AHRC – KontraS (The Commission for the Disappeared and Victims of Violence), SETARA Institute, AHRC (Asian Human Rights Commission), ICTJ (International Center for Transitional Justice, PGI (Indonesian Church Fellowship) and PI (Protection International) welcome the recommendation of the UPR (Universal Periodical Review) session released on May 25, 2012.

The UPR Session has released a number of recommendations in regards to human rights enforcement that we see as important and must be followed up by the Indonesian Government in the next four years. It is recorded that a total of 74 member countries participated in the session that was held on 23rd of May 2102 and made reviews on Indonesia’s national report on human rights.
27 out of them were members of the UN Human Rights Council, with 47 other members coming from observer countries. It is also noted that ASEAN member states also participated in reviewing the human rights condition in Indonesia. Regarding the recommendation adopted by the UPR 2nd Cycle’s Working Group, we see this document as adequately comprehensive to measure the commitment of the Government of Indonesia in enforcing many issues relating to human rights. Within this statement, we therefore, would like to highlight several issues that are of our utmost concern and have been previously submitted and included in our civil society report before the UPR session began.

First, the recommendation mostly emphasizes a few agendas that have been enshrined in the National Action Plan 2011-2014 relating to the progress of ratification of international human rights instruments that is currently stalled.
To name a few, the ratification of Rome Statute ICC and OPCAT has been included within the previous period of the National Action Plan (2004-2011) and as well in the previous UPR Session. However, up until the second cycle of the UPR session, both instruments still face a hindrance in reaching a significant progress which eventually should them to be included in the next National Action Plan (2011-2014). Furthermore, in this recommendation, a statement is also written to demand the ratification of the Convention on Enforced Disappearances (CED).

Second, another emphasis was put on the recommendation to guarantee the cessation of torture, strongly related to the amendment process of the Criminal Code which remains unresolved.
Torture as a form of crime was mentioned many times in the 2nd Cycle of the UPR session, particularly to be included within the Criminal Code amendment that is in line with the Convention against Torture, which has been ratified by the Government of Indonesia. The recommendation to amend the Criminal Code has also appeared a few times before in the 1st Cycle of the UPR Session (2004-2011). Moreover, the 2012 UPR session also recommends the existence of trainings for security forces and law enforcement officials and to bring the perpetrators to civil court, not the military court (particularly if the perpetrator comes from a military background).

Third, concern on the condition of freedom of religion and belief was mentioned many times by countries in the UPR Session 2012. In regards to that, the recommendation issued by the session specifically addresses the issue of freedom of religion and belief relating to the implementation and protection of religious minority groups in Indonesia such as Ahmadiyah, Baha’i, Syiah, and Christians. The recommendations also put an emphasis on the duty of the Indonesian government to repeal/amend several laws and regulations that are direct or indirectly discriminating certain religious groups and are seen as not in line with the Indonesian constitution and international human rights standards.

Fourth, on the subject of protection of human rights defenders, UPR 2012 recommends the government of Indonesia to provide a secure environment for the human rights defenders to support their work, including the guarantee to conduct independent investigation, and also to guarantee the protection of human rights defenders from acts of violence and partiality in legal processes.

Fifth, on the issue of Papua, the UPR’s recommendation mostly links the issue of freedom of expression, especially expression in terms of political issues. This emphasis to guarantee freedom of expression in Indonesia includes the guarantee of freedom of opinion by ending the implementation of Criminal Code article 106 and article 110. The situation in Papua, which is still far from access of international journalists, was also brought to the table in the UPR session. The recommendation thus demands free access for international and local journalists to enter Papua and West Papua. The recommendation also puts a stress on the climate of impunity and the series of human rights violations that are still happening in Papua and therefore, must be ended soon.

Sixth, fighting impunity was one of the general recommendations in a series of issues that were underlined by the UPR Session 2012. In this case, to fight impunity in Indonesia must be strengthened with the presence of laws and regulations and impartiality in its implementation.

Seventh, security sector reform also became a specific recommendation that was believed as vital as an effort to increase respect to human rights values and the rule of law through educational and institutional reform.

