Tag: village burnings

Komnas HAM on Lack of commitment to solve human rights issues in Papua

JUBI, 8 April 2011 

The deputy chairman of the Papuan branch of Komnas HAM, the National Human Rights Commission, Mathius Murib, has accused the regional authorities of lack of commitment to solve human rights violations in West Papua.

He said that the local government had failed to enact a regional regulation known as Perda regarding human rights .

Komnas HAM has already prepared the draft of a Perda but the provincial governor  and the provincial legislative assembly  have as yet failed to enact it as a regulation.

He cited as examples of the government’s lack of commitment  the fact that the Wasior case in 2001 and the Wamena case in 2003 were still unresolved although Komnas HAM had carried out pro justicia investigations of these cases and had reached the conclusion that both were cases of gross human rights violations. However, the attorney-general’s office had a different opinion about the cases.

Murib made three recommendations that the victims might consider in order to bring such cases to a resolution. They could find ways to use legal mechanisms  within the Indonesian judiciary, adding that it might be possible to bring these cases before an international mechanism.

A second possibility was for the provincial government to enact the Perda regulation as drafted by Komnas HAM.

The third possibility was for Komnas HAM to become a regional human rights commission under the framework of the special autonomy law within the powers of authority of the governor of the province of Papua.

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Priest says OTSUS is accelerating Papuan extermination

(WestPapuaMedia note: we are aware of the allegations of mysterious killings in 2010, however the reports given are not containing enough information to make any detailed report).
JUBI, 6 April 2011 

OTSUS IS ACCELERATING  PAPUAN EXTERMINATION

A priest in Nabire has described the special autonomy law, known as OTSUS, as being a move by the Indonesian government that was intended to accelerate the extermination of the indigenous Papuan people.

The Rev. Daud Auwe said that ‘the intention  is clear from the systematic and violent killings which have taken place up to now.’  He mentioned in particular the case of the Rev. Kindeman Gire in Puncak Jaya, and the shooting of Melkias Agapa and Abetnego Keiya in Nabire. He was speaking at a demonstration of several hundred people outside the office of the Nabire  provincial legislative assembly.

There was also the case of the mysterious killing of ten people in Nabire [no time mentioned] and the killings of 1,435 people  that occurred during the four years from 2006 to 2010.

Another speaker, Yones Douw spoke about the culture of dependency and the destruction of the people’s economy, the appalling condition of education and healthcare facilities for Papuan people, all of which were the result of OTSUS. ‘294 people in Dogiyai died of diarrhoea in 2008, 42 people died of malaria and 41 people died of starvation in the district of Nduga.’

Other factors were the destruction of Papuan culture, the uncontrolled increase in the number of inhabitants that has been occurring annually, all of which has led to a lack of protection for indigenous Papuan people.

Yones also condemned the government’s UP4B programme which is now being promoted by the central government, which he described as a public cover-up for the failures of OTSUS. ‘While there is no legal basis for the UP4B programme, the OTSUS law which is within the legal framework has not been properly implemented by the government.’

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Manipulation: Komnas HAM report on 2003 arms dump assault

JUBI, 5 April 2011 

Assault on arms dump in Wamena was a manipulation, says Komnas HAM member

The deputy chairman of the National Human Rights Commission, Papua branch  Matius Murib, has told the press that the solution to the assault on the arms dump of the Wamena district military command on 4 April 2003 now depends on the state and the attorney-general’s office.

‘The Komnas HAM, as a state institution, has completed its task of conducting a pro justicia investigation and has delivered its evidence and associated data to the attorney-general. But the attorney-general has responded, saying that the evidence is not strong enough,’ he said. ‘Our job is finished and we cant do anything more on the matter,’ he told JUBI.

The pro justicia report recorded that nine people were murdered, 38 people from 25 kampungs were forcibly evicted, 42 people died from starvation and fifteen others were treated unjustly.

With the Konmas HAM having done its work, it now depends on the goodwill of the state and the attorney-general’s office  to solve the case. In his opinion, this would mean bringing the case before the judiciary, and in this case, this would mean submitting it to the human rights court because, he said, ‘ this was a case of gross violation of human rights which must be heard before the human rights court.’

He went on to explain that this was not a case involving any bloodshed. It should be regarded as something that was deliberately manipulated. ‘I was at the location at the time,’ he said. ‘Just imagine, the arms dump is in the centre of town, yet even so an assault took place. This can only have been a deliberate manipulation,’ he said.

He also referred to the Wamena Tragedy of 6 October 2000 which resulted in many casualties and much spilling of blood. ‘Many ordinary (people) were tortured. This was also a case of serious human rights violations,’ he said.

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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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