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Human Right

Fact-Finding Mission Team to Papua Pushed through UN and MSG

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New PIF logo - Suplied

New PIF logo – Suplied

Semarang, Jubi – Vice Chairman of Advisory Council of the Union Churches of Indonesia, the Rev. Phil Karel Erari said it will endorse the recommendation of the Pacific Islands Forum to send a fact-finding mission team to Papua could be done under the United Nations.

“Concerning to the fact-finding mission team for West Papua as recommended by the PIF, we will push it to become the UN mandate. Once it was realized, Indonesia could not do anything to intervene it,” Erari told Jubi on last week from Jakarta.

He said if it was done under the United Nations, the Government of Indonesia would conform this mandate and also would be forced by the United Nations Fact Finding Mission. Because if was done under PIF countries, Indonesia would certainly reject it. “So it is expected the UN Fact Finding Mission and PIF Fact Finding Mission could be together to find fact in West Papua. Also it could be conducted through MSG, because Indonesia is also part of it as the Associated Member. This issue also could be pushed by ULMWP through MSG,” he said.

Meanwhile, as earlier reported by Jubi, the Secretary General of the United Liberation Movement for West Papua (ULMWP), Octovianus Mote said a fact- finding mission team has been established. The leaders of Pacific countries have taken action, and they would send a fact-finding mission team to Papua before September 2016.
‘They will come to Papua to find the fact of human right violations. They come not only to see the graves but also dig it if necessary and at that time Indonesia has not choice except to permit them to do it. In Papua, they (security forces) could burn and close their traces. But they could not close the access of hundred thousands of victims who’ve been submitted to MSG, PIF, UN Human Rights Council,” Mote told Jubi on Tuesday (10/11/2015).
But according to Mote, if later Indonesia does not permit the fact-finding mission team coming to Indonesia, it is the right of Indonesia. “No one can force or reject it, so Indonesia could not lie to the world by saying no human right violations occurred because the fact is they do not allow the fact-finding mission team. The Pacific countries leaders would decide the next step if they were rejected,” he said. (Arnold Belau/rom)

Economy

Freeport Indonesia disregards Papua Manpower Office’s Decree

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Illustration of ex PTFI workers demonstration – tempo.co

Jayapura, Jubi – Chairman of Workers, Students and Papuan People’s Coalition Yosepus Talakua accused PT. Freeport Indonesia neglects the Provincial Manpower Office’s decree.

“PT. Freeport is seeking for a way to smooth out their ‘furlough’ program because of the company has lost their profit even though it has not proven,” said Talakua when giving his statement at the Office of Papua Human Rights Advocates Association (PAHAM) on Monday (8/10/2018).

The decree No.560 / 1271 issued by the Provincial Manpower Office concerning the inspection of the Service Supervisory Team stated that the 18 months strike conducted by 8,300 Freeport workers were legal according to the Law No. 13 of 2003 about the employment.

Therefore, the termination of employment without the stipulation covered in article 151 is void,  whereas the mechanism of furlough determined by the Company not acknowledged by Law No, 13 of 2003.

Moreover, Talakua accused PT. Freeport’s statement about the loss was a defence to ignore the rights of thousands of workers who do strike to get justice for their fundamental rights, such as the right to live and to work as well as the right of association.

“We have attempted various efforts referring to the mechanism and the laws of the Republic of Indonesia by meeting with the government agencies and the House of Representatives for voicing the injustice committed by PT. Freeport Indonesia,” he said.

Meanwhile, to Antara, the Chairman of Department of Chemical, Energy and Mining Workers (SP-KEP) SPSI Aser Gobay said in the decree the Provincial Manpower Office also confirmed that the dispute of industrial relations between PT. Freeport Indonesia and the strike workers have no legal requirement.

On that basis, the Provincial Manpower Office believes that the Company is obliged to fulfil all the rights of the employee and provide them benefits and allowances from May 2017 to date.

“This is a step forward for the workers and their affiliation who do strikes in Mimika District. We have received a decree issued by the supervisory team of Papua Provincial Manpower Office in which concluded that a strike conducted since May 2017 legally acknowledged by the Indonesian Law,” said Gobay to Antara in Timika on Thursday (4/10/2018).

In line with that, the Papuan Student and Workers Coalition urge PT. Freeport Indonesia to Immediately comply with the Law No. 13 of 2003 and consider the fundamental rights of 8,300 workers that have been neglected by the company.

They also demanded the management of PT. Freeport to immediately provide the normative rights of employers and be responsible for 33 workers who died due to the termination of employment as a result of the strike.

Furthermore, the association asked the Ministry of Manpower and Transmigration to take a prompt action to solve the protracted dispute between the workers and PT. Freeport Indonesia as well as urged the Papuan Parliament and the House of Representative to be assertive against PT. Freeport regarding a decree No. 560/1271 issued by the Provincial Manpower Office about addressing the termination of employment. (*)

Reporter: Hengky Yeimo

Editor: Pipit Maizier

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Headlines

Civilians are allegedly among casualties in Tingginambut gunfire

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Resort police squad of Tingginambut met one of the tribe leaders last year (illustration) – Tribratanews.papua.polri.go.id

Jayapura, Jubi – A human rights worker from the Kingmi Church reported seven people died in a gunfire between a joint Indonesian force of the Law Enforcement Task Force (Satgas Gakkum) with a group of Free Papua Liberation Army (TPN) / OPM) led by Goliat Tabuni in Puncak Jaya District, Papua on Monday morning (1/10/2018).

“Five people killed are civilians, including two children and a pregnant woman. Meanwhile, the other two are TPN/OPM members,” he explained by phone on Saturday (6/10/2018).

Furthermore, he said from the information he received from Tingginambut confirmed that these seven dead victims found around the villagers’ houses. So apparently more victims might be found in the woods as many villagers escaped to the forest during the shooting.

Meanwhile, the Military Information Chief of XVII Cenderawasih Colonel Inf. Muhammad Aidi in the press release confirmed the gunfire in Tingginambut sub-district really happened.

“At around 6:45 am of Papua time, the military task force of 20 soldiers led by the First Lieutenant Inf. Angga conducted a patrol when they saw the Morning Star flag fluttering on the hill in Gubuleme village of Tingginambut sub-district. They then found out that the location was the headquarters of the insurgent group under Golliat Tabuni,” said the colonel.

He further said the military warned the group to surrender, but instead they shot a soldier. Consequently, the 30 minutes gunfire between the army and insurgents unavoidably occurred.

Being oppressed, he said the insurgent group finally retreated behind the hill and ran out to the forest, whereas the soldiers took control on the insurgents’ headquarters. An insurgent was down at the location.

“There were also some evidences found, namely a British-made Lee Enfield long barrel, two digital cameras, a number of TPN / OPM documents, a revolver fire gun, dozens of various caliber ammunition, an air rifle, two cellphones, a series of automatic rifle ammunition, two laptops, and the Morning Star flag, “he said. (*)

Reporter: Victor Mambor

Editor: Pipit Maizier

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Human Right

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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