Wednesday, July 13, 2011

Two reports from the ASIAN HUMAN RIGHTS COMMISSION

Two reports from the ASIAN HUMAN RIGHTS COMMISSION

1) Urgent Appeal Case: AHRC-UAC-121-2011

2) A Statement from a group of Papuan organisations, indigenous and political Papuan stakeholders forwarded by the Asian Human Rights Commission
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-121-2011

12 July 2011

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INDONESIA: The military ignores agreed settlement with an assault victim

ISSUES: Military; indigenous peoples; impunity; threats and intimidation
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Dear friends,

Two members of 756th Wimaneseli infantry battalion of the Indonesian National Military (TNI) in West Papua assaulted and threatened Yani Meage on 31 May, 2011 in the Kurima district, Yahukimo. After a quarrel between the victim and the TNI members, the soldiers threatened and attacked the victim by beating and kicking him which resulted in several injuries. The victim reported this incident with the support of a local NGO. While the deputy post commander (wadanpos) of the 756th Wimaneseli infantry battalion accepted responsibility for the violence in a statement letter, no further action has been taken against the perpetrators to-date. Impunity for military violence is widespread in West Papua.

CASE NARRATIVE:

At 2:15pm on 31 May, 2011, at the Kali Yeni area, Kurima district, Yahukimo regency in the Papuan highlands, Ms. Kallek Meage was travelling with her children. She asked her brother, Yani Meage (18) to take them home privately to the Kurima district since she could not afford the local motorbike transport service for them that afternoon. A member of 756th Wimaneseli infantry battalion, who was on duty at the Kurima Military Post and who was also using his motorcycle as a commercial transportation business in the Kurima area, saw this and assumed that Yani Meage was also running a motorcycle transport business and would take his potential customer.

The Indonesian National Military (TNI) member went to the victim on his motorcycle and started to argue with Yani Meage. The TNI member then threatened him and started slapping his face.

The TNI member reported the situation to his squad leader, who was nearby. Then both soldiers attacked Mr. Meage. The squad leader punched the victim's stomach and struck him on the ears and sides of the body. The victim was unable to escape the assault as the TNI member held him. The squad leader continued to kick and punch the victim which resulted in several injuries.

On the following day, Yani Meage reported his incident to JAPH & HAM a local human rights organisation. One of the staff, Mr. Theo Hesegem was advocating this case and the commander of the 756th Battalion (danyon 756) pressured the human rights worker and intimidated him not to take any action regarding this case.

On 12 June 2011, Parloi Pardede, the deputy post commander of the 756th Wimaneseli infantry battalion, and Mr. Meage met for a dialogue at the Okhumiarek Asso hall at the 1702/Jayawijaya military district staff headquarters. Following the discussion the parties came to an agreement and commander Parloi Pardede together with the victim signed an agreement, which stated 3 following actions:

1. The members of the 756th Wimaneseli infantry battalion must be replaced.
2. The members of the 756th Wimaneseli infantry battalion cannot use their motorcycles as a commercial transportation service.
3. The members of the 756th Wimaneseli infantry battalion who conducted the violence must be punished in accordance with law.

The victim also agreed that he would never ask for compensation if the military executed the agreement. After the dialogue, the NGO representative asked to the 756th Wimaneseli infantry battalion commander to inform all parties, including the elders at the Kurima district about the replacement of the members of 756th Wimaneseli infantry battalion. However, to-date there has been no action regarding the execution of this agreement. The local military also did not give a clear explanation when local NGOs questioned them regarding this case. There is serious concern that the local military will cover up the event without effective remedies being given to the victim.

BACKGROUND INDORMATION:

While the AHRC welcomes the agreement with the military commander, concerns about an effective execution of the agreement remain. The absence of effective justice mechanisms for victims of military violence often leave them with no other choice but to come into non-judicial agreements with the perpetrators. Since Papua took control of Indonesia the Indonesian government largely uses a military approach by reason of upholding state sovereignty and crushing the separatists. The military approach also affects civil society groups and communities who peacefully refuse the Indonesian control of Papua. The military often generalises by labeling Papuans as rebels in order to justify the violence they perpetrate on them. The AHRC notes that patterns of repression are often used by TNI members in Papua which results in a high level of violence.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to a justice process in accordance with international human rights norms and receive adequate punishment.

Please be informed that the AHRC is also sending letters on this case to the Special Rapporteur on the rights of indigenous people.

SAMPLE LETTER:

Dear _____,

INDONESIA: Military did tot take action regarding the settlement of military's assault

Name of the victim: Yani Meage (18)
Alleged perpetrators: The two members of 756th Wimaneseli infantry battalion who conducted the violence against Yani Meage
Date of incident: 31 May 2011
Place of incident: Kali Yeni area, Kurima district, Yahukimo regency, West Papua

I am writing to express my serious concern regarding the execution of the statement letter agreed upon by Parloi Pardede, the deputy post commander of 756th Wimaneseli infantry battalion regarding the settlement of the assault against Yani Meage by members of the TNI.

