The survivors who have gathered under the organization of BUK (United for Truth) have carried out a workshop and trauma healing for the victims of human rights violations in Biak, located in the public training hall in Biak, and lasting two days. This group of survivors has had no voice until now, and has remained silent and mute while wondering where justice shall come from. Due to the physical torture and the discrimination they have experienced by being labeled separatists, their trauma has been prolonged.

The vision of BUK is that the survivors and the families of victims shall not have to wait forever in a situation of powerlessness, without hope and enduring continued trauma. Rather, one day soon the survivors and the victim’s families will become actors in their own histories by “proclaiming the truth”, even though the
State has not yet acknowledged the existence nor the basic rights of the victims, but still “the documentation and the witness of the survivors will still speak about their suffering and their truth…”.

During this two day activity, the group of survivors and families of victims were given material about Transitional Justice and Victim’s Rights, and were encouraged to draw symbols that tell the stories of their feelings and the trauma that they have experienced. At the end of the workshop, BUK has drawn up an agenda of our important goals for 2011.

The outcomes of the workshop included:
1.Sharing together, strengthening and organizing ourselves as well as organization between victims.
2.Creating a compact of the survivors and families of victims of Biak.
3.Consolidating BUK.

This activity was implemented through the cooperation of BUK and the International Center for Transitional Justice (ICTJ).

Meeting between the facilitator and the speakers

PRESS CONFERENCE

CAMPAIGN, DAY OF VICTIM’S RIGHTS TO TRUTH AND JUSTICE
JAYAPURA, 23 MARCH 2011

“THE LEGAL PROCESS HAS FAILED”

It’s as though the government’s responsibility has ended. As if by establishing the National Commission on Human Rights and the Institute for the Protection of Witnesses and Victims, and by setting down on paper the various laws (Law 39/1999 regarding human rights, Law 26/2000 regarding the creation of a human rights court, and Law 13/2006 regarding the protection of witnesses and victims), the government’s responsibility is fulfilled. According to the mandate of the Special Autonomy laws of 2001, the government will guarantee “Progress on human rights, protection of human rights, and maintenance of human rights”. But in actuality, once the government has been neutered by the perpetrators of human rights violations, the government becomes silent and impotent. By dragging out the legal process of handling the cases of Wasior and Wamena, and by continually finding reasons for inaction, the institutions responsible show that indeed there is no desire to resolve the cases at all. The established legal institutions, which swallow massive amounts of government funding and are staffed by employees who receive monthly salaries, actually do not want to fulfill their function by resolving the problems of the people.

On this Day of Victim’s Rights, this Day for Truth and Justice, we push forward the struggle for fulfillment of the rights of victims of serious human rights violations in Indonesia, and especially in Papua. This commemoration is in unison with the proclamation of the United Nations Council on Human Rights, which has drawn up a resolution to observe the International Day for Victim’s Rights To Truth and Dignity for Victims of Serious Human Rights Violations, every 24th of March.
As defined here, victims of serious human rights violations include the victims of many different policies and actions which result in death, physical suffering, extreme psychological suffering, as well as the destruction of the human dignity of victims or their families. There are four principal components to the United Nations resolution: a) protection from forced disappearance, b) acknowledgment of the rights to truth and justice, c) acknowledgment of the importance of respecting the wishes of victims of serious human rights violations, and d) respect for those who dedicate their lives to working for human rights.
There are at least three facts that point to the importance of commemorating the Day of Victim’s Rights to Truth and Justice in Indonesia. First, there are large numbers of survivors and families of victims of serious human rights violations who are still seeking a resolution to the suffering they have experienced from the actions of State actors. (Including, among others, the Purge of 1965-66, the Shootings of 1983, Tanjung Priok 1984, Talangsari Lampung 1989, Wasior – Wamena in Papua in both 2001 and 2003, the military occupation of Aceh and Papua, the forced disappearances of 1997/1998, and Trisakti-Semanggi I and Semanggi II in 1998-1999.) Second, until this day, no meaningful progress has been made in solving the cases of serious human rights violations. There is even clear tendency for absolving the perpretrators of human rights violations, based on a strong culture of impunity. Disregarding the facts, the truth is hidden behind false narratives, which are used as a justification for continued human rights abuses as well as for the stagnation of the process of institutional reform. Third, there are more than a few human rights defenders scattered throughout Indonesia who continually work for the porotection and fulfillment of victim’s rights (justice, truth, reparations, and protection from further abuses) and it is important that we always remember and support their work.

Taking these three facts into account, it is important that we come together to remember the stories of the victims of serious human rights violations so that we can speak the truth and struggle for justice. We invite you all to commemorate this important day in solidarity and support the struggle to demand that the Republic of Indonesia take responsibility for fulfilling the rights of its victims.

Many cases of human rights violations have added to the suffering of the Papuan people, trampling on the self-respect and dignity of the humanity of Papuans, practiced by an uncaring State which disregards the cases of human right s violations in the land of Papua, including: Bloody Biak 1998; Abepura 7 December 2000; Wasior 13 June 2001; Bloody Wamena 6 October 2000 and 4 April 2003; the murder of Theys H. Eluay and the disappearance of Aristoteles Masoka on 10 November 2001; Abepura, 16 March 2006, and the shooting of Opinus Tabuni on 9 August 2008.