Based on the above mentioned recommendations, we assess that this period’s recommendation is more concrete than the recommendation released 4 years ago, and we see that this recommendation acts as a challenge for the government of Indonesia in the next 4 years in the enforcement of human rights. Thus, we urge the Government of Indonesia to objectify these recommendations into concrete derivatives, so that the development and success of each recommendation can be measured within a specific time frame as a form of progress for the next UPR session.
Concretely, we request the President to promptly call a number of high rank officials from related institutions with the issues mentioned above: such as the Head of the Supreme Court, Chief of National Police, the Attorney General, Minister of Justice and Human Rights and Head of the National Human Rights Commission to ensure that the efforts to implement protection of human rights are conducted in a serious manner. Most importantly, we as representative from the civil societies without doubt, are willing to become partners in the process of fulfilment of human rights.

KontraS, SETARA Institute, AHRC, ICTJ, PGI and PI

Read this statement online

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´We Papuan people should welcome the constructive communications being offered by the government, as the way to resolve all the crucial problems in Papua. Even though it is not entirely clear, the willingness to communicate with the Papuan people is a sign of good will and means that the government is very concerned about Papua.´
However, he said that the government must explain to the Papuan people what it means by constructive communications, and what form the government intends this to take. Are there phases through which this will pass This needs to be clarified. We have only been hearing recently about Constructive Communications without it being made clear what this means.
This needs to be brought within the context with the perception of the Papuan people for entering into dialogue between Jakarta and Papua. He said that a meeting should be held with the Papuan people who want dialogue.
In such a meeting, it should be possible to clarify the substance of a Jakarta-Papua Dialogue and Constructive Communications. This meeting should discuss the format of dialogue and the format of constructive communication that would be acceptable to both sides. He expressed his optimism that there will be a resolution to the problem for the Papua people.

Forwarded by West Papua Media Alerts

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URGENT ACTION AUTHORITIES REFUSE PRISONER MEDICAL CARE
Papuan political prisoner Kimanus Wenda is in urgent need of medical treatment. He has a tumour in his stomach, and needs to be transferred to a hospital to undergo an operation. Prison authorities have refused to pay for his transport and medical costs. Kimanus Wenda is being held at the Nabire prison in Papua province, Indonesia. He has a tumour in his stomach and is constantly vomiting. Prison doctors have confirmed that he needs an operation; however, Nabire does not have the necessary medical facilities available. Kimanus Wenda needs to be transferred to Jayapura, also in Papua province, where he can receive the medical treatment he urgently requires. His family and lawyer have requested that he be transferred to Jayapura but the Nabire prison authorities have refused to cover the cost of his transport and medical treatment.
Under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, all medical costs for treatment of a prisoner at a hospital must be borne by the state. Kimanus Wenda has been ill-treated in detention in the past. During his arrest and interrogation in April 2003, he was reportedly tortured or otherwise ill-treated by military officers, who beat, kicked and stamped on him.
On 25 May 2011 Kimanus Wenda was beaten by prison guards after he and another political prisoner, Linus Heluka, attempted to file a complaint about a prison officer who had insulted a Papuan prisoner. At least four prison guards beat Kimanus Wenda with a thick piece of rubber and kicked him. The guards also hit Linus Heluka on the head and hand. Linus Heluka was then put in an isolation cell for two weeks. Please write immediately in English, Indonesian or your own language urging the authorities to: Ensure that Kimanus Wenda receives full and immediate access to the proper medical treatment he requires; Allow Kimanus Wenda to travel to Jayapura to receive urgent medical care as recommended; Cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations; Immediately conduct an independent and impartial investigation into all allegations of torture or other ill-treatment by prison guards in Papua and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and Ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.
PLEASE SEND APPEALS BEFORE 3 OCTOBER 2011 TO:
Head of Nabire Prison
Arif Rachman Lapas Klas IIb Nabire, Jl. Padat Karya, Nabire 98801, Papua, Indonesia
Fax: +62 984 24721
Salutation: Dear Arif Rachman Head of the Papuan Provincial Department of Justice and Human Rights Daniel Biantong Jl. Raya Abepura No. 37, Kotaraja – Jayapura 99117, Papua Indonesia Fax +62 967 586112
Salutation: Dear Daniel Biantong
And copies to: Director General of Prisons Drs. Untung Sugiyono Ministry of Justice and Human Rights Jl. Veteran No. 11 Jakarta Pusat Indonesia Fax: +62 21 384 1711
Also send copies to diplomatic representatives accredited to your country.
Please check with your section office if sending appeals after the above date.

