Daily Archives: July 13, 2011

AHRC: PAPUA – the military ignores agreed settlement with an assault victim

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-121-2011
12 July 2011

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INDONESIA: The military ignores agreed settlement with an assault victim

ISSUES: Military; indigenous peoples; impunity; threats and intimidation
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Dear friends,

Two members of 756th Wimaneseli infantry battalion of the Indonesian National Military (TNI) in West Papua assaulted and threatened Yani Meage on 31 May, 2011 in the Kurima district, Yahukimo. After a quarrel between the victim and the TNI members, the soldiers threatened and attacked the victim by beating and kicking him which resulted in several injuries. The victim reported this incident with the support of a local NGO. While the deputy post commander (wadanpos) of the 756th Wimaneseli infantry battalion accepted responsibility for the violence in a statement letter, no further action has been taken against the perpetrators to-date. Impunity for military violence is widespread in West Papua.CASE NARRATIVE:At 2:15pm on 31 May, 2011, at the Kali Yeni area, Kurima district, Yahukimo regency in the Papuan highlands, Ms. Kallek Meage was travelling with her children. She asked her brother, Yani Meage (18) to take them home privately to the Kurima district since she could not afford the local motorbike transport service for them that afternoon. A member of 756th Wimaneseli infantry battalion, who was on duty at the Kurima Military Post and who was also using his motorcycle as a commercial transportation business in the Kurima area, saw this and assumed that Yani Meage was also running a motorcycle transport business and would take his potential customer.

The Indonesian National Military (TNI) member went to the victim on his motorcycle and started to argue with Yani Meage. The TNI member then threatened him and started slapping his face.

The TNI member reported the situation to his squad leader, who was nearby. Then both soldiers attacked Mr. Meage. The squad leader punched the victim’s stomach and struck him on the ears and sides of the body. The victim was unable to escape the assault as the TNI member held him. The squad leader continued to kick and punch the victim which resulted in several injuries.

On the following day, Yani Meage reported his incident to JAPH & HAM a local human rights organisation. One of the staff, Mr. Theo Hesegem was advocating this case and the commander of the 756th Battalion (danyon 756) pressured the human rights worker and intimidated him not to take any action regarding this case.

On 12 June 2011, Parloi Pardede, the deputy post commander of the 756th Wimaneseli infantry battalion, and Mr. Meage met for a dialogue at the Okhumiarek Asso hall at the 1702/Jayawijaya military district staff headquarters. Following the discussion the parties came to an agreement and commander Parloi Pardede together with the victim signed an

agreement, which stated 3 following actions:1. The members of the 756th Wimaneseli infantry battalion must be replaced.
2. The members of the 756th Wimaneseli infantry battalion cannot use their motorcycles as a commercial transportation service.
3. The members of the 756th Wimaneseli infantry battalion who conducted the violence must be punished in accordance with law.

The victim also agreed that he would never ask for compensation if the military executed the agreement. After the dialogue, the NGO representative asked to the 756th Wimaneseli infantry battalion commander to inform all parties, including the elders at the Kurima district about the replacement of the members of 756th Wimaneseli infantry battalion. However, to-date there has been no action regarding the execution of this

agreement. The local military also did not give a clear explanation when local NGOs questioned them regarding this case. There is serious concern that the local military will cover up the event without effective remedies being given to the victim. 

BACKGROUND INDORMATION:While the AHRC welcomes the agreement with the military commander, concerns about an effective execution of the agreement remain. The absence of effective justice mechanisms for victims of military violence often leave them with no other choice but to come into non-judicial agreements with the perpetrators. Since Papua took control of Indonesia the Indonesian government largely uses a military approach by reason of upholding state sovereignty and crushing the separatists. The military approach also affects civil society groups and communities who peacefully refuse the Indonesian control of Papua. The military often generalises by labeling Papuans as rebels in order to justify the violence they perpetrate on them. The AHRC notes that patterns of repression are often used by TNI members in Papua which results in a high level of violence.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to a justice process in accordance with international human rightsnorms and receive adequate punishment.
Please be informed that the AHRC is also sending letters on this case to the Special Rapporteur on the rights of indigenous people.

SAMPLE LETTER:Dear _____,

INDONESIA: Military did tot take action regarding the settlement of military’s assaultName of the victim: Yani Meage (18)
Alleged perpetrators: The two members of 756th Wimaneseli infantry battalion who conducted the violence against Yani Meage
Date of incident: 31 May 2011
Place of incident: Kali Yeni area, Kurima district, Yahukimo regency, West PapuaI am writing to express my serious concern regarding the execution of the statement letter agreed upon by Parloi Pardede, the deputy post commander of 756th Wimaneseli infantry battalion regarding the settlement of the assault against Yani Meage by members of the TNI.

According to the information that I have received from Asian Human Rights Commission (AHRC), at 2:15 pm on 31 May, 2011, at the Kali Yeni area, Kurima district, Yahukimo regency in the Papuan highlands, Ms. Kallek Meage was travelling with her children. She asked her brother, Yani Meage (18) to take them home privately to the Kurima district since she could not afford the local motorbike transport service for them that afternoon. A member of 756th Wimaneseli infantry battalion, who was on duty at the Kurima Military Post and who was also using his motorcycle as a commercial transportation business in the Kurima area, saw this and assumed that Yani Meage was also running a motorcycle transport business and would take his potential customer

I am also informed that the Indonesian National Military (TNI) member went to the victim on his motorcycle and started to argue with Yani Meage. The TNI member then threatened him and started slapping his face.