Out of all the cases mentioned above, only the incidents of Abepura 2000 have even been brought to trial, in the human rights court of Makassar. Meanwhile the legal process in the cases of Wasior and Wamena has stagnated in a futile tug-of-war between the Attorney General’s Office and the National Human Rights Commission in Jakarta. This despite the fact that these two cases clearly fall into the category of serious human rights abuses, as per the conclusions of the investigation performed by the National Human Rights Commission of Indonesia. Because of this, SKPHP is spearheading a cooperative effort to highlight the cases of serious human rights violations in the land of Papua. As part of this campaign, SKPHP would like to make the following statements:

1.TO THE PUBLIC: THAT BEGINNING THIS YEAR OF 2011, EVERY 24TH OF MARCH SHALL BE COMMEMORATED AS THE DAY OF VICTIM’S RIGHTS TO TRUTH AND JUSTICE.
2.WE URGE THE ATTORNEY GENERAL OF THE REPUBLIC OF INDONESIA TO SOON RESOLVE THE LEGAL PROCESS IN THE CASES OF WSIOR AND WAMENA.
3.URGE THE PRESIDENT OF THE REPUBLIC OF INDONESIA TO SOON RESOLVE THE CASES OF SERIOUS HUMAN RIGHTS VIOLATIONS OF WASIOR AND WAMENA.
4.TO THE GOVERNOR OF PAPUA, PAPUAN LEGISLATURE, AND PAPUAN PEOPLE’S COUNCIL TO INSTITUTE A FORMAL EVALUATION OF THE CASES OF HUMAN RIGHTS VIOLATIONS IN THE LAND OF PAPUA.
5.TO THE HEAD PLICE COMMISSIONAR OF PAPUA: MUST IMMEDIATELY TAKE ACTION TO RESOLVE THE LEGAL PROCESS IN THE CASE OF THE SHOOTING OF OPINUS TABUNI.
6.IMMEDIATELY CREATE A HUMAN RIGHTS COURT IN PAPUA, AS IS MANDATED IN THE SPECIAL AUTONOMY LAWS OF PAPUA.

Jayapura, 24 March 2011
With respect,

SKPHP

Documentation Of Human Rights 2010

Commission for the Disappeared and Victims of Violence (KontraS) Papua and Bersatu Untuk Kebenaran (BUK)

“Still Questioning the Responsibility of the State and the Implementation of Human Rights in Papua”

 Jayapura – As the year comes to a close, KontraS Papua and United for Truth (BUK) called a press conference on Wednesday, 22 December at 02:30 in the office of KontraS Papua.
This press conference was a reflection on the record of human rights violations in Papua during the year 2010. These human rights violations have not yet been taken up by the legal system, nor taken seriously by the government, nor has there been any effort to prevent or resolve the cases of human rights abuses in Papua.

These points were made by the coordinator of KontraS Papua, Harry Maturbongs, SH; the coordinator of BUK, Peneas Lokbere; and Olga Hamadi, SH, Msc.
During this press conference, Olga explained that the failure of the state to respond to human rights abuses in Papua during this year has resulted in a feeling of insecurity for the people of Papua because they are still subject to practices which result in victims\, both on the side of the civilian population and on the side of the security forces. Harry Maturbongs added that the cases of human rights violations are mostly directed at one tribe, that is, the people of the Papuan highlands, and if the security forces do not resolve these cases, then the civilian population will continue to live in fear.
Peneas stated that the Special Autonomy legislation has not produced any positive effects for the victims of human rights abuses in Papua. It is highly regrettable that the government is not serious about dealing with the plight of the victims. Until now, the government has not even evaluated any of the cases of human rights violations that have occurred in Papua.
It is guaranteed under Indonesian Human Rights Law that, according to Law number 39, paragraph 100, 1999; “Every person, group, political organization, community organization, NGO, or other community institution, has the right to participate in the protection, maintenance, and progression of Human Rights.” This is reiterated by Special Autonomy Legislation page XII, paragraph 5, verse (1); “The government, the provincial government, and the population of the province of Papua has the obligation to uphold, promote, protect and respect Human Rights in the Province of Papua.”
Until now, however, the practice of upholding human rights in Indonesia, especially in Papua, has not been managed well at all. Many people suffer from discrimination and negative profiling from the forces of law and from the government, despite the regulations and and legal guarantees supposedly protecting their human rights. Because of this, KontraS Papua would like to take this opportunity to report on the situation of human rights in 2010, and to give special attention to several issues which are especially important to the upholding of human rights in Papua. Among others, these issues are as follows:

