Law student says that Papuans don’t feel safe anywhere

JUBI, 21 June, 2012

A Papuan who is currently studying law in Jayapura said that because of all the vertical and horizontal (conflict) problems, the Papuan people cannot feel safe anywhere in their homeland which is now under Indonesian control.Sani Dominggus said : There is nowhere here where Papuans can feel safe, whether they are intellectuals or wealthy people, they are always regarded with suspicion.’

He said that the fact is that the security forces in Papua always treat Papuan people without the slightest sense of humanity and always handle them with the use of their firearms. ‘None of the personnel of the security forces behave towards Papuan people along ethical lines. All they do is shoot people.’

He said that this system of extreme repression has resulted in Papuan people never feeling safe. ‘How do they think we can live like this? Even when I just want to go for  a walk,  I dont feel that it is safe to do so There is always the feeling of being under threat.’

A clear example of this is that Mako Tabuni was unaccountably shot by the police. ‘How can the police say that he resisted the police? There were no plans to hold a demonstration, so why was he shot?’

‘If Mako Tabuni was regarded as a threat to the Indonesian state, the government should have used legal procedures. This would mean that he is sent a summons, then a second summons, and then a third one.But none of this happened. This means that when the police shot him dead, this was a gross violation.  of human rights.’

He went on to say that the arrest of Buchtar Tabuni did not occurr in conformity with legal procedures. The way the police behave has nothing to do with ethics, all they know is how act with brutality.towards everything that happens in Papua.’

He said that this will never help to solve the Papuan problem. ‘Everything that the government does only reinforces the independence aspirations of the Papuan people.’

‘The murder of Mako will only result in the emergence of more Makos,’ he said. He also said that the government should be putting into  practice the provisions of the Law on Special Autonomy for Papua such as for instance Article 2 which provides for regional symbols and for the existence of local political parties.’

[Translated by TAPOL]

KONTRAS: Torture Increased Drastically! A Report on the Practice of Torture in Indonesia

http://www.kontras.org/eng/index.php?hal=siaran_pers&id=160

PRESS RELEASE:

KONTRAS
Torture Increased Drastically!
A Report on the Practice of Torture in Indonesia
International Day in Support of Victims of Torture 2012

Commemorating the International Day in Support of Victims of Torture (June 26), the Commission for the Disappeared and Victims of Violence (KontraS) released its annual report entitled, “Torture Increased Drastically!” This report is excerpted from the various incidents of torture that have raised the public attention (both nationally and internationally) from July 2011 to June 2012, particularly the elaboration of numerous reports on complaints of torture that were directly handled by KontraS. This report is KontraS evaluation of the situation of torture that continues to use the assessment framework used by the Committee against Torture and the mechanisms under the UN Human Rights Council (either by the Special Rapporteur Against Torture as well as through the Second Cycle of Universal Periodic Review session on May 23 2012).

Contrast notes that there are numerous state policies that facilitate the practice of torture. Although in fact, the State should be able to accommodate the policies preventing or reducing the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators because there is a revision of the Criminal Code and Criminal Procedure Code has been entered in the program even though the national legislation (Prolegnas) 2010-2014

– Continue maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, in the last year there were six new death row decided by the court
– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. In the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

KontraS notes several state policies that facilitate the practice of torture. Although in fact, the State should also be able to accommodate the policies that should prevent or reduce the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators due to the absence of a revision of the Criminal Code and Penal Code, despite both codes having been included within the national legislation program (Prolegnas) 2010-2014

– The maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, within the last year there were six new death rows decided by the court.

– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) and is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. Within the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

– Still relying on internal accountability mechanisms to prosecute acts of torture. The practice of torture is still an issue of impunity because the punishment mechanism is still very dependent on the internal mechanism, both within the Military and the Police that as a cause has negated the deterrent effect. It is therefore important to ensure the existence of various state institutions that have the authority to conduct an independent investigation (independent external oversight body) against the allegations of torture and begin to identify the names of the perpetrators held responsible.

– Ratification of the State Intelligence Law is deemed potential to open room for the use of torture, particulatly Law on National Intelligence No.17/2011. This Act directly authorizes a special form of extracting information to the intelligence apparatus. Extracting information will be applied to the targets associated with the interests and activities that threaten national security, especially terrorism and separatism, which is known widely growing in several regions in Indonesia.

