Tag: Papuan people

Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

http://www.fidh.org/Recent-outbursts-of-violence

Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

 

Paris-Jakarta-Bangkok, 21 September 2011. The recent spike in violent incidents in Papua in July and August underscore the urgent need for Jakarta to re-assess its military approach to solve the situation of unrest in the region and to place the respect for human rights at the heart of conflict resolution policies and practices, said the Asian Forum for Human Rights and Development (FORUM-ASIA), the Commission for the Disappeared and Victims of Violence (KontraS), the Indonesian Human Rights Monitor (Imparsial) and the International Federation for Human Rights (FIDH) today.

 

Kontras recorded at least ten violent clashes between 5 July to 3 August, 2011[1], involving members of the state security forces and local armed groups. Civilians were injured and killed in some of these clashes. Thirteen Papuans were arrested by the police on 31 August in Kampung Nafri, Abepura, for allegedly causing unrest during a religious ceremony. There were also allegations that these 13 individuals were involved in a shooting incident on 3 August, in which three civilians and one TNI soldier were killed. However, local rights groups pointed out that the police made the arrests without properly investigating and substantiating these allegations. These detainees were reportedly tortured while in police custody.

“Freedoms of expression, association and assembly are routinely violated in Papua, which seriously fuels tensions. Besides, gross human rights abuses, such as acts of torture, remain unaccounted for.” said Poengky Indarti, Executive Director of Imparsial.

“While the use of violence to achieve political and other goals is unacceptable, the heavy military presence and the military-centered approach by Jakarta to Papua’s demand for autonomy serve to sideline human rights and do not provide a viable and peaceful solution to the conflict,” said Souhayr Belhassen, FIDH President.

Another element of Jakarta’s security-centered approach is the strict restriction to access to Papua. As a result, peaceful activities of civil society groups and human rights actors operating in Papua are known to be under extensive surveillance by the Indonesian military. This form of intimidation goes against the United Nations Declaration on the Right and Responsibility of Individuals, Groups or Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and oversteps the lawful limit of intelligence gathering. Internal documents of the Indonesian military recently obtained and publicized by the media revealed both the extent of this kind of surveillance and the military authorities’ mistrust towards peaceful civil society and human rights activities, which they perceive as a threat to national security.

“Monitoring human rights work is seen by the military as threatening to national security and this bodess ill for the safety of human rights defenders and other peaceful activists in Papua, as they could bear the brunt of harassment and physical intimidation by state security forces under the pretext of fighting separatism,” said Yap Swee Seng, Executive Director of FORUM-ASIA.

Some of the activists and individuals named in the leaked military documents have already faced arrest, detention, and intimidation, such as independence activists Filep Karma and Buchtar Tabuni, who were both arrested and convicted for their role in organizing peaceful demonstrations during which the Morning Star flag, a banned symbol, was raised.

A recent report released by Imparsial estimates that there are more than 14,000 military personnel deployed to Papua. The report identifies the key features of such a military-centered approach by the central government, including the continuous military operations in Papua without adequate parliamentary oversight, deployment of a large number of non-organic troops to Papua, and the addition of new territorial command structure in the region.

In sum, accountability for human rights abuses perpetrated by state security forces is still lacking in Papua. In addition, in the few rare cases in which perpetrators were brought to court, they were either acquitted or convicted on lesser charges that do not reflect the gravity of their crimes, such as acts of torture.

The four organizations call on the Indonesian government to:

  • Instruct its military to immediately cease all unlawful surveillance activities in Papua and revise its current draft intelligence bill by incorporating recommendations by civil society and bringing it into line with the Indonesian Constitution and Criminal Procedure Code, as well as international human rights law;
  • Take steps to reduce the heavy presence of non-organic military personnel and their involvement in civil administration in Papua and seriously implement security sector reform;
  • Fully and credibly investigate all past and new allegations of human rights abuses, especially those perpetrated by state security forces, and promptly bring perpetrators to justice;
  • Strengthen civilian oversight and rigorous parliamentary scrutiny of military policies, operations and budget; and
  • Respect the role of human rights defenders and ensure unfettered access to Papua by civil society groups and actors, including foreign and domestic journalists and independent human rights monitors.

[1] The documented violent incidents occurred in Kampong Kalome, Tingginambut district, Puncak Jaya (5 July and 12 July); Mulia, Puncak Jaya (13 July and 21 July); Timika, Mimika (30 July); Illga district, Puncak (30-31 July); Kampung Nafri, Abepura (1 August and 3 August); and Mulia, Puncak Jaya/Wamena (3 August). See documentation by KontraS: http://www.kontras.org/index.php?hal=siaran_pers&id=1339.