First: The failure of the state to respond to the violence in Papua this year has resulted in a feeling of insecurity for the people of Papua because the community still suffers under patterns of violence which continue to claim victims from both the civil society as well as from the security forces.
We can divide the cases which have occurred just this year in Papua, into several categories of violence.
These include: Horizontal violence – such as the tribal war in Kwamki Lama, the clash between a group of Nafri people and Highlands people, and finally the case of the attack on Yoka Village.
Structural violence – in which the security forces are the perpetrator of violent acts. We still remember the legacy of the shooting of Yawan Yaweni in Serui, the shooting of a civilian in Expo Waena, the shooting of a citizen from the community in Wamena, the shooting in Harapan Sentani Village, the shooting in Manokwari, the violence documented in the infamous YouTube video and the violence covered up in Puncak Jaya, which was discovered by representatives of Komnas HAM Papua, the case in Bolakme, and the shooting in Kamkey. In the case of the video of violence towards the citizen in Tingginambut, the mechanism of Human Rights Justice was very far from the human rights standards that have been ratified by the government of Indonesia {that is, the Convention on the Rights of Civil Politics (Law Number 12, 2005) and the Convention Against Torture (Law Number 5, 1998)}, which supposedly clarify the principles of a fair trial. In fact, the “resolutions” of the previously mentioned cases have not given any sense of justice to the victims.
Violence by Unidentified Groups – like the shooting in the area of PT Freeport, the Terror in Puncak Jaya, the Shooting in Puncak Jaya, the Terrorizing of reporters in Merauke that culminated in the murder of a reporter in Merauke, and the Shooting in Nafri Village where the police have yet to identify any suspects. These incidents set a bad precedent for the performance of the police, in the eyes of the public.

Second: Regarding the issue of the escapes of convicts and detainees in Papua; such as those which occurred from Abepura Prison. It was recorded that on Monday, 3 May 2010, at least 18 convicts and detainees ran away, which resulted in seven prison guards scheduled to be on duty that day, being threatened with being fired. On 7 June 2010, as many as 26 residents of Abepura Prison ran away, including 15 convicts and 11 detainees. On 5 June 2010, as many as 3 convicts and detainees escaped from the neighborhood of Abepura Prison, and most recently, on 3 December 2010, as many as 5 convicts escaped from the neighborhood of Abepura Prison which resulted in one of the convicts, a man named Miron Wetipo, being shot dead. This event culminated in an incident where Filep Karma, Buctar Tabuni, Dominggus Pulalo, Danny Lopez Karubaba and Alex Elopere transferred from Abepura Prison to the Papuan Provincial Police Station where they remain, detained as witnesses to the aforementioned incident. During 2010, a total number of 52 convicts and detainees escaped from Abepura Prison, including one who was shot dead. Until now, the public has yet to receive accurate information regarding whether the convicts and detainees that escaped have been returned to Abepura Prison or not, because there have been no public statements made about these incidents.
In Manokwari, it was recorded that 11 convicts escaped from Manokwari Prison. This case continued with charges being brought against 7 employees (Class IIB) of Manokwari Prison as suspects, including the Warden of Manokwari Prison.

Third: The garish political cases which were framed by the anti-sedition laws in 2010. According to the records of KontraS Papua, there were 7 people that were accused of sedition in the National Court of Jayapura. In addition, there were 7 other people whose (sedition) cases are still being investigated by the District Attorney of Jayapura. In Wamena, as many as 8 people are under investigation by Wamena Police. (Ed.- It is my understanding that those who are being investigated, are also detained.) In Biak, one person was tried by the National Court of Biak and at this moment the case is under appeal by the District Attorney of Biak. In Manokwari, 7 people are currently in custody of Manokwari Police on sedition charges. From the aforementioned cases, it can be seen that the year 2010 saw 30 people accused (and most now being tried) for sedition.

Fourth: The inability of the national institutions to uphold human rights has resulted in incomplete protection, contruction, and progress of Human Rights in Papua. The institutions which are supposed to uphold human rights in Papua have not yet been empowered to carry out their duties. (The Human Rights Court and the Truth and Reconciliation Commission do not yet exist, and the Commission on Human Rights Papua is still weak.) Because of this, human righs violations in Papua have not been resolved. For instance, the case of human rights abuses in Wasior 2001 and Wamena 2003, wherein there has still been no legal responsibility assigned, which only strengthens the culture of state-sponsered impunity.
The effort by the federal and provincial governments to give expression to Truth and Reconciliation by formulating human rights policies at the federal and provincial levels has yet to be achieved. The proof of this is that there no legal regulations regarding Truth and Reconciliation. Neither has the state fulfilled its duties regarding the Rights to Reparation. which include Compensation, Restitution, and Rehabilitation for victims. In fact, there is not a single policy specifically designed to guarantee rehabilitation for the victims and the famiilies of victims of human rights violations in Papua.

It is absolutely critical that the federal and provincial governments resolve the above four issues concerning human rights and the legal system. The national and regional governments must be committed and brave enough to create the necessary breakthroughs regarding human rights issues and the maintenance of human rights.

-The government should use the momentum of its 2010 year-end statements to broadcast strategic plans for upholding its responsibilities regarding Law and Human Rights, plans which specifically clarify the vision for handling the problems of Human Rights in Papua.

-Regarding the problem of horizontal violence in Papua; the Papuan People’s Council (MRP), as a cultural institution, must have the ability to create regulations to protect the social order at the level of Tribe, Tradition, Religion, and other levels. These regulations should build on concepts of dialogue between communities to better preserve a more harmonious social order.

-Regarding structural violence, the National Human Rights Commission (Komnas HAM), along with its Papuan branch office, must carry out in-depth investigations, determining whether the cases mentioned above constitute serious human rights abuses or not. They must take into account the human rights standards which have been ratified by the government itself, including the Convention on Civil and Political rights (Law Number 12, 2005) and the Convention Against Torture (Law Number 5, 1998).
It is also especially important that the entire Police institution is socialized and understands the National Police Chief’s Regulation Number 8, 2009, regarding the Implementation of the Principles and Standards of Human Rights Within the Duties of the Indonesian Police.

