Tag: TNI

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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Initial reports from December 1 in West Papua: TNI respond with violence in Timika

Citizen journalists on the ground have started filing the following reports by SMS (translated from Bahasa Indonesia):

(All times given are local time)

Timika

“December 1st was celebrated in Timika. The flag was raised for approximately minutes. A church service began at 9am. The military then forcibly dispersed everyone. Two people were shot (a man and a woman). The man’s name is Viktus Wamang. He is currently in the hospital in Timika. The woman is yet to be identified. Three people have been detained. The situation is very tense. People are still detained on the field in Timika Indah.” 11:30, Dec. 1.

Sorong

“We marched around the municipality office and are now joining a mass prayer. Around 1,000 to 1,500 people are involved. The police are strictly guarding us. Hope that nothing happens to us.” 10:35, Dec 1.

Manokwari

“The streets of Manokwari are crowded. People are holding a 100m long banner that reads ‘The Federal Republic of West Papua’ and includes a photo of the President [Forkorus Yaboisembut] and the Prime Minister [Edison Waromi] and hundreds of Morning Star Flags.” 11:29, Dec 1.

Puncak Jaya (Nemangkawi in the Amungme language), the highest mountain between the Himalaya and the Andes

A European mountain climber unfurled the Morning Star Flag on the summit of Nemangkawi. The photo and a video has just been released on West Papua Media.

People are now coming out of church services. More flag raisings are expected.

It is expected that tension will increase as people come on the streets across Papua.  West Papua Media will continue to monitor the situation closely.

Witness contacts are available from West Papua Media at +61450079106

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AAP: Exodus in Papua amid fears of crackdown

http://news.smh.com.au/breaking-news-world/exodus-in-papua-amid-fears-of-crackdown-20111127-1o10t.html

 Karlis Salna, AAP South-East Asia Correspondent

November 27, 2011 


AAP
Human rights groups have called for Australian monitors to be allowed into Papua amid reports people are fleeing parts of the Indonesian province due to fears of another violent crackdown on pro-independence rallies planned for next week.
In a joint letter to Foreign Minister Kevin Rudd, Human Rights Watch and the Melbourne-based Human Rights Law Centre have called for Australian embassy staff to be deployed to the restive Indonesian province to monitor events on December 1.
Large numbers of people are expected to gather in cities and other areas in Papua on Thursday for rallies to mark an unofficial independence day and the 50th anniversary of the first raising of the Morning Star flag.

The flag has been adopted by the separatist Free Papua Movement(OPM) and is regarded as a symbol of independence in the province which has been racked by a surge in violence over the past six months.

However, the Indonesian government considers the raising of the flag an act of treason.
At least three protesters were killed and another 90 people injured last month when Indonesian police and military stormed a pro-independence rally in Abepura after the raising of the Morning Star flag.
Video of the aftermath of the rally, broadcast on Australian television, also showed police beating unarmed protesters, including children.
As many as 300 people were arrested.
A spokesman for the pro-independence group, the National Committee for West Papua (KNPB), has told AAP that large numbers of people have begun leaving Jayapura and Manokwari in Papua, fearing a backlash from security forces at rallies planned for Thursday.
As Indonesia remains off limits to foreign journalists, the report could not be confirmed.
In the letter to Mr Rudd, Human Rights Watch and the Human Rights Law Centre raise concerns about the likelihood of a repeat of last month’s violence as well as the use of excessive force by the police and military.
The letter calls on Mr Rudd to urge the Indonesian government to allow full and free access of journalists to Papua and to deploy Australian embassy staff to monitor and observe events on December 1.
The human rights organisations say there should also be a full and impartial investigation into the deaths and injuries, and allegations of excessive use of force by the authorities, arising from the demonstration in Abepura on October 19.
But the letter also criticises the Australian Ambassador to Indonesia Greg Moriarty who had described the actions of the protesters at the rally as provocative.
“In our view, a clear and firm public statement on Australia’s position on human rights in the area is critical, especially since there is a real risk that Australian Ambassador Greg Moriarty’s recent reference to the actions of Papuan People’s Congress leaders as illegal, provocative and counterproductive may otherwise be interpreted as supporting a government crackdown on the congress,” the letter said.
Mr Moriarty, however, had also pointed to the response by Indonesian security forces as being disproportionate.
The letter to Mr Rudd also questions Australia’s funding and training of Indonesia’s elite anti-terrorism squad Densus 88, members of which were among the security forces present at the rally on October 19.
“Australia plays a critical leadership role on human rights in Asia and the Pacific and should take a principled and proactive stand on human rights with a key partner like Indonesia,” the two human rights organisations said.
Indonesia has been battling a long-running but low-level insurgency since its takeover of Papua in 1969.
However, the security situation has deteriorated in recent months with the province experiencing its worst violence in years.
Figures from Indonesia’s Commission for Missing Persons and Victims of Violence show at least 40 people have been killed as a result of the violence since the beginning of July.
© 2011 AAP
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Bintang Papua: 12 civilians tortured by security forces

