Tag: Asian Human Rights Commission

AHRC: INDONESIA: Human Rights in 2011 – The Decay of Pancasila and Constitutional Protections

Human Rights Day, December 10, 2011


On the occasion of the International Human Rights Day, December 10, 2011 the AHRC publishes its annual report on the State of Human Rights in Indonesia in 2011.

The full report will be made available for download at http://www.humanrights.asia/resources/hrreport/2011/AHRC-SPR-006-2011/view.

In 2011, the Asian Human Rights Commission (AHRC) has witnessed a deterioration of the human rights situation in Indonesia in terms of religious freedom, the role of the judiciary and accountability for violence by security forces. This report, which is based on the organisation’s documentation and monitoring work, shows that Indonesia remains heavily affected by serious human rights violations and shortcomings in the rule of law. The lack of effective prevention and legal measures taken by the legal apparatus against fundamentalist groups, shows the inability of the State to ensure fundamental rights, such as the right to life and the right to freedom of thought, conscience and religion.

Constitutional foundations such as “unity in diversity” (Pancasila) and fundamental rights are being undermined, as is being seen in the lack of appropriate responses by the State to the decay of religious pluralism and diversity. Constitutional fundamental rights are not being enforced for Aceh’s citizens, who live under discriminating Sharia laws, or for religious minorities in Java and elsewhere in the country, who face persecution, or for indigenous Papuans who lack equal access to justice, protection and social welfare and as a result increasingly reject Indonesian citizenship. Indonesia’s international recognition as a role-model for secular democracy in the region, and as the country with the world’s largest Muslim population, is losing credibility.

Numerous cases of violations of the freedom of religion were reported in 2011. This situation cannot be separated from Indonesia’s recent history. The relationship between State and religion in Indonesia is swinging from one extreme to the other. Under the authoritarian Suharto regime, which was in power until 1998, religious movements were violently suppressed, as shown in the Tanjung Priok (1984) and Talangsari (1989) incidents, during which hundreds of Muslims were killed. Alleged perpetrators in that case remain unpunished. The use of violence against religious groups was a strategy at that time to prevent Islamists from gaining political power. Conversely, the trend that has developed in recent years shows that religious organisations are now undermining State institutions and justice processes. The increased religious violence is exemplified by the killing of three Ahmadiyah followers in February 2011. The perpetrators in the case have received no or only lenient punishments, while victims among religious minorities suffer persecution.

Violence by security forces, including the police and military, remains the other major concern in Indonesia in 2011. The AHRC continued to receive numerous cases of torture by the police, and, from crises regions under heavy military control like Papua, (1) it received cases of torture by the military. The AHRC is deeply concerned by the violent dispersal and killings during the Third Papuan Congress in October 2011.

The prevailing climate of impunity permits such violence to go unchecked. It is caused by the lack of effective reforms to provide impartial and professional accountability mechanisms, including for human rights violations. Efforts to develop and reform the bodies mandated to oversee the police, prosecution and judiciary, such as the extension of the mandate of the National Police Commission (KOMPOLNAS) and the mandate of the Prosecutorial Commission, are important steps taken by the GoI. However, in practice, police officers cannot be criminally prosecuted for the widespread use of torture to obtain information or punish detainees, and members of the military cannot be held accountable by independent investigations and civilian courts. They continue to be tried exclusively by the Indonesian National Army’s (TNI) legal system, which has serious flaws and typically perpetuates impunity. While Indonesia had announced the inclusion of the crime of torture in its new draft criminal code, this draft has been pending for adoption for many years. Sharia law in Aceh institutionalises corporal punishment and therefore inhuman and degrading treatment, and violates rights concerning fair trials.

The freedom of expression of activists in Papua is frequently violated through arrests of protesters and imprisonment for the peaceful expression of political opinions. More than 60 cases of violence against journalists in 2011 and several defamation law suits were reported. A new law concerning the State’s intelligence system passed in 2011, and allows for arbitrary measures that violate human rights and can be used to silence activists. Civil society faces many serious challenges to their ability to perform work in favour of human rights and reforms.