- Regarding violence carried out by unidentified groups, the security forces (police and military) haven’t come to any conclusions (at least none that they have shared with the public) regarding the involvement of groups or individuals who may have incited violence among the community. The (national) Police should be able to pronounce some suspects in the aforementioned cases, in order to create a feeling of some security within the community.

-The Papuan Provincial Government, the Department of Law and Human Rights, the Correctional System, and the Papuan Legislature, as the overseeing institutions, should get together to impartially evaluate and improve the entire prison system to create a feeling of safety and security for both the civilian population and the prison employees. There must be continuing positive development within the prison system, including the minimizing of the kind of incidents which have occurred recently. In regards to the incident at Abepura Prison on 3 December 2010, the authorities need to look closely at the incident in order to take precise steps to resolve the issues and promote fair and due process.

-The various and garish cases of sedition in Papua indicate that the state needs to change the pattern of its legal approach to theses cases. Another pattern must be found, a pattern which can guarantee freedom of expression for its citizens. In fact, the state should reconsider the use of the sedition laws within the context of the Indonesian legal code.

-The provincial government of Papua needs to strengthen the powers of the Papuan Branch of the National Human Rights Commission (Komnas HAM Papua), and implement the content from the Special Autonomy legislation, especially Chapter XII on Human Rights, Paragraphs 45 and 46. It is important that the state take an active role in finding effective avenues to recovery and rehabilitation for the victims of human rights violations in Papua.

-It is important for ALL parties, including the National Government, the Papuan provincial government, the Papuan legislature, the Papuan People’s Council, the Papuan Branch of the National Human Rights Commission, the Military, the Police, the Department of Law and Human Rights, human rights NGOs, community leaders, traditional leaders, and religious leaders actively participate in the protection, maintenance, and progress of human rights in Papua.

 KontraS Papua                                    Bersatu Untuk Kebenaran
 

As part of the commemoration of World Human Rights Day, on Friday, December 10, 2010, The Cooperative Network of Papuan Women and BUK (United for Truth) have jointly created several agendas and exhibitions. Located in the courtyard of the MRP (Papuan People’s Council), in the city of Kotaraja Jayapura- Papua Province, the exhibitions included; photo displays of victims, traditional basketry, speeches about human rights, a candlelit vigil featuring 1000 candles, music, and communal prayers. The activities were opened by the vice-chair of the MRP(Ir. Frans Waspakir), who gave a speech reflecting on the human rights situation in Papua, and how to protect, maintain, and promote human rights in the Land of Papua.

The voices of the survivors: When will the government of President Susilo Bambang Yudoyono openly and honestly take responsibility for the many cases of human rights violations in the Land of Papua? If the Government in Jakarta truly believes that Papua is a part of the Unified Republic of Indonesia, it should immediately proceed with the legal processes of the Wasior and Wamena Cases, which until now have been stalled in a tug-of-war between the Attorney General’s Office and the National Human Rights Commission. All the victims and survivors of human rights abuses in Papua need the support of every part of the community to apply pressure and to speak out against the injustices which have occurred in the Land of Papua.
There were various banners at the event, printed with the following statements:
 
I.     REFLECTIONS OF A THOUSAND CANDLES
Commemoration of World Human Rights Day 10 December 2010
16 Day Campaign to Stop the Violence Against the Women of Papua
 
II.  PAPUA NOT FORGOTTEN
Atrocities Committed By The State
1.      Abepura Case, 7 December 2000
2.      Kidnapping and murder of Theys H. Eluay and Aristoteles Masoka, 10 November 2001
3.      Wasior Case, 13 June 2001
4.      Wamena Case, 4 April 2003
5.      Shooting of Opinus Tabuni 9 August 2008 along with other crimes against humanity
6.      Cases of torture in Tingginambaut, Kabupaten Puncak Jaya, 2004-2010
7.      Past human rights abuses: Wamena Case 1977, Mapnduma Case 1996,  Bloody Biak 1998, Bloody Cenderawasih University 1998, Bloody Sorong 5 Juli 1999, Timika Case of 1999, etc., etc.
 
 

Press Release
“Papua Not Forgotten”

The incidents of Bloody Abepura, 7 December 2000, began with the attack on the Abepura Police Station by an unidentified group, along with the burning of some shops located in the Abepura traffic circle, at approximately 02:00 (Eastern Indonesian Time). Those who attacked the police station used weapons and other accessories which are specific to the people of the Papuan central highlands. These attributes of the attackers were used to legitimize the subsequent brutal and inhumane actions by the security forces (police and military) against the civilian population. The outcome of the attack on the police station was that one police officer was killed and two others wounded.
With the excuse of pursuing the people behind the attack on the Abepura police station, Brimob (Mobile Brigade-Police Special Forces) units conducted brutal sweepings at many student dormitories (Ninmin, Ikatan Mamahasiswa Ilaga, and Yapen Waropen) as well as in neighborhoods of Papuans from the central highlands; Kampung Butong Skyland, Jalan Baru Kotaraja and Abepantai, among others. Without following legal procedures (such as, for example, conducting an investigation and then searching for primary suspects), the Brimob forces immediately began conducting sweepings, arbitrary arrests, torture, extrajudicial killings, imprisonment without due process, and death while in police custody. As many as 105 civilians suffered direct violence from the police forces. Three people died during the police operation (Elkus Suhuniap was shot dead during a sweeping and both Jonny Karunggu and Ory Ndoronggi died in their cells at Jayapura city police station) and seven more people died later as a result of the torture they experienced at the hands of the police.

