Statement of deep concern by Coalition of Human Rights Defenders in Papua

Bintang  Papua, 17 June 2011Human rights defenders in Papua very worried

Acts of violence and terror that have been perpetrated against human rights defenders as well as against journalists have led to a  sense of deep concern among human rights NGOs and religious organisations which are members of the Coalition of Human Rights Defenders in the Land of  Papua

The following NGOs held a press conference in Jayapura  on Friday 17 June, to convey their problems:

KomnasHAM- Papua, the Synod of the Kingmi Church in Papua, the Synod of the Baptist Church in Papua, Foker NGO (NGO Working Group) Papua, Kontras Papua, LBH – Legal Aid Institute in Papua, and BUK, United for Truth.

Foremost among the agencies criticised was the TNI, the Indonesian army whose members were involved in a number of acts of violence. They drew attention in particulate to five incidents that had occurred during the past five months in which members of the TNI were involved:

‘Up to June this year, there have been at least five incidents which reflect the  arrogance and random actions perpetrated by members of the TNI,’ said Olga Hamadi, the co-ordinator of Kontras Papua. Others present at the press conference included the Rev. Benny Giay, chairman of the Synod of the Kingmi Church in the Land of Papua, Mathius Murib, representative of Komnas HAM-Papua, Eliezer M, LBH-Papua, Julian Howay of the ALDP, and a number of human rights activists.

They said that the much-vaunted  reforms within the TNI were rarely reflected in the activities of members of the TNI on the ground. ‘Is this what the commander of the TNI was praising so profusely during his recent visit to Papua,’ wondered Rev Giay.

Mathius Murib  said that the incident that occurred in Puncak Jaya a few months ago had drawn a great deal of public attention, nationally as well as internationally. [This refers to the acts of torture against Papuans that were circulated by video.]

‘All their talk about Love and Peace is far from been applied by members of the security forces on the ground. Isn’t it time for them to change their tune?’

They said that the continued occurrence of acts of violence and intimidation by members of the TNI is a clear indication that no actions have been taken against members of the TNI who have violated the law.

‘We are concerned about the impact this is having on the reputation of the Indonesian state and wonder  what is being done to protect the rights of human rights defenders,’ said Olga Hamadi.

She said that in cases where members of the TNI had been involved in acts of violence, all that had happened was that they had been moved sideways. ‘Or, in those instances where they had been taken to court, they had appeared before a military tribunal and the verdicts were often unclear or had had little if any effect.,’ said Peneas Lokbere, co-ordinator of BUK.

The Coalition of Human Rights Defenders in the Land of Papua therefore issued the following statement:

1. Protection is needed for human rights defenders in Papua in carrying out their humanitarian activities throughout the Land of Papua. Such protection can be provided by the introduction of a special law, while at the same time setting up an independent commission at state level for the purpose of monitoring and advocacy as well as taking sanctions against those individuals who commit violence against human rights defenders.

2. As a short-term measure, we regard it as important to set up a special bureau within Komnas HAM to focus on the protection of human rights defenders.

3. In view the many acts of intimidation and violence perpetrated by members of the armed forces, we urge the military commander of  Cenderawasih XVII military command  to take firm measures in the law courts and administration against all violations perpetrated by members of the TNI on the ground.

4. To provide moral guidance  to all officers of the armed forces  as well as disseminate an understanding of human rights so as to ensure that acts of violence  perpetrated by members of the armed forces are not committed against civil society or against human rights defenders in the Land of Papua.

[Translated by TAPOL]

Amnesty:URGENT ACTION PAPUAN ACTIVIST AT RISK FOLLOWING BEATING

UA: 188/11 Index: ASA 21/014/2011 Indonesia Date: 17 June 2011

URGENT ACTION

PAPUAN ACTIVIST AT RISK FOLLOWING BEATING

Yones Douw, a human rights activist in the Indonesian province of Papua, was beaten by military officers on 15 June and has been denied medical treatment. He fears for his health and safety, as he has previously been detained and assaulted as a result of his human rights activities.

A protest took place at the 1705 District Military Command (Kodim) base in Nabire, Papua province, on the morning of 15 June, to call for accountability for the stabbing and killing of Papuan Derek Adii on 14 May 2011, reportedly by military officers from the 1705 District Military Command. At about 9am on 15 June, Yones Douw , a 42-year-old human rights activist, heard that a protest, which included family members of Derek Adii, was about to take place, and he went to the base to monitor it. Thirty minutes after he arrived, a group of protesters turned up in three trucks, broke into the front entrance of the base and started to shatter the windows and throw objects. Yones Douw immediately rushed into the base to calm the protesters.