As a survey by the Kompas newspaper in 12 major Indonesian cities in October revealed, 83\% of the respondents are dissatisfied with the work of the police, judiciary and the attorney general’s office in upholding the law. Almost 100\% of the respondents felt that political conflicts within the police and corruption within State institutions is, in general, in a serious condition. (2)

Politicisation of criminal justice institutions such as the Attorney General’s Office (AGO), corruption in the judiciary and the immunity of military commanders present an ongoing problem. The lack of accountability for gross violations of human rights and ongoing impunity for the instigators of the 2004 assassination of Indonesia’s leading human rights defender, Munir Said Thalib, due to the refusal of the Attorney General to conduct new investigations, are key indicators concerning the inability of State institutions to address human rights violations effectively, and thus to fulfil their mandate to ensure a just and fair society. As a result, religious extremism grows and violations by security forces continue.

The full report will be made available for download at http://www.humanrights.asia/resources/hrreport/2011/AHRC-SPR-006-2011/view.

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New Report Reveals Extent of Papua Human Rights Violations

Press Release from Tapol, Franciscans International, Asian Human Rights Commission and Faith Based Network on West Papua (FBN)


NGOs meet in Geneva to address their concerns on the situation of Human Rights in Papua

Geneva, 3 November 2011

 Following last month’s violent dispersal by Indonesian security forces of the Third Papuan Peoples’ Congress in Jayapura, Indonesia has been confronted with the full scale of human rights problems in Papua by the new Report ‘Human Rights in Papua 2010/2011’.[1] This was launched yesterday in Geneva, by the Faith Based Network on West Papua (FBN), Franciscans International (FI), and the Asian Human Rights Commission (AHRC).

The Report portrays the bleak reality of the abuse of civil and political rights, as well as economic, social and cultural rights in Papua in 2010 and 2011. The aim of the Report is to raise awareness of the human rights situation in Papua and to create in Papua a ‘land of peace’.

More specifically, the Report draws attention to the hardship faced by national and international civil society as well as by local human rights defenders who are too often victims of intimidation, harassment and arbitrary detention on the charge of makar (treason) while exercising their right to freedom of expression in their struggle for justice and accountability. The Report further denounces the policy of the Government of Indonesia aimed at discrediting, limiting and jeopardizing the work of international human rights organizations working in Papua, including denied access to international media through the manipulation of bureaucracy. As a result, certain international organizations are directly or indirectly forced to withdraw from the country, as was the case of the International Committee for the Red Cross (ICRC) and Peace Brigades International (PBI).

With a view to presenting the Report and raising awareness on the recent tragic events, Franciscans International organised a round table discussion. This was attended by representatives of the Faith Based Network on West Papua, Geneva for Human Rights, Human Rights Watch, Papua Peace Network (JDP -Jaringan Damai Papua), Special Rapporteur on the situation of human rights defenders TAPOL, World Organization Against Torture (OMCT), and the Permanent Mission of the Republic of Indonesia to the United Nations.

In response to the numerous issues and concerns raised during the discussion, the representative of the Permanent Mission of Indonesia made an official statement asserting that “human rights protection is a national priority”. Despite the appreciation for the participation of the Permanent Mission of Indonesia, this statement was visibly met with strong disagreement by NGOs. They attested that “Political statements are not enough to address human rights violations in Papua, since – the reality is -a climate of fear prevails in Papua”.

The NGOs present concluded by calling upon the Government of Indonesia to: Immediately release all political prisoners; Immediately cease intimidation, harassment and physical violence against human rights defenders, journalists, and religious leaders in Papua; to criminalise torture and ratify the Optional Protocol to the Convention against Torture; ratify the International Convention on Enforced Disappearances; and to Start a genuine dialogue with national and international civil society.

