12-year-old was one of seven boys allegedly assaulted after being arrested on suspicion of stealing a weapon from soldier
Konradus EpaKonradus Epa, Jakarta Published: February 28, 2022 08:59 AM GMT
Relatives of Makilon Tabuni take the child's body home ahead of his funeral. He died after he and six other boys were allegedly beaten by soldiers after being accused of stealing a
weapon from a soldier at Tapulinik airport in Puncak Jaya district, Papua province. (Photo supplied)
Rights groups have accused Indonesian soldiers of killing one child and severely beating six others after
accusing them of stealing a weapon from a soldier in Indonesia’s Papua region.
Up to 12 young children were reportedly arrested on Feb. 27 in Puncak Jaya district after a soldier providing
security at nearby Tapulinik airport reported his weapon missing.
While in custody seven were allegedly beaten so badly that Makilon Tabuni, 12, died, while six others
were taken to hospital with various injuries.
The ages of the injured boys or the others taken into custody were not given.
The Legal Aid Foundation in Papua accused the soldiers of committing an act of barbarism against
the children, who were falsely accused of stealing because three men, who were not identified, were
later suspected of the theft.
“After the weapon was lost, soldiers hunted for the perpetrators and searched for the weapon in houses
of local people where they arrested the children, took them to their base and beat them,” Emmanuel Gobay, the rights group’s director, told UCA News on Feb. 28.
"Whatever the reason they were accused, how can they be tortured and even killed? Civilians, particularly
children, can't be singled out like this”
“This is not the first time children have fallen victim to unlawful killing. Such behavior is unacceptable and
those responsible must be brought to justice.”
The Indonesian military were accused of killing three schoolchildren in Puncak in West Papua in
Nov. 2020, while a child was killed and one wounded when government forces clashed with separatist
insurgents in October last year.
Theo Hesegem, executive director of the Papua Justice and Human Integrity Foundation, also
condemned the alleged abuse.
“Indonesia's military chief General Andika Perkasa said security forces would adopt a softer approach
to dealing with problems in Papua but this incident with the children suggests otherwise,” Hesegem
said on Feb. 28.
Amnesty International Indonesia also condemned the incident.
“Whatever the reason they were accused, how can they be tortured and even killed? Civilians, particularly
children, can't be singled out like this,” Amnesty International Indonesia’s deputy director Wirya Adiwena
said on Feb. 27.
He called for an independent and transparent investigation in order to give justice to the victims and
1) Calls for NZ govt to condemn charges against West Papuan activist.
10:44 am today
The West Papua Action Aotearoa is calling on the New Zealand Government to condemn the charges of treason brought against West Papuan activist Victor Yeimo.
West Papua Action Aotearoa spokesperson Catherine Delahunty said Mr Yeimo's only crime was to stand up against the abuse of West Papuan students in Indonesia.
Ms Delahunty said her group is asking Foreign Minister Nanaia Mahuta to stand up for human rights in our neighbourhood.
She said the case has attracted a strong response from UN Special Rapporteurs, but the New Zealand Government only said it is 'concerned' and that its officials will 'raise the case'.
The human rights defender is the leader of the pro-independence West Papua National Committee of KNPB.
His trial was to be held in August last year but was delayed because he was seriously ill.
Mr Yeimo remains under treatment for serious respiratory illness.
The West Papua Action Aotearoa said it believes that the Indonesian authorities are attempting to criminalise a leading activist whose record shows that he has always been dedicated to peaceful methods of protest, including making representations to the UN Human Rights Council.
2) Globalizing the struggle against occupation: West Papua
Nathan Wall·Features·February 25, 2022·5 min read
When the issue of modern-day military occupations is brought up, most people immediately think of Israel and Palestine. The Republic of Indonesia is likely far from their minds. When Americans think about Indonesia, they probably picture the beautiful beach resorts of Bali, the jungles of Sumatra, or the populous province of Java. Most probably do not associate Indonesia with military occupations, coups, fascism and vicious human rights abuses. Since the 1965 U.S.-backed coup that brought General Suharto to power and ushered in a 33-year reign of terror that ultimately claimed the lives of roughly one million people, the Indonesian government has been hostile towards human rights.
