Civil Society Coalition: Reflections on Human Rights in the Papuan Special Autonomy era

Press Release issued by the Coalition of Civil Society to Uphold Human Rights in the Land of Papua

Special Autonomy – OTSUS – came into being at a time of struggle when the Papuan people had become the objects of development, resulting in  many incidents of violence and human rights violations over many years. This was acknowledged in the introductory paragraphs of the OTSUS law and Articles 45- 47 of OTSUS,   in which the State acknowledged that mistakes had been made. There were hopes that an era of truth would emerge by means of creating peace and the right to life for the people of Papua. At the same time, however, there were groups who were against the enactment of OTSUS.

After being in force for nine years, these hopes have not been realised in accordance with expectations. There have been a numebr of  very serious  cases, such as Warior, Wamenda, Puncak Jaya, Tingginambu, Serui, Abepura and UNCEN, Mamberamo, Nabire, Manokwari and the arrest of a number of pro-democracy activists, the most recent of which being threats against journalists that have occurred with increasing intensity during the course of 2010. During 2010, there were at least five acts of violence against journalists . In July 2010, Ardiansyah Matrais who worked for Merauke TV and the JUBI tabloid was found dead after having received threats and being followed in Keerom, a typical example of cases that have occurred during the OTSUS era.

None of these cases have been properly resolved by legal procedures as required by the law, meaning that the people of Papua have no sense that the perpetrators have been brought to justice by the State.

The situation had been made even worse because the civil authorities in Papua have created the impression that they exert no authority or are too weak to handle cases of human rights violations. None of the civil authorities, the DPRP, the MRP or the Governor, have raised their voices or offered to mediate with institutions in power  whenever violence has been  experienced by civil society, meaning that there has been a virtual absence of control by the civil authorities. Even worse is the fact that the human rights agendas of OTSUS have been completely neglected and have been given no place whatever in the policy of development in Papua.

We members of the Coalition of Civil Society Organisations feel deeply concerned at and mourn the death of the enforcement of human rights and peace in the Land of Papua. We therefore propose the following to all those who have an interest in the Land of Papua.

1.  The Central Government

Should promotee and foster dialogue between Papua and Jakarta for a compehensive solution to all the problems in Papua that have occurred since Papua was integrated into the Republic of Indonesia/NKRI because OTSUS has been incapable of becoming the final solution in restoring relations between Jakarta and Papua.

The central government should, starting now, change its view  of Papua as an  area of conflict because such an attitude  can only cause continuing political crises in Papua because of the security approach and the use of the law. Experience has shown that such an approach has failed to end resistance  by the Papuan people, even causing the emergence of new Papuan movements.

End all forms of stigmatisation of the Papuan people because this is deeply humiliating for the Papuan people who have ceased to have any confidence in development undertaken by the central government in Papua.

Evaluate and reconsider that policy of dispatching non-organic troops to Papua because  many cases have occurred as a result of the presence of these troops and have resulted in new problems within society, while revealing a lack of sensitivity for the local values of the people.

The government should make public the size of the defence budget for the deployment of troops to Papua because these funds are extracted from the state budget, while the public in Papua, especially the Papuan people, should know what are the objectives of all this, how many personnel are involved, the locations where they are deployed and the amount of the funds being used for all this during the course of a single year.

To enhance human rights policies that take sides with the victims in the Land of Papua. This is because there is the erroneous view that the problems in Papua are only about the economy. As long as the central government persists in holding this view, disturbances will continue to occur in Papua.

The police force must act professionally in the performance of their duties and not discriminate against the Papuan people when they uphold their basic rights as citizens, while at the same time striving to restore confidence in the police.

Treat all prisoners in accordance with the procedures in force and the rule of law, so as to safeguard dignity and humanitarianism while steering clear of all arbitrary treatment, in particular ending the practice of torture.

The use of military courts as has recently occurred in Jayapura is proof that these military tribunals are incapable of creating a sense of justice for the victims and among  the public and are far removed from the basic human rights standards adopted by the Indonesian Government with its ratification of the International Covenant on Civil and Political Rights by the adoption of law 5/1998 which established the basis for fair trials.

2. The Government of Papua.

It should never forget or neglect  the human rights agenda in policies pursued in the Land of Papua, because up until now, more  emphasis has been placed on the economy and welfare. There must be a balance between these two agendas.

Treat all prisoners in accordance with the rule of law, guaranteeing people’s sense of dignity and humanitarianism  and avoid all arbitrary actions, in particular the practice of torture.

The Governor, the DPRP and the MRP  should coordinate with each other and respond quickly to cases of violence  and human rights violations in the Land of Papua. The absence of such an attitude  is proof that these civil institutions have no commitment to upholding human rights in Papua and will only intensify public mistrust of these institutions in the eyes of the Papuan people.

