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Ramandey: International mechanisms can help to settle Papuan past human violations

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Illustration of demonstration to demand the sttlements of Human Rights violation  in Papua – Jubi. Doc

Jayapura, Jubi – Head of Papua Human Rights Commission (Komnas HAM) representative office, Frits Ramandey said that it is possible for human rights issues in Papua to be solved based on international mechanisms.

However, he said, as long as national mechanism is working, international mechanisms must respect and should not interven the process.

“But the intervention is very likely to happen in various international forums, for example some countries give their view of human rights issues in Indonesia, especially Papua in the Universal Periodic Review (UPR) forum,” Frits told Jubi on Monday (December 8).

According to him, that was an example of international mechanism, and possible political intervention in such forum is unavoidable. Besides, both victims and other parties need the support of international mechanisms.

“For example, in 2017 some people referred to Papua journalists report in the media, for example, Jubi was a reference for various countries, especially embassies, such as Franciscan report, which provide basis for intervention, (in this way) the international mechanism is very possible.”

Furthermore, Frits said that periodical report from National Human Rights Commission (KOMNAS HAM) on human rights development and enforcement in Indonesia can be a fresh reminder for Indonesia has ratified several international instruments.

Related to the Paniai case, he hopes that the newly appointed TNI Commander will give TNI members a chance to be questioned.

“KOMNAS HAM Adhoc team needs to ask for information related to TNI involvement (in the case). If they fail to cooperate with Komnas HAM official letters such as the police, the credibility of TNI institutions will be ruin, as Indonesia is included in international human rights mechanism,” he said.

Previously Papuan legislator John NR Gobai said he supports international mechanism used for Papua human rights settlement. According to him, so far the central government has been acting indifferent.

“But the question is whether Indonesia government would gives permission or is willing, because international mechanism need government need support to be implemented,” said Gobai.

He said, it is possible to solve the problem of Papuan human rights with international mechanism but it is still rely on Indonesian government cooperation.

Governor regulation on Papua human rights

Related to the provincial mechanisms to settle past human rights cases, Frits Ramandey said that Papua’s governor regulation regarding human rights has not been realized. It is still stumbles in Legal Bureau of Papua Province.

Papuan governor, Lukas Enembe, according to Frits is committed to the regulation. He even had assigned Assistant I, Doren Wakerkwa (to be incharge) and Doren had given the governor guidance to the Legal Bureau of Papua Province Regional Secretariat.

“Komnas HAM has institutionalized the draft of its gubernatorial regulation,” said Frits to Jubi, Monday (December 8).

He questions the reason behind Legal Bureau lack of responses, while governor has ordered it. If there are any records related to the draft, it should be conveyed to Komnas HAM for correction.

“The Legal Bureau in some forums with the Minister of Political, Legal and Human Rights, expressed their commitment to resolve the human rights cases, but unfortunately the Bureau of Law is still lack of cooperatiion,” he said.

He said that Komnas HAM had coordinated with Head of Legal Bureau several times, but gets no respond. Frits note that it is important to remembe Act No. 21 of 2001 on Special Autonomy of Papua that was born because there were demands for solving human rights problems. (*)

 

Editor: Zely Ariane

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Activists hold a long march in Manokwari to commemorate 17 years of Wasior human rights violation 

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Caption: Demonstration of 17 years of Wasior Case – Jubi / Doc

Manokwari Jubi – Dozens of human rights activists, the families of victims, and human rights partisans held a protest to commemorate human right violation in Wasior 2011 by holding a long march in Manokwari on Thursday (13/05/2018).

Masses started to walk from the Information Office in Sanggeng to LP3BH Office in Fanindi to submit a legal complaint file to the LP3BH Director, Yan Christian Warinussy.

The Chairman of the Council of Indonesian Trade Union (GSBI) West Papua, Yohanes Akwan, in a press release declared that up to 17 years of Wasior Case occurred, the state remains to neglect the incident that occurred in 2001. 

We submit our aspirations officially as well as a request to LP3BH to continue to voice the cases of human rights violations in Papua to the international community,” he said. 

Meanwhile, the LP3BH Director Yan Christian Warinussy said this complaint was part of the respect towards the human rights. “This is a part of human rights enforcement, as well as a responsibility of human rights defender to accept this complaint.

The Indonesian Human Rights Commission once investigated the Case of Wasior in 2003, but the case closed at the level of investigation. At that time, Warinussy was a member of Wasior Human Rights Investigation. (*)

 

Reporter: David Sobolim

Editor: Pipit Maizier

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Gerri Goo’s case will be raised at UNHRC by the Asian Legal Resource Centre

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Gerri Goo in hospital – Jubi

Jayapura, Jubi – The Asian Legal Resource Centre (ALRC) wishes to inform the UN Human Rights Council (UNHRC) regarding the situation of extrajudicial executions (summary executions) in Indonesia.

As wrote in ALRC’s press statement to Jubi on Wednesday (30/5/2018), despite being a state party to key international human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Indonesia has yet to fully recognize the right to life and protection for all people from summary execution.