Based on KontraS’s monitoring, for the period of July 2011 – June 2012, there has been a tremendous surge in allegations of torture. In the period July 2010 – June 2011, KontraS noted that there were 28 events alleged torture with a number of victims of 49 people, while during the period of July 2011 – June 2012 there were 86 allegations of torture with the number of cases of 243 victims. Meanwhile, for the categories of alleged perpetrators of this period a number of police officers were alleged for 14 cases, 60 cases by military officers and prison guards as much as 12 cases. For this period, there is a region where the alleged torture occurred relatively large that is the area of ​​Papua. For the past year, the security situation and the intensity of violence in Papua are very problematic.

Table of Torture
June 2010-July 2011 and June 2011-July 2012
Perpetrator
Year 2011
Year 2012
Victims
Cases
Victims
Cases
Police
31
21
118
60
Military
18
7
64
14
Warden
61
12
49
28
243
86

From the table above, several hypotheses that can be taken are: First, there has been a number of victims and the alleged use of torture that is so prominent in Papua when compared with other regions. There are 11 torture cases and 98 victims in Papua. The number of allegations of torture in Papua is strongly correlated with the warming of the political situation and the increasing intensity of violence in general in there for the past year. The victims generally are indigenous Papuans and consider them to be victims of false arrest and arbitrary detention by security forces. This reinforces the stigmatization and discrimination against people of Papua up to the criminalization of them.

Second, the practice of torture generally occurs in situations where the victims were so helpless against the perpetrators; common situation happens where the detention rooms are closed. The situation becomes worse when the victim is merely an ordinary citizen, who was suspected of a crime- representing the structure of the lower class. This also occurs in Indonesia where most of the alleged victims of torture are criminal suspects or convicts who came from the laity group (the enemy of public opinion such as terrorists, drug dealers, separatist, and others) and is often not accompanied by a legal representative. Until now, KontraS monitoring report has not found the alleged practice of torture against perpetrators of corruption that generally are state officials or wealthy businessmen.

This situation confirms the importance of the immediate need to stop the acts of torture as well as create rules that can prevent the occurrence of torture. Based on the above mentioned points, KontraS recommends that:

– The Government and the Parliament should speed up the discussion of the Penal Code and Criminal Procedure Amendment Bill, or prepare a separate bill against Torture. It is intended to answer the urgent need for regulation to efforts to criminalize acts of torture;
– Relevant state institutions such as the Military, Police, and Ministry of Justice and Human Rights (which oversees the prison system and prisoners in Indonesia) to ensure the maximum punishment to the offender to provide a deterrent effect and implement a mechanism for internally vetting for officials, officers, or officers who conduct, give commands, or fail to prevent the practice of torture;

– State institution which has a mandate to monitor or control functions that are independent (independent external oversight bodies), such as the National Human Rights Commission, Ombudsman, or Kompolnas should also apply a vetting mechanism to narrow the room of action for perpetrators of torture;

– The Government should be able to stop the practice of torture based on the pattern of stigmatization and discrimination that are occurring in Papua, given the sharp rise of torture in the region that is able to aggravate the problematic situation in Papua;

– The Government and Parliament to take immediate ratification of the Convention on the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture;

– Government and Parliament to review the various state policies that facilitate the practice of torture and other cruel, inhuman, or degrading treatment.

Jakarta, 22 June 2012
Working Committee,

Indria Fernida Papang Hidayat
Deputy Coordinator I Head of the Research Bureau
(+62816.146.6341) (+62812.959.8680)
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Kontras believe there is speculation around the shooting of Mako Tabuni