The Abepura case falls into the category of serious human rights violations, based on the results of an investigation by the Commission of Inquiry into Rights Abuses in Papua (formed by the National Human Rights Commission). Following the mandate of Law Number 26, 2000, concerning the establishment of a permanent human rights court, the Abepura case was tried in the Human Rights Court of Makassar on 8-9 November 2005. The trial process was very much delayed and secretive, giving rise to the impression that the trial was only for show, wherein the judge, the public prosecutor and the perpetrators were all collaborating together.

The two principal suspects who were brought to trial were Police Commissioner Daud Sihombing and the head of Brimob Papua; Johny Wainal Usman. The court’s decision to unconditionally free both men gave them impunity and restored their good names, in addition to the promotions both subsequently received from the government. The court’s decision also labeled the victims as separatists and refused to offer reparations.

The state of Indonesia remains senseless towards the many cases of human rights violations in the land of Papua. These include, among many others; Bloody Biak 1998; Bloody Abepura 7 December 2000; Wasior 13 June 2001; Bloody Wamena 6 October 2000 and 4 April 2003; the murder of Theys H. Eluay and the disappearance of Aristoteles Masoka on 10 November 2001; Abepura 16 March 2006, and the shooting death of Opinus Tabuni on 9 August 2008. From so many cases of serious human rights violations, only Abepura 2000 has ever even been tried in the human rights court of Makassar. Meanwhile, the fate of the cases of Wasior and Wamena remains in limbo as the legal process has completely stalled, caught in a tug of war between the Attorney General’s office and the National Human Rights Commission in Jakarta. This, despite the fact that the Wasior and Wamena cases also fall into the category of serious human rights violations, according to an investigation by the National Human Rights Commission.

The situation in Papua these days is characterized by a repressive military and continuing patterns of violence by the security forces (police and military) towards civilians. This situation is worsened further by the ongoing restriction of space for democratic expression, exemplified by the police actions of conducting sweepings, arbitrary arrests, torture, murder, imprisonment without due process and death while in custody. Within prison, there is no access to healthcare and prisoners of Papuan descent are still tortured while in custody. Examples include: Filep Karma, Ferdinan Pakage, Seby Sambom, Ardi Sugumold and Maikel Heselo.

On 3 December 2010, 22:00, political prisoners Filep Karma and Buchtar Tabuni Cs, were forcibly transferred from Abepura prison to Papuan Police headquarters because they were accused of instigating a protest at Abepura prison. Neither the warden of Abepura prison, the Department of Justice and Human Rights, nor the Papuan Police, released any written statement to the public giving a reason for the transfer, even though the transfer has now closed off access to the two prisoners. Since the transfer, it is now very difficult for the families and friends of the two men to visit them. The Department of Justice and Human Rights and the Warden of Abepura prison have no good intention of resolving this issue, so they have given it over to the authority of the Police. The result is that Filep Karma and Buchtar Tabuni Cs are the ones who suffer. Who takes responsibility for the health of Filep Karma? Because he is still supposed to be receiving therapy and he is still healing from his recent prostate operation. Despite his condition, Mr. Karma has been on a hunger strike since 4 December 2010.

Thus, we who are gathered together as the Solidarity Organization of Victims of Human Rights Abuses in Papua (SKPHP), demand the following:

1.The Government of Indonesia must fulfill the rights of victims (of state violence).

2.The President of the Republic of Indonesia must immediately resolve the cases of serious human rights violations of Wamena and Wasior.

3.The Governor of Papua, the Papuan Legislature, and the Papuan People’s Council must push for a formal evaluation of the security policies in Papua.

4.The Warden of Abepura Prison, the Department of Justice and Human Rights, and the Papuan Police must immediately return the prisoners Filep Karma and Buchtar Tabuni Cs to the Abepura Prison (from the Narcotics Prison in Doyo Lama, to where they have been recently moved).

5.The Chief of Police of Papua must immediately follow through with the legal processes regarding the cases of the disappearance of Aristoteles Masoka and the shooting of Opinus Tabuni.

6.The Government must immediately create a human rights court in Papua, as is mandated by the Papuan Special Autonomy laws.

Jayapura, 7 December 2010

With Respect

BUK has been preparing all year for this annual commemoration of Bloody Abepura, but today (Monday, 6 December, 2010) the police would not give permission for the commemoration activity to go forward. The reason given by the police was the unstable security situation in the city of Jayapura following the shooting death of a civilian by members of the security forces on 28 November 2010, in the Nafri village of Red Mountain. The incident began when members of the military (TNI) and the Police performed a sweeping, raiding a civilian house which they suspected was a TPN-OPM (Free Papua Movement) base. During the raid by security forces, one civilian tried to run and was shot dead. Eight other civilians were arrested and are still detained at Papuan Police headquarters (as of this writing – 6 Dcember 2010). Because the man killed was a member of a group which also includes political prisoners currently in Abepura Prison, the shooting is regarded by many as an intentional provocation, designed to anger the inmates of Abepura Prison. Indeed, the prisoners staged a protest about the shooting of their comrade. Political prisoners Filep Karma and Bucthar Tabuni, as well as 3 non-political prisoners, were transferred to Papua Police headquarters based on the suspicion that these 5 initiated the prisoner protest. Also, activist Seby Sambom was arrested at the Sentani (Jayapura) airport as he was preparing to depart for Jakarta at 08:30 on the morning of 3 December 2010. Seby Sambom was subsequently booked into the Narcotics Prison at Doyo, Sentani.

