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Human Right

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



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


Papuans’ trust towards Jokowi has diminish regarding human rights solving



A young Papuan and his colleagues who had been arrested by Surabaya Police for celebrating West Papua independence day December 1st, Saturday (1/12/2018) – AMP facebook



Jayapura, Jubi – Chairman of the Papuan Customary Council Dominikus Surabut said that President Joko Widodo’s policy regarding cases of alleged violations of human rights in Papua raised a sceptical trust of Papuans over him.

“It added a sceptical trust among Papuans, especially the victims’ families,” Surabut told Jubi at his office on Tuesday (27/11/2018) in Waena, Jayapura City, Papua.

Moreover, he said that during his administration there were 7,000 Papuans detained by police in peaceful demonstrations. It’s the highest number in the last decade.

And this distrust increased after the appointment of General Andika Perkasa as the Indonesian Army Chief. In the past, he was a member of the military operation in Papua, but his particular tasks were not explicit.

Some media have released about the involvement of General Andika in the murder of charismatic Papuan leader Theys Hiyo Eluai on 10 November 2001 in Jayapura, Papua.

Theys is the Chairman of Papua Presidium Council (PDP), a political organisation that fights for the independence of Papua that established during the administration of President Abdurrahman Wahid and was not popular among the Indonesian Military. said that Andika’s involvement in the murder of Theys has never thoroughly investigated. His alleged involvement in the case revealed by a letter sent by Agus Zihof, the father of a defendant Captain Inf. Rionardo. Zihow who’s a retired army sent a letter to the Former Indonesian Military Chief General Ryamizard Ryacudu.

In his letter, Zihof said that his son was forced to confess to killing Theys by a man named Major Andika Perkasa. He also revealed that Andika promised to give his son a good position in the Indonesian State Intelligent Agency because his father-in-law was an influential person there. A special investigation team formed to investigate the murder case of Theys to examine Andika Perkasa.

Furthermore, Surabut said with human rights violators from the past surround him, Jokowi would never encounter the humanitarian problem in Indonesia.

Separately, President of the Synode of Baptiste Church of Papua, Dr Sokratez Sofyan Yoman, said President Joko Widodo seems to prioritize the formal events rather than the primary development in Papua.

“There is no significant change. Jokowi performs a play” said Yoman.

Moreover, he said Papuans do not require impromptu visits, acting, or carrying children during his visits, waving and smiling.

People amazed by his charming and that he has made ten official visits to Papua. But, He’s not aware that he never touch the main problem in Papua which is respecting human dignity instead of infrastructure development.

“We don’t need money. Our dignity is priceless. Money cannot measure it,” he said.

The more important is that he respects the dignity of Papuans by stopping all forms of violence and investigating who’s behind it because of 7,000 Papuans detained by the police during his administration. (*)

Reporter: Benny Mawel

Editor: Pipit Maizier

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Theys Eluay belongs to Papuan people



Theys Hiyo Eluay, Chair of the Papuan Presidium who was kidnapped and murdered on 10 November 2001 – Jubi

Corresponding with the Indonesian National Heroes’ Day, 10 November 2018, the family of the late Theys Hiyo Eluay, Chair of the Papuan Presidium who was kidnapped and murdered on 10 November 2001, announced a peaceful declaration.

The family represented by his son Yanto Eluay said the family already forgives the murderers and requested anyone not to use his father’s case as a political commodity.

Regarding the family’s declaration, the Head of Papua Representative Office of the National Human Rights Commission Frits Ramandey said the family should notice that Theys Eluay did not represent himself, but he acted as a leader of the indigenous community, a political leader of Papuan people. Meanwhile, the UN Human Rights Council acknowledge the rights of indigenous peoples, and at that time Theys Eluay was a leader of the indigenous Papuan community.

“But the family has forgiven the perpetrators. This act must consider as a way of family in criticising the country indirectly,” Ramanday told Jubi on Sunday (11/11/2018).

“Well, it seems they have their way to criticise the state and military. It has been 17 years after the death of Theys Eluay, and his family received a verdict from the court after 11 years. If now his family takes the initiative to apologise for the perpetrators, this might be their disappointment towards the country,” he said.

Related to the law, according to the Article 1 Number 39 of 1999, human rights violations constitute every act of a person or a group of people including state apparatus who intentionally or unintentionally conduct violations including to neglect, disgrace, control, terminate or deny the rights of a person or a group of people guaranteed by law but it is worried that they could not  or have access to justice that included in the constitutional mechanism.

Besides this, Ramandey stated that the case of Theys should not be separated from Aristoteles Masoka’s because both are the cases of human rights violations: Theys was kidnapped and killed, while Masoka disappeared and never been found.

This apology does not mean aborting the case of Masoka. “In both cases, there’s an alibi. There is a plan, and then there is an order. Why has Komnas HAM not yet finished this case? It’s because the military has finished it in the military court. But it contains the elements of a crime that are planning and order to murder. “Therefore, Theys’s case cannot eliminate Aristoteles’ case,” he said.

On the other hand, Aristoteles’ father, Yonas Masoka regretted the decision of Theys family without telling the Masoka’s family. “The case is a package. Theys and Aristoteles were together in one car when the incident happened 17 years ago,” said Yonas Masoka in Kampung Harapan, Sentani Timur sub-district on Saturday (10/11/2018).

