Monday, December 13, 2021

1) DISPLACED PEOPLE IN MAYBRAT RETURN TO VILLAGE TO TAKE THEIR STUFF TO CAMPS


2) Papua court ruling a win for local government, Indigenous groups against palm oil
3) Marking Human Rights Day, AJI launches Legal Aid Association for the Press
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1) DISPLACED PEOPLE IN MAYBRAT RETURN TO VILLAGE TO TAKE THEIR STUFF TO CAMPS

News Desk December 13, 2021 1:26 pm


The villagers Kisor, when ready to go visit the village on December 9, 2021 - Jubi/Doc. The national human RIGHTS commission Representatives Papua


Jayapura, Jubi – Tens of residents of Kisor Village, South Aifat District, Maybrat Regency who have been displaced since September, returned to their village on December 9, 2021, though it was only for a few hours to collect some of their stuff and day-to-day needs and take it with them to the refugee camps.

A member of the Complaints Division of the Papua office of the National Commission on Human Rights (Komnas HAM), Melchior S Waruin, said that his party assisted as many as 98 internally displaced people who went to take their belongings in the village.

“After coordinating with the Regional Government Coordination Forum, the residents together with the Komnas HAM headed to Kisor Village, using 27 cars prepared by the Maybrat Administration,” Waruin told Jubi on Sunday, December 12.

According to him, when entering the village some of the mothers began to cry, they felt grateful to be able to return to their village, even if only for a moment.

When the people arrived at their houses, Waruin said, most of the houses were damaged. “Inside the house is a mess. These people can only pack items that are handy, such as clothes, securities, mattresses, and others. Some people took their motorbikes. There are also those who complain because important items are missing,” he said.


Waruin said the displaced people were at the Kisor Village for about four hours before returning to the evacuation posts. However, such a brief visit implied a message for all parties, especially the Maybrat Administration, that the displaced people wanted to return to their lives before the armed conflict, they wanted to live in their villages peacefully.

“They want to eat from what they earn, sleep in their own houses, and slowly rebuild the peace that has been torn apart. [To live a peaceful life] is irreplaceable,” said Waruin.

“There must be a clear scheme from the local government regarding guarantees of security, basic needs, education, and health, as well as repairing damaged houses,” he added.

At least 3,121 residents of Kisor Village fled after the attack on the Kisor Military Post by an armed group on September 2. The attack killed four Indonesian Military (TNI) soldiers and injured two other soldiers. After the incident, the security forces immediately swept through villages chasing the alleged perpetrators, prompting the people to take refuge. The displaced people are now scattered in Ayawasi, Kumurkek, Fategomi, Sorong City, Sorong Regency, South Sorong, and Bintuni. Some are still taking shelter in the forest.

Bernardus Baru of the Order of Saint Augustine Sorong-Manokwari Diocese said the residents intended to return to their hometowns because according to their observations, there have been no longer attacks between the TNI and police and the West Papua National Liberation Army in their villages recently.

“This indicates that their village is safe so they should return home soon,” he said, adding that the Christians also hope to celebrate Christmas in peace and joy with their families in the village. (*)

Reporter: Arjuna Pademme

Editor: Dewi Wulandari



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2) Papua court ruling a win for local government, Indigenous groups against palm oil

by Hans Nicholas Jong on 13 December 2021

  • A lawsuit by two palm oil companies to overturn a decision by a district government revoking their permits has been rejected by a court in Indonesia.
  • The ruling, which can still be appealed by the firms, would allow the government of Sorong district in West Papua province to take over the companies’ concessions, which span a combined area larger than New York City.
  • It also paves the way for the Indigenous communities whose territory fell within the concessions to finally have their land rights officially recognized.
  • The Sorong government still faces two other lawsuits filed by a third company whose permit it also revoked; a ruling is expected before the end of the year.

JAKARTA — A court in Indonesia has rejected a bid by two palm oil companies to have their permits restored after they were scrapped by local authorities for a litany of violations. For the Indigenous peoples whose territory fell within the companies’ concessions, the ruling offers a rare chance to finally have their land rights officially recognized.

On Dec. 7, state administrative court in Jayapura, Papua province, dismissed the lawsuits filed by PT Papua Lestari Abadi (PLA) and PT Sorong Agro Sawitindo (SAS) against the decision made by the district government of Sorong in West Papua province to revoke their permits.

The Sorong government rescinded the permits of three companies on April 27, after years of struggle by Indigenous communities in the region to get their land rights recognized and defend their territories from palm oil companies. In justifying the decision, the government said the companies had failed to fulfill their obligations as laid out in the plantation permits, such as reporting the progress of their operations, updating changes to their shareholding, and keeping their location permits up to date.

The three companies also lacked a right-to-cultivate permit, or HGU, the last in a series of licenses that oil palm companies must obtain before being allowed to start planting.

The violations were uncovered during a province-wide audit of oil palm plantation licenses, which was started in 2018 and found widespread administrative and legal violations, including lack of necessary licenses and land abandonment. The audit was jointly carried out by various government institutions, including the national anti-corruption agency (known as the KPK), the Ministry of Environment and Forestry, and the Ministry of Agriculture; and was a mandate of President Joko Widodo’s freeze on issuing new palm oil permits.