1.To formulate an initiative for commemoration and reparations on behalf of the victims of human rights violations in Papua.
2.To discuss transitional justice as a means to resolve past cases of human rights abuses, based on the rights of victims of human rights violations in Papua.

The workshop resulted in the creation of a strategic agenda, for both the executive board of BUK in Jayapura, as well as for the regional branches of BUK throughout Papua.

The goals of the workshop were twofold:

1.To formulate an initiative for commemoration and reparations on behalf of the victims of human rights violations in Papua.
2.To discuss transitional justice as a means to resolve past cases of human rights abuses, based on the rights of victims of human rights violations in Papua.

The workshop resulted in the creation of a strategic agenda, for both the executive board of BUK in Jayapura, as well as for the regional branches of BUK throughout Papua.

The development of human rights in Indonesia until now is still impacted by a strong culture of impunity. The victims and the families of victims who have endured human rights abuses are still waiting for justice. Currently, there are various regulations concerning human rights, such as Law Number 39 (1999). These regulations are supported by mechanisms of resolving cases of human rights abuses that have been perpetrated in Indonesia, like Law number 26, 2000, which legislates the creation of a human rights court. However, by failing to implement its own laws, the state has committed many more human rights violations. Out of all the perpetrators who have abused their authority and utilized the power of the state to commit human rights abuses, not a single one has been convicted by the law, which implicitly denies the existence of the victims.

In the Papuan context, victims of human rights abuses and state violence are very conspicuous. Yet the government does not take seriously its responsibility to handle cases of human rights violations from the past, such as Wamena 1977, Mapnduma 1996, Bloody Biak 1998, Bloody Cenderawasih University 1998, Bloody Sorong 5 July 1999, and the Timika cases of 1999, as well as many others.

Special Autonomy for Papua brought the hope that there would be progress in the development of human rights in Papua, but the reality was regarded as impotent and a total failure. The concept and practice of human rights is still politicized and manipulated by the political forces of Jakarta. The development of human rights in Papua is still stuck on a dead-end street, even though there are currently 3 outstanding cases of serious human rights violations, according to the National Human Rights Commission. One of these, the case of Abepura 2000, has been tried in the Human Rights Court of Makassar, where the verdict granted unconditional freedom to the perpetrators (Jhoni Wainal Usman and Daud Sihombing). The other two are the cases of Wasior (13 June 2001) and Wamena (4 April 2003), wherein the legal process is still bogged down in a tug-of-war between the National Human Rights Commission and the Office of the Attorney General, without any clear justification.

Impunity in Indonesia, Papua

• Media is allied to those in charge
• Inter-community and intra-community communication is still weak (within Papua, between Papua and Jakarta)
• Human Rights Court is stuck and ineffective (all perpetrators freed and Law Number 26 needs to be revised) Example: the results of the trial of the Abepura (2000) Case
• The draft laws for the formation of a Truth and Reconciliation Commission are still very weak
• The representatives of the National Human Rights Commission still struggle with a weak mandate, lack of support, and difficulties with their role
• There is as yet no understanding of the responsibilities of the state for reparations, and victims of state violence have no access to RESPEK funding (provincial level village development funding program)
• The militarization of Papua; the expansion of the Provincial Military Command centers; the “war on terrorism”
• Criminals within the institutions of the Military and Police continue to be promoted
• As a group, victims continue to be marginalized and discriminated against.

Reflections By BUK

• It is difficult for Papuans to obtain any sembelance of justice. At the beginning of the Abepura case, it was like looking for a needle in a haystack
• Stigma and discrimination towards victims of human rights crimes in Papua continues
• The vision of solidarity for victims of human rights violations in Papua is not the issue
• In the ugly experience of the Abepura case, justice for Papuans was buried by the Human Rights Court of Makassar; but on the other hand, during this process, the victims have started to rise up to struggle for their rights without depending on anyone else.
• Previous activities of BUK have not lived up to their potential, because the accompaniment has not been clear enough and because there is as yet a lack of public support for the activities of the victims’ groups.
• BUK shall continue to be independent in the future

Reflections from the experience of BUK

• BUK is already a legal body; we need capacity development
• Members of BUK organize commemorations of cases of human rights violations
• Resources are minimal and funding doesn’t exist
• Cooperation with other human rights NGOs: we need to strengthen the cooperation between leaders and members
• There are area coordinators who are active and have good connections with members of the organisation, but support has recently declined, the amount of advocacy has been less and less. New cases have not been taken up.
• Moral strength, the testimony of victims: we need a place to gather and basic facilities for activities. The commemoration of cases is only done by victims’ groups; there is not much wider support yet. Public support is lacking. What’s important is the solidification of the existance of BUK, its vision and mission, and up-to-date development.

On 20-22 April 2010, BUK facilitated a workshop entitled “Coalition of Victims of Serious Human Rights Violations in Papua”. This activity was supported by various NGOs, both local to Papua and national. Among others; Foker LSM Papua, KontraS Papua, ICTJ, IKOHI, Kontras Jakarta, and Praxis. This activity was carried out over 3 days. During the workshop, various recommendations were made for an agenda that should be carried out by BUK during the period 2010-2013.

