Jayapura, Jubi – The Asian Human Rights Commission (AHRC) has learned about six Pacific countries raising the subject of human rights violations in Papua in the General Debate of the Assembly’s 71st Session, on 26 September 2016.
“The six Pacific countries are Solomon Islands, Vanuatu, Nauru, the Marshall Islands, Tuvalu, and Tonga. The six Pacific countries called for the Indonesian government to address human rights violations in Papua; they have also called for West Papuan self-determination rights to be respected,” AHRC wrote in the statement received by Jubi on Monday (3/4/2016).
The AHRC said they deeply appreciates the point raised by the six Pacific countries, because human rights violations in Papua have occurred for decades and there is no serious effort by the Indonesian government to address the violations. The AHRC notes that ever since Papua integrated into Indonesian territory, many cases of human rights violations have occurred. The AHRC has reported and documented cases of human rights violations, for instance the Wasior and Wamena case, the Theys Hiyo Eluay murder case, enforced disappearance of Mr. Aristoteles Masoka, 1977 Puncak jaya case (allegation of Genocide), the Paniai case of 2014, and the Tolikara case.
The AHRC notes that the government has addressed none of the human rights violations in Papua. Furthermore, the judicial system does not function; the police have become party to the perpetrators that have committed violations; and there is no investigation into the involved Indonesian troops. We do not know the names of the units and the numbers of personnel involved. Such questions remain unanswered because the government has not earnestly sought to resolve the cases of these violations,
“Of course, the AHRC is aware that there are some initiatives undertaken by the government to deal with Papua, for instance the Accelerated Development Unit for Papua and West Papua (UP4B). This unit was established under President Susilo Bambang Yudhoyo’s administration (SBY). There is also the establishment of the human rights team under the National Commission on Human Rights (Komnas HAM) to address human right cases in Papua, the government policy of releasing political prisoners in Papua (under President Joko Widodo’s administration), and what took place when President Widodo started his presidential campaign from Papua,” said AHRC.
However, all efforts undertaken by the government have yielded no result for Papua. On the contrary, human rights violations are still ongoing; military personnel who killed Mr. They Hiyo Eluay have been promoted to the head of Intelligence Strategic Body (BAIS), and, in general, no justice and remedy for victims is to be found.
“Therefore, considering the above situation, the AHRC calls upon the government of Indonesia to seriously accept all points raised and recommendations made by the six Pacific countries; the government must open access for an independent body to monitor human rights protection in Papua,” AHRC concluded the statement.
Furthermore, the government of Indonesia must make earnest and immediate efforts to start peaceful dialogue with the Papuans and a credible and independent third party that is supported by the UN should facilitate the dialogue. (Victor Mambor)
Legal counsel Warinussy: We refute the prosecutor’s indictment and will submit an exception
Manokwari, Jubi – The legal counsel of three students who respectively arrested following the anti-racism protest in Manokwari on 3 September 2019 said he is ready to submit an exception against the public prosecutor’s indictment in the inaugural trial session held at the Manokwari District Court on Thursday (13/2/2020).
The three students took to the court after their involvement as orators and negotiators in a rally to protest the racism against Papuans at Gunung Salju Amban, Manokwari, on 3 September 2019, which attended by hundreds of protestors.
In the indictment, the prosecutor declared that the three defendants had said provocatives and resistance words against the police who were on duty securing the demonstration.
As the results of their provocative words, the protest mob had moved to fight the police by throwing water mineral bottles and stones to the police, causing injuries to the police.
Meanwhile, Yan Christian Warinussy as the legal counsel team chief said his clients Erik Aliknoe, Pende Mirin and Yunus Aliknoe had not been able to accept the prosecutor’s indictment. Regarding this, his team will submit an exception in the next hearing session.
“We ask for a week to study the indictment as well as to prepare an exception,” said Warinussy.
On the other hand, Benoni A Kombado in the indictment stated that the three defendants had violated the public speech as regulated in article 106 of the Criminal Code in conjunction with article 55 paragraph 1 to 1e of the Criminal Code.
On the request by the legal counsel of the three defendants, the Chair Judge Sonny L.B. Loemurry suspended the trial and said it would be resumed on Thursday, 20 February 2020 with the agenda of hearing the exception by the legal counsel on the prosecutor’s indictment. (*)
Reporter: Hans Kapisa
Editor: Pipit Maizier
Sayang Mandabayan charged with treason, legal counsellor applying an exception
Manokwari, Jubi – The Public Prosecutor of the Manokwari District Attorney accused Sayang Mandabayan with treason article 106 in conjunction with article 53 of the Indonesian Criminal Code in the indictment reading at the Manokwari District Court on Thursday (13/02/2020).
In the indictment, the public prosecutor from the Manowari District Attorney General Benoni A. Kambado indicted the defendant Sayang Mandabayan participating as an orator in the anti-racism protest in Sorong City on 19 August 2019 which ended in chaos.
Furthermore, he appointed that with the same intention, the defendant left for Manokwari on 3 September 2019 to attend the similar protest on the same day. However, the police and airport security officers arrested her and seized her luggage at Rendani Airport, Manokwari.
The public prosecutor also mentioned in the indictment that, with her own initiative, Mandabayan had prepared 1,496 miniatures of morning star flag made by paper and stick, 4 pieces of white t-shirts with monkey images and 3 reams of printed song lyrics ‘Dari Ombak Besar’ and ‘Hai Tanahku Papua’.
Meanwhile, Mandabayan’s legal counsel Metuzalak Awom said he would file an objection against the indictment, given that the location of the trial and the place of detention against his clients are under the jurisdiction of Manokwari.
“We will submit an exception because of the facts mentioned in the indictment were not match with the locus (place) of the incident,” he told Jubi on Thursday (13/2/2020) in Manokwari.
Furthermore, he considered there was an attempt of criminalisation against his client by connecting the incident in Sorong with the arrest of Mandabayan at Rendani Manokwari Airport.
“Whether it would be accepted or not, our exception would clearly be an early indication to the prosecutor’s indictment before we are going into the substantive matter,” he said.
In the meantime, the panel judges chair Faisal Kossah approved the request of Mandabayan’s attorney to conduct an exception.
“We suspend the hearing until next week on 20 February 2020 with the agenda of hearing the exception by the legal counsellor on the prosecutor’s indictment,” concluded Faisal. (*)
Reporter: Hans Kapisa
Editor: Pipit Maizier
Stop criminalization over Papuan activists and free political prisoners
Jayapura, Jubi – The rights of freedom of expression in the second administration period of President Joko Widodo have still in concern to human rights activists. Democracy index 2019 released by Economist Intelligence Unit (EIU) put the democracy in Indonesia is the category of flawed democracy with index 6.48.
“One of the factors contributing to this low rate index is control and repressive acts such as the restriction over freedom of assembly and expression. The restriction of civil movements including student’s rally, criminalization against activists, farmers and students to restriction on freedom of expression on political free choice of indigenous Papuans,” said the Deputy Director of ELSAM (Institute of Human Rights Studies and Advocacy) Andi Muttaqien in a release received by Jubi on Saturday (8/2/2020).
According to him, the restriction against the freedom of political expression of indigenous Papuans has raised an assumption that the Government of Indonesia had been placing Papuans as “the second-class citizen” who has no rights to express their political view and opinion.
“The human rights issue and conflict in Papua has endured for decades and never been solved until today. The central government seems to neglect indigenous Papuans to be minorities and marginalized in their own land. The security forces have acted repressively to any forms of the political expression of indigenous Papuans by giving them a stigma as a separatist,” he said.
Based on monitoring and documentation conducted by ELSHAM in the second quarter (August-December) of 2019, the criminalization against the Papuan political activists has increased drastically. The security forces have massively seized Papuans on many occasions. These acts have mostly ended in the arrestation and detention of Papuans.
ELSHAM’s data showed that as per 28 January 2020, there are 100 Papuan political prisoners behind bars.
Earlier, Papuan Behind Bars confirmed 26 political prisoners detained in Papua in 2018, consisted of 25 indigenous Papuans and a journalist of Poland national Jakob Skrzypski. But, the number of political prisoners in 2019 has sharply increased to 77 new prisoners who arrested in civil demonstrations during August and September 2019. The increase happened concerning the incident of racist taunts towards Papuan students on Monday, 16 August 2019.
There are also some cases against Papuan political activists which seized public attention. It includes the case against Septi Meidogda (Gempar Papua Chairman) arrested in Manokwari on 18 September 2019 and charged with Information (ITE) Law by accusing him to provoke the public on Facebook dated 17 September 2019.
Then, the case of Mispo Gwijangge who accused to murder 30 construction workers in Nduga on 2 December 2018. There are flawed aspects related to his arrest, such as he does not understand Indonesian and only speak his local dialect. Mispo is illiterate. He cannot write, read and count nor able to specify the day or date. He does not know his date of birth and his age. During the investigation, he even did not understand any questions posed by the police officers.
Next, the case involved six political prisoners Surya Anta, Charles Kossay, Dano Tabuni, Issay Wenda, Ambrosius Mulait and Ariana Elopere who currently detained at Salemba prison, Jakarta for treason because of raising the Morning Star in front of the Presidential Palace on 28 August 2019. The police arrested them two days after the rally. Currently, most political prisoners are undergoing the trial at court. However, some prisoners are now in home-detention, while others are still in prison.
“The use of treason article and ITE Law against Papuan political prisoners are exaggerated and not necessary. Therefore, each person who considered doing the treason act and brought to court should be released,” he said.
ELSHAM considers that the restriction to the rights of freedom of expression imposed by the treason article has gone beyond the International Covenant on Civil and Political Rights, which ratified by the Indonesian Government. The detention against citizens by state because of their political view also considered violating the rights to freedom of expression and opinion in which protected by Article 28 of the 1945 Constitution and other laws.
“President Jokowi should instruct the Attorney General to immediately stop or withdraw all charges against defendants and or Papuan political prisoners who accused with treason and ITE articles,” he said.
ELSHAM also asked the Indonesian Police Chief to order his staff to use a dialogical approach and stop all forms of discrimination against Papuan activists. (*)
Reporter: Yance Wenda
Editor: Pipit Maizier
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