In response, the military fired shots into the air and started hitting the protesters. Yones Douw was struck on the head with pieces of wood many times. He also sustained injuries on his shoulder and wrists from the beatings. As he was beaten he heard the military threaten to shoot the protesters saying “these animals should be taught a lesson”. A military officer also hit the father of Derek Adii, Damas Adii, with a piece of wood. After the beatings, Yones Douw travelled to the Siriwini hospital for treatment and to obtain a medical report, but was told by medical staff that he required a letter from the police before they could treat him. He then decided to go home and is still suffering from the injuries. He fears for his health and safety.

Yones Douw is a respected human rights activist in Papua and has been documenting human rights violations by the police and military over the last decade.

PLEASE WRITE IMMEDIATELY in Indonesian, English or your own language:

– Urging the authorities to take immediate action to ensure the safety of Yones Douw, in accordance with his wishes, and ensure his immediate access to medical care;

– Calling for an immediate, effective and impartial investigation into the beatings and the threats against Yones Douw, with the results made public and those responsible brought to justice in fair trials;

– Calling on the authorities to initiate an independent investigation into the possible unlawful killing of Derek Adii, and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and

– Calling on the authorities to ensure that all members of the police and military are made aware of the legitimate role of human rights defenders and their responsibility to protect them, as set out in the UN Declaration on Human Rights Defenders.

PLEASE SEND APPEALS BEFORE 29 JULY 2011 TO:

Minister of Justice and Human Right s

Patrialis Akbar

Ministry of Justice and Human Rights

Jl. H.R. Rasuna Said Kav No. 4-5

Kuningan, Jakarta Selatan 12950

Indonesia

Fax: +62 21 525 3095

Salutation: Dear Minister

Chairperson National Human Rights Commission (Komnas HAM)

Ifdhal Kasim

Jl Latuharhary

No.4 Menteng Jakarta Pusat

10310, Indonesia

Fax: +62 21 39 25 227

Salutation: Dear Ifdhal Kasim

Papua Police Chief

Inspektur Jenderal Bekto Suprapto

Papua Regional Head of Police (Kapolda)

Jl. Samratulangi No. 8 Jayapura,

Papua, Indonesia

Fax: +62 967 533763

Salutation: Dear Kapolda

Also send copies to diplomatic representatives accredited to your country. Please check with your section office if sending appeals after the above date.

Additional Information

In January 2009, police officers kicked and punched Yones Douw during his arrest, after he attempted to intervene to stop clashes between police and demonstrators in Nabire. He and seven other demonstrators were denied access to the outside world and he was deprived of food and drinking water during his one day detention.

In recent years, there have been a number of cases of intimidation and attacks against human rights defenders and journalists in Indonesia, and human rights defenders are regularly intimidated and harassed in Papua. International human rights observers, non-governmental organizations and journalists are severely restricted in their work there.

Amnesty International continues to receive credible reports of human rights violations by the security forces in Indonesia, including torture and other ill-treatment and the unnecessary and excessive use of force. There are often no independent investigations into allegations of human rights violations, and those responsible are rarely brought to account before an independent court. In January 2011 three soldiers who had been filmed kicking and abusing Papuans were sentenced by a Military Court to between eight and 10 months’ imprisonment for disobeying orders. The fact that the victims were not able to testify because of the lack of adequate safety guarantees raised serious concerns about the trial process. Amnesty International believes that the civilian courts are much more likely to ensure both prosecutions for crimes involving human rights violations and protection for witnesses than the military system, which is unlikely to be impartial and independent.

While Amnesty International acknowledges the difficulties faced by security forces in Indonesia, especially when confronted with violence, the power to use force given to security forces is restricted by relevant international human rights law and standards, the basis of which is the right to life. The Indonesian authorities must ensure prompt, independent and impartial investigations into all credible allegations of human rights violations by the security forces. Those found responsible, including persons with command responsibility, should be prosecuted in proceedings which meet international standards of fairness, and victims provided with reparations.

UA: 188/11 Index: ASA 21/014/2011 Issue Date: 17 June 2011

Seven more Papuans facing charges of makar

According to two reports in the tabloid, JUBI on 16 June 2011, there are seven Papuans currently on trial on charges of makar – subversion. In all these cases, the allegations relate to their participation in an event to commemorate the anniversary of the independence of the West Melanesian Republic on 14 December 2010 and their holding aloft the 14-star flag of the West Melanesian Republic. [This is not the Morning Star flag – the kejora – which is also frequently unfurled at peaceful demonstrations in Papua and has landed numerous Papuans in prison over many years.]

The first report relates to the trial of five students of UNIPA – State University of Papua. The five students are Jhon Raweyai, Yance Sekenyap, Penehas Sorongan, Alex Duwiri and Jhon Wilson Wader, whose ordeal in court has now entered its second hearing.

