obtain, receive and
hold information about all human rights and fundamental freedoms (?);
(b) freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”;
(c) to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”,

– Article 12.2 which provides that “The State shall take all necessary
measures to ensure the protection by the competent authorities of
everyone, individually and in association with others, against any
violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of the rights referred to in the present Declaration”;

iv. Ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of
Human Rights and with international and regional human rights
instruments ratified by Indonesia.

Addresses:

  • HE. Susilo Bambang Yudhoyono, President of the Republic of Indonesia, Presidential Palace, Istana Merdeka, Jakarta 10110, Indonesia; Fax: +6221 345 2685/526 8726
  • Mr. Gamawan Fauzi. Minister of Home Affairs, Jl. Medan Merdeka Utara No. 7, Jakarta Pusat, Indonesia, Fax +62 21 385 1193 / +62 21 384 6430, Email: pusdatinkomtel@depdagri.go.id⁢mailto:pusdatinkomtel@depdagri.go.id>
  • Mr. Patrialis Akbar, Minister for Justice and Human Rights, Department of Justice and Human Rights, Jl. H.R. Rasuna Said Kav No. 4-5, Kuningan – Jakarta Selatan 12950, Indonesia,
    Fax: + 62 21 525 3095/ 310 4149/ 522 5036,
    Email: rohumas@depkehham.go.id
  • Indonesian National Commission on Human Rights, Jl. Latuharhary No 4B, Menteng, Jakarta Pusat 10310, Indonesia, Fax : +62 21 392 5227, Email: info@komnasham.go.id
  • Permanent Mission of the Republic of Indonesia in Geneva, Rue de Saint-Jean 16, Case Postale 2271, 1211 Geneva 2, Suisse, Fax: +41 22 345 57 33, Email: mission.indonesia@ties.itu.int
  • Embassy of the Republic of Indonesia to the Kingdom of Belgium, Boulevard de la Woluwe 38, B-1200, Brussels, Belgium, Fax +32 27 72 82 10, Email: primebxl@skynet.be

Please also write to the diplomatic representations of Indonesia in your
respective countries.

***
Geneva-Paris, March 25, 2011

* *

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to the
protection of Human Rights Defenders and aims to offer them concrete
support in their time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

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More actions to release five detained nurses

JUBI, 24 March 2011

Nurses arrests violate human rights

KontraS Papua, the Commission for the Disappeared and Victims of
Violence, is convinced that the detention of five nurses by the police
in Papua is a violation of their human rights. KontraS Papua member,
Olga Helena Hamadi said that the police should not treat the nurses as criminals, adding that the government should quickly act to resolve this case.

She also said that it was wrong for the governor of Papua Barnabas Suebu to ignore this case, as the consequences are being felt by many others in Papua. ‘Many people have already become victims.’

[This refers to the impact the case is having on services at the
hospital where the nurses work, which are vital to all local Papuans in
need of medical treatment at a hospital where they can be treated at
minimal cost. TAPOL]

Hamadi urged Komnas HAM, the National Human Rights Commission, to
continue with its investigations into this case to mediate in the case.
‘They need to work harder to produce stronger evidence to bring an end to this case,’ she said.

She also suggested that the police should hand this case over the
government in order to reach a settlement.

As already reported, eight nurses have been identified for questioning,
five of whom have been arrested and are being held by the police. Five
of the nurses have already been declared suspects, while two others are currently being interrogated.

————————–

JUBI, 24 March 2011

Nurses working at DokII General Hospital in Jayapura have reported the secretary of the province of Papua Costant Karma to the police. They were accompanied by the team of lawyers who are acting for the nurses.

One of the lawyers, Michael Tieret, said they had produced the
governor’s instruction No 125/2010 which granted payment of an
incentive to the nurses, alongside the governor’s instruction No 141
which cancelled the incentive.

One of the lawyers, Cory Silpa, said that the provincial secretary had
also used abusive words against the nurses at a meeting in mid December 2010, when the nurses had made their demand for the incentive to be paid. He had said: ‘You lot seem to think I have no brains. I’ll use my own ways, just you wait and see. The names of all of you sitting here now are with me. ‘

The lawyer, Michael Tieret, said that this had caused great anxiety
among the nurses. He said that he hoped that the provincial secretary
would be summoned by the police for an explanation.