All programmes regarding the economy and welfare should be gender specific  and take the side of the victims of human rights violations, in particular taking due regard for the education and health of the victims and their families including the granting of reparations.

To immediately set up a team to draft a special regulation  (Perdasus) for a Truth and Reconciliation Commission and a Human Rights Court as provided for in OTSUS, bearing in mind that these matters have not been dealt with during the nine years since OTSUS was enacted, and have been forgotten altogether.

Jayapura, 9 December 2010

Australian Greens: Government fails to cut ties with torture unit

Australian Greens

Government fails to cut ties with torture unit

Media Release | Spokesperson Scott Ludlam

Wednesday 8th December 2010, 4:46pm

The Australian Greens have criticised the Government for failing to take action in response to allegations an Indonesian unit supported by Australian authorities has used torture against peaceful protestors.

On November 4 this year Greens legal affairs spokesperson, Senator Scott Ludlam, called on the Government to stop funding Detachment 88, an Indonesian “counter-terrorism’ unit that has been linked to a series of human rights abuses.

“Demonstrators arrested in Ambon, in Maluku, unveiled their independence flag at an event at which the Indonesian president was present – this had nothing to do with terrorism whatsoever. They were subsequently jailed and many of them tortured and hospitalised,” Senator Ludlam said. “70 political activists in Maluku have been imprisoned since 2007.”

The Department of Foreign Affairs and Trade reported this week that the total Australian Federal Police financial support for counter-terrorism initiatives in South East Asia in the 2009/10 was $16.3 million. DFAT said while the AFP is not directly involved in Detachment 88 operational activities, the AFP’s support to the Indonesian National Police includes that unit.

Senator Ludlam said that while Australian officials provide support to Detachment 88, it is not enough to leave investigations of the unit’s conduct in the hands of the Indonesian authorities.

“We are told the AFP does not have the power to investigate what Detachment 88 has done, but it does have the power to stop funding and supporting the unit,” he said. “The United States introduced a ban on training or assisting Detachment 88 members in Maluku in 2008 after the allegations of torture first emerged in 2007, but our Government has not issued a similar ban, which is much-needed.”

Detachment 88’s major facility at the Jakarta Centre for Law Enforcement Co-operation was established in 2004 with almost $40 million of Australian funding. According to its website, most of the counter-terrorism seminars at the Centre are run by the AFP, and it is a major beneficiary of $16.3 million in annual funding allocated to the AFP to combat terrorism in south-east Asia.

http://scott-ludlam.greensmps.org.au/content/media-release/government-fails-cut-ties-torture-unit

Video Testimony of Torture Victim Tunaliwor Kiwo

Video Testimony of Kiwo

(Subtitle – English)

From Dewan Adat Papua via EngageMedia.org

In this video West Papuan farmer Tunaliwor Kiwo recounts the details of his torture by Indonesian soldiers on May 30 2010. Indonesian soldiers arrested Kiwo and his neighbor Telangga Gire on May 30 in Papua’s Puncak Jaya regency. This video was shot on October 23, 2010 and released by the Papuan Customary Council. Kiwo describes the torture he suffered for 2 days before escaping from the soldiers on June 2.

 

Related content

* News Item Transcript of Kiwo’s Torture Testimony (English)
* Video Torture of Tingginambut men (Papua) – English Subtitles
* Video Video Testimony of Kiwo (Subtitle – Bahasa Indonesia)
* News Item Transcript: Tunaliwor Kiwo Testimony (Bahasa Indonesia)
* Video Kiwo Testimony, High-res, no subtitles

Full Description

After the public release of the torture video the Indonesian government promised to investigate but now claims it cannot identify the perpetrators and is dragging it’s feet on taking action.

In the 10-minute torture video previously released to the public on October 18, soldiers are seen kicking Kiwo’s face and chest, burning his face with a cigarette, applying burning wood to his penis, and placing a knife to Gire’s neck. Indonesia is party to the UN Convention Against Torture and has strict obligations to promptly investigate and prosecute all incidents of torture and to ensuire that victims and witnesses are protected against all ill-treatment or intimidation as a consequence of any complaint or evidence given.

Copyright 2009, by the Contributing Authors. Cite/attribute Resource. dewanadatpapua. (2010, November 19). Video Testimony of Kiwo (Subtitle – English). Retrieved November 23, 2010, from EngageMedia Web site: http://www.engagemedia.org/Members/dewanadatpapua/videos/kiwotestimony_en.

This work is licensed under a Creative Commons License

Bintang Papua: Komnas HAM confirms torture video and denies any manipulation



Bintang Papua, 2010 21 October 2010

Komnas HAM confirms torture video – nothing to do with manipulation

Jayapura:  Although the military commander of the Cenderawasih military command will be conducting an investigation into the use of violence against Papuans by members of the TNI – Indonesian armed forces – as seen on a video that is widely circulating on the internet, the National Human Rights Commission Papuan branch has confirmed that members of the TNI did indeed torture a citizen. The reports have nothing to do with manipulation.