The indigenous people of Indonesia have been the most abused. Some of the abuses include the 1975 invasion and subsequent occupation of East Timor, which killed 250,000; the mass killings in Bali in 1965 which targeted Hindus and indigenous people; and the heavy-handed military campaign to suppress the independence movement in Aceh, a province on Sumatra. There is also the proposed move of the capital from Jakarta on the island of Java to the island of Borneo, which threatens to displace 20,000 indigenous people from 21 tribes. All of these incidents are connected to corporate profits: the Timor Sea is rich in oil and gas, and following the invasion of East Timor, Australia and Indonesia signed the Timor Gap Treaty, dividing up those reserves (incidentally, the government of Australia covered up and supported Suharto’s crimes against humanity). Suharto’s massacres in Bali paved way for the tourism industry in Indonesia, and Aceh is extremely oil-rich.
It’s also worth noting that the new capital’s proposed name is Nusantara, a Javanese name that Indigenous people of Borneo feel does not respect their culture. Indigenous people from Indonesia’s 2,244 tribes have faced extreme government brutality while resisting the takeover of their lands from private companies. They also face erasure from their leaders, with Indonesia in 2012 denying that any Indigenous people live in the country. But nowhere is this abuse clearer than in the Indonesian provinces of Papua and West Papua, known collectively as West Papua, which also happens to be where Black Indonesians are most concentrated.
West Papua makes up the western half of the island of New Guinea, which it shares with the Independent State of Papua New Guinea. In order to understand the occupation of West Papua, however, we have to go back to World War II. Since 1677, Indonesia was a Dutch colony, but in 1940, Nazi Germany invaded and occupied the Netherlands, and the Dutch East Indies were handed over to Imperial Japan. After the defeat of the Axis Powers in World War II, the brutal Japanese occupation of Indonesia ended, and the Dutch wanted it back. Indonesians, however, felt differently, and many were killed in the process of securing their freedom from the Dutch. Indonesia became a nation, with nationalist leader Sukarno becoming president, but the Dutch still held onto West Papua. In 1962, a dispute over the land led to President Kennedy convincing the Dutch to relinquish control, and the territory was handed over to the United Nations. A referendum was planned to allow Papuans to choose if they’d like to be independent, or part of Indonesia.
The 1965 CIA overthrow of Sukarno threw a wrench in that plan, because General Suharto was far less sympathetic to the indigenous people of Indonesia than his predecessor. On Aug. 2, 1969, the referendum was held, and out of roughly 800,000 Papuans, 1,026 were selected by Indonesia to decide if West Papua should be independent or part of Indonesia. Held at gunpoint, every single delegate voted to be incorporated into Indonesia. This referendum was called the Act of Free Choice, dubbed sarcastically as the “Act of No Choice.” Aug, 2 of this year will mark 53 years of occupation; it’s been a particularly brutal 53 years for the Papuans. Although the government of Indonesia denies wrongdoing, an estimated 100,000 Papuans have been killed, and many thousands of others have been arrested, tortured, raped and kidnapped by the Indonesian police and military since 1965. Cultural expressions have been repressed, and Papuans are subject to racist laws and abuse, such as an incident where Papuan university students in Java were called “monkeys” by their classmates.
On top of the racism, there’s also, again, the resources problem. West Papua is rich in oil, coal, gas, timber and precious metals, and corporations like Phoenix-based mining company Freeport-McMoran want those natural resources. In the process of getting them, Freeport-McMoran has been polluting rivers, destroying forests and blowing up mountains. The largest gold and copper mining operation on Earth, the Grasberg Mine, is run by Freeport-McMoran in West Papua. From 1998 to 2004, Freeport-McMoran provided millions of dollars to Indonesian military commanders, much like Chevron, Exxon and Shell did during Nigeria’s military dictatorship.