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Indonesia gives full backing to Palestinian independence at the United Nations, what about West Papua?

Opinion/Article

by Victor Yeimo,
International Spokesperson for West Papua National Committee [KNPB]

21st September 2011

[Jayapura]: As the UN General Assembly begins today (21/9) in New York, Indonesia will be in front line of supporting Palestinian efforts to become a member of the United Nations.

Ban Ki-moon waves to protestors for West Papua, PIF NZ Sept 2011 (Photo: Henry Yamo/ PMC)

Indonesia has been supporting the Palestinian case ever since they declared their independence. But what about the fate of West Papua which has been under Indonesian rule for half a century?

This week, from 19 to 28 September 2011, Foreign Affairs Minister, Marty Natalegawa, will be representing Indonesia at the UN General Assembly during its 66th session in New York, United States. He previously recalled, in a press release last Thursday (15/9), that Indonesia had recognized the independence of Palestine just a few hours after it had been declared in 1988.

Mahfudz Siddiq, chairman of House of Representative’s Commission I overseeing foreign affairs, also stated that agreement had been reached by the Indonesian Parliament and Government, for the full support of Palestinian independence and the Palestinian State bid at the UN General Assembly in New York this week.

As a logic consequence of this backing, Indonesia’s foreign policy should also be shown in its commitment to support the right to independence and the recognition of the sovereignty of the people of West Papua. If Indonesia is aware that Israel’s occupation of Palestinian territories is a state of colonization, then Indonesia has to realize that the occupation of West Papua by Indonesia since 1963 is likewise a state of colonization.

Already too many Palestinians have fallen victims of the Zionist regime of Israel, and already too many West Papuans have fallen victims of the colonialist and militarist regime of Indonesia. It is time for the people of West Papua to set their own destiny, in the same way that the Palestinian people, the people of South Sudan, Kosovo, and others, are deciding their own.

Indonesia as a member of the United Nations should actively participate in promoting and creating world peace. But, what about the fate of the people of West Papua? It has been a while since Indonesia and the international community decided to look away from the suffering of the people of West Papua. West Papuans continue to be victims of the vested interests of Indonesian colonialism and global capitalism on their land.

Because of those interests, the United Nations and Indonesia have been denying the right of independence to the people of West Papua, a right which should have been granted to them in accordance with General Assembly Resolution 1514, through the Decolonization Committee. Indonesia should welcome the statement of UN Secretary-General, Ban Ki-Moon in Auckland, New Zealand, on 7 September 2011, when he stated that the issue of West Papua should be discussed again in the UN decolonization committee, a committee which has several times been chaired by none other than Marty Natalegawa.

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Alleged OPM members may be charged with Nafri and Skyland incidents

(West Papua Media Note:  despite reams of evidence available to the contrary that indicated clearly that the Nafri attacks were the work of “unknown persons”, Indonesian police are still refusing to investigate the connections with Indonesian military operations.  The only credible way these trials can proceed is with the presence of international legal observers.  )
See the following Related articles:

Bintang Papua, 19 September 2011

Jayapura: Two Papuans who are allegedly mmbers of TPN/OPM and who are
facing charges in connection with the burning of a taxi and shootings
that occurred in Kampung Nafri as well as at Skyland and were arrested
on 31 August, are now at the stage of processing by the police force in
Jayapura. In order to obtain more documentation about the case, the
police have questioned two further witnesses. The results of these
investigations cannot yet been reveal.

The public relations officer of the police said that other witnesses
were likely to be summoned which may hopefully speed up the handling of
the case. These witnesses were being summoned as they may have seen
people who fled when a group of armed criminals opened fire on local people.

He said that one of the accused has been identified as PK who is alleged
to have been involved in the killing of the driver of the taxi that was
burnt and the other accused, EK was only allegedly involved in the
burning and killing of the taxi driver in Skyland.

‘It is hoped that the questioning of the witnesses will lead to the
identification of other suspects.,’ the official said.

The police say that they intend to continue their investigations and
hunt down other possible perpetrators in the case of the shootings in
Kampung Nafri.

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Report on wrongful arrest of 15 civilians n Wahno-Varia, W Papua

Report on wrongful arrest and torture of 15 civilians in Wahno-Vuria hill, Kotaraja, Jayapura town, Papua Province, 31 August 2011

Produced by: Investigation team comprising KomnasHAM Papua, a student or representative of Cendrawasih University Jayapura, and representatives
and members of the Baptist, Kingmi and Catholic churches

Published by: the Fellowship of Baptist Churches of Papua

September 2011

This is a TAPOL summary

The report is based on the results of an investigation by the Fellowship of Baptist Churches in Papua, including witness statements from the victims and their families, in an aim to publish the facts from the ground.