URGENT ACTION AUTHORITIES REFUSE PRISONER MEDICAL CARE ADDITIONAL INFORMATION
In April 2003 Kimanus Wenda was accused of attacking a military warehouse in Wamena, Papua province, an accusation which he denies. According to his lawyers, he was arbitrarily detained at the barracks of the Wamena District Military Command 1702 by the military and police and initially denied access to a lawyer. There, he was reportedly tortured or otherwise ill-treated by military officers, including being beaten with a piece of wood, kicked on his chest, stamped on, and dragged around with a piece of rope around his neck. According to Kimanus Wenda, the ill-treatment continued while the police were interrogating him. A translator was not provided during the police interrogation, even though Kimanus Wenda did not speak Indonesian. He was forced to sign a confession he could not read. In January 2004 he was sentenced to 20 years’ imprisonment for “rebellion” under Articles 106 and 110 of the Indonesian Criminal Code. He continues to suffer physically on account of the ill-treatment he experienced in 2003. In December 2005 Kimanus Wenda was transferred to Gunung Sari prison in Makassar, South Sulawesi, thousands of miles from his family in Papua. While he was there he was forced to sleep on a cement floor. In January 2008 he was transferred to Biak prison, Papua and then to Nabire prison. The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medial treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Furthermore, Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment. Amnesty International believes the denial of medical care to Kimanus Wenda could amount to cruel, inhuman or degrading treatment.
Name: Kimanus Wenda
Gender m/f: m
UA: 251/11
Index: ASA 21/025/2011
Issue Date: 19 August 2011

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ABC News – On 14. November, the people, many in traditional dresses or painted in the colours of the Morningstar-flag, walked the 13 kilometres from Abepura to Jayapura, where they met with local MPs and call for a referendum on self-determination. One of the participants said, that the people of West Papua want freedom: “Indonesia kills many people of West Papua. West Papua have been victims from their country.”
The demonstration was largely peaceful, although there are reports that the police attempted to block the protesters from reaching Jayapura. The rally comes after at least six people were shot dead and more than a hundred were arrested and tortured by Indonesian security forces cracking down on a meeting in Jayapura last month. It was the Third Papuan People´s Congress to declare independence from Jakarta.

Please read also the article on www.abc.net.au/news with video footage.

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Amnesty International, 23/11/2011 – The fact that eight Indonesian police officers involved in a violent crackdown on a peaceful gathering that left three dead have only been given written warnings, is a failure of human rights accountability, Amnesty International said today.
The warnings were given after an internal disciplinary hearing on 22 November found that the officers violated the police Disciplinary Code. On the afternoon of 19 October 2011, police and military units violently dispersed peaceful participants of the Third Papuan People’s Congress, a gathering being held in Abepura, Papua province.
The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were later found near the Congress area. “These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, nor for the use of excessive and unnecessary force against a peaceful gathering,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. Some 300 participants were arbitrarily arrested and ill-treated at the end of the Congress.
Most were released the following day but six have been charged and are currently awaiting trial. Amnesty International has called on the authorities to act on the findings of the Indonesian National Human Rights Commission (Komnas HAM) that rights violations were committed by security forces, and to prosecute those responsible. “Even though the Indonesian authorities have a responsibility to prosecute human rights violators, this is yet another example of how in Indonesia, most human rights violations committed by police officers never reach civilian courts, but are dealt with through inhouse disciplinary hearings,” said Sam Zarifi. “Internal disciplinary procedures are for dealing with minor offences, not serious human rights violations.” Amnesty International also urges the Indonesian authorities to set up an independent police complaints mechanism to deal with human rights violations by police officers. Current bodies such as the National Police Commission or the National Human Rights Commission do not have the powers to deal effectively with complaints about police abuses, nor to provide reparations to victims.
A Komnas HAM investigation team found a range of human rights violations were allegedly committed by the Indonesian security forces on 19 October, including opening fire on the peaceful Papuan gathering and beating and kicking participants. It was reported on 7 November that the President’s office had rejected the Komnas HAM findings, stating that the police were still handling the case. On 22 November, an internal police disciplinary hearing in Jayapura, Papua found the former Jayapura Police Chief Iman Setiawan guilty of violating the Disciplinary Code for “his inability to co-ordinate police officers under his command”. Seven police officers from Jayapura City were also found guilty of violating the code for not “protecting and servicing the community with the best of their ability” and “degrading the honour and dignity of the state and the police”. They were all each given a written warning. The disciplinary hearings for the seven police officers were reportedly held behind closed doors.