Mathius Murib SH, deputy chairman of Komnas HAM Papua , who is himself from Puncak Jaya, told journalists on  Thursday that the events shown on the video occurred on 17 March, 2010 at 3pm in Kelome, district of Tingginambut, and the victim was Rev. Kindeman Gira who was shot dead by a member of the TNI.

‘The victim was a God-fearing man and a member of the congregation of the GIDI Church in Turagi, Tingginambut. Although other sources have said that the incident occurred in April 2010, Komnas HAM sticks by its findings based on an investigation at the location of the crime.

One of the victims of the violence which lasted for six minutes and which was  photographed was able to escape with his life, but his physical condition was very bad and he is badly traumatised, making it impossible for him to give an account of what happened.

Military operations should stop
Komnas HAM has meanwhile called on the military commander of Cenderawaih military command and the chief of police in Papua to halt all operations in the area and not to increase the number of troops there which can only lead to yet more trauma and more victims among the civilian population in Puncak Jaya.

The circulation of the video showing the violence has led to strong condemnation from a variety of sources. Murib said that acts of violence have been occurring in Puncak Jaya  for a long time, ever since 2004 and up until 2010, but such an approach has not resulting in ending the conflict  and has only made things worse.

The security forces and those in charge of law enforcement were urged to behave in a more professional way and act in accordance with Human Rights Principles and Standards in everything that they do in Puncak Jaya and everywhere else in Papua.

Those civilian groups who bear arms in any parts of Papua  should immediately halt their actions and engage in consolidation to restore the situation in Puncak Jaya to normal.

Murib said that from 17 August 2004 until 2010, 50 deaths of civilians and members of the security forces have been reported.

Komnas HAM has also asked the governor of the province to make it possible for the church to enter into negotiations with their followers in the region to behave in a spirit of love and friendship and eschew all methods of violence.

The chairman of Front Pepera, Selpius Bobii said that a number of bloody incidents had occurred right across Papua and West  Papua, giving clear evidence that the Indonesian state is committing acts of violence as is revealed in the two videos lasting one minute and ten minutes. He said that the army and the police should stop denying the use of violence against the civilian population in the central highlands. ‘There is authentic evidence and it cannot be denied by the security forces, saying that the situation is under control. The commander should also admit that this is being perpetrated by his subordinates and should not try to deny things.’

He said the military commander and chief of police must take responsibility* *for all the human rights violations occurring in Papua and West  Papua and stop telling lies about the s ituation in Papua being normal. He also called upon the Indonesian people  to open themselves to talks  with the Papuan people to find a solution to all the problems occurring i the Land of  Papua.

The number of victims since 2004:

2004: seven people died and four were seriously wounded.
2005 five  people were seriously wounded.
2006 two people died.
2007 one person died.
2009 five people died and eight were wounded.
2010 four people were taken hostage, five people were wounded and four people died.
In 2004, five hartop vehicles were destroyed by fire and one police patrol vehicle was shot at.
In 2007. a rifle was seized.
In 2009 six weapons were seized, as well as 29 bullets, two ammunition magazines taken, one S-Trada Troton was shot at, two TNI command posts were destroyed as well as a steel bridge, while two primary school buildings and one lower secondary school – SMP – were burned down.

In 2010, a sircraft was shot at and there was an attack on a TNI command post.

Source: Komnas HA Papua report.

Translated in full by TAPOL

PAPUA TORTURE VIDEO: WHETHER MANIPULATED OR NOT, IT MUST BE INVESTIGATED

From Bintang Papua, 20 October 2010

Abridged in translation by TAPOL

WHETHER MANIPULATED OR NOT, IT MUST BE INVESTIGATED

Jayapura: The video showing members of the Indonesian army (TNI) using violence against Papuans is still being hotly discussed here.

Many  people doubt whether the incident occurred while quite  a few people are convinced that it did. The military commander of the Cenderawaih military command, Major-General Hotma Marbun, has promised to  investigate the video, a decision that has been welcomed by DPRP member Deer Tabuni who formerly fought alongside the TPN-OMP in Tingginambut, Puncak Jaya. He urged the military commander to keep his promise and investigate the video. .He said: ‘If what is shown on the video is indeed true, then the security forces and all groups in society should get involved in cross-checking at the grassroots, to confirm the authenticity of the video. If it is indeed true, then whoever produced the video must be summoned as a witness and take responsibility for circulating the video. If it proves not to be true, then the person was trying to create a situation that is not conducive must be called to account. so as to prevent the local people from being victimised, chased and tortured..’

He also said that whether this is true or has been manipulated, it would appear that human rights were violated. He also said that members of the TPN/OPM in Tingginambut and friends of Goliath Tabuni have called on the provincial government, the I

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