The abuses have continued to this day. In August 2019, Papuans, fed up with the racism, occupation and police and military brutality, erupted in protests, which were met with more brutality by Indonesian security forces, and later that same month, the internet was shut down. It’s not surprising to see that the abuses against Papuans continue to this day, when General Wiranto, a Suharto ally who oversaw massacres in East Timor, serves Indonesian President Joko Widodo (popularly known as Jokowi) as his top advisor. General A.M. Hendropriyono, the former head of Indonesia’s special forces, Kopassus, who was responsible for the Talangsari Massacre in Sumatra, is also an ally of Jokowi. General Prabowo Subianto, a fascist military leader responsible for genocide, killings and kidnappings in East Timor, Papua, Aceh, Jakarta and more, serves as Minister of Defense. Subianto is also General Suharto’s former son-in-law. Jokowi was supposed to be a civilian president, but these decisions show that he is afraid to stand up to the military.
The United States has continued to support these abuses. The previously mentioned Generals Subianto, Wiranto, and Hendropriyono, among others, maintain not-so-secret backchannels with the U.S. Government and were trained by the U.S. Military, according to Allan Nairn, a journalist who traveled to East Timor in 1991 along with Democracy Now!reporter Amy Goodman and was violently beaten by Indonesian soldiers while videotaping the Santa Cruz Massacre in Dili.
In 1965, the CIA destabilized Indonesia’s democracy, and the effects reverberate to this day. Although Suharto is long-dead, and Indonesia has a civilian president, the military still dominates political life. Kidnapping and torture are not distant memories for Indonesian activists, but an everyday reality. The United States is in a unique position to influence Indonesia’s government, as it is a top benefactor of the Indonesian army. Our government has the responsibility to decide between profits and geopolitics, or freedom and human rights.
1) Indonesia’s ‘New’ Security Approach in Papua is Fraught with Risks
Indonesia’s new military chief, General Andika Perkasa, is pursuing a new approach to handling the deteriorating security situation in Papua. During his fit and proper test at the Indonesian parliament in early November 2021, Gen. Perkasa promised he would abandon a
PUBLISHED 25 FEB 2022
MADE SUPRIATMA
Police stand guard outside Double O nightclub where at least 18 people were killed in clashes between two groups, in Sorong in Indonesia's West Papua province on January 25, 2022. (Photo: Yanti / AFP)
The Indonesian military has proposed a 'softer' and more 'humanistic' approach in dealing with the restive security situation in Papua. But this could be ill-advised and premature.
Indonesia’s new military chief, General Andika Perkasa, is pursuing a new approach to handling the deteriorating security situation in Papua. During his fit and proper test at the Indonesian parliament in early November 2021, Gen. Perkasa promised he would abandon a
The new approach will see soldiers in Papua doing more civic missions to win the hearts and minds of the Papuans. Apart from carrying out combat missions, soldiers will also function as teachers, healthcare workers, or infrastructure builders. It is hoped that by being closer to the ground, the troops would succeed in persuading tribal leaders not to support the rebel groups.
To operationalise the new approach, existing ‘non-organic combat troops’ in Papua, currently under the command of military units outside Papua, will be reassigned to the army’s Papua regional territorial units.
One problem with this approach is that it is widely known that the military commands in Papua do not have sufficient personnel and territorial units to deal with security disturbances. There would always be a need for non-organic troops from outside Papua. Between 2019 to 2021, according to Hipolitus Wangge, a graduate student at the Australian National University who compiled the data on military deployment, on average, around 9,000 additional troops were deployed per year to Papua.
The existing territorial organisation of the army in Papua, particularly at the district level (Kodim) and below, is woefully inadequate. There are only 22 Kodims in the region. (It is estimated that a Kodim in Papua comprises around 700-900 troops.) Ideally, there should be 60 Kodims in the two Military Regional Commands (Kodam) in Papua. Gen. Perkasa plans to add eight new Kodims in the near future.
To make up for the personnel shortages and reduce dependence on combat forces outside of Papua, so-called “Special Autonomy Non-Commissioned Officers” (NCOs, Bintara Otsus) have been created. The military and police plan to recruit 3,000 indigenous Papuan youths to serve in the police and army. This recruitment program has been underway since early 2020, when Gen. Andika was still the army’s chief of staff. These Special Autonomy NCOs are being educated and trained in Java. They have been “grafted” in Kodims throughout Java to learn about the TNI’s ‘territorial approach’ – which is unique to Indonesia and emphasises the military’s ‘dual-function’ (dwifungsi) doctrine of engaging in both military and civic missions.
Significantly, funding for the training of this Papuan unit is drawn from the