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The statement was endorsed by 54 international, regional, national and local organizations, based in more than a dozen countries. It was initiated by Tapol , West Papua Advocacy Team and East Timor and Indonesia Action Network (ETAN)

July 14, 2011 – In recent weeks, highly regarded West Papuan non-governmental and religious organizations which promote respect for human rights have spoken out forcefully regarding the deteriorating human rights situation in the territory.
In two separate statements, the organizations decried the failure of the Indonesian government to ensure justice for or protect Papuans who have been the victims of security force brutality, including extra-judicial killing, torture, abduction and imprisonment. The organizations have also called for protection of human rights defenders. The continuing violation of human rights starkly demonstrates the limits of ´democratization´ in Indonesia. In a recent press conference, two human rights NGOs, BUK (United for Truth) and KontraS-Papua (Commission for the Disappeared and the Victims of Violence), underscored the failure of the Indonesian justice system to address endemic violation of human rights by the military and police.
They noted that some cases have languished for over a decade and said that years of inaction by the Indonesian government regarding these cases have compelled them to appeal to „international mechanisms“ to ensure that the Government of Indonesia brings these incidents before a court of law. At their June 14 press conference in Jayapura, the NGOs, describing the consistent failure of justice in West Papua, said: „With regard to the human rights violations that have been perpetrated in Papua at the hands of members of the Indonesian army (TNI) and the Indonesian police (POLRI), in all these cases, it has been virtually impossible to bring them before a court of law. In the case of those incidents that were actually taken to court, nothing was done to side with the victims; the perpetrators were protected with the argument that what had been done was in the interest of the security of the state.“ The NGOs made specific reference to particularly egregious incidents in which Papuans were killed, brutally tortured or disappeared.
These include the June 2001 Wasior and 2008 Wamena incidents, a police rampage in Abepura, as well as repeated military „sweeping operations“ in West Papua´s central highlands in which civilians were driven from their homes into local forests where many died due to a lack of food, shelter and access to medical care. The NGOs also detailed policies and practices which subject „many Papuans to discrimination, intimidation and extra-judicial punishment based on groundless charges by Government agencies that these Papuans, or their family members are „separatists.“
The two NGOs issued the following demands:
1. The President of Indonesia should immediately resolve the Wasior and Wamena cases and in doing so recognize the fact that Papuans are citizens of the Unitary Republic of Indonesia, NKRI which means that their standing and dignity within the state is in keeping with the values of the Papuan people as citizens of Indonesia.
2. The attorney-general´s office should end its machinations with regard to the Wasior and Wamena cases and co-ordinate with other state institutions and in so doing halt their activities which have resulted in reinforcing the cycle of impunity.
3. The administration of the province of Papua, along with the DPRP (Provincial Legislature of Papua), KomnasHAM-Papua and the MRP (The Papuan Peoples Council) should act together as quickly as possible to ensure that the Wasior and Wamena incidents are brought before a human rights court in the Land of Papua.
4. A Papuan human rights court should be set up immediately.
5. If the government fails to deal seriously with the Wasior and Wamena cases, we, as representatives of all the victims of human rights violations in the Land of Papua, will bring these matters before an international court of law.
In a separate June 17 press conference, the Coalition of Human Rights Defenders in the Land of Papua, comprising leading human rights and religious organizations spoke out against „acts of violence and terror that have been perpetrated against human rights defenders as well as against journalists.“ The coalition includes KomnasHAM-Papua, the Synod of the Kingmi Church in Papua, the Synod of the Baptist Church in Papua, Foker NGO (NGO Working Group) Papua, KontraS Papua, LBH – Legal Aid Institute in Papua, and BUK. The organizations were especially critical of the Indonesian military whose members were involved in five recent incidents of violence against Papuan civilians and whose actions they noted, contradict claims that the Indonesian military is engaged in a process of reform.
The Coalition of Human Rights Defenders in the Land of Papua therefore issued the following statement:
1. Protection is needed for human rights defenders in Papua in carrying out their humanitarian activities throughout the Land of Papua. Such protection can be provided by the introduction of a special law, while at the same time setting up an independent commission at state level for the purpose of monitoring and advocacy as well as taking sanctions against those individuals who commit violence against human rights defenders.
2. As a short-term measure, we regard it as important to set up a special bureau within KomnasHAM to focus on the protection of human rights defenders.
3. In view the many acts of intimidation and violence perpetrated by members of the armed forces, we urge the military commander of Cenderawasih XVII military command (in West Papua) to take firm measures in the law courts and administration against all violations perpetrated by members of the TNI on the ground.
4. To provide moral guidance to all officers of the armed forces as well as disseminate an understanding of human rights so as to ensure that acts of violence perpetrated by members of the armed forces are not committed against civil society or against human rights defenders in the Land of Papua.
Indonesia has clearly failed to ensure justice in multiple cases of gross violations of human rights in West Papua and to protect Papuans defending their human rights violate the Indonesian government´s legal obligations contained within international agreements to which it is party, including the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. It also contravenes the Universal Declaration of Human Rights, notably articles 6, 7 and 8. These abuses, policies and practices, as well as others not mentioned specifically by the NGOs and religious organizations have been carefully documented and condemned in United Nations reports, reports by other governments, and by leading international human rights organizations. These international reports also include accounts of egregious government abuse, including the 1998 Biak tragedy and the Indonesian government´s incarceration of scores of political prisoners. Many of these political prisoners experienced targeted abuse and mistreatment that exceeded even the brutality meted out to criminal prisoners. International accounts of the failure of justice in Indonesia have also condemned the continued use of provisions of the Indonesian criminal code which form the basis for charges of „subversion“ (such as Article 106 of the code). This was a legal tool of the Suharto dictatorship to repress freedom of speech and has its antecedents in Dutch colonial rule. We, the undersigned organizations express our strong solidarity with and support for these courageous appeals made by these Papuan non-governmental and religious organizations. We pledge to pressure our individual governments and international organizations to press the Indonesian government to act positively and immediately on these demands for justice and the protection of human rights defenders.