For more information on the report Human Rights in Papua 2010/2011, please contact:

Kristina Neubaeur –Faith Based Network on West Papua, Coordinator

Francesca Restifo – Franciscans International, International Advocacy Director

Paul Barber – TAPOL, Coordinator: +44 7747 301 739; paul.barber@tapol.org

Wong Kai Shing – Asian Human Rights Commission, Executive Director

1] Available at http://tapol.gn.apc.org/press/files/Human-Rights-in-Papua_Report-2010-2011.pdf

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Theologians & Franciscan Friars about recent post-Congress Indonesian violence affecting their communities

unofficial English translation of the media statement published yesterday (26/10) by the Rector of “Fajar Timur” Catholic School of Philosophy and Theology and the Provincial of the Franciscan Friars in West Papua, Indonesia, in regards to the recent violence affecting their communities.  via ETAN

“WHAT THE CIVITAS ACADEMICA OF ‘FAJAR TIMUR’ SCHOOL OF PHILOSOPY AND THEOLOGY HAVE EXPERIENCED AND SEEN POST THE THIRD PAPUAN CONGRESS”

1.       Wednesday, 19 October 2011, around 9 am, the police, Brimob and the Indonesian army were on guard equipped with armoured vehicle, trucks, along Sosiri Street, Yakonde Street even at the back of “Fajar Timur” School of Philosophy and Theology (STFT). Within those streets the Catholic mission compound is located, including St Paul’s Secondary School and its teachers’ residence, “Nur Jaya” girls’ dormitory, JMJ nuns’ house, staff residence, “Sang Surya” Franciscan friary, “Tunas Harapan” Catholic dormitory, Zakheus football field (where the gathering spot of the congress), Seminary of John Vianney, “Tauboria” dormitory, Inter-diocesan seminary, the campus of Fajar Timur School of Philosophy and Theology, residence of priest staff, a chapel, a dinning hall and other facilities. The deployment of troops without any prior notice to the school made us worried and suspected that the situation would have turned into chaos and we would have been trapped in such circumstances. Therefore, around 10 am, we asked our staff to go home.

2.       Around 11 am, a unit of Indonesian army with heavy guns entered the campus and dormitories (the inter-diocesan seminary) from the hill at the back of the campus. The troops entered our property without asking any permission. They took rest in a multi-purposed hut. Some students gave reactions to them and asked them not to enter the seminary and campus area. So they then left and went back to the hill.

3.       Around 3.30 pm some members of the security services entered the dormitories searching for the participants of the Papuan congress who were running for safety. The security services entered the dormitories of the brothers from the Diocese of Agats. They broke the doors of the study room and bed rooms at the front side, entered and ransacked the computer room while saying, “Take that computer for evidence.” While window glasses were destroyed, another voice said, “Don’t do it. This is the mission complex.” The brothers from the Diocese of Agats were terrified and lying  face down hiding at the front room. A few congress participants who took refuge in the bathrooms were arrested. A harsh voice said, “Run?…get shot!” When the security services wanted to ransack the room at the back where students were hiding, an instruction came out saying, “Enough! Enough! Stop! Back off!” then silence. After waiting for a while, those who were hiding, got out and ran away to the residence of priest staff. When they got there, they realised that one of them was shocked and could not move from his hiding place.

4.       Meanwhile, inside the staff’s study room, Father John Jehuru OSA, Associate Dean and the Rector of Interdiocesan Seminary was stunned when a bullet penetrated his window. He was monitoring the chaos happening in Zakheus football field around 3.30 pm. The bullet razed his glass louvers and curtain, hit the wall, before dropped into a study desk. The bullet and Father John were only separated for about 50-75 cms. The crumbs of the bullet were found.

5.       The security services also entered other dormitories. In the dormitories of the brothers of the Diocese of Manokwari-Sorong, while searching for participants of the congress, they said, “Is it a mission house? Where are those idiot priests? Why priests hide criminals?”

In the dormitory of the brothers of the Archdiocese of Merauke, the security services arrested Agus Alua, a student, who was standing outside when the security services came in. We found a bullet pierced a window but we do not know from which direction the bullet came from. The security services came from the back of the campus with shooting. However, we do not know whether they were the same troops that came ealier at 11 am or not.

6.       Meanwhile in the staff residence, the troops were chasing the participants and threw tear gas. One of the troops entered and found the resident, a woman, lying face down and hiding under the bed. He asked, “Who are you?” and the woman answered, “I’m the resident here!”. “Get out, don’t be afraid” said the security. She came out and wiped her soured eyes saying, “I’m not afraid of you but of your bullets and tear gas”. Then he walked away.