According to the information that I have received from Asian Human Rights Commission (AHRC), at 2:15 pm on 31 May, 2011, at the Kali Yeni area, Kurima district, Yahukimo regency in the Papuan highlands, Ms. Kallek Meage was travelling with her children. She asked her brother, Yani Meage (18) to take them home privately to the Kurima district since she could not afford the local motorbike transport service for them that afternoon. A member of 756th Wimaneseli infantry battalion, who was on duty at the Kurima Military Post and who was also using his motorcycle as a commercial transportation business in the Kurima area, saw this and assumed that Yani Meage was also running a motorcycle transport business and would take his potential customer

I am also informed that the Indonesian National Military (TNI) member went to the victim on his motorcycle and started to argue with Yani Meage. The TNI member then threatened him and started slapping his face.

I know that the TNI member reported the situation to his squad leader, who was nearby. Then both soldiers attacked Mr. Meage. The squad leader punched the victim's stomach and struck him on the ears and sides of the body. The victim was unable to escape the assault as the TNI member held him. The squad leader continued to kick and punch the victim which resulted in several injuries.

I also wish to point out that the 756th battalion commander (danyon 756) attempted to pressurise Mr. Theo Hesegem, a staff member of the JAPH & HAM, the local human rights organisation who was advocating this case. The 756th battalion commander later called Mr. Hesegem and intimidated him not to take any action regarding this case.

I have also heard that on 12 June 2011 Parloi Pardede, the deputy post commander (wadanpos) of 756th Wimaneseli infantry battalion, and Mr. Meage met for a dialogue at the Okhumiarek Asso hall at the 1702/Jayawijaya military district staff headquarters. Following the discussion the parties came to an agreement. The deputy post commander together with the victim signed an agreement, which stated 3 following actions:

1. The members of the 756th Wimaneseli infantry battalion must be replaced.
2. The members of the 756th Wimaneseli infantry battalion cannot use their motorcycles as a commercial transportation service.
3. The members of the 756th Wimaneseli infantry battalion who conducted the violence must be punished in accordance with law.

The agreement is available at http://www.humanrights.asia/news/urgent-appeals/pdf/AHRC-UAC-121-2011-01.pdf.

I also realized that the victim also agreed that he would never ask for compensation if the military executed the agreement. After the dialogue, the NGO representative asked to the 756th Wimaneseli infantry battalion commander to inform all parties, including the elders at the Kurima district about the replacement of the members of 756th Wimaneseli infantry battalion. However, to-date there has been no action regarding the execution of this agreement. The local military also did not give a clear explanation when local NGOs questioned them regarding this case. There is serious concern that the local military will cover up the event without effective remedies being given to the victim.

So far, I am not aware of any action conducted regarding the execution of agreement stated in the letter. I urge you to seriously look into the victim's allegations and take appropriate action against those found responsible. Appropriate action must also be taken against the authorities who--as far as I am aware--have continued to fail in taking intervention for the victim's plight. We also urge you to give protection and security to Mr. Hesegem, one of the human rights defenders who is advocating this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777, 3503088
Fax: +62 21 3442223

2. Adm. Agus Suhartono
Headquarter
Tentara Nasional Indonesia (TNI)
Jakarta
INDONESIA
Tel: +62 21 8459-1244, 8459-1243
Fax: +62 21 845-6805

3. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 5715518
Fax: +62 21 5715523

4. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095

5. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

6. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)




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Hongkong S.A.R.
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2) A Statement from a group of Papuan organisations, indigenous and political Papuan stakeholders forwarded by the Asian Human Rights Commission




Dear friends,

We wish to share with you the following declaration from a group of Papuan organisations, indigenous and political Papuan stakeholders issued at the conference for peace in Papua which was held between 5-7 July 2011 in the UNCEN auditorium, Abepura Papua, Indonesia. The conference was organised by the Network of Peace in Papua (JDP).