Two of the companies, PLA and SAS, chose to challenge the revocation, arguing that it was done unlawfully and had harmed them. But the Jayapura court has now ruled otherwise.

Sorong district head Johny Kamuru, who had ordered the revocation of the permits, welcomed the ruling.

“I think this is a victory for all of us, not just me,” he said in an online press conference after the verdict. “This [ruling] opens the door for forest management in Papua region.”


Gideon Kilme, an Indigenous Papuan whose village of Tarsa in Konhir subdistrict overlapped with SAS’s concession, also welcomed the ruling.

“Today, we feel very relieved,” said Gideon, who only found out about the overlap after the permit was revoked in April.

Petrus P. Eli, one of the lawyers representing the Sorong district government in the lawsuit, said the two companies could still file an appeal. The Sorong government also faces two other lawsuits, both filed by PT Inti Kebun Lestari (IKL), the third palm oil company whose permit was revoked. Rulings in both cases are expected before the end of the year, Petrus said.

Together, the three companies held concessions covering 90,031 hectares (222,471 acres) of land in Sorong — an area larger than New York City.

Nur Amalia, another lawyer representing the district government in the case, said the state would be able to take control over the three concessions once the verdicts are final, which means either the companies choose not to appeal, or their appeals are rejected.

“But if the companies file an appeal, then the status of the lands is still status quo until the verdicts are final,” she said. “But the discussion on the future [of the lands] can start now even if the companies file an appeal.”

The companies’ lawyer, Juhari, said they would appeal the verdict.

Johny said his government is coming up with a plan to give back the land to the Indigenous communities living in the area and improve their livelihoods. The district recently established a committee tasked with identifying the area’s Indigenous groups as well as verifying and validating their requests for official recognition of their customary rights.

According to the EcoNusa Foundation, an NGO that advocates for community-led sustainable resource management in Indonesia’s eastern regions, there are six subdistricts in Sorong that are in the process of applying for their Indigenous territories to be officially recognized, some of which overlap with the rescinded concessions.

 

Banner image: A trial session of a lawsuit filed by two palm oil companies against Sorong district head Johny Kamuru in the Jayapura state administrative court in Papua. Image courtesy of Roberto/EcoNusa Foundation.

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3) Marking Human Rights Day, AJI launches Legal Aid Association for the Press
Suara Papua – December 10, 2021

Arnold Belau, Jayapura – Coinciding with the commemoration of International Human Rights Day on December 10, the Jayapura city Alliance of Independent Journalists (AJI) have launched the Papua Legal Aid Association for the Press (Perkumpulan Bantuan Hukum Pers Tanah Papua, PBHPTP).

In opening the launch, AJI Jayapura Chairperson Lucky Ireeuw said that Law Number 40/1999 on the Press was established based on the consideration that press freedom represents one of the concrete forms of the people's sovereignty and is an important element in realising a democratic social and national life, so the freedom to express ideas and views as contained in Article 28 of the 1945 Constitution must be guaranteed.

One of the biggest jobs in Indonesia since 1969 has been related to the state of press freedom in Papua. According to AJI Indonesia's data, there were as many as 114 cases of violence against journalists in Papua over the last 20 years, or between 2000 and 2021.

"It is these cases of violence against the press which have become a big problem for the world of journalism in Indonesia, including Papua, said Ireeuw.

The editor of the daily Cenderawasih Post continued saying the national Press Freedom Index (IKP) survey conducted by the Press Council over the last four years (2017-2020) found that Papua consistently scored last with a press freedom category of rather or quite free.

"One of the reasons is because of the frequent cases of violence against journalists in Papua", he said.

The violence referred to is not just in the form of physical violence, but also psychological violence in the form of threats, intimidation, prohibitions, various kinds of digital attacks both against journalists as well as media outlets, and terror which threatens journalistic work and press freedom in Papua and West Papua provinces.

Of the many cases of violence against journalists in Papua, many are not dealt with properly or resolutions in the case are unclear.

"This situation indicates that there are no guarantees, legal certainty or sense of justice for journalists who become victims of violence", he said.

In such as situation, continued Ireeuw, an organisation or institution is needed which of course can focus on advocacy for Papuan journalists.

"Coinciding with International Human Rights Day, December 10, 2021, the AJI has initiated and officially established the Papua Legal Aid Association for the Press (PBHPTP), as an institution which has a legal standing and which can play a role in defending the rights of journalists who suffer violence in the land of Papua", he said.

The PBHPTP will not just provide benefits for all print and electronic journalists in Papua, but will also indirectly benefit the central and regional governments, as well as elements of the legislative, judiciary, the TNI (Indonesian military), Polri (Indonesian police), civil society organisations, traditional communities and society in general in the land of Papua.

"The final aim of having this institution is the realisation of justice for journalists and press freedom in the land of Papua", he said.

The launch of the PBHTP, which was held at a hotel in Jayapura city on Friday, was attended by the commander of the Cenderawasih XVII military command, the Papua regional police chief, the Papua provincial government legal bureau and representatives from other government institutions such as the National Human Rights Commission (Komnas HAM) as well as journalists and journalist organisations.

[Translated by James Balowski. The original title of the article was "Hari HAM Sedunia, AJI Jayapura Launching PBH Pers – Suara Papua".]

Source: https://suarapapua.com/2021/12/10/hari-ham-sedunia-aji-jayapura-launching-pbh-pers/


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