At this hearing, the defendants and their team of lawyers were given the opportunity to submit their demurrers challenging the court’s right to proceed with the trial. Their lawyer Simon Riziard Banundi said that he had submitted two demurrers as the five students were being tried in two groups.

The trial of the two other Papuans on charges of subversion was unable to proceed because three expert witnesses who had been called by the prosecution had failed to appear as promised. These two men, Melkianus Bleskadit and Dance Yenu are also being defended by Simon Riziard Banundi. Banundi sought clarification at the hearing about whether indeed the witnesses had been summoned as the prosecutors had failed to present copies of the summons sent to them. One of the witnesses was said to be ill while no explanation was given about the absence of the other two.

Open Letter – FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A Open Letter

 

To the Government of Indonesia, Indonesian Youth Activists, Indonesian Human Rights Defenders and Organisations, and the People of West Papua. 

RE: FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A collection Youth/Human Rights Organisations and Advocates based in Fiji (and across Oceania) are concerned with the continued suppression of witnesses and the media regarding the imprisonment and secret court proceedings surrounding the arrest of 5 youth activists arrested on December 17th 2010 for raising the West Papua Liberation Flag.

Five youth activists Jhon Wenda, George Rawiay, Benha Supanga, Alex Duwe, and Iyance have been charged under Article 106 and 110 of the Indonesian Criminal Code.

Some 200 people took part in a peaceful ceremony outside Manokwari in December 2010, during which the Morning Star flag, a symbol of Papuan independence, was raised in commemoration of the declaration of Papuan independence in 1962.  When the flag was raised, Indonesian Military advanced on the crowd, firing shots and beating people with batons.

We have been advised by colleagues within the West Papua Liberation Movement that the health of these 5 youth activist and safety after been detained since December 2010 is of serious concern. They also noted the media censorship on the case and how many witnesses are afraid to testify because of further repression. We have also been told that a heighten sense of fear has been fueled by the continued presence of a 1000 plus military presence in the province of Manokwari that were ordered into the area.

Human Rights and the protection of activists or defenders of these rights must be respected if we are to allow peace to exist in West Papua. Indonesia as a State signatory to the Universal Declaration of Human Rights and many other Human Rights Instruments should see its role in the protection and advancement of Human Rights, Media Freedom, Civil and Political Rights of all peoples they claim to govern.

Indonesia was re-elected this year into the UN Human Rights Council for the period 2011-2014, which is an inter-governmental body within the UN system made up of 47 States responsible for strengthening the promotion and protection of human rights around the globe. Indonesia’s own human rights record has recently been brought to the forefront and we remind State parties of their obligations to ensure citizens are treated with dignity regardless of ethnicity, age or political opinion.

We urge the Indonesian President and Government of Indonesia, Indonesian Human Rights Organisations and all stakeholders  to intervene and ensure the release of the 5 youth activists and to make a public commitment that there will be no further arrests of individuals purely for the peaceful exercise of their right to freedom of expression, opinion, belief or association.  Specifically, we seek to ensure that laws concerning “rebellion” (Articles 106 and 110 of the Indonesian Criminal Code) are not used against people who have engagedonly in peaceful activities.

As we do not seek to advocate a particular position on the political status ofWest Papua, We believe the right to freedom of expression includes the right to peacefully advocate referenda, independence or other political solutions under a free media.  These rights must be upheld and respected.

Signed 

 

Peter Waqavonovono

Young Peoples Concerned Network

Suva, Fiji

 

Sharon Bhagwan-Rolls

FemlinkPacific

Suva, Fiji 

 

Filomena Tuivanualevu

Youth Coalition Fiji

(Former Ms Fiji) 

Suva, Fiji

Merewalesi Nailatikau

Youth Assembly of the Fiji Islands

(Former Ms South Pacific/Fiji) 

 

Veena Singh Bryar

FemlinkPacific

Suva, Fiji 

 

Melei MeleiTuvalu National Youth Council

 

Samuela Vadei

Western Youth United

Lautoka, Fiji

 

Felicity Dronavanua

Change Makers Youth Club

Savusavu, Fiji

 

Siosiua Po’oi Pohiva

 Friendly Islands Human Rights and Democracy Movement Inc

Nukualofa, Tonga 

 

John Tabeo

Rabi Youth Club

Rabi, Fiji  

 

Reginald Prasad

DAWG Youth Club

Labasa, Fiji

 

O A’U ( Oceania Audacities United)

Long Beach, California

‘Amelia Niumeitolu

 

Kris Prasad

Drodrolagi Movement

Suva, Fiji

 

Peni Moore

Womens Action for Change

Suva, Fiji

 

Seona Smiles

Writer

Suva, Fiji

 

Ester Grace

Soccer Initiatives for Girls

Ba, Fiji

 