Bintang Papua, 20 June 2012

Kontras Papua, SKPKC and BUK believe that there has been speculation about the killing of Mako Tabuni on 14 June. Mako Tabuni was shot by police from the Papua regional police in the Perumnas III Waena area. KontraS Papua said that the shooting was carried out not only by the regional police, but there was also involvement of Special Detachment 88 Anti-terror Police (Densus 88) who are suspected of carrying out undercover activities in Papua. Kontras and SKPKC have already gathered a number of facts from the field, including meeting a number of witnesses who directly saw the shooting of Mako Tabuni. The witnesses in question stated that the deceased, Mako Tabuni, was shot whilst he was standing eating betel nut in front of a kiosk in Perumnas III Waena, when the first black Avanza car drew up, followed by a Silver Avanza and a blue Daihatsu. A person got out of the blue Daihatsu and immediately shot Mako Tabuni to death on the spot. After shooting him dead, Mako was rushed to the Bhayangkara Hospital in Kotaraja. The question is why did the police take Mako to the Bhayangkara Hospital after shooting him, when in Waena, Dian Harapan Hospital is closer to the scene of the incident? Furthermore, Mako was shot and brought to Bhayangkara Hospital without the knowledge of his family, and during the journey he lost a lot of blood. This raises the suspicion that the police quickly used formalin, so that once Mako’s family requested an autopsy, the medical team at Bhayangkara Hospital could say that it was not possible to do an autopsy because he had already been formalined. Kontras Papua, represented by Peneas Lokbere, said that the actions of the police in shooting Mako Tabuni showed that the police were incapable of acting professionally to announce who was responsible for the acts of violence and human rights violations which had happened recently. “We condemn the perpetrator, the person who ordered the killing, and all those involved in the shooting of Mako Tabuni,” he said.

According to Peneas, Mako Tabuni did not behave like someone involved in violent shootings, and throughout the shootings he had been going about his normal activities, going out of his house as usual, and going to campus. “He’s a genuine guy, he didn’t do anything,” added Peneas. It was said that the Papua regional police are telling a lot of lies in public during the aftermath of the shooting of Mako Tabuni.

Kontras and SKPKC said that the shooting of Mako Tabuni should receive the attention of the president of the Republic of Indonesia, and the president must withdraw all troops from the land of Papua – both organic and non-organic – and stop trying to rationalise the numbers of military and police in Papua.

Because the shooting of Mako Tabuni was carried out by the Papua regional police, the Provincial Head of Police in Papua must end the sweepings, arrests, attacks and criminalisation of students, and stop seizing items from them, such as laptops which contain their theses, mobile phones, and other items which have been seized from student dormitories.

The Provincial Head of Police must also stop sweepings of civilians and form an independent team to investigate the shootings in the land of Papua, including the murder of Mako Tabuni. Peneas and two staff from SKPKC – Bernand and Frans Making – called on the Head of Police to stop all efforts to destroy and scapegoat the pure struggle of Papuans to demand justice and truth, in accordance with criminal law, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights. (Ven/don/I03).

Translated by TAPOL

Australia must show leadership on West Papua: Speech by Senator Richard Di Natale in Australian Parliament

From the Hansard, 20 June 2012. 

MATTERS OF PUBLIC INTEREST – West Papua

Senator DI NATALE (Victoria) (13:17): I rise today to express my grave concerns about a tragic situation that is unfolding on Australia’s doorstep at this very moment. I speak of the issue of West Papua, where alarming abuses of human and democratic rights are occurring. It appears that there has been a significant escalation in politically motivated violence over the past month. So it is timely to reflect on what is happening in a place that is one of our closest neighbours and the role we can play in ending the conflict and protecting the rights of the people who live there.

West Papua presents a challenge for Australian diplomacy and for the global community. It is a challenge that this nation and indeed the world is yet to meet. Although it is the world’s second largest island, New Guinea is a part of the world that rarely makes the nightly news. The western half of the island is West Papua. The situation faced by its people is something that deserves our urgent attention.

West Papua was one of the last parts of Asia to be decolonised. The Dutch retained control of the region when Indonesia gained its independence in 1949. The Netherlands took steps to prepare the territory for independence, which included the development of a national anthem and a national flag, called the Morning Star. Sadly, this independence was not to be. Indonesia had always claimed the province, and conflict between the Netherlands and Indonesia over West Papua resulted in armed conflict in 1961. In 1963 the New York agreement passed administration of West Papua over to Indonesia. West Papua was formally annexed to Indonesia in 1969, following what was then called the Act of Free Choice. Papuans call this the ‘Act of No Choice’. A true act of self-determination should have occurred, but it did not. The Papuans were denied their chance to vote on their future. Instead, there was an atmosphere of violence and intimidation, with 1,022 hand-picked Papuans assembled, cajoled, bribed and threatened into voting to become part of the Republic of Indonesia.