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1

Dialogue needed to solve problems at hospital in Jayapura

[Abridged in translation by TAPOL]

JOINT PRESS RELEASE
17 March 2011

The problems surrounding the moves to uphold the rights of members of
the medical profession – nurses, midwives and assistant medical
personnel – at the DokII Hospital in Jayapura have intensified and have
now led to their criminalisation. Eight nurses have been declared
suspects, five of whom are in police custody

In April 2010, medical personnel sought a meeting with the governor of
the province of Papua to discuss an improvement in their rights. On 2
December 2010, they held their first demonstration demanding payment of
an incentive that had been promised a year before by the regional
government. On 6 December, the governor issued Decision 125 ordering
that the incentive be paid from January 2010. On 17 December, during a
Christmas celebration at the hospital, the regional secretary of the
Papuan province said in his address that the incentive would be paid.
But all of a sudden, without any consultation, the governor issued
Instruction 141 on 30 December saying that the decision to pay the
incentive had been cancelled.

A number of meetings held with various official bodies including the
provincial legislative assembly, the DPRP, failed to secure any
agreement about the incentive.nor was there any response from the
provincial administration. On the contrary, the personnel were treated
as criminals. Services as the hospital were badly affected as many of
the personnel paid visits to their colleagues who were in custody, as a
sign of solidarity.

The undersigned NGOs, in a spirit of solidarity with the medical
personnel at DokII Hospital, wish to convey the following:

1. We are very concerned about the failure as yet to reach any solution
to the problems between the hospital.personnel and the Papuan provincial
administration. This long drawn out case shows that the provincial
administration is incapable of solving the problems in the healthcare
sector, which is one of the priorities under the special autonomy law.

2. We are very concerned about the fact that within a period of one
month, two instructions were issued by the governor on the matter, one
of which ordered the implementation of an instruction while the other
cancelled the instruction, without explaining the reason for this. This
has only highlighted the deficiencies in the system and the lack of
coordination and lack of understanding about governance in the province
of Papua.

3. Far from solving the problem, the criminalisation of eight medical
personnel has worsened the problem and has resulted in the paralysis of
healthcare services at DokII Jayapura Hospital .

4. We call on the police in Papua to release the five medical personnel
in custody and to withdraw the decision to criminalise them. This would
help safeguard the neutrality and authority of the police in the eyes of
the public.

5. We call on the medical personnel at DokII Hospital to continue to
comply with their responsibilities towards the community because the
Papuan people are entitled to receive proper medical attention.

6. The governor should immediately enter into dialogue with the medical
personnel in order to pay due attention to their rights, particularly
taking account of the burdens and risks involved in correcting the
management of DokII Hospital. Such a dialogue would prove that the
Papuan provincial administration has acknowledged its responsibility to
provide healthcare services while enhancing the positive reputation of
the provincial government in the eyes of the medical profession
throughout the Land of Papua.

ALDP (Alliance for Democracy in Papua), KontraS Papua,Legal Aid
Institute, Papua.

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1

AWPA calls on the MSG to give full membership to the Melanesian people of West Papua.

Australia West Papua Association (Sydney)

Media release 22 March 2011

In an open letter to the leaders of the MSG, AWPA calls on the MSG to give full membership to the Melanesian people of West Papua.
.
Joe Collins of AWPA said “as the MSG is allowing Indonesian to attend as an observer at the coming meeting in Suva, the MSG should offer full membership to the Melanesian people of West Papua. The issue of West Papua will not disappear and AWPA believes that as the situation in West Papua deteriorates further , it could lead to instability in the region”.

At the coming MSG summit in Fiji AWPA is urging the MSG Leaders to discuss the deteriorating human rights situation in West Papua and to make a public statement of concern regarding the human rights situation in the territory.

We note that the MSG is to allow Indonesia to attend as an observer at the MSG summit. AWPA urges the MSG to now offer full membership to the Melanesian people of West Papua, to those representatives of the West Papuan people involved in the independence struggle. A precedent previously given by the MSG to Front de Liberation Nationale Kanak et Socialiste (FLNKS) of Kanaky (New Caledonia).

We believe the MSG can play an important role in helping facilitate dialogue between genuine representatives of the West Papuan leadership and the Indonesian Government. The West Papuan people have been calling on the international community for years to support such dialogue as a way of solving the many issues of concern in West Papua. We urge the MSG to do all it can to help facilitate such a dialogue.

We note that the MSG recently visited New Caledonia at the invitation of the Front de Libération National Kanak et Socialiste (FLNKS). We encourage the MSG leaders to also pay a fraternal visit to West Papua in a show of solidarity with the Melanesian people of West Papua.

