Thursday, July 29, 2021

1) Human rights concerns cast shadow on Papua's history, legal standing


2) Outrage over Indonesian officers for stomping on disabled Papuan teen’s head 
3) KontraS Laments Use of Excessive Force by Authorities in Papua
4) Papua Incident; Air Force Pays Customary Fine
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1) Human rights concerns cast shadow on Papua's history, legal standing


Dian Septiari (The Jakarta Post) PREMIUM Jakarta   ●   Thu, July 29, 2021 

The history and legal standing of Papua and West Papua, Indonesia’s easternmost provinces, are final and binding, as far as government officials and many leading Papuan figures are concerned. 

However, analysts point out that the emphasis on human rights by separatists and their overseas lobbies, who exploit the controversial baggage that comes with the history of Papuan integration, still causes concern about how the Indonesian authorities should best handle the dire situation on the ground. 

The separatist conflict in Papua has for decades been a delicate issue with which the Indonesian government has had to contend. This year, authorities labeled armed separatist rebels as terrorists, while lawmakers voted on July 15 to revise and extend the 2001 Special Autonomy Law that underpins state-led development in the region. 

These actions have added to a long list of contentious issues that rights activists say the government must answer, which include the strong-handed approach by the security apparatus, a lack of accountability for past human rights abuses, allegations of racism and discrimination, and even a COVID-19 outbreak that is slowly gaining momentum. 

While Jakarta has poured ample resources into addressing the development gap in Papua, the state is aware that human rights and law enforcement challenges remain, said Tri Tharyat, senior adviser on political, legal and security affairs to the foreign minister. “Important progress is continuously being made, such as President Joko Widodo releasing a number of Papuan prisoners in 2015, the conviction of individuals guilty of racist acts in Surabaya in 2019, and more recently, the swift action taken by the Indonesian Military to dismiss and punish two personnel for a case of abuse in Merauke,” he said in a keynote speech at The Jakarta Post’s UpClose webinar on Thursday. The last incident referred to the excessive use of violence by Air Force personnel against a disabled man in Merauke this week. 

Read also: Air Force apologizes after video of violence against Papuan goes viral 

Papua, along with the other regions that make up modern-day Indonesia, formed the Dutch East Indies that came under Japanese imperial rule during the Second World War, at the height of the Indonesian independence movement. Following Japan’s defeat in 1945, the Netherlands attempted to restore control over its former colony. 


The Dutch and Indonesians eventually signed the New York Agreement on Aug. 15, 1962 that brought then-West Irian under Indonesia’s administrative and territorial rule. Indonesia consolidated the integration of West Irian in 1969, when select representatives of the local population voted unanimously for Indonesian rule in the controversial but legitimate Act of Free Choice (Pepera), which was monitored by United Nations observers and United States diplomats. Under the New York Agreement, Indonesia was obliged to “make arrangements [...] to give the people of the territory an opportunity to exercise freedom of choice,” in which consultations should be held with local representative councils on the procedures and appropriate methods “for ascertaining the freely expressed will of the people”. 

Pro-independence groups argue that the agreement specifically mentioned that all adults, male and female, who were not foreign nationals, were eligible to participate in the act of self-determination – that is, the 1962 Pepera. However, out of the 800,000 Papuan population recorded in 1962, only 1,205 people voted in the Pepera, resulting in resentment, even though the election was accepted by the international community under UN General Assembly Resolution 2504, which reaffirmed as legal fact that West Irian had always been a part of a nascent Indonesia. 

Jakarta’s legal experts say that Papuans could not legally demand another referendum based on alleged violations of human rights or their political, economic and social rights, because Indonesia has already guaranteed these rights in the Special Autonomy Law, which gave the people of modern-day Papua and West Papua provinces the means to manage the region. 

Read also: RI woos South Pacific nations with ‘meaningful’ engagement 

Freddy Numberi, a Papuan leader and a former governor of Papua supported this view of Papua’s legal standing, and that Dutch maneuvers at the time resulted in the effective forfeiture of Papuans’ right to self-determination. Even so, he also suggested that there should have been ways to make the Act of Free Choice more credible. 

The Foreign Ministry’s director general for legal affairs and international treaties, Damos Dumoli Agusman, said the New York Agreement was essentially a bilateral dispute settlement between Indonesia and the Dutch and had nothing to do with self-determination in “normal terms”. “Self-determination is an international law issue, it must be considered in those terms. Unfortunately in many cases observers introduce the term in a very loose manner and even without applying any legal criteria as prescribed by international law,” he said. Damos suggested further that human rights issues could not be used as justification for self-determination, which was already clearly defined under international law on the pretext of preserving one’s territorial integrity. 