Solidarity Movement of Survivors of Human Rights Violations in Papua

(BUK, IKOHIK2N-P2A, KontraS Papua, Foker LSM, SKP Jayapura, UKM Dehaling UnCen, BPM Fakultas UnCen, Senat USTJ, Senat STFT, PMKRI, AMPTPI, Front Pepera, Garda-P, Parjal, KNPB, Asrama Ninmin, Asrama Nabire, Asrama Nayak, Asrama Fak-Fak, Asrama UnCen, Asrama Sorong)

Commemoration of World Human Rights Day

10 December 2009

Press Release

“Stop Exterminating the People and Natural Environment of Papua”

Reflecting on the condition of Human Rights in Papua, from the 1960s until today, there is as yet no upholding of the law or of human rights -not in the international community, nor in Indonesia, nor in the land of Papua. This despite the fact that Human Rights are rights that are closely linked to the people and the community culture of Papua. All aspects Human Rights are very important and fundamental – in the civil, political, economic, social, and cultural spheres. Human Rights are not just a part of national rights that should be limited by the Government, nor should Human Rights be regulated by the vertical and horizontal institutions that act both directly and indirectly in Indonesia. The Government of Indonesia has yet to fulfill its own principles of protection, respect, and advancement of the rule of law. The ratification of International Human Rights conventions, under the authority of the United Nations, is still merely used as a political tool that only fills and stifles the embarrassment of the fact that the Indonesian Government is a part of the political system of global reconstruction, along with the international community, and other self-interested international parties.

The natural environment and the people of Papua themselves are still just a part of a long process of political reconstruction, which, in the past, has involved the United Nations as well as individual nations, such as England, Germany, Holland, Japan, America, and Indonesia. This process must be finished, because it has already resulted in complex, critical, and repeated human rights violations. The cases of human rights violations in the land of Papua must be put on the agenda and specifically discussed within the Human Rights Commission of the United Nations, not excused merely as an issue of “national rights” by the government of Indonesia. From the beginning, Indonesia itself was involved in the 25 year process of the development of the Rome Statute, from 30 September 1962 until 1 May 1988. Yet the status of Papua continues to be extended until now, including the Special Autonomy Legislation (Otsus 25).

The provisions and implications of “development” impact the cases of human rights violations that occur these days in Papua. These human rights violations have swallowed many victims, through both direct and indirect means. These human rights violations are committed by the country of Indonesia with the involvement of PT Freeport and other foreign corporations, as well as national and local corporations, towards the natural environment and people of Papua. These human rights violations occurred in the past, occur today, and continue to expand at a highly complex and critical level.

The people’s rights to their land, to the forest, and to other natural resources have been plundered. Destruction of the natural environment and loss of the resources of the natural environment, especially in the area around PT Freeport, still continues to this day.

Whereas in the past it was ABRI (Indonesian armed forces), now it is the TNI (current name for the Indonesian armed forces) and the police, who use such methods of violence as those used in a special military operations area. These methods include: forced disappearance, genocide, subversion, and other crimes against humanity, both obvious and hidden within the current process of development. Operations of this sort that have already been carried out include: Operation Sadar (1965-23 March 1966), led by Brigjen R. Kartidjo; Operation Barata Yudha (23 Maret 1966- 1967), led by Brigjen R. Bintaro; Operation Wibawa (1967-1969); Operation Pamungkas (1969-1971); and the slaughter of the Dani people in 1977.

Indonesia did not bring a decent design for development to the land of Papua, until the recent Era of Reformation. Reformation, as a part of the political process that is directed at the crisis of law and human rights in Indonesia, also includes the Era of Special Autonomy in Papua that is characterized by protection and affirmation. Thus it was only recently that the Government of Indonesia created Law Number 39 in 1999, and Law Number 26 in 2000, which dealt with a court of Human Rights.

Then came the Special Autonomy Law in Papua Province, which included provisions for a Delegation of the National Human Rights Commission in Papua, a Human Rights Court, and a Truth and Reconciliation Committee – all of which supposed have been set up by the Ad Hoc Legal Commission and drafted as national human rights legislation. Actually this is erroneous and incorrect, because these three institutions mentioned in Section 32 of the Special Autonomy Legislation are based on International Human Rights Law and should be implemented universally. One example is the human rights court case of Abepura 2000, that was tried in Makassar. This trial was a nightmare for the victims, both the victims of Abepura and victims of other human rights cases in Papua. It was only a mock trial, a show; there were victims, but no perpretrators, the court process was very delayed and closed, the outcome was only administrative, and it was ended by the judge, without giving the two accused (Jhoni Wainal Usman and Daud Sihombing) any kind of penalty at all. This despite the fact that the accused were responsible for the victimization of 105 civilians and students, wherein 3 civilians died during the events of Abepura and 7 more died from cruel torture and hemorrhaging. This is all very obvious, but the State did not carry out sanctions of any kind towards these 2 perpratrators of crimes against humanity. Instead, the State glorified the names of Jhoni Wainal Usman and Daud Sihombing and gave them promotions.