7.       In “Sang Surya” Franciscan friary, many participants took refuge. Mr Forkorus Yaboisembut (the Chair of the Papuan Customary Council) and Dominikus Sorabut, now suspects detained in the police custody, were taking rest after the congress was closed. Father Gonsa Saur OFM, the head of the friary, was taken by surprised when he heard a shooting. He put his Franciscan habit on and came out standing at the stairs that connect the first and the second floor of the friary. Three members of the security forces and some others with plain clothes forced to enter the second level of the house but Father Gonsa denied them. He saw the security services with plain clothes sneaked into the dining room and the front room. They were carrying big guns and pistols. Due to the heavy pressure from the security forces, finally Father Gonsa had to ask those who were hiding to come out. While some of them came out, some others stayed hidding for safety. Father Gonsa asked the security, “You can take them, but don’t beat them.” In front of him, they were not beaten up but once they were out at the road, some of the security services beat them.

Six members of the security forces in plain clothes dragged Mr Yaboisembut and yelled at him. A woman was dragged too out of the friary. One of the security forces tried to penetrate the second level but Father Gonsa asked him to come down. About ten people surrendered but we do not know their identities. They were told to walk by squatting. There were three women among them. Outside the building, many security forces with or without uniform were hanging around with heavy weapons.

8.       In John Maria Vianey’s Seminary of the Diocese of Jayapura, many participants were hiding for safety. The security services searched for the participants and found Father Yan You, the head of the seminary. Three members of the security forces pointed his gun at Father Yan’s head one by one. They said, “You hide them.” He answered, “Kill me, shot me, come on.” Then they smashed the door, entered the room and took those who were hiding. Meanwhile, the brothers convened the participants at the hall. The brothers gave up their bedrooms for the participants for hiding. The brothers put their priest uniform on and protect the participants of the congress but when the security forces entered, some of the participants surrendered and they were taken away. The brothers told the security not to be cruel with the participants. One of the brothers, who tried to help those who were shot, got beaten with a rifle butt on his hand until it was  fractured and with a rubbler baton on his nose until it was bleeding. He had been arrested and detained at the Papua police custody overnight before released on the following day. He is being treated at the intensive care unit at the local hospital.

9.       When the security forces persecuted the crowd and members of the security guards of the Papuan Customary Council (Penjaga Tanah Papua), these people ran through the back of the library and tried to enter the staff room. But they could not make it because it was locked. So they broke two pieces of glass louvers. They ran to the hill but then were stopped with shootings coming from the top of the hill. So they went back to the bushes where they had come from.

Because of this incidence, the “Yerusalem Baru” inter-diocesan seminary and “Fajar Timur” School of Philosophy and Theology were physically and non-physically damaged:
1.       7 doors were ruined, 2 computer units missing, 2 trophies crushed, 2 chairs were broken, 2 sickles and 1 knife were missing, pots of flowers scattered. Window glasses of the dormitory of the Diocese of Merauke was razed with bullet, 2 pieces of glasses louvers of the staff room were smashed, 1 window glass of the staff room was pierced by bullet, window glasses of the seminary office demolished.

2.       One student is being treated in hospital because his face was swollen so there was no difference between his nose and his cheeks.

3.       The brothers remain terrified and worried. They are traumatized because the security services have acted inhumanely.

In regards to this incidence:
1.       We do not ask for compensation for the damaged or missing facilities. The violent acts of the security forces have destroyed the facilities and also infused fear and anxiety among the civitas academica of “Fajar Timur” School of Philosophy and Theology. The building and window glasses can be replaced but it takes a long time to heal fear and anxiety.

2.       We do not ask for compensation for the medical treatment for the brother who is in hospital.

3.       We firmly reject any repressive means to deal with issues because such violent act only undermines the human dignity of victims and perpetrators.

4.       We are deeply concerned that our campus, which is entitled to academic freedom, was penetrated by heavily armed security forces without any permission or prior notice.