Bintang Papua, 6 November 201112 Civilians torture by security forces? Komnas HAM demands clarifications from army commanderTwelve civilians in Kurulu, Jayawijaya are thought to have been tortured by members of the security forces on 2 November 2011 in violation of legal procedures., said Matius Murib, the deputy chairman of Komnas HAM Papua branch, in a statement to Bintang  Papua.

He said that the commander in chief of Cenderawasih Military Command, Major-General Eri Triassunu investigated members of the security forces who are thought to have committed these acts of torture, for them to explain the reasons for the torture to the victims and the general public.

Such behaviour fails to respect human dignity and violates human rights and is not in compliance with calls to put an end to violence in Papua. All parties should choose  the path of peace and dialogue as the way to solve the problems.

The head of public relations of the Cenderawasih military command, Colonel  Ali Hamdan Bogra was asked to confirm that these acts  of torture were perpetrated by members of the TNI security forces but he refused to respond..

Meanwhile, Buchtar Tabuni of the central executive of the KNPB told journalists on 4 November that these acts of  torture  by the TNI had occurred in Kurima Kampung on 2 October 2011

The torture was preceded by cheap provocations from the TNI Battalion 756 saying that a TPN group in Umapagalo Kampung had held a meeting with  the people of Kampung Umapagalo. After hearing about this meeting, the military commander organised a sweeping operation. During this operation, further acts of torture occurred.

According to Bucktar Tabuni, the KNPB sent a report about the torture perpetrated by the TNI, along with photos of the victims  to the central committee of the KNPB as well as sending it to the media.

After listing the names of the twelve victims, the KNPB said that these acts of  violence  were accompanied by screams of abuse and the victims were beaten with wooden truncheons, kicked with heavy army boots and threatened with rifle butts as well as gunshots.

A report of these acts of violence by the TNI against the twelve civilians was then submitted to the police in Kuruku but the police refused to accept it, saying that the operation  had failed to conform with legal procedures.

According to Buchtar and Mako Tabuni, the victims of this incident intend to submit this case to the district court in Wamena.

A spokesperson for Buchtar and Mako declared that the Cenderawasih military commander  should accept responsibility for the actions of his men in Kostrad 755/Kurulu. He said: From now onwards, we will not accept any attacks against the civilian population  in the Land of Papua  because these activities by the Indonesian military are acts of subversion (makar) in which members of the community were attacked by members of the state apparatus without there having been any acts of resistance by the local communities.

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JG: 7 Soldiers Detained for Abuse in Papua

(Comment: West Papua Media was the only media outlet that covered this is detail when the story was broken (with thanks to local human rights sources and Tapol), so we also thank Jakarta Globe for following this up with such a positive result.  see https://westpapuamedia.info/2011/11/05/indon-commando-btn-755-brutalise-puncak-jaya-villagers/  It remains to be seen if these soldiers from Battalion 755 are charged and put on trial for human rights abuses and torture, and face accountability for their actions.  Moreover, without the identification of command responsibility for who gave the orders for soldiers to extrajudicially abuse civilians on mere suspicion of separatism (freedom of expression) then these abuses will continue.  Detention at a garrison is a long way from a judicial process).

http://www.thejakartaglobe.com/news/7-soldiers-detained-for-abuse-in-papua/476877

 by Banjir Ambarita | November 07, 2011

Seven soldiers stationed in Papua have been detained by military police on suspicion of abusing civilians there.

Col. Ibnu Tri Widodo, the head of district command (Korem) 172/PWY, said the seven soldiers were taken into custody after it was reported that they had beaten, kicked and humiliated 12 residents of Kurulu village in Papua’s Jayawijaya district.

“For what they [the soldiers] did, they are being detained at the military police in Wamena,” Ibnu said.

The Commission for Missing Persons and Victims of Violence (Kontras) reported that the soldiers had stumbled across the civilians participating in a traditional tribal council on Wednesday, but that the soldiers mistook the meeting for a pro-separatist gathering.

The soldiers then allegedly beat, kicked and doused the 12 with water while also forcing them to crawl on all fours.

Following the allegations, all military troops assigned to Kurulu have been replaced.

Ibnu said on Monday that he would try to prevent similar incidents.

“We have to be better and prevent violence against the civilians.”

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