Asian Human Rights Commission
Hong Kong

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FOR IMMEDIATE RELEASE
AHRC-FST-041-2011
July 12, 2011

A Statement from a group of Papuan organisations, indigenous and political Papuan stakeholders forwarded by the Asian Human Rights Commission

INDONESIA: Papuan Peace Declaration

Bahasa Indonesia

With thanks to Almighty God

We, the signatories represent the more than 500 participants at the Papua Peace Conference, consisting of representatives of religious groups, customary groups, women, youth, academics, student organisations and resistance groups from Papua who took an active part in the Papua Peace Conference. The conference was held in the auditorium of the Cenderawasih University, on 5-7 July, 2011

At the conference which had the theme: "Let us together make Papua a Land of Peace'', we shared experiences and strengthened each other. We were also enriched by material that was presented by the following speakers:

Djoko Sujanto, Minister-Coordinator for Politics and Law of the Republic of Indonesia
Barnabas Suebu, Governor of the Province of Papua
Bekto Suprapto, Chief of Police of Papua
Erfi Triasunu, Commander of the Military Command XVII/Cenderawasih
Leo Laba Ladjar, Bishop of the Diocese of Jayapura
Tony Wanggai, Chairman of the Papuan Provincial Branch of NU and representative of the Papua Muslim Council
Sokrates Sofyan Yoman, Chairman of the Synod of the Alliance of Baptist Churches in Papua
Forkorus Yaboisembut, Chairman of the Papuan Customary Council

We reflected on the situation in Papua by deepening our understanding of its concepts and indicators. We also identified problems which have to be resolved in order to achieve our objective.

In accordance with the cultural traditions of Papua regarding ways to resolve conflicts by peaceful means:
We declare that dialogue is the best way to finding the solution to the conflict between the Papuan people and the Indonesian Government
We determine to find the solution to political, security, legal, human rights, economic, environmental and social-cultural issues in Papua by means of dialogue between the Papuan people and the Indonesian Government, mediated by a neutral third party
We welcome the initiative of the central government in support of the preparatory processes for a Jakarta-Papua dialogue

Through the Papua Peace Conference we decided on the criteria for Papuan representatives who should take part in the dialogue with the Indonesian government:

Fluency in English
Have no links of any kind with the system of Indonesia
Have the ability and experience to engage in diplomacy and negotiation (certified)
Imbued with the innermost belief and ideology of Papua Merdeka
Understand the history of the Papuan struggle
Have good ethics and morals
Not be temperamental
Negotiators who have a mandate from the leadership
One of the political resistance organisations of the people of West Papua and/or are recommended by one of the resistance organisations of the people of West Papua
Are acceptable to the majority of the political resistance organisations and the people of West Papua
Have the spirit of Papuan nationalism
Physically and mentally fit
Understand the Papuan problem and think creatively to seek a solution to the Papuan problem
Have integrity and loyalty towards efforts for the reconciliation and consolidation of the West Papuan revolution, including the commitment to accept all the consequences
Are capable of and willing to WORK TOGETHER as members of the West Papua Negotiation Team
KNOWLEDGE or EXPERTISE in one or more of the following is necessary: politics, law, economy, security, human rights, social-cultural affairs and the history of the national struggle of West Papua
The negotiation team shall be composed of a balanced proportion of men and women

Referring to the above criteria we propose that the following persons shall be members of the West Papuan negotiation team:

Rex Rumakiek
John Otto Ondawame
Benny Wenda
Octovianus Mote
Leoni Tanggahma

Herewith we submit the Papuan Peace Declaration to all the People of Papua, the Indonesian Government and all people who are concerned with achieving peace in Papua;

Jayapura, 7 July 2011

Signatures:

Forkorus Yaboisembut, Chairman of the Papuan Customary Council
Em. Herman Awom, Moderator Papuan Presidium Council
Ev. Edison Waromi, Executive President of the West Papua National Authority
Septinus Paiki, Executive Council Committee of Independence and Sovereignty of West Melanesia
Eliazer Awom, Reconciliation Forum of Ex Prisoners / political prisoners of Papua
Albert Kaliele, Reconciliation Forum of Ex Prisoners / political prisoners of West Papua
Onesimus Banundi, Vice Chairman of Tabi's Customary Council
Mb. Yan Pieter Yarangga, Chairman of Saireri's Customary Council
Barnabas Mandacan, Chairman of Bomberay's Customary Council
Sir-Zet Gwasgwas, Chairman of Domberay's Customary Council
Stanislaus Gebze, Chairman of Anim Ha's Customary Council
Dominikus Surabut, Secretary of La Pago's Customary Council
Benny Ruben Edoway, Chairman of Me Pago's Customary Council
Abina Wasanggai, General Srcretary of the Solidarity of Papuan Wowen
Benyamin Gurik, The Head of Student Executive Body of UNCEN
Selpius Bobii, Chairman of the United Front of West Papuan People's Struggle
H. Sarmadan Sabuku, Chairman of the Papuan Muslim Council

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.



Visit our new website with more features at www.humanrights.asia.

You can make a difference. Please support our work and make a donation here.

-----------------------------

Asian Human Rights Commission
#701A Westley Square,
48 Hoi Yuen Road, Kwun Tong, Kowloon,
Hongkong S.A.R.
Tel: +(852) 2698-6339
Fax: +(852) 2698-6367
Web: humanrights.asia
twitter/youtube/facebook: humanrightsasia

Please consider the environment before printing this email.

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