Read also: Papua intelligence chief killed in weekend rebel attack

 “Self-determination only exists under the colonial context, which Indonesia achieved in 1945,” he said during the webinar. Richard Chauvel, an Indonesian history professor at Melbourne University, however, pointed out that separatist groups such as the United Liberation Movement for West Papua (ULMWP) had been intricately conflating human rights and self-determination in their campaigns to gain support, especially among Pacific island nations – which are culturally similar to the people of Papua – both in regional forums and at the UN. “If we look at the sort of arguments that [ULMWP leader] Benny Wenda and others have been using to promote their cause in the Melanesian Spearhead Group, they’re essentially arguments related to the New York Agreement, the Pepera and the broader legal and moral issue of self-determination. 

Those arguments in essence really haven’t changed since the 1960s and have been an important part of the international lobbying,” Chauvel said on Thursday. “What does change, and I would argue the dynamic of the ULMWP lobbying campaign, is the issue of human rights abuses, which according to the ULMWP continue to occur, in the sense [that they provide] momentum and energy to the campaign,” he said. International access to Papua and West Papua remains tightly regulated due to security concerns, with tensions still simmering and bouts of fighting between the military and armed rebels still breaking out sporadically and sparking human rights concerns. Coordinating Political, Legal and Security Affairs Minister Mahfud MD reiterated during a briefing with Indonesian ambassadors earlier this month that in terms of handling issues relating to Papua, the government was pursuing dialogue to address separatism and taking a peaceful and welfare-based approach for developing the region. He also said it was important to "guarantee the protection of the people of Papua from the threat of terrorism”. 

Editor's note: Updated with context of government policy.

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2) Outrage over Indonesian officers for stomping on disabled Papuan teen’s head 
By APR editor -  July 29, 2021

SPECIAL REPORT: By Yamin Kogoya

Shocking video footage showing a brutal and inhumane assault on a deaf Papuan teenager named Steven has emerged from the Merauke region of Papua and sparked outrage.

This assault occurred on Monday, July 26, 2021, around Jalan Raya Mandala, Merauke (Jubi, July 27).

The video shows an altercation between the 18-year-old and a food stall owner. Two security men from the Air Force Military Police (Polisi Militer Angkatan Udara, or POMAU) intervened in the argument.

One of the officers grabbed the teenager and pulled him from the food stall. The victim was slammed to the pavement and then stomped on by the Air Force officers.

The two men, Serda Dimas and Prada Vian, trampled on Steven’s head and twisted his arms after knocking him to the ground. The young man was seen screaming in pain, but the two men continued to step on his head and body while the officers casually spoke on the phone.


In response to this assault, the commander of POMAU in Merauke, Colonel Pnb Herdy Arief Budiyanto, apologised for the actions of the two military policemen.

In a press statement released on Tuesday, July 27, Colonel Herd stated that his men had overreacted and acted as vigilantes. The victim (Steven) and his adoptive mother, along with Merauke Police Chief, Untung Sangaji, and Vice-chairman of the regional People’s representative, Marotus Solokah, attended Tuesday’s press briefing (Jubi, July 27).

Military policemen detained
Kadispenau from the Air Force stated that the two men had now been detained under Commander J.A. Merauke’s supervision while POMAU Merauke investigates the incident.

Kadispenau said: “The Air Force army does not hesitate to punish according to the level of the wrongdoings.”

Papuan human rights defender Theo Hesegem said the two Air Force officers’ actions were unprofessional and should immediately be dealt with in accordance with the law applicable in the military judiciary in Papua, not outside Papua.

“They should be dismissed and fired,” Hesegem said.


Natalius Pigai, Indonesia’s former human rights commissioner, slammed the incident as “racist”.

Pigai said on his Twitter account: “Not only members of the security forces, but Indonesia’s high officials who are racist should also be punished.”

“Unless,” Pigai added, “Indonesia’s president Jokowi nurtures the racism committed by his tribe.” (Warta Mataram, July 27).

Suitable place for the ‘lazy’
Recently, Tri Rismaharini, Social Affairs Minister of Jokowi’s government, said that “lazy people” in the state civil service would be moved to Papua. Inferring that Papua was a suitable place for lazy, useless, and low-IQ humans.

The racism issue will not be solved if people like Tri Rismaharini are not punished for their offensive remarks to Papuans.

Pigai remarked as such because of countless denigrating comments and statements from Indonesia’s highest office, in which he himself is often the target of racism.

But still, the country’s justice system fails to deliver justice for Papuan victims and hold the perpetrators accountable.

These incidents are not isolated incidents – they are just the tip of the iceberg of what Papuans have been facing for 60 years under Indonesian rule. Tragic footage like the one in Merauke attracts public attention only because someone captured it and shared it.

Most inhumane treatment in Papua’s remote villages rarely get recorded and shared in this way.

Growing up in a highland village, I witnessed these barbaric behaviours by members of Indonesia’s armed force. They were walking around in uniforms with guns; they did many horrible things to Papuans — just as they wished, without consequence.