During July and August 2011, there have been a number of events affecting the security situation in Papua.   These include a number of mysterious murders for which the perpetrator(s) remain unknown, civilian deaths and injuries caused by security forces, repressive actions by security forces, clashes between the security forces and OPM/TPN, election unrest including demos and violence, an attack on the 5-7 July “Papua Peace Conference” at Cenderawasih University, a simultaneous murder at Skyline Jayapura, and a series of events accompanying and following on from the seminar in Oxford, England organized by the International Lawyers for West Papua.   A common feature seems to be that on several occasions the murders and other acts of violence occurred simultaneously across different locations. In most cases the perpetrators appear to remain unknown.

Background to the event on 31 August 2011

According to Biben Kogoya, Chair of RT 08 (RT is the smallest unit of neighbourhood governance), following a meeting of all RT/RW chairs last year, all sharp weapons kept in houses of the local population under the area of their jurisdiction should be collected and kept in the houses of the RT/RW chairs, which Biben Kogoya duly did.   He had heard shortly before the incident that there was going to be a sweeping.   He states that in the week leading up to the incident he had been trying to call the local police in Abepura to inform them of some new TNI members who had been hanging around the area each night between 25-29 August, providing alcohol and encouraging the young people to drink, and asking
them to point out the houses of people they were looking for, including Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga, and Gidi Wenda.

However, the police did not answer the phone or respond to his reports as chair of RT 08.  On 29 August, Biben had decided to sort this out, but he did not get the chance to do so as he was then arrested.

The events of 31 August 2011:

At 05:00-06:00 on 31 August 2011 a combined unit of 115 members of the army and police carried out sweeping and a siege of 4 houses in the Wahno hill area, RT 08 in Kotaraja Luar, Jayapura.  One of the houses targeted was that of Biben Kogoya (Chair of RT 08). The combined forces arrived in 6 Avanza cars and a police truck, with two of the units equipped with black batons.   They parked 500 meters from the houses in question and placed the area in question under siege, firing a volley of shots towards the houses.

A total of 15 people, including Biben Kogoya, were beaten, tortured, interrogated and exhorted to confess to having committed the Skyline and Nafri murders. Victims were beaten with rifle butts, kicked, slapped, and forced to lie on the ground for a number of hours.   Biben Kogoya was particularly singled out for beatings, and was confronted with an apparently unearthed bullet and some documents, and told to confess to owning these items or be murdered and buried. He was then forced to dig a hole whilst surrounded by security forces who had their guns aimed at him.   He was frightened and thought that he was digging his own grave, but managed to escape into the open.   The combined unit also brought a photograph of the soldier who was murdered on Jalan Baru, Camp Wolker (23/08/11) and asked Biben Kogoya if he had killed him.   The photo was put inside his family photo album and taken out of the family room –  he said he had never put that photograph of the soldier in the photo album.

Then the soldiers said it was Kogoya who killed him, this is the proof, look, it’s in his album. Meanwhile, Ekimar Kogoya was tortured until, unable to withstand the pain any longer, he confessed to the murders.   When pushed to name an accomplice he then named Panius Kogoya.

The houses were ransacked and a number of items such as handphones, money, shoes, a watch, wallets and a bank card were seized.

Throughout the experience, the victims were subjected to degrading treatment, being called variously “dog, pig, cow, animals, murderers, cannibals.” They were also stigmatized as OPM members.

As Biben Kogoya escaped from digging the hole/grave, the Vicar Metius Kogoya arrived, shortly followed by the arrival of the Head of Abepura Police and the provincial Head of Police (Kapolda).  According to the witness statement of the Vicar, the leaders said to their staff “don’t hit them anymore, what’s happened here is already enough.”

Between 12 and 13:00 on 31 August the 15 people were brought to the Polresta.  They were left in the locked truck for some time in the full sun, finding it hard to breath and hurting from their wounds.  They complained, and the truck was moved to the shade.  Then they were taken one by one to sign a notice, without having a lawyer present.  They were each photographed, then sat in front of the door of the investigation unit and interrogated. They were put back in the truck around 23:00-24:00 to sleep except Ekimar and Panius who were detained separately.   They reportedly waited for hours in the truck without food or drink until 06:00 on 1 September. 3 of them became ill and were laid on the floor of the truck.  One policeman helped us, giving us a litre of water (between 13 of us) and a packet of cigarettes.  When they woke in the morning they were not allowed to go to the toilet to urinate or defecate but were told to go to the toilet in the open yard of the police station.