Endorsed by
Tapol (UK)
West Papua Advocacy Team (USA)
East Timor and Indonesia Action Network (ETAN) (USA)

ARTICLE 19
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Action (USA)
Asia Pacific Support Collective (Australia)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Australia East Timor Friendship Association Inc Australian West Papua Association South Australia (Inc)
Baltimore Nonviolence Center (USA)
Campaign for Peace and Democracy (USA)
Catholic Agency For Overseas Development (CAFOD) (UK)
The Catholic Justice and Peace Commission of Brisbane (Australia )
East Timor Action Network / Portland, Oregon (USA) East Timor Religious Outreach (USA)
Fellowship of Reconciliation (USA)
Foundation Dr. F.C. Kamma, the Netherlands Foundation Pro Papua, The Netherlands Green Delaware (USA)
Indonesia Human Rights Committee, Auckland (New Zealand)
Indonesian Solidarity (Australia)
THE INSTITUTE on Religion and Public Policy (USA)
International League for Human Rights KontraS (Indonesia)
Land is Life Luta Hamutuk Institute (Timor-Leste)
Madison-Ainaro (East Timor)
Sister-City Alliance, Madison, WI (USA)
Missionaries of the Sacred Heart Justice and Peace Centre, Australia Nonviolence International Office of the Americas (USA)
Pax Christi Aotearoa-New Zealand Pax Christi Australia Pax Christi Metro New York (USA)
Pax Christi, New Orleans (USA)
People´s Empowerment Consortium (PEC), Indonesia
Philippine Workers Support Committee (USA)
Press for Change (USA)
Seattle CISPES Seattle International Human Rights Coalition (SIHRC) (USA)
Swedish Association of Free Papua Swedish East Timor Committee Syracuse Peace Council (USA)
Urban Poor Consortium, Indonesia War Resisters League (USA)
West Papua Action Network, Canada West Papua Action Network / US West Papua Media (Australia)
West Papua Network (WPN), Germany
The West Papua Solidarity Group Brisbane (Australia )
John Feffer, co-director, Foreign Policy In Focus* Sharon Silber, U.S. Representative, Society for Threatened Peoples Eileen B. Weiss, Co-Founder, Jews Against Genocide (U.S.)
Shulamith Koenig, People´s Movement for Human Rights Learning (PDHRE)
*organization for identification only
This statement is online at http://etan.org/news/2011/07papua.htm