I know that the TNI member reported the situation to his squad leader, who was nearby. Then both soldiers attacked Mr. Meage. The squad leader punched the victim’s stomach and struck him on the ears and sides of the body. The victim was unable to escape the assault as the TNI member held him. The squad leader continued to kick and punch the victim which resulted in several injuries.

I also wish to point out that the 756th battalion commander (danyon 756) attempted to pressurise Mr. Theo Hesegem, a staff member of the JAPH & HAM, the local human rights organisation who was advocating this case. The 756th battalion commander later called Mr. Hesegem and intimidated him not to take any action regarding this case.

I have also heard that on 12 June 2011 Parloi Pardede, the deputy post commander (wadanpos) of 756th Wimaneseli infantry battalion, and Mr. Meage met for a dialogue at the Okhumiarek Asso hall at the 1702/Jayawijaya military district staff headquarters. Following the discussion the parties came to an agreement. The deputy post commander together with the victim signed an agreement, which stated 3 following actions:

1. The members of the 756th Wimaneseli infantry battalion must be replaced.
2. The members of the 756th Wimaneseli infantry battalion cannot use their motorcycles as a commercial transportation service.
3. The members of the 756th Wimaneseli infantry battalion who conducted the violence must be punished in accordance with law.

The agreement is available at

http://www.humanrights.asia/news/urgent-appeals/pdf/AHRC-UAC-121-2011-01.pdf.I also realized that the victim also agreed that he would never ask for compensation if the military executed the agreement. After the dialogue, the NGO representative asked to the 756th Wimaneseli infantry battalion commander to inform all parties, including the elders at the Kurima district about the replacement of the members of 756th Wimaneseli infantry battalion. However, to-date there has been no action regarding the execution of this agreement. The local military also did not give a clear explanation when local NGOs questioned them regarding this case. There is serious concern that the local military will cover up the event without effective remedies being given to the victim.

So far, I am not aware of any action conducted regarding the execution of agreement stated in the letter. I urge you to seriously look into the victim’s allegations and take appropriate action against those found responsible. Appropriate action must also be taken against the authorities who–as far as I am aware–have continued to fail in taking intervention for the victim’s plight. We also urge you to give protection and security to Mr. Hesegem, one of the human rights defenders who is advocating this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777, 3503088
Fax: +62 21 3442223

2. Adm. Agus Suhartono
Headquarter
Tentara Nasional Indonesia (TNI)
Jakarta
INDONESIA
Tel: +62 21 8459-1244, 8459-1243
Fax: +62 21 845-6805

3. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 5715518
Fax: +62 21 5715523

4. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095

5. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

6. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (

ua@ahrc.asia)

Plea for help from Puncak Jaya against TNI military operations

(FORWARDING ON)
(Please note: By republishing this plea for help, West Papua Media does not necessarily explicitly endorse the call for arms.  We believe the situation would be far better served by allowing international journalists, and UN peacekeepers to be sent into this area to prevent this carnage.  However, in the absence of this, all peoples have the right to self-defence and self-determination, and therefore we cannot oppose the legitimate calls to assist in self-defence).
Report from Piron Moribnak
ARMY’S SOCIALISING PROGRAMME IS BEING USED TO CRUSH TPN/OPM LED BY GOLIAT TABUNI IN PUNCAK JAYA

The doubts of  people living in the central highlands about a socialising programme  launched by the commander of Cenderawasih Military Command/XVII to create harmony which has been under way since 2 May 2011 have been confirmed. The programme is nothing more than a shield which became clear when troops involved in the socialising programme suddenly halted these activities and started to conduct sweepings as part of a military operation.

Since 6 – 8 July, fully armed troops have surrounded the headquarters of the TPN/OPM under the command of General Goliat Tabuni in Tingginambut and a battle has been raging since 5 July during which three TNI soldiers were shot in Kalome, district of Tingginambut, and were flown by helicopter to Jayapura.

The TNI’s programme to build houses for the local people and to give sermons at prayer meetings on Sundays as well as to carry out mass medical treatment for local communities  has failed to win the support of the local communities. They have rejected TNI sermons in the churches, while the offer of medical treatment has failed to persuade the local people to get medical treatment free of charge . On the contrary, the local people have chosen to remain silent and have fled from locations where mass medical treatment is on offer. This is because the Papuan people living in Puncak Jaya regard the military as murderers of the Papuan people and have refused to accept these military programmes.

The army’s socialising programme in Puncak Jaya is nothing but a shield and a cover-up of the violation of human rights at a time when human rights are of paramount importance throughout the world.

The TNI is concealing its plan to crush General Goliat Tabuni by means of military operations so as to enable them to counter our doubts about these socialising activities because we have been disrupted and have taken measures to protect ourselves.

It is an irony that we Papuan people do not possess the means to resist the TNI which has all the necessary equipment whereas Goliat Tabuni has nothing more than a few of weapons, making it very difficult for him to mount a proportionate response . Is there a country anywhere in the world that is willing to supply military weapons to Goliath Tabuni to make it possible for him to make a proportionate response?  … if General Goliat is forced to end his struggle … at the hands of the TNI?   [/Several gaps in this sentence make it difficult to decipher the precise meaning. TAPOL/]

We pray that there is nowhere in the world for their protection and that Almighty God will protect us.

This is our response to the call by the chief of police in Puncak Jaya  via the intermediary of the head of the district of Mulia  for the local people to halt all their activities from 8 July and to remain in their homes from 6pm every evening.

NOTE: General Goliat Tabuni  is now seriously cornered because of his lack of weapons and we call for the prayers of the Papuan people everywhere in the fight against the NKRI military and for strength from the Almighty God.

[Translated by TAPOL]