The Case of Human Rights Violations of Bloody Abepura, 7 December 2000, will become an example of all other cases of human rights violations in Papua, within the context of Indonesian Law; such as Bloody Biak 1999, Wasior 13 June 2001, Bloody Wamena 6 October 2000 and 4 April 2003, the murder of Theys Eluay and the disappearance of Aristoteles Masoka on 10 November 2001, the shooting of Opinus Tabuni on 9 August 2008 (about which, until now, the police have yet to pronounce any suspects), the murder of Melkianus Agapa in Nabire by the police in 2009, and the shooting of several Papuan citizen gold miners at the tailings area of PT Freeport in 2006.

The most recent development is the stigmatization of the people of Papua as seperatist or subversive by the security forces (military and police). This stigmatization manifests as arbitrary arrests, pursuit and instigation, in order to curtail the human rights movement and democracy in the land of Papua. This pattern can be seen in the most recent cases, such as Filip Karma, Yusaf Pakage, Selfius Bobi and his comrades, Buchtar Tabuni, Seby Sembom and his comrades, Musa Diaz, Yance MTE. In addition, the influx of TNI (military) and police to Papua continues to increase, both organic forces (recruited from local population) and non-organic forces (recruited from outside of Papua), deployed to serve under the new military provincial command centers in Papua which are justified as necessary for “security”. Another serious issue is that all this is happening during the period of the ambiguous “Special Autonomy”, including the division of Papua into more provinces, the addition of 2 more provincial military command centers, and the return of refugees from Papua New Guinea. The returning of the refugees from PNG was not done according to international legal procedures, especially the refugees of the events of 1984, who were surrendered by the UN through the UNHCR to the government of PNG in 1992, but whose fate is still unclear.

The increase in the number of security forces also has the dimension of draining the natural resources, both metal and non-metal, from the natural environment of Papua. The upshot is that wherever the (native) people have traditional rights to their resources, they come into conflict with the security forces, which results in human rights violations. This exploitation (by the security forces) takes many forms: illegal logging, land seizure, illegal fishing, mining theft (such as that already done by PT Freeport, BP LNG Tangguh in Bintuni, and others), other kinds of illegal mining (like in Dewego, Paniai, that is allowed to continue by the federal government that colludes with the military, police, and government officials at both the provincial and local levels.

The government is unable to empower the indigenous people of Papua, rather the economic system is controlled by non-Papuan immigrants, which contributes to an increasing problem of discrimination towards the lifestyle of the Papuan people. Moreover, 72.72 % of the Papuan people live below the poverty line. Truly, with all the cruelty of the State towards the rights to life for Papuan people, its as if the Papuan people aren’t valued as human beings, as if the Papuan people aren’t human at all, because humans have the right to live. There is also a narrowing of space to grow local Papuan indigenous crops, so that the Papuan people become dependent upon subsidized rice, which has very low nutritional value. This shows the indifference of the government to developing the farming, gardening and fishing sectors of the economy for the benefit of the Papuan people. So that what will happen is a food crisis in the land of Papua.

Based on the aforementioned facts, we that are gathered as the Solidarity Movement of Survivors of Human Rights Violations in Papua, 10 December 2009, urge and demand the following:

1. United Nations should soon release a Resolution from the UN Commission on Human Rights, Commission on Indigenous Peoples, UNHRC and other international bodies, said resolution to detail a process of reconstruction that is humane, both for Papua and for other countries, effecting political reconstruction in Papua for the past present and future.
2. The environment and the people of Papua have suffered under a process of political reconstruction which has victimized the Papuan people through a process of integration of education, not political integration, that has given birth to political fugitives, refugees, genocide, various forms of stigmatization (such as subversion, seperatism, and “makar”), and the exploitation of natural resources. This process must be stopped.
3. Countries and multinational corporations that were involved in the political reconstruction of Papua in the past must take responsibility for the environment and people of Papua through a process of humane reconstruction for the benefit of the people of Papua as victims of human rights violations.
4. The international community must pay close attention to the fate of the victims of human rights abuses in Papua, through a process of reconstruction that is humane, especially towards victims of human rights violations.
5. Reconsider all the policies of Indonesia regarding the development of the Papuan people, especially policies of exploitation of natural resources, and stop the constant dividing up of provinces, districts, and cities, as well as stop plans to build more provincial military command centers.
6. The provincial legislature and the Governor of Papua must put a halt to all investment that damages or marginalizes the rights of the traditional community.
7. Urge the Governor, the provincial legislature, and Papuan Police, both in Papua Province and in West Papua Province, to push for formal evaluation of the security policies in the land of Papua and to give a rationalization for the amount of organic and non-organic military forces.
8. The provincial legislature must make draft bills to fulfill the rights of the victims of human rights violations in Papua, as the responsibility of the State.
9. The provincial legislature should urge the central government to free all Papuan political prisoners and create an Ad Hoc Team in order to investigate and completely go over the cases of violence and discrimination towards Papuan political prisoners throughout Indonesia.
10. The central government and the provincial government must prepare infrastructure (healthcare facilities) and seriously implement Free Healthcare and Free Education in order to progress and raise the productive cultural values of the Papuan People.
11. The provincial government and the provincial legislature must install a Traditional Market for the Indigenous Sellers of Papua as a concrete way of raising the people’s economy.

This is our statement,

Solidarity Movement of Survivors of Human Rights Violations in Papua

Thanks Be To God…!

You gave me this land, You also made me hard-working, tell me Your purpose.

Long live the struggle for Your people, who are the oppressed.