Civil Society Coalition: Reflections on Human Rights in the Papuan Special Autonomy era

Press Release issued by the Coalition of Civil Society to Uphold Human Rights in the Land of Papua

Special Autonomy – OTSUS – came into being at a time of struggle when the Papuan people had become the objects of development, resulting in  many incidents of violence and human rights violations over many years. This was acknowledged in the introductory paragraphs of the OTSUS law and Articles 45- 47 of OTSUS,   in which the State acknowledged that mistakes had been made. There were hopes that an era of truth would emerge by means of creating peace and the right to life for the people of Papua. At the same time, however, there were groups who were against the enactment of OTSUS.

After being in force for nine years, these hopes have not been realised in accordance with expectations. There have been a numebr of  very serious  cases, such as Warior, Wamenda, Puncak Jaya, Tingginambu, Serui, Abepura and UNCEN, Mamberamo, Nabire, Manokwari and the arrest of a number of pro-democracy activists, the most recent of which being threats against journalists that have occurred with increasing intensity during the course of 2010. During 2010, there were at least five acts of violence against journalists . In July 2010, Ardiansyah Matrais who worked for Merauke TV and the JUBI tabloid was found dead after having received threats and being followed in Keerom, a typical example of cases that have occurred during the OTSUS era.

None of these cases have been properly resolved by legal procedures as required by the law, meaning that the people of Papua have no sense that the perpetrators have been brought to justice by the State.

The situation had been made even worse because the civil authorities in Papua have created the impression that they exert no authority or are too weak to handle cases of human rights violations. None of the civil authorities, the DPRP, the MRP or the Governor, have raised their voices or offered to mediate with institutions in power  whenever violence has been  experienced by civil society, meaning that there has been a virtual absence of control by the civil authorities. Even worse is the fact that the human rights agendas of OTSUS have been completely neglected and have been given no place whatever in the policy of development in Papua.

We members of the Coalition of Civil Society Organisations feel deeply concerned at and mourn the death of the enforcement of human rights and peace in the Land of Papua. We therefore propose the following to all those who have an interest in the Land of Papua.

1.  The Central Government

Should promotee and foster dialogue between Papua and Jakarta for a compehensive solution to all the problems in Papua that have occurred since Papua was integrated into the Republic of Indonesia/NKRI because OTSUS has been incapable of becoming the final solution in restoring relations between Jakarta and Papua.

The central government should, starting now, change its view  of Papua as an  area of conflict because such an attitude  can only cause continuing political crises in Papua because of the security approach and the use of the law. Experience has shown that such an approach has failed to end resistance  by the Papuan people, even causing the emergence of new Papuan movements.

End all forms of stigmatisation of the Papuan people because this is deeply humiliating for the Papuan people who have ceased to have any confidence in development undertaken by the central government in Papua.

Evaluate and reconsider that policy of dispatching non-organic troops to Papua because  many cases have occurred as a result of the presence of these troops and have resulted in new problems within society, while revealing a lack of sensitivity for the local values of the people.

The government should make public the size of the defence budget for the deployment of troops to Papua because these funds are extracted from the state budget, while the public in Papua, especially the Papuan people, should know what are the objectives of all this, how many personnel are involved, the locations where they are deployed and the amount of the funds being used for all this during the course of a single year.

To enhance human rights policies that take sides with the victims in the Land of Papua. This is because there is the erroneous view that the problems in Papua are only about the economy. As long as the central government persists in holding this view, disturbances will continue to occur in Papua.

The police force must act professionally in the performance of their duties and not discriminate against the Papuan people when they uphold their basic rights as citizens, while at the same time striving to restore confidence in the police.

Treat all prisoners in accordance with the procedures in force and the rule of law, so as to safeguard dignity and humanitarianism while steering clear of all arbitrary treatment, in particular ending the practice of torture.

The use of military courts as has recently occurred in Jayapura is proof that these military tribunals are incapable of creating a sense of justice for the victims and among  the public and are far removed from the basic human rights standards adopted by the Indonesian Government with its ratification of the International Covenant on Civil and Political Rights by the adoption of law 5/1998 which established the basis for fair trials.

2. The Government of Papua.

It should never forget or neglect  the human rights agenda in policies pursued in the Land of Papua, because up until now, more  emphasis has been placed on the economy and welfare. There must be a balance between these two agendas.

Treat all prisoners in accordance with the rule of law, guaranteeing people’s sense of dignity and humanitarianism  and avoid all arbitrary actions, in particular the practice of torture.

The Governor, the DPRP and the MRP  should coordinate with each other and respond quickly to cases of violence  and human rights violations in the Land of Papua. The absence of such an attitude  is proof that these civil institutions have no commitment to upholding human rights in Papua and will only intensify public mistrust of these institutions in the eyes of the Papuan people.

All programmes regarding the economy and welfare should be gender specific  and take the side of the victims of human rights violations, in particular taking due regard for the education and health of the victims and their families including the granting of reparations.

