Tag: Indonesian State Violence

FYI Open letter to Vice -President Boediono ( who is visiting Australia) concerning human rights and political prisoners in West Papua

Australia West Papua Association (Sydney)
PO Box 28, Spit Junction, Sydney, Australia 2088
Ph/fax 61.2.99601698 email: bunyip@bigpond.net.au

Open letter to Vice -President Boediono

Vice -President Boediono,
C/- Indonesian Consulate
Perth , Western Australia

9 March 2011

Dear Vice -President Boediono,

On behalf of the Australia West Papua Association (Sydney), I am writing to you concerning the human rights situation in West Papua[1].

We are concerned that the human rights situation in West Papua has continued to deteriorate in the past year. One incident in particular highlighted the worsening human rights situation and that was the shocking video footage of West Papuans being tortured by Indonesian soldiers. The video showed several men in military fatigues torturing two Papuans. The soldiers in the video threaten the two men with sharp weapons and pressed a burning bamboo stick against one of the men’s genitals. The torture of the men prompted a wave of international criticism with human rights organisations around the world condemning the actions of the Indonesian military. This incident was not an isolated incident.

A number of military operation also took place in the Puncak Jaya region in the past year and these operations leave the local people traumatised and in fear for their lives. Security forces conduct regular sweeps in the area to pursue members of the Free Papua Movement (OPM) and many reports have pointed out that the security forces have great difficulty distinguishing between what they term separatists and the general public. In further evidence of human rights abuses another report accused the police of burning down the village of Bigiragi in the Puncak Jaya district. The report said that 16 Mobile Brigade officers had burned the village to the ground on October 11. The report said that at least 29 homes were destroyed in the incident leaving at least 150 people homeless. In September 2010 the House of Representatives (DPR) Law Commission deputy chairman, Tjatur Sapto Edy lamented the military operations in the Puncak Jaya Regency following a report by the National Commission for Human Rights (Komnas HAM). Tjatur said there should be no more military operations and such approaches are no longer suitable in a democracy. A report by Komnas HAM’s Papua chapter revealed 29 cases of rights abuses occurred in Puncak Jaya regency from 2004-2010, including the torture and rape of villagers in March 2010 by law enforcers.

AWPA is also concerned about the large number of political prisoners in West Papua, the majority jailed merely because the were involved in peaceful demonstrations where their national flag, the Morning Star was raised.

In July 2007, Indonesia’s Constitutional Court declared unconstitutional articles 154 and 155 of Indonesia’s Criminal Code, commonly known as the “hate sowing” (Haatzai Artikelen) offenses. Articles 154 and 155 criminalized “public expression of feelings of hostility, hatred or contempt toward the government” and prohibited “the expression of such feelings or views through the public media.” These articles have been used to target activists, students, and human rights defenders to try and silence political discussion and limit free expression in Indonesia.

A series of articles from 1999 to 2002 refer to the Human Rights Bill of 1999 . The law concerning protection of human rights of political prisoners is referred to in Article 4 of Law 39 in the Indonesian Constitution in 1999. In that same Law 39 in Article 6 , paras 1 and 2 particular mention is made of protection of rights of Indigenous people, including land rights.

Republic of Indonesia legislation number 39 of 1999 concerning human rights
Article 4
The right to life, the right to not to be tortured, the right to freedom of the individual, to freedom of thought and conscience, the right not to be enslaved, the right to be acknowledged as an individual before the law, and the right not to be prosecuted retroactively under the law are human rights that cannot be diminished under any circumstances whatsoever.
Article 6
(1) In the interests of upholding human rights, the differences and needs of indigenous peoples must be taken into consideration and protected by the law, the public and the Government.
(2) The cultural identity of indigenous peoples, including indigenous land rights, must be upheld, in accordance with the development of the times.

AWPA urges the Indonesian Government to release all West Papuan political prisoners imprisoned under these laws (contrary to Indonesia’s constitution) as a sign of good faith to the West Papuan people.

Yours sincerely

Joe Collins
Secretary
AWPA (Sydney)

[1] AWPA (Sydney) uses the name “West Papua” to refer to the whole of the western half of the Island of New Guinea

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Students want firmer action by Komnas HAM in Papua

UBI, 7 March 2011

The Student Executive Board of the Cenderawasih University Law Faculty has called on the Papuan branch of Komnas HAM, the National Human Rights Commission, to take firmer action regarding a number of human rights violations in Papua.

Chairman of the Board, Thomas CH Syufi, said that they felt that the
Commission had not done enough to handle the cases and hoped that Komnas HAM would investigate a number of cases of violation. He mentioned in particular the murder of Theys Hiyo Eluay, chairman of the PDP, who was murdered in November, 2001. The case is still unsolved to this day.