Discombobulated Bubu

Democracy Advocate – Libertarian,

Fiji

 

Samuel Bird

Malaita Youth Club

Solomon Islands

 

Dennis Mekai

Vanuaku Youth Club

Santo, Vanuatu

 

Frank Lagi

Komas Bahai Youth

Honiara, Solomon Islands 

 

Sepesa Sigatokacake Rasili

Men Fiji

Suva, Fiji

 

Noelene Nabulivou

Fiji/Australia

Human rights NGOs in Papua may seek international action about violations in Papua

Bintang Papua, 14 June 2011
Jayapura: On the occasion of the tenth anniversary of the Wasior
incident, which was described by Komnas HAM – the National Human Rights
Commission – as a gross violation of basic human rights, two leading
human rights organisations in West Papua, BUK – United for Truth – and
KontraS-Papua – Commission for the Disappeared and the Victims of
Violence, held a press conference in Jayapura.

They said that there has been a failure to show any serious concern
about the violation of basic human rights in Papua. In view of this,
they said that they now intend to bring these cases up before an
international mechanism. ‘There has as yet been no international move
to take action on these cases, but we intend to raise these issues by
waging a campaign in the hope that this will bring pressure to bear on
the Indonesian government to resolve these cases,’ said Selpius Bobii,
the BUK co-ordinator. who was accompanied as the press conference by
the co-ordinator of KontraS-Papua, Olga Hamadi.

He also said that they would make formal approaches by letter to a
number of government institutions as well as NGOs.

‘Immediately after this press conference, we will be sending letters to
Komnas HAM, to the attorney-general’s office, to Amnesty International ,
to the media in Papua as well as to NGOs in Germany and elsewhere.’

The organisations felt that such action was now called for as a way of
exerting pressure so as to ensure that these cases are recognised as
gross human rights violations and are brought before a court of law.

‘It seems that it is necessary to bring pressure to bear on the various
NGOs and on the government to persuade them to be more serious about
resolving a number of human rights cases in Papua,’ they said.

According to data that has been collected by BUK, these cases resulted
in the deaths of six people at the time of the incidents, while seven
others died subsequently as a result being subjected to torture. Seven
people are reported to have disappeared, while no fewer than 305 others
were subjected to sweeping operations known as ‘Tuntas Matoa’.

‘There has also been discrimination against the families of the victims
because their parents have been branded as separatists. This is apparent
from the way that /respect /funds have been distributed, bearing in mind
the fact that the families have been treated differently than others in
the community.’

With regard to the human rights violations that have been perpetrated in
Papua at the hands of members of the Indonesian army (TNI) and the
Indonesian police (POLRI), in all these cases, it has been virtually
impossible to bring them before a court of law. ‘In the case of those
incidents that were actually taken to court, nothing was done to side
with the victims; the perpetrators were protected with the argument that
whatever had been done was in the interest of the security of the state.
An example of this was the Abepura case where those who were found
guilty are no longer behind bars.

The Wasior incident occurred on 13 June 2001. It was triggered when a
person demanded compensation for the theft of his traditional land
rights but this failed to solicit any response. On the contrary, the
people concerned were accused of disrupting security and were arrested,
tortured, and in many cases killed or made to disappear.

‘Cases that have been identified by Komnas HAM as gross violations of
human rights have reached a stalemate.after disputes between Komnas HAM
and the attorney-general’s office, with the latter using formalistic
excuses.

They went on to say that the Wasior case as well as the Wamena case (the
fatal shooting of Opinus Tabuni in August 2010) had been acknowledged by
Komnas HAM as gross violations of human rights but it had been virtually
impossible to deal with such cases because the administrations of the
provinces of Papua and West Papua which came into being following the
special autonomy law (OTSUS) had also failed to respond.

In view of all this, the representative of BUK made the following demands:

1. The president of Indonesia should immediately resolve the Wasior and
Wamena cases and in doing so recognise the fact that Papuans are
citizens of the Unitary Republic of Indonesia, NKRI which means that
their standing and dignity within the state is in keeping with the
values of the Papuan people as citizens of Indonesia.

2. The attorney-general’s office should end its machinations with regard
to the Wasior and Wamena cases and co-ordinate with other state
institutions so as stop their activities which have resulted in
reinforcing the cycle of impunity.

3. The administration of the province of Papua, along with the DPRP,
Komnas HAM-Papua and the MRP (Majelis Rakyat Papua ) should act together
as quickly as possible to ensure that the Wasior and Wamena incidents
are brought before a human rights court in the Land of Papua.

4. A Papuan Human Rights court should be set up immediately.

5. If the government fails to deal seriously with the Wasior and Wamena
cases, we as representives of all the victims of human rights
violations in the Land of Papua will bring these matters before an
international court of law.

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