To immediately set up a team to draft a special regulation  (Perdasus) for a Truth and Reconciliation Commission and a Human Rights Court as provided for in OTSUS, bearing in mind that these matters have not been dealt with during the nine years since OTSUS was enacted, and have been forgotten altogether.

Jayapura, 9 December 2010

KomnasHAM holds dialogue about cases of violence in Papua

JUBI, 8 December 2010

KomnasHAM is trying hard to discuss the continuing violations of human
rights and the use of violence still occurring in Papua, Ridha Saleh
told journalists in Jayapura on Wednesday. He said that after reporting
the videos of torture and the burning of prisoners’ vital organs to the
military commander of Cenderawasih Military Command, they were keen to have a dialogue and seek opinions about these violations that are still occurring in Papua.

He said too that prior to reporting the case of the videos, they had
undertaken investigations and collected data about these cases which
occurred recently in Puncak Jaya. They were told that according to the army and the local people, there are three elements who have been causing chaos in Puncak Jaya, the TPN/OPM, the Indonesian army and o-called unknown elements.

A dialogue had taken place with all these people and also involved some other people, including some academics, the department of law and human rights, the army and members of the community.. The dialogue took place at Swissbel Hotel in Jayapura.

[This is the first time we have read about such a dialogue having taken
place. TAPOL]

Video Testimony of Torture Victim Tunaliwor Kiwo

Video Testimony of Kiwo

(Subtitle – English)

From Dewan Adat Papua via EngageMedia.org

In this video West Papuan farmer Tunaliwor Kiwo recounts the details of his torture by Indonesian soldiers on May 30 2010. Indonesian soldiers arrested Kiwo and his neighbor Telangga Gire on May 30 in Papua’s Puncak Jaya regency. This video was shot on October 23, 2010 and released by the Papuan Customary Council. Kiwo describes the torture he suffered for 2 days before escaping from the soldiers on June 2.

 

Related content

* News Item Transcript of Kiwo’s Torture Testimony (English)
* Video Torture of Tingginambut men (Papua) – English Subtitles
* Video Video Testimony of Kiwo (Subtitle – Bahasa Indonesia)
* News Item Transcript: Tunaliwor Kiwo Testimony (Bahasa Indonesia)
* Video Kiwo Testimony, High-res, no subtitles

Full Description

After the public release of the torture video the Indonesian government promised to investigate but now claims it cannot identify the perpetrators and is dragging it’s feet on taking action.

In the 10-minute torture video previously released to the public on October 18, soldiers are seen kicking Kiwo’s face and chest, burning his face with a cigarette, applying burning wood to his penis, and placing a knife to Gire’s neck. Indonesia is party to the UN Convention Against Torture and has strict obligations to promptly investigate and prosecute all incidents of torture and to ensuire that victims and witnesses are protected against all ill-treatment or intimidation as a consequence of any complaint or evidence given.

Copyright 2009, by the Contributing Authors. Cite/attribute Resource. dewanadatpapua. (2010, November 19). Video Testimony of Kiwo (Subtitle – English). Retrieved November 23, 2010, from EngageMedia Web site: http://www.engagemedia.org/Members/dewanadatpapua/videos/kiwotestimony_en.

This work is licensed under a Creative Commons License

PAPUA TORTURE VIDEO: WHETHER MANIPULATED OR NOT, IT MUST BE INVESTIGATED

From Bintang Papua, 20 October 2010

Abridged in translation by TAPOL

WHETHER MANIPULATED OR NOT, IT MUST BE INVESTIGATED

Jayapura: The video showing members of the Indonesian army (TNI) using violence against Papuans is still being hotly discussed here.

Many  people doubt whether the incident occurred while quite  a few people are convinced that it did. The military commander of the Cenderawaih military command, Major-General Hotma Marbun, has promised to  investigate the video, a decision that has been welcomed by DPRP member Deer Tabuni who formerly fought alongside the TPN-OMP in Tingginambut, Puncak Jaya. He urged the military commander to keep his promise and investigate the video. .He said: ‘If what is shown on the video is indeed true, then the security forces and all groups in society should get involved in cross-checking at the grassroots, to confirm the authenticity of the video. If it is indeed true, then whoever produced the video must be summoned as a witness and take responsibility for circulating the video. If it proves not to be true, then the person was trying to create a situation that is not conducive must be called to account. so as to prevent the local people from being victimised, chased and tortured..’

He also said that whether this is true or has been manipulated, it would appear that human rights were violated. He also said that members of the TPN/OPM in Tingginambut and friends of Goliath Tabuni have called on the provincial government, the I

WPAT: Torture video reveals "Indonesia's Abu Ghraib" on eve of Obama visit

WPAT: Torture video reveals “Indonesia’s Abu Ghraib” on eve of Obama visit

Contact: Ed McWilliams (WPAT) +1-575-648-2078

October 19, 2010 –  A new video shows the torture of helpless men in the Indonesian-ruled territory of West Papua. Monitoring groups are already describing the footage as “Indonesia’s Abu Ghraib.”The video reveals indisputably Indonesian security force brutality, and raises serious questions about the Obama administration’s decision to embrace cooperation with Indonesian security forces engaged in active and ongoing torture.