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Amnesty International welcomes the acknowledgement by Indonesian President Susilo Bambang Yudhoyono that security forces have committed human rights violations in the region of Papua.
The President said further that he wants an end to repressive actions by the military and police in Papua. In turning his words into action, the President should ensure that all investigations into human rights violations by security forces are conducted in a thorough, independent and impartial manner. This should include the investigation and prosecution of past human rights violations.
Suspects should be prosecuted in proceedings which meet international standards of fairness and victims should be granted reparations. In a 16 February meeting with diplomats at the Foreign Ministry, the President acknowledged that both police and military personnel had committed human rights violations and that these cases would be legally processed and perpetrators penalized.
According to media reports, he stated that military trials would be held for military officers suspected of committing violations. He also stressed that the military and police in Papua were there to maintain security and were not part of a military operation. Amnesty International welcomes this positive step by the President in publically recognizing the ongoing violations in Papua and the need to take decisive action to hold perpetrators to account. Credible reports of human rights violations committed by the security forces continue to emerge in the provinces of Papua and West Papua, including torture and other ill-treatment, unnecessary and excessive use of force and firearms and possible unlawful killings. Investigations into reports of police abuses are rare and only few perpetrators have been brought to justice.
Most recently in October 2011, police and military violently dispersed a peaceful gathering in Papua which left at least three people dead and dozens injured. An investigation by the National Human Rights Commission (Komnas HAM) found a range of human rights violations allegedly committed by the Indonesian security forces, including opening fire on participants and beating and kicking them. While a number of internal disciplinary hearings were held, the officers were only given administrative penalties.
Amnesty International is not aware of any criminal investigation into the deaths of the three people, or the ill-treatment of participants of the gathering. Most human rights violations committed by police officers never reach civilian courts, but are dealt with through in-house disciplinary hearings. Amnesty International is also concerned by the President’s statement that military officers charged with human rights-related offences would be tried in military courts. Human rights organizations have highlighted the lack of independence and impartiality of these trials and that military officers suspected of such offences are often charged with disciplinary rather than criminal offences.
Three soldiers who were caught on camera burning and kicking Papuan villagers were sentenced to prison terms of between eight and 10 months by a military court in Papua in January 2011. The video was widely circulated via YouTube. The victims were too frightened to testify in person due to the lack of adequate safety guarantees.
The Indonesian authorities must revise the Law on Military Tribunals (Law No. 31/1997) so that military officers suspected of human rights violations can be investigated and tried in an independent civilian judicial system and victims and witnesses provided with adequate protection. Amnesty International believes that the lack of independent and impartial monitoring of the human rights situation in Papua contributes to the climate of impunity there.
The Indonesian authorities should allow international observers, non-governmental organizations and journalists unrestricted and ongoing access to the provinces of Papua and West Papua.

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Der Bericht schildert die grausame Realität von Verletzungen ziviler und politischer Menschenrechte sowie wirtschaftlicher, sozialer und kultureller Rechte in Papua in den Jahren 2010 und 2011. Der Bericht soll auf die Menschenrechtssituation in Papua aufmerksam machen und helfen, in Papua ein „Land des Friedens“ zu schaffen.
Konkret lenkt der Bericht die Aufmerksamkeit auf die schwierige Situation von nationalen und internationalen zivilgesellschaftlichen Gruppen und Menschenrechtsverteidigern. Diese sind regelmäßig Opfer von Einschüchterungen, Schikanen und willkürlichen Verhaftungen unter dem Vorwurf des Staatsverrats (makar), während sie von ihrem Recht auf freie Meinungsäußerung im Ringen um Gerechtigkeit und Verantwortlichkeit Gebrauch machen. Der Bericht prangert außerdem die Politik der indonesischen Regierung an, die darauf ausgerichtet ist, internationale Menschenrechtsorganisationen, die in West Papua tätig sind, zu diskreditieren und ihre Arbeit zu beschränken.
Einige internationale Organisationen sind direkt oder indirekt gezwungen, sich aus dem Land zurückzuziehen, wie beispielsweise das International Committee for the Red Cross (ICRC) und die Peace Brigades International (PBI). Auch der Zugriff auf internationale Medien wird durch manipulierte bürokratische Prozesse häufig behindert. Zur Vorstellung des Berichtes und anlässlich der aktuellen tragischen Entwicklungen in Papua, lud Franciscan International am 2. November zu einem Runden Tisch nach Genf ein. An diesem nahmen sowohl Vertreter der Zivilgesellschaft wie vom Faith Based Network on West Papua, Geneva for Human Rights, Human Rights Watch, TAPOL, World Organization Against Torture (OMCT) und dem Papua Peace Network (JDP -Jaringan Damai Papua) teil, als auch Vertreter des UN-Sonderberichterstatters zum Schutz von MenschenrechtsverteidigerInnen und die ständige Vertretung der Republik Indonesien an den Vereinten Nationen. In Reaktion auf die zahlreichen vorgebrachten Probleme und Bedenken, die während der Diskussion geäußert wurden, gab die Vertretung der indonesischen Regierung ein offizielles Statement ab, in dem es hieß, dass der „Schutz der Menschenrechte national Priorität genießt“. Bei aller Anerkennung für die Mitarbeit der ständigen Vertretung der Republik Indonesien traf diese Aussage auf starken Widerspruch seitens der INROs.
Man äußerte, dass „politische Reden im Bezug auf die Menschenrechtsverletzungen in Papua nicht genug seien, da – in Wirklichkeit – noch immer ein Klima der Angst in Papua herrscht.“ Die INROs schlossen mit der Aufforderung an die Regierung Indonesiens, umgehend alle politischen Gefangenen freizulassen; Einschüchterungen, Schikanen und körperliche Gewalt gegen Menschenrechtsverteidiger, Journalisten und religiöse Führer sofort einzustellen; Folter unter Strafe zu stellen und das Fakultativprotokoll zum Übereinkommen gegen Folter zu ratifizieren; das internationale Übereinkommen zum Schutz vor dem „Verschwinden lassen“ zu ratifizieren; und in einen aufrichtigen Dialog mit nationalen und internationalen zivilgesellschaftlichen Gruppen einzutreten.