Komnas HAM was also urged to collect more accurate data about a number of human rights violations in Papua because in many of these cases, the data is far from accurate.

He said that collecting data and documentation was very important
because of the need to anticipate the failure of the State to handle the cases, in order to prepare for the possibility of submitting the cases to the International Court or the UN Security Council.

He stressed the need for Komnas HAM to take firm action to investigate every human rights violation that occurs in Papua.

[COMMENT: Komnas HAM only has powers to investigate human rights
violations. The cases can only be taken further by the Attorney-General’s office.]

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DAP wants dialogue, not constructive communcations

Morning Star flag, Flag of West Papua
Image via Wikipedia

JUBI, 4 March 2011

Responding to recent moves to hold a dialogue between Jakarta and Papua, the chairman of DAP, the Papuan Traditional Council, Forkorus Yaboisembut, said that such a dialogue will not be acceptable if it takes the form of constructive communications.

‘Dialogue between Jakarta and Papua must be mediated by a neutral,
international party. There is no such thing as a dialogue between the
Indonesian government and the Papuan people being held within the
Indonesian Republic,’ he said.

He said that the offer of construction communcations as recently
suggested by the Indonesian government can only be to talk about
something like development because it would only be attended by district chiefs, the provincial legislative assembly (DPRP), the governor and the MRP.

What the Papuan people want is a dialogue at an international level, not a dialogue within the framework of OTSUS or Special Autonomy. He said that a neutral, internationally mediated dialogue would be able to fully accommodate all the basic problems in Papua.

‘Those who participate in the dialogue would carry with them the Kejora – Morning Star Flag – not some plastic party membership card. This isn’t what we want.’

He went on to say that the Papuan people have full confidence in the
Papuan Peace Network – Jaringan Damai Papua – to make all the
preparations for such a dialogue to take place.

He said that the dialogue would deal with a number of problems in Papua such as marginalisation, discrimination, the failure of development, the violation of basic human rights and the contradictory views of the Indonesian government and the Papuan people about the history of Papua.

‘In order to deal with all these questions, there must be a dialogue
that is mediated by a third, neutral party, not constructive
communications,’ he said.

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DAP: Papua on the brink of genocide

JUBI, 4 March 2011

The chairman of DAP, the Papuan Traditional Council, Forkorus
Yaboisembut, is reported as saying that the process of elimination of
the Melanesian Race which is currently turning the indigenous Papua
people into a minority in their own homeland does not yet fall within
the definition of genocide. But it is the intention of the Indonesian
State to bring the indigenous Papuan People to the brink of genocide.

‘It cannot be said that, according to the definition of genocide, that
is what is happening, but the situation is moving in that direction,’ he
said.

He said that the growth in the indigenous population has not increased
at all, as compared with what has been happening in Papua New Guinea.

‘At the time of Papua’s integration into the Republic of Indonesia, the
indigenous population (Orang Asli Papua or OAP) numbered around 800,000, whereas in PNG it was 900,000.’

Since then, the population of PNG has increased to 7.7 million or more,
which is out of all comparison with the growth of the OAP who now number 1.8 million. If there had been no discriminatory measures against the OAP, this would have grown to 6 million. This lower growth is partly also due to several government programmes, such as the Family Planning Programme and the transmigration programme. Added to this is is spread of HIV/AIDS which is undermining the growth potential of indigenous Papuans.

On top of all that, he said, from 1969 until the fall of Suharto in
1998, Papua was a Military Operations Zone (DOM). And now what it
happening is the continual violation of human rights.

He accused the Central Statitics Bureau (BPS) of publishing data that
does not conform with the reality in Papua. He said that this data
serves the interests of the Indonesian state while victimising the OAP.

‘The BPS ‘s intention is to show that there is no such thing as genocide occurring in Papua, They have even been claiming that the indigenous Papuans still comprise the majority in this part of the country.

He also referred to the UN Convention on Genocide which defines genocide as the intentional, systematic elimination of an ethnic group

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AI URGENT ACTION JOURNALIST STABBED IN INDONESIA

http://www.amnesty.org/en/library/asset/ASA21/004/2011/en/af581980-0b39-4576-bfe7-d7bc77734e0d/asa210042011en.html

DOCUMENT – INDONESIA: JOURNALIST STABBED IN INDONESIA: BANJIR AMBARITA

UA: 53/11 Index: ASA 21/004/2011 Indonesia Date: 03 March 2011

 

URGENT ACTION
JOURNALIST STABBED IN InDONESIA

In the early hours of 3 March, journalist Banjir Ambarita was stabbed in the Indonesian province of Papua. He is currently in intensive care, recovering after an operation. He is at risk of further attacks and intimidation.