Masoka questioned a point in the declaration which states that the incident of killing and kidnapping occurred 17 years ago were no longer referred to human rights violations. He thought this statement already assumed that his son has already found, even though until now Aristoteles Masoka who was Theys driver at that time has remained undiscovered.

Previously reported the declaration under the title “The Late Theys Eluay Family Forgives the Government of Indonesia” published on Sunday, 11 November 2018.

Masoka questioned a point in the declaration which stated that the incident of killing and kidnapping that occurred 17 years ago were no longer referred to human rights violations. He thought this statement already assumed that his son has already found, even though until now Aristoteles Masoka who was Theys driver at that time has remained unknown.

Previously reported the declaration with the title “The Late Theys Eluay Family Forgives the Government of Indonesia” published on Sunday, 11 November 2018.

There are five points included in the declaration: the family object the death of their late father to be politicised and also states that Papua should not be separated from the Unitary State of the Republic of Indonesia; the family give their apology to all parties or individuals who involved both directly and indirectly in the incident of their late father Theys Eluay; the family also asked the public to not seeing the kidnapping and murder case of their late father as the human rights violations and should not be used this case as a political commodity.

Yonas Masoka stated he was confused and hence questioned the purpose of the declaration. Therefore, he said he would continue to seek justice for the loss of his son. For this reason, his family even came to meet with the Indonesian National Human Rights Commission in Jakarta and Papua for many times. However, he could not get a definite answer from these two state institutions.

He then thought that the peace declaration was part of a political commodity. “This is a political year. Let’s see what will happen after this,” he said.

Theys Eluay was found dead in his car mired in a ravine on Sunday, 11 November 2001 after disappearing for a day, while his driver Aristoteles has not yet been discovered.

The panel judges of the High Military Court III Surabaya convicted four Special Force soldiers who accused of the Theys Hiyo Eluay case. They are the former Commander of Tribuana Task Force X Lieutenant Colonel Inf. Hartomo, former Commander of Detachment Headquarters I Major Inf. Doni Hutabarat, former Operation Chief of First Lieutenant Inf. Agus Supriyanto, and Chief Soldier Achmad Zulfahmi who smothered Theys’s mouth three times.

Meanwhile, the panel judges chaired by Colonel CHK. AM Yamini convicted the lighter sentences to other three defendants, the former Captain Inf. Rinardo and First Lieutenant Asrial were sentenced to three years in prison, while Second Liutenant Lourensius prisoned for two years. (*)

Reporter: Timo Marten

Editor: Pipit Maizier

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Human Right

A member of Bawaslu Merauke arrested during Jokowi’s visit



Agustinus Mahuze (centre) with his friends – Jubi

Jayapura, Jubi – Agustinus Mehuze, the Coordinator of Prosecution and Investigation Department of Elections Supervisory Agency (Bawaslu) Merauke, was arrested and checked by Merauke Police following his act of appointing a paper with a say “SOS Our Earth” when President Joko Widodo’s convoy crossed Lepro junction in Merauke on Friday (16/11/2018).

The president and group was visiting Merauke to inaugurate the Time Capsule monument.

Mahuze is known as an environmentalist and indigenous people activist as well as education practicioner in Merauke before he becomes a member of Bawaslu Merauke.

“At that time I was walking from Wasur toward the city. Around half past three in the afternoon, I saw the presidential convoy crossing Lepro. I took a paper and pencil and spontaneously wrote those words and lifted it to show to them. I wanted the president to see it and raise this environmental issue during the APEC Summit in Papua New Guinea,” Agustinus Mahuze told Juby by phone on Saturday morning (17/11/2018).

Then, a soldier who’s in charge to secure the event approached him and asked why did he hold up the paper, while police officers that were also in the scene seem not to be bothered with his act. They didn’t even bother to ask him. By contrast, the soldier intimidated him.

“The soldier asked from which organisation am I? I said I didn’t represent any organisation here. Then he checked my wallet and bag. I only have some documents related to my work at the Election Supervisory Body,” said Mahuze.

Then the soldier asked the police to bring Mahuze to Merauke Regional Police Headquarter for further investigation. Police then took him to the police station at around 3:30 p.m. and he  was questioned in the general section of Merauke Police Headquarter before undergoing a follow-up investigation at the intelligence department.

However, the officer who’s in charge in the intelligence department was not there, so he had to wait until 18:00 before they let him go. “At six in the afternoon, the police said that I could go home and asked me to leave my telephone number so that they can call me. But only about thirty minutes I left their office, the police called me to return,” he said.

When they called, he was taking dinner with his friends who accompany him during the investigation in a place near the police station. So he returned to the police station and underwent the examination in the intelligence department.

“Shortly, I clarified the purpose of my writing and why I showed it. I gave the same answer as before that because I only want to raise the environmental issue and had no political purpose,” explained Mahuze.

After half an hour investigation, then the then let him leave.

However, Mahuze regretted the soldier’s attitude who questioned and intimidated him. “The police are very cooperative. But the intimidation by the military member shows that their attitudes in Papua has not changed,” said Mahuze. (*)


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