The right to life is also enshrined in the Indonesian Constitution (UUD 1945) and Law No. 39 of 1999 on Human Rights. The enforcement of such laws however, is Indonesia’s failing. In fact, law enforcement agencies and security forces in Indonesia are themselves guilty of summary executions. The ALRC’s sister organization, the Asian Human Rights Commission (AHRC) is documented the case of Gerri Goo, an indigenous Papuan who died after being shot by law enforcement agencies in Moanemani, Degiyai regency. Gerri was shot during a joint sweeping operation by the Moanemani police officers and the police mobile brigade (Brimob). Gerri was hospitalized for 33 days, and he finally passed away on 9 May 2018.

In the past, particular under the regime of Suharto, summary executions occurred massively, and remains unpunished until present. Thousands, perhaps even one million people have been victims of summary execution during the 1965-1966 massacre, the mysterious shooting (Penembakan Misterius – Petrus) of 1981-1983, the Tanjung Priok case of 1984, the Talangsari case of 1989, the military operation and emergency period in Aceh from 1989-1998 and 2003, the 1998 May tragedy, the student shooting in Trisakti and Semanggi in 1998-1999, the case of Wasior and Wamena Papua 2001 and 2003, and various cases occurring in Papua, such as the cases of Puncak Jaya 1977-1978, as well as the Abepura case of 2000. Despite the Abepura case being prosecuted in the Makassar district court in 2005, the court failed to find evidence and finally released all the perpetrators. The government has also failed to address various recent cases of summary executions, such as the Paniai case, and the brutal attack and murder of Vijay Pauspaus in Sanggeng Manokwari Barat.

The recurrence of extrajudicial executions in Indonesia is largely due to the impunity enjoyed by the offenders, especially if they are part of the police or military institutions. For instance in the death of La Gode, the Sula Police Station prefers to internally discipline the police officers who had illegally arrested and transferred La Gode to the Military Post of Task Force (Satgas) 732/Buana. The internal ethic mechanism conducted on 31 March 2018 at the Sula Police Station ruled that:

  1. Police Chief Brigadier Zaenuddin Ahmad was to get 21 days detention, one year suspension of rank, promotion and educational training.
    2. Police Brigadier Harifin Idu was to get 21 days detention, two years suspension of rank, promotion, annulment of his current position in Police Administration and one year suspension of his regular salary.
    3. Police Brigadier Mardin was to be punished with 21 days detention with six months suspension of educational training.

Extrajudicial execution committed by the police is also caused due to the lack of commitment by the government to implement internal police regulations on human rights. The Internal Police Regulation No. 8 of 2009 on the Implementation of Human Rights Principles and Standards in the Discharge of Duties of the Indonesian National Police, and the Standard Operational Procedures like the SOP No 1/X/ 2010 on Countermeasures on Anarchy, and SOP No 14 of 2012 on the Investigation Management of Crimes have all remained on paper thus far.

In view of the above situation, the ALRC requests the UN Human Rights Council to undertake studies to assess the root causes of extrajudicial executions in Indonesia. The Council should not merely work with the Indonesian government, but should also work and support the Indonesian civil society at large in dealing with recurrence and massive extrajudicial executions in Indonesia.

The Council should put pressures on the government of Indonesia so that the State officially invites and cooperates with the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions. (*)

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Shift in Solomon Islands government’s view on Papua

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Solomon Islands parliament Photo: RNZ/ Koroi Hawkins

Solomon, Jubi – A leading foreign affairs official from the Solomon Islands government says it’s now seeing a balanced picture on Indonesia’s Papua region.

The government is consulting with the provinces as it formulates an official position on West Papuan human rights and self-determination issues.

Consultations follow a visit by a Solomons government-led delegation to Indonesia’s provinces of Papua and West Papua at the invitation of Jakarta.

The Solomons’ Special Secretary on Foreign Relations, Rence Sore, was one of the government officials in the delegation.

He said the visit was aimed at achieving a balanced picture of what’s going on in Papua.

“Before we went we had been listening to the other side of the story. And the story we heard, we were always hearing at that time, was there’s always human rights abuse, there’s always fighting for independence, someone is being killed and all that. It’s one-sided, all one-sided.”

Rence Sore said that when they went to Papua region, the story was entirely different.

He said that for now the government had yet to decide on its official position regarding West Papua and Papua provinces.

“We’re trying to give the government a good picture. Both sides of the coin we have to tell the government, and the government independently makes that policy decision.”

The delegation’s visit and resulting report were indications that the Solomon Islands government, under prime minister Rick Hou, was approaching a different stand on Papua to that of the previous prime minister Manasseh Sogavare.

Mr Sogavare, who is now the deputy prime minister, campaigned internationally about West Papuan human rights issues. He was also supportive of the United Liberation Movement for West Papua, and instrumental in its admission to the Melanesian Spearhead Group in 2015.

The Liberation Movement, which Indonesia’s government opposes, last month voiced disappointment that it wasn’t notified by Solomon Islands about the delegation’s visit.

Mr Sore, who said his government consulted with Indonesian authorities for the visit, noted the Liberation Movement’s strong connections with civil society organisations in Solomon Islands.

“And to some extent, that strong connection also was with the previous Solomon Islands leadership, government, prime minister.

“We went (to Indonesia) with authorisation from the current prime minister, and official authorities were notified.

However Mr Sore would not be drawn on whether the Hou-led government had shifted position on Papua.

“That decision is not yet formal. It depends entirely on the report. We did a report when we came back, and we are still doing the consultations on the policy. That policy will go through the government cabinet.” (*)

 

Source: radionz.co

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