Banjir Ambarita is a journalist with Bintang Papua, a local newspaper, based in Jayapura, Papua province. He was stabbed at about 1 am in the morning of 3 March 2011. Banjir Ambarita was on his motorcycle heading home when the attack occurred. Reliable sources told Amnesty International that when he was in front of the Jayapura Mayor’s office, two men on a motorcycle approached him, stabbed him twice in the chest and stomach and sped off. As he began to bleed, Banjir Ambarita rode his motorcycle to the nearby police station. Police officers took him to the Marthen Indey Hospital in Aryoko, Jayapura. He had an operation on 3 March 2011 and is recovering in hospital.

Banjir Ambarita has worked in Papua province for five years and is also a regular contributor to Vivanews and The Jakarta Globe. He had recently written about two alleged rape cases involving the police. In the first case, which occurred in February 2011, four police officers and three civilians allegedly raped and tortured a 15 year old girl in Biak, Papua province. In a second case, three police officers forced a woman detainee to perform oral sex on them over a three-month period from November 2010 to January 2011 at the Jayapura police detention centre in Papua province. The three officers were reportedly only given disciplinary punishments of 21 days’ detention and a delay of their promotions. The media coverage of the second incident led to the resignation of Jayapura Police Chief Adjunct Senior Commissioner Imam Setiawan on 1 March 2011, and a report on the incident filed by the woman’s husband to the Papua branch of the National Human Rights Commission (Komnas HAM).

International human rights observers, non-governmental organizations and journalists are severely restricted in their work in Papua amid ongoing reports of serious human rights violations by the police and military.

PLEASE WRITE IMMEDIATELY in Indonesian or your own language calling on authorities in Indonesia:
  • To immediately conduct a prompt, independent and impartial investigation into the attack against Banjir Ambarita and bring the perpetrators to justice in accordance with international fair trial standards;
  • To take immediate steps to provide appropriate protection to Banjir Ambarita, according to his wishes;
  • To initiate an independent investigation into the two reported rape cases highlighted by Banjir Ambarita, and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and victims receive reparations;
  • To ensure that all human rights defenders in Papua, including local journalists, can work freely, independently and with full protection from state authorities.
PLEASE SEND APPEALS BEFORE 14 APRIL 2011 TO:
Papua Police Chief
Inspektur Jenderal Bekto Suprapto
Papua Police Chief (Kapolda)
Jl. Samratulangi No. 8 Jayapura,
Papua,
Indonesia
Fax: +62 967 531717
Salutation: Dear Kapolda
Minister of Justice and Human Rights
Mr. 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)
Mr. Ifdhal Kasim
Chairperson National Human Rights Commission (Komnas HAM)
Jl Latuharhary
No.4 Menteng Jakarta Pusat
10310
Indonesia
Fax: +62 21 39 25 227
Salutation: Dear Ifdhal Kasim
COPIES TO: diplomatic representatives of Indonesia accredited to your country. Please check with your section office if sending appeals after the above date.

URGENT ACTION

JOURNALIST STABBED IN INDONESIA

ADDITIONAL INFORMATION

In recent years, there have been a number of cases of intimidation and attacks against human rights defenders and journalists in Indonesia.

In July 2010, Tama Satrya Langkun, a Jakarta based anti-corruption activist, was severely beaten by unknown persons in an apparent move to silence him. That same month, Ardiansyah Matra, a journalist covering corruption and illegal logging in Papua, was found dead in the province. Despite police investigations, no one has yet been held accountable for these attacks.

Amnesty International has documented how victims and witnesses in Papua have little available legal remedies to make complaints about human rights violations. In a report published in June 2009, Amnesty International highlighted weaknesses in internal and external accountability mechanisms to deal with police abuse. To date, these mechanisms have yet to be reviewed.

Please refer to the following documents for more information:

Digest: Amnesty International Papua Digest, January 2011
Document: Open letter on unchecked police abuse in Nabire district, Papua, (Index ASA 21/024/2009), 30 November 2009.
Report: Unfinished business: Police accountability in Indonesia, (Index ASA 21/013/2009), 24 June 2009.
Report: Amnesty International’s briefing to the UN Committee Against Torture, (Index ASA 21/003/2008), 15 April 2008.

UA: 53/11 Index: ASA 21/004/2011 Issue Date: 3 March 2011
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