I am sorry to say that the people of West Papua have been waiting ever since for the chance to express their desires to chart their own future. Self-determination, a right belonging to all people, was denied to them. Indonesia fought long and hard for its own independence, so the Indonesians do understand the desire for self-determination. Indeed, they would consider themselves as the liberators of West Papua from colonial rule, which in my view is a sad irony, when we consider what has happened there since 1969.

The people of West Papua are Melanesian. They are ethnically, linguistically and culturally distinct from the majority of Indonesians. They are ruled from Jakarta by a government that often seems more interested in their resources and in what can be gained from the region than in their welfare. They have had to endure a new form of colonisation, and Melanesian Papuans are already a minority in some parts of West Papua. In fact, they may soon be a minority in the province as a whole if current trends continue. Papuans now face the outrage of being discriminated against in their own land, with the public service, business elites and security forces now dominated by non-indigenous Papuans.

The Papuans must watch powerlessly as their land is exploited. The Grasberg gold and copper mine, the world’s largest, is an environmental disaster but provides very few benefits to the people of West Papua. The Papuans have to watch as their land is patrolled by the Indonesian army. They are nominally Indonesian citizens, yet the army is not there to defend their rights—in fact, in many cases quite the opposite occurs. The results are as predictable as they are tragic. Tension grows daily, ethnic division is rife, oppression leads to violence and the Papuan desire for the right to choose their own future has never been stronger.

In October last year, the Third Papuan People’s Congress was held in Jayapura. Five thousand Papuans attended to have a say on their future, and it was a peaceful gathering. The right to gather and discuss their future is guaranteed by the Indonesian constitution, yet the meeting was disrupted by a military crackdown. At least three people were killed. Five leaders were arrested and have since been jailed for three years. There was not a word of protest from the Australian government.

Since then, the situation has worsened. In the past two to three weeks, there have been shootings, killings and military violence in Jayapura. There have been a number of separate attacks, with several people having been shot or stabbed. The accounts filtering through indicate that no arrests have been made. Police and the military blame Papuan separatists, but human rights defenders in Papua point the finger squarely at Indonesian security forces. The perpetrators of this violence must be identified through a transparent process.

We have also heard reports of Indonesian security forces sweeping the Papuan highland town of Wamena. They have caused at least two deaths, injured at least 11 people and torched at least 70 houses. This was apparently retaliatory action—police were retaliating for the killing of one of their officers by Papuans. The killing of the police officer, however, was prompted by his killing, on his motorbike, of a Papuan child. Unless those inflicting violence are held accountable, this cycle of violence will continue and worsen.

We have now heard news of Papuan leader Mako Tabuni being shot and killed by police on Thursday last week. He was walking on the street near a housing complex in a suburb of Jayapura. Mako Tabuni was the deputy of the KNPB, a group which has called for a referendum on Papuan self-determination and a movement which has publicly identified itself as a peaceful one. The Australian Greens are deeply saddened to hear of the killing of Mako Tabuni. We extend our condolences to Mako Tabuni’s family and we confirm our solidarity with the people of West Papua whose human and democratic rights continue to be violated.

Police say Mako Tabuni was resisting arrest and armed with a weapon he had taken from his arresters, but eyewitness accounts say that Tabuni, as he walked by alone, was suddenly and unexpectedly shot by a gunman in one of several cars on the street. Tabuni’s killing prompted angry scenes in Jayapura as Papuans protested his death. All of this has been taking place while many Papuans languish as political prisoners in Indonesian prisons, charged with treason for raising their flag, singing their traditional songs or expressing their political views. One example is Filep Karma, who has been in prison for over a decade for doing nothing more than peacefully protesting. I again call on the government to urge our Indonesian neighbours to take action to ensure that democracy and human rights are upheld in this region.

It has been a bloody few weeks in West Papua, adding to the horror experienced by the West Papuan people over many decades of Indonesian rule over their lands. Australians are now becoming more aware of these atrocities being committed on their doorstep. They know what happened in East Timor under Indonesian rule and they know that we, as a nation, cannot sit idly by while it occurs again in West Papua.