The video, available at http://material.ahrchk.net/video/AHRC-VID-012-2010-Indonesia.html, is the second in recent months to offer graphic footage of Indonesian  to offer graphic footage of Indonesian security force torture of Papuans. In it, a Papuan man is held to the ground while a hot stick, still smoldering from a fire, is held against his genitals. A plastic bag is wrapped around his head several times, a rifle held against him. Another man has a large knife held against him while he pleads: “I’m just an ordinary civilian, please…” One of his interrogators responds: “I’ll cut your throat… Do not lie, I will kill you! Burn the penis!” The video appears to have been taken on the cell phone of one interrogator. Although the interrogators are dressed in plain clothes, they speak in Javanese and in Indonesian with non-Papuan accents. Plain clothes dress is common for Indonesian security forces in West Papua. The techniques used mean they are almost certainly trained security personnel in the Indonesian army or police. The dialect of the victims places them in the Puncak Jaya region, where security forces are accused of repeated rights abuses.

The extreme brutality revealed in this footage is not new. What is new is that there is now additional video evidence of the brutality suffered by Papuans for nearly five decades. The international community can now clearly witness the indisputably harsh reality of life for Papuans. While Indonesia continues on the path of democratization and peaceful resolution of disputes, one region is sent on the opposite path: towards ongoing military domination, widespread suppression of political activity, and routine use of torture and other severe violations of basic human rights. In West Papua, the brutal and unaccountable Indonesian military and its accomplices, the militarized police ( Brimob), special forces ( Kopassus) and “anti-terror” force (Detachment 88) continue to operate with impunity under the old dictatorship’s rules: peaceful dissent is criminalized; civil society leaders are humiliated and intimidated and the international community is precluded from any effective monitoring of conditions in this besieged community.

Thanks to the courage of Papuan human rights advocates in the face of harsh security measures designed to silence them, the world periodically has been witness to the harsh rule of West Papua. In the past, the faith in international justice and humanity demonstrated by these courageous Papuans has been betrayed by the international community’s deference to the Indonesian government’s insistence that neither its course nor rule there not be challenged. Numerous governments have placed the territorial integrity of Indonesia and the desire to support its democratization process first. In the process, however, they have abandoned what could have been constructive efforts to uphold human rights in West Papua, which continue to be systematically violated.

Geopolitical and commercial goals led the U.S. government to ignore Suharto dictatorship atrocities targeting its own people and the people of East Timor for decades. President Bill Clinton acknowledged this when East Timor gained its independence in 2002, saying: “I don’t believe America or any of the other countries were sufficiently sensitive in the beginning and for a long time, a long time before 1999, going all the way back to the ’70s, to the suffering of the people of East Timor.” It was the suffering of the people of East Timor that led to Congress deciding to suspend military cooperation with Indonesia.

The system of security force rule and repression of peaceful dissent has been dismantled in much of Indonesia, but the same security system and the same systematic human rights violations continue in West Papua today. Such stopgap solutions as “special autonomy” have been clearly rejected by the Papuan people. Despite the continued human rights violations, the Obama administration has continued the Bush administration’s policy of support to the Indonesian security forces. It has continued support to the Indonesian military through the IMET program, and support through the Anti-Terror Assistance Program to the notorious Detachment 88 of the Indonesian National Police, credibly accused of torture and other rights violations. It has resumed cooperation with the Indonesian special forces (Kopassus) notwithstanding that unit’s  decades-old record of human rights abuse including recent, credible accounts of brutality targeting Papuan civilians.  In so doing the Obama Administration, like its predecessors, has wittingly or unwittingly made itself complicit in the repression now underway in West Papua.

The United States, under President John F. Kennedy, was responsible for the transfer of West Papua to Indonesian rule. In that act, the United States made itself co-responsible for the outcome of its actions. Successive administrations have not been sufficiently sensitive to the ongoing human rights violations, including torture to this day, which resulted from Indonesian rule.

President Obama’s upcoming visit to Indonesia offers an opportunity to end the silence on West Papua, and to craft new policies that advance human rights rather than lending support to human rights violators. Information about the ongoing human rights violations in West Papua was heard on September 22 by the House of Representatives Sub-committee on Asia, the Pacific.

The Obama administration should:

    Insist upon an investigation and prosecution of those who recently tortured Papuans in Puncak Jaya

    Seek an investigation by relevant United Nations human rights rapporteurs of this and other instances of torture in West Papua Suspend cooperation with Indonesian security forces accused of systematic human rights violations, including Detachment 88 and the Brimob (Mobile Brigade) of the National Police and the Indonesian special forces (Kopassus) Call for full and open access for journalists, humanitarian assistance personnel including the International Committee of the red Cross and other international monitors to all of West Papua Seek meetings between President Obama and Papuan human rights and civil society leaders during his visit to Indonesia Call upon the Indonesian government to carry out an internationally facilitated, senior-level dialogue process with Papuan officials and civil society designed to resolve the Papuan conflict peacefully, as was done in Aceh province

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Posted with additional links: http://etan.org/news/2010/10video.htm

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