Info. Joe Collins Mob 04077 857 97

————————————-

Open Letter to MSG leaders

22 March 2011

Dear Prime Minister,

The Australia West Papua Association (Sydney), is writing to you concerning the issue of West Papua.[1] The human rights situation in West Papua has continued to deteriorate since the last Melanesian Spearhead Group (MSG) summit with ongoing human rights abuses occurring in the territory. We understand that you are aware of the issues of concern in West Papua including the human rights situation, highlighted in particular by the shocking video footage of West Papuans being tortured by Indonesian soldiers. The torture of the men prompted a wave of international criticism with human rights organisations around the world condemning the actions of the Indonesian military.

We will not go into detail about all the human rights abuses that were committed by the Indonesian military since the last MSG summit. However, the points below show the dangers the West Papuan face on a daily basis.

In October 2010, a report accused the police of burning down the village of Bigiragi in the Puncak Jaya district. The report said that 16 Mobile Brigade officers had burned the village to the ground on October 11. The report said that at least 29 homes were destroyed in the incident leaving at least 150 people homeless

In November an investigative journalist released a secret report by a Kopassus task force which shows a list of West Papuans engaged in human rights work are a target of the Indonesian Special Force Group, Kopassus. The list includes members of civil society organisations, church groups , activists, students and members of the MRP.

In December, cables released by WikiLeaks revealed that in the opinion of US diplomats, they blamed the government in Jakarta for unrest in West Papua According to the leaked US diplomatic cables the US believes that the Indonesian Government is causing unrest in West Papua due to neglect, corruption and human rights abuses.

Also In December the Papua chapter of the National Commission for Human Rights (Komnas HAM) reported a 70 percent increase in the number of cases of violence in Papua, most of which were allegedly committed by security officers. The Jakarta-based Legal Aid Foundation in another report said Indonesian law enforcers routinely torture suspects and convicts to extract confessions or obtain information. The groups report found beatings, intimidation and rape are so commonplace they are considered the norm. It also found that few victims believe they have the right to lodge complaints.

The issue of West Papua will not disappear and AWPA believes that as the situation in West Papua deteriorates further it could lead to instability in the region.

At the coming MSG summit in Fiji AWPA urges the MSG Leaders to discuss the deteriorating human rights situation in West Papua and to make a public statement of concern regarding the human rights situation in the territory.

We note that the MSG is to allow Indonesia to attend as an observer at the MSG summit. AWPA urges the MSG to now offer full membership to the Melanesian people of West Papua, to those representatives of the West Papuan people involved in the independence struggle. A precedent previously given by the MSG to Front de Liberation Nationale Kanak et Socialiste (FLNKS) of Kanaky (New Caledonia).

We believe the MSG can play an important role in helping facilitate dialogue between genuine representatives of the West Papuan leadership and the Indonesian Government. The West Papuan people have been calling on the international community for years to support such dialogue as a way of solving the many issues of concern in West Papua. We urge the MSG to do all it can to help facilitate such a dialogue.

We note that the MSG recently visited New Caledonia at the invitation of the Front de Libération National Kanak et Socialiste (FLNKS) We encourage the MSG leaders to also pay a fraternal visit to West Papua in a show of solidarity with the Melanesian people of West Papua.

Yours sincerely

Joe Collins

AWPA (Sydney)

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Lawyers oppose criminalisation of the nurses in Papua

JUBI, 17 March 2011

A team of ten lawyers acting on behalf of the eight nurses from DokII General Hospital in Jayapura [who are now under arrest] have told the Papuan Provincial Administration that it is not right for the nurses to have been criminalised by the police. It would be far better to enter into dialogue as the way of solving the case.

‘We dont agree with the decision to criminalise the nurses, and we also dont agree with the disruption in healthcare services. We believe that there is space for a dialogue between the governor of Papua, the hospital director and the nurses at the hospital to seek a solution to the case, said Yusman Conoras, one of the ten lawyers.

Another lawyer, Olga Helena Hamadi, said that the nurses had indeed held a demonstration and a strike. These actions had given voice to the feelings of many people. ‘But the issue should be carefully examined in order to understand why they had done these things,’ she said. She said they had taken action because they had not been paid. They had been working hard but their rights had not been respected. She said that the matter should not be handled by the police because it relates to an internal matter which should be resolved with the government and the Papuan legislative assembly.

She warned that the continued detention of the nurses could only further complicate matters and trigger a major problem..

A press release issued by the lawyers expresed deep concern that the issue of the nurses had not yet been resolved. They were also concerned about two decisions taken by the provincial government, namely Decision No 125 concerning the payment of incentives, and then the subsequent decision to cancel the incentive payments.

The lawyers acting for the nurses include Lativa Anum Sireger, Dominggus Frans, Pieter Ell, Olga Helena Hamadi, Corry Silpa, Simon Patirajawane, Eliezer Murafer, Jimm Ell, and Yusman Conoras.

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