There is a petition due to be tabled next week in the House of Representatives, brought to the parliament by a community activist group based in my home state of Victoria and signed by more than 3,000 Australians. It calls on the Australian government to request that the United Nations review the New York agreement of 1962 and the 1969 Act of Free Choice and conduct a genuine, UN monitored referendum on self-determination in which all adult West Papuans are allowed to vote without duress. The petition also calls on the House of Representatives to stop all Australian financial support to and training of Indonesian military and security personnel until human rights abuses by military and security personnel in West Papua cease. It asks elected representatives to request the Indonesian government to remove the media blockade and allow international journalists free access to West Papua.

I have spoken before in the parliament about the desire of the Greens to see West Papuans free to express their political views without fear of persecution. But this freedom will not be realised until there is more international scrutiny. It is absolutely paramount that the region is opened up to journalists, who must be free to visit and report on the situation on the ground. The story of the West Papuans must be told. The truth must be told. Human rights organisations must also be allowed into the region. Until this scrutiny is applied, all we have to assure us that illegal acts are not occurring are the assertions of local authorities. It would not be wise, given the history, to take these assertions at face value.

I will continue to advocate for the human rights of one of our nearest neighbours until we see this important change. People should never feel the threat of violence or death simply for expressing their political views. We must advocate for a new dialogue between the Indonesian government and the representatives of the Papuan people. While in theory West Papua has special autonomy, this has failed the West Papuan people. It is time to start discussions afresh.

It is worth noting that Indonesia recently underwent its UN periodic review, a human rights review which occurs for UN member states every four years. This was an opportunity for fellow UN member states to make observations and recommendations about the human rights record of Indonesia. The review was held on 23 May and the Indonesian government accepted 180 recommendations from 74 countries. Indonesia adopted 144 of these, with the remainder to be brought back to Indonesia to be considered and decided upon in September 2012 during the 21st session of the UN Human Rights Council. Of the recommendations yet to be adopted, it remains to be seen whether Indonesia will address those relating to the protection of human rights defenders. It has been called on to free those people detained for peaceful political protests. It is unacceptable that someone like Filep Karma be detained for decades simply for expressing a right that all of us should be granted.

Among the remaining items that Indonesia has taken home to discuss, it has also recommended that they address issues of impunity and immediately take action on reports of human rights violations committed by the military and by police, particularly in Papua. I will be watching those responses with interest.

Beyond the UN periodic review, the world will be watching West Papua. There is new scrutiny on this region, with new technologies now enabling Papuans to convey messages, photos and video to the outside world. They are sharing their experiences of brutality and conflict despite the restrictions that prevent outside journalists from reporting in the region.

Here in Australia a group of young West Papuan activists are using online media and music to create awareness of the oppression their families are experiencing back home. I have met with many members of this group. In fact, I enjoyed their music. A group called the Rize of the Morning Star deserve to be commended for their advocacy and activism on this hugely important issue. It is a project that is capturing the hearts and minds of many Australians through music, telling the traditional stories of West Papua and asking us all to sit up and listen to what is happening in the region.

The petition that will be tabled next week is a notice to this parliament that thousands of Australians are outraged at the human rights abuses occurring in West Papua. I urge the foreign minister, Minister Carr, to take the concerns of these Australians to his Indonesian counterpart. I am also pleased that with several of my colleagues I will be inviting all members of this 43rd Parliament to join us in establishing a parliamentary friends of West Papua group. It will be an opportunity for us to collaborate across party lines on the complex issues facing our neighbours.

West Papua is a chance for Australia to show real leadership. It is a chance for us to show that we will stand up for the values of peace and democracy we so readily espouse. We can argue for a peaceful and optimistic future for Papua and remain a good friend of Indonesia. But it starts with facing the truth. We must face this truth before more blood is spilt.

SKY NEWS LATE AGENDA: In Depth Discussion on West Papua.

Sky News (Australia) special in depth discussion panel on the developing situation, military atrocities and intensification of resistance  in West Papua.  June 18, with Australian Greens Senator Richard Di Natale, West Papuan musician and activist Ronny Kareni, and Professor Peter King of the West Papua Project at Sydney University’s Centre for Peace and Conflict Studies.

with thanks to the team at Sky News for putting this together and allowing us to syndicate.

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