Submerged in dirty fishpond
One elder from my village was forced to stay underwater in a dirty fishpond. They military tied a heavy log to his legs so that his body remained underwater all day.

I also remember that my cousin, a young girl aged 13 -14 with whom I went to school, often provided sexual services to a nearby Indonesian military post.

Many soldiers would have their way with her. Not just her, but many young female children face the same fate throughout the villages.

The video of the inhumane treatment of deaf Papuan youth Steven a few days ago in Merauke by Indonesia’s Air Force officers reminded me of many horrible things I had witnessed in the highlands of Papua.

Unfortunately, these crimes hardly get resolved, and perpetrators walk free while victims get punished.


This inhumane treatment brings to mind the tragic killing of George Floyd after a white Minneapolis police officer, Derek Chauvin, pressed his knee on Floyd’s neck for nine minutes as he lay face down in the street on 25 May 2020.

However, in this case, the four officers involved were dismissed from their jobs and prosecuted. Derek Chauvin was sentenced to more than 20 years for the killing on June 25, 2021.

Rarely face justice
Tragically, in Papua, the perpetrators of these sorts of crimes rarely face justice and may even get promoted despite their atrocious acts.

Although Jakarta has already apologised for the Merauke atrocity, Jakarta elites are delusional, thinking that empty apologies alone will solve Papua’s protracted conflicts.

If anything, this cheap word “sorry” does more damage and rubs even more salt in the Papuans’ wounds.

Jakarta’s favourite word, “sorry”, has its own value when used appropriately in a specific place and time, like when you accidentally tip over your friend’s coffee cup.

Papuans and Indonesians protracted wars are not fought over spilling a cup of coffee; these wars are fought are over serious gross human rights violations committed by Indonesia’s state-sponsored security forces, supported by Western powers.

Hence, neither Papuans’ wounds nor their dignity can be healed or restored with a cheap apology. Papuans need and demand justice.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.


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3) KontraS Laments Use of Excessive Force by Authorities in Papua
 Translator: Ricky Mohammad Nugraha  
 Editor: Laila Afifa 
29 July 2021 20:38 WIB 

TEMPO.CO, Jakarta - The Commission for Missing Persons and Victims of Violence (KontraS) on Thursday spoke up about the latest incident regarding authorities using excessive force in Merauke, Papua, where two air force (TNI AU) personnel forcefully tackled a civilian on the ground. This unfortunate incident was recorded by a bystander and went viral on Tuesday, July 27.

KontraS legal affairs coordinator Andi Rezaldy argues that authorities’ approach of using violence is not a solution to tackle issues of violence in Indonesia's easternmost province. 

“The string of violences happening in Papua proves that the mobilization of security forces and using violence will not solve the root problem,” he said to Tempo on July 29. “The country should be able to read into the situation in Papua and see the substance of the problem.”

From the policy perspective, there is no accountability and transparency in the security mobilization through the Armed Forces (TNI) personnel even though Law No.34/2004 on Indonesian National Soldiers mandates mobilization of forces must be under the President’s orders. 


“However, the President never announced it and there are no documents that can be accessed in public corroborating that,” said Rezaldy.

He recalled KontraS requesting information transparency on the TNI and National Police mobilization to Papua but has yet received any response.

The watchdog recorded 16 cases of violence from January this year alone; with 17 people injured, 73 were arrested, and 10 deaths. The victims were dominated by activists with 25 people, followed by non-job civilians with (15), and students (5). 

Read: Police Members Reportedly Beat Papuan Following TNI Violence Case

EGI ADYATAMA

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4) Papua Incident; Air Force Pays Customary Fine

Translator: 
 
Editor: 

Laila Afifa

TEMPO.CO, Jakarta - Steven (17) is a man with disabilities in Merauke, Papua, who went viral on social media after he was subdued on Monday by two TNI's Air Force members. One Air Force personnel pinned him to the ground while the other stepped on the man’s head on a sidewalk.  

Immediately after this incident, the commanders of military districts, air bases, and military police met with religious figures, public figures, Papuan youth figures, and the relatives of Steven. 

Presidential special staff of politics, law, and human rights, Sunarman Sukamto said the meeting produced a peaceful solution, especially with the victim’s family. However, he asserted that the two personnel who committed the degrading act will be legally prosecuted.

“As part of the peace deal, the Indonesian Air Force has given a pig, staple food, and an amount of money,” Sunarman confirmed to Tempo on July 29. 


The mutual agreement took place on Wednesday also had both parties agree not to conduct any follow up measures. 

Just hours after the video went viral, the Indonesian Armed Forces (TNI) commander issued a public apology and offered an apology on behalf of the two Air Force personnel who acted outrageously in pacifying a prior situation that led to the incident. 

Both the Air Force’s sergeant and private involved have been named suspects and are undergoing legal proceedings in Papua. 

Read: KontraS Laments Use of Excessive Force by Authorities in Papua

CHETA NILAWATY P

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