On 1 September at 11:40, the leaders of the Baptist church and human rights activists, accompanied by Matius Murib arrived to visit the detainees, who were sitting in front of the investigation unit of the police station, with the others lying asleep as they had malaria.  13 detainees were released and were taken home at 15:00, arriving at their house at 17:00.  Ekimar and Panius remained in custody.

On 2 September, the 13 victims who had been sent home were taken to the hospital for a medical check up to be given the OK.  It turned out three of them were sick with malaria, so were not given the all clear.  They were:

1. Uwne Kogoya (23) malaria tertian +4

2. Yawenus Kogoya (21) malaria tropika +2

3. Nusman Kogoya (19) high leukosits.

On 3 September the Vicar was called by the police station to come and collect the arrest and detention notices for Panius Kogoya and Ekimar Kogoya, who were both charged with murder and/or violence in a public place against a person or object.

Condition of the victims

Following the incident, the victims suffered internal bruising and were traumatized. They were not able to carry out normal activities or travel very far.  Biben Kogoya’s ability to remember, hear and see properly was reportedly impaired, and his control over his emotions was abnormal.  On 6 September Uwen Wenda was reportedly still in Abepura hospital with malaria tropika and tersiana.

Key recommendations

· Intelligence should be good, accurate and accountable.

· Those currently imprisoned should be released as they are not guilty for the Nafri and Skyline cases.

· The central and Papuan provincial governments should sit down together and discuss the security situation across Papua, which is increasingly unstable.

· The Head of Jayapura Police must be accountable for the arrest and torture of 15 civilians on 31 August, which took place without due legal process.

· Those police and soldiers involved should be punished in accordance with the law.

· The torture, humiliation and stigmatization which happened during the arrests are considered to be grave human rights violations (pelanggaran HAM yang berat).

· The police are responsible for reparations for both material damage and for the psychological recovery of the victims.

· A formal and public apology is needed from the Indonesian police to the victims and their families within ten days.

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15 Papuans mistreated and tortured by army and police

16 September 2011

FIFTEEN PAPUANS MISTREATED AND TORTURED BY ARMY AND POLICE


TAPOL strongly condemns the use of violence and torture against Papuan detainees

A report has been released following a joint investigation into the maltreatment and torture of a group of 15 Papuans in connection with two criminal incidents that occurred recently in West Papua.  The report, published by Papuan church leaders, the NGO network Foker and the Papua Human Rights Commission, states that 15 Papuans were arrested in Jayapura on 31 August and were mistreated and tortured for nine hours by a joint force of military and police.  They were reportedly beaten with  rifle butts, punched, kicked in the stomach with army boots and subjected to continual verbal abuse in an attempt to force them to
confess to the as yet unsolved murders at Nafri and Skyline in Jayapura.

One of the men said he had been threatened with death if he failed to confess to owning items including a bullet and some documents which he said he had not seen before, and another was reportedly tortured until he confessed to the murders and named another of the men as his accomplice.  During police interrogation, the two were threatened with death if they did not confess to the crimes. They were then charged with the murders and remain in detention.

After the remaining thirteen men were released, they said that they had also been forced to lie on their backs on the ground facing the blazing sun for seven hours. They further commented that they felt as though they were being treated like cattle. They were deprived of water and food for lengthy periods while being beaten and tortured and no attention was paid to the injuries and bruises that they suffered during their ordeal. They said that they were weak and in some cases fell ill as a result of their treatment but were denied access to a toilet and ordered to urinate and defecate out in the open.

Apart from the appalling treatment to which they were reportedly subjected, the detainees were arrested without arrest warrants and during their interrogation, they were not accompanied by lawyers despite the associated requirement for persons in detention when they are given notice that they are about to be questioned.

Moreover, according to legal requirements they should have been released within 24 hours, a binding requirement for persons who are held without being charged for any crime. They were in fact held for 27 hours.

TAPOL strongly condemns the atrocious treatment of these Papuans. We call on Komnas HAM, the National Human Rights Commission, to conduct an investigation into the treatment of these Papuan detainees. TAPOL also calls on the Minister of Justice and Human Rights to call to account all those persons who were responsible for using extreme violence and torture against this group of men.

The government of Indonesia should make it absolutely clear that all persons who work for government agencies within the military and the police, including those which were involved in the detention and mistreatment of these fifteen men should at all times treat persons being held in detention without resorting to violence and torture and should be instructed to refrain from using such methods or face dismissal if they do so.

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