5.       We regret that the monopoly of truth by the security forces who assumed the brothers had done something wrong by providing assylums for those who were persecuted by the security forces. We affirm that such an assylum was provided on the basis of the universal humanitarian principle, namely when a person is exposed to a life-threatening situation, s/he has to be given protection and defence. Therefore, the protection provided for the participants of the congress who tried to take refuge from the persecution and threats from the security forces was solely based on the humanitarian principle rather than any political interests.

6.       We appeal to the Indonesian Human Rights Commission (KOMNAS HAM) to investigate the violent incidence post congress to look at how serious human rights abuses have occurred.

7.       Based on the government’s commitment, as expressed by President Susilo Bambang Yudhoyono during his address to the nation on 16 August 2011, namely “dealing Papua with heart,” we support a dialogue to be done between Jakarta and Papua. This dialogue is highly important not only to stop violence but also to prevent any recurrence of violent acts in Papua. We ask all parties of good will to push the idea of dialogue between Jakarta and Papua.

8.       We ask for supports and solidarity from the members of the Catholic Church around the world to pray and support the implementation of dialogue between Jakarta and Papua for peace of Papua. Because only through dialogue, issues that underpin conflicts in Papua can be identified and proper solutions can also be found without resorting to violence and bloodshed.

Jayapura, 26 October 2011

Rector of “Fajar Timur”  STFT The Provincial of the Franciscans Order in Papua

Father Dr. Neles Tebay, Pr Father Gabriel Ngga OFM, Lic Theol.

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ABC LATELINE: West Papuans attacked by Indonesian army

(MEDIA NOTE: WEST PAPUA MEDIA was fixer for this story, and supplied this exclusive footage to Lateline, not “West Papua independence activists” as reported by Lateline.  Footage can be made available to other media outlets by contacting editor, @ westpapuamedia.info .  West Papua Media HAS independently verified the authenticity of this footage.)

Australian Broadcasting Corporation

Broadcast: 27/10/2011 http://www.abc.net.au/lateline/content/2011/s3350029.htm

Reporter: Hamish Fitzsimmons

Six people have died in shootings after the West Papuan Independent Movement declared independence, which Indonesia describes as an act of treason.

Transcript

TONY JONES, PRESENTER: Last week six people were killed in the Indonesian province of West Papua after separatists declared independence from Indonesia at a people’s congress.

Lateline has obtained exclusive pictures of the aftermath of the shootings, which were alleged to have been carried out by Indonesian security forces, including anti-terrorist troops trained by Australia.

Indonesia says the declaration in the restive province is an act of treason and people have been charged according to the law.

West Papuan independence activists say the shootings were planned.

Australia’s Department of Foreign Affairs says the Indonesian police response was disproportionate.

Hamish Fitzsimmons has this report.

HAMISH FITZSIMMONS, REPORTER: Thousands attended the third West Papuan People’s Congress on 19th October in Jayapura

It was organised by the West Papuan independence movement, which says it was forcibly included in the Indonesian republic almost 50 years ago.

And last week, the congress took the dramatic step of declaring independence from Jakarta and electing its own government.

EDISON WAROMI, PAPUAN PEOPLE’S CONGRESS PRIME MINISTER: We will appoint a main leader who will unite the movement and ideologies. This is the time to make clear to God, to the international community, also to Indonesia and the people of Papua.

HAMISH FITZSIMMONS: After the declaration was made, security forces moved in to break up the meeting. The Indonesian government says police fired warning shots to disperse the crowd and made many arrests, six people have been charged with treason.

But six people are also reported to have been killed and many more injured. Those who witnessed the violence want the international community to intervene in West Papua.

JOHN BARANSANO, WEST PAPUAN YOUTH CHURCH: I call on the churches around the world to care about this. I’m calling for an intervention for us because today’s events show that we need a transitional government and this needs to happen to help the people of Papua. We are now in a dangerous situation and we’re calling for a UN intervention to help us.

HAMISH FITZSIMMONS: John Baransano is a Protestant minister in Jayapura who was at the peoples’ congress. He says he saw people being shot and beaten and others herded into trucks.

JOHN BARANSANO: I saw with my own eyes people who were bleeding. They had been hit. We saw how they were terribly harassed. They were forced into a truck and ordered to sit down so they wouldn’t be seen by others. But if we were up higher, we could see what had been done to them.

HAMISH FITZSIMMONS: Anglican minister Peter Woods lived in Indonesia for many years and is dedicated to helping West Papuans achieve independence.

He was in Jayapura during the congress and filmed interviews with many of the independence movement’s leaders. He says the security forces waited until independence was declared at the meeting.

PETER WOODS, WEST PAPUAN INDEPENDENCE SUPPORTER: The Army, the special police, the Brimob, the Densus 88, which had been along the road for the last three days in various barracks and positioning areas, they all moved in and started firing.

HAMISH FITZSIMMONS: The Indonesian government says there were deaths, but not at the site of the congress and the victims’ wounds were not gunshot wounds, but from a sharp weapon.

This vision has been supplied by West Papuan independence activists and can’t be independently verified. It appears to show many bullet holes.

Reverend Woods believes the violence on 19th was premeditated.

PETER WOODS: It was very well-planned and they waited until the declaration had been made. The justification for that was that – well we’ve heard variously a coup d’etat was being planned, or a state within the state of Indonesia was being declared.

HAMISH FITZSIMMONS: Amongst the troops were soldiers from the Densus 88 unit, Indonesia’s elite anti-terror squad, which is funded and trained by Australia and the United States.

The Australian Government says it funds training for the Indonesian armed forces that emphasises human rights awareness, accountability and respect for the rule of law, including in Papua, and that it doesn’t train Indonesia’s military to counter separatist groups.

The Greens want military training halted.

RICHARD DI NATALE, GREENS SENATOR: The Australian Government should immediately suspend all support for the Indonesian military. It should, as a matter of urgency, send a fact-finding mission to the region.

HAMISH FITZSIMMONS: Elite police from Jakarta and Indonesia’s National Commission for Human Rights are investigating the shootings, but there are claims that some of the injured in the crackdown are too afraid to seek treatment, fearing they’ll be arrested.

One of those is Abraham Kereni, who was one a representatives at the congress.

ABRAHAM KERENI, WEST PAPUAN INDEPENDENCE REP.: Then those – the security forces, they immediately held pistols and opened the door of the car of the prime minister. It was there that shots were fired. They opened the door and pulled me out. As they were pulling me out, there were three crew that came and hit me.

HAMISH FITZSIMMONS: A spokesman for Australia’s Department of Foreign Affairs says it appears from reports that the police’s response, following calls for independence at the conclusion of the congress, was disproportionate.

Hamish Fitzsimmons, Lateline.

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AWPA: CHOGM leaders should condemn the brutal crackdown on the West Papuan people

Press Release
The Australia West Papua Association (Sydney)

24 October 2011

AWPA is calling on the CHOGM leaders (who will meet in Perth) to condemn the brutal crackdown on the West Papuan people .

In a bid to make CHOGM relevant the Commonwealth leaders will discuss a special eminent persons’ report on renewing the organisation. Prime Minister Julia Gillard said talks will focus on “the role of the Commonwealth in the age in which we live and how we can strengthen it for the future”

The report warns the Commonwealth must “focus fresh attention on violations of human, political and civil rights if it is to continue to command attention on behalf of its member states and retain the respect of its own people”.

Joe Collins of AWPA said “obviously CHOGM will focus on its own member states however, many of the CHOGM countries are regional neighbours of Indonesia and some like Australia and New Zealand help train and aid the Indonesian security forces. Human rights should be universal and organisations such as CHOGM should make a statement of concern about the human rights situation in West Papua. If enough pressure is put on Indonesian it may hold its military to account for human rights abuses.

Background
At the end of the 3rd Papua People`s Congress the delegates raised the West Papuan national flag, the Morning Star flag. The security forces immediately began fireing live rounds to disperse the assembly. Six people were killed.

up to 300 hundred were arrested and many were beaten by the security forces with batons, bamboo poles and the butts of their rifles

Six delegates have been charged with treason.

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