Der englischsprachige Bericht kann von der FBN-Homepage heruntergeladen werden.

Für weitere Informationen kontaktieren Sie bitte:
Kristina Neubauer – Faith-based Network on West Papua, Koordinatorin
Francesca Restifo – Franciscans International, Direktorin für Internationale Advocacyarbeit
Paul Barber – TAPOL, Koordinator
Wong Kai Shing – Asian Human Rights Commission, geschäftsführender Direktor

Genf, 3. November 2011

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Kontras (translated by TAPOL) Kontras, the Commission for the Disappeared and Victims of Violence has condemned the shooting of Freeport workers who were seeking negotiations with the management of the company. Since the commencement of the strike on 15 September there has been no sign that the management is seeking to provide the space for dialogue which could accommodate the interests of the two sides.
During an action on 10 October, the workers protested against the company for recruiting new workers to replace those now on strike. We have received information that some eight thousand workers were involved in this action. They marched from the secretariat of the SBSI, the trade union, to the culverts, a distance of about 500 metres along a road that was six metres wide. A short distance away, hundreds of policemen were standing on guard. The police tried to disperse the workers action as they were seeking to meet the management of the company.. Having failed to meet the management, the workers burned some vehicles believed to belong to the company.
The police then opened fire on the workers: Petrus Ayamiseba who works in catering at the company was shot in the waist and died. Six others were wounded, Leo Wandagau, Alius Komba, Melkius Rumbiak, Yunus Nguliduan, Philiton Kogoya and Ahmad. Some of the policemen were also injured.
We regard the shooting and violence as an act of intervention and intimidation against industrial relations as guaranteed in Law13/2003 on Labour Affairs. The government, in this case the Department of Labour and Transmigration, should be playing a role to guarantee the basic rights of the workers as stipulated in that law, in particular with regard to legal procedures in article 137. Furthermore, it is clearly stated that no one shall interfere with strike actions undertaken by the workers. (article 143) and workers on strike may not be replaced by other workers in any form whatsoever (article 144). The presence and acts of violence by hundreds of police have damaged the efforts of the workers to seek negotiations with the namagement. The police have clearly sided with Freeport by undertaking patrols and protection of the company and have been receiving monthly contributions (see letter from head of operations no b/918/IV/2011).
The function of the police should be to protect the people, The shooting and acts of violence have also violated a number of regulations. Internally, the police should implement the regulations of the police Furthermore the police have also violated a number of other laws such as the Human Rights Law of 1999 and Law 12/2005 on Ratification of the Covenant on Civil and Political Rights. Kontras therefore calls on the police: 1. To conduct a thorough investigation into the shooting and acts of violence that occurred on 10 October, 2. To pursue legal procedures that are impartial, credible, accountable and transparent with regard to the shooting and acts of violence. 3. Should take steps to ensure that the police maintain their independence in all industrial relations disputes so as to ensure that they do not trigger acts of violence and other breaches of the law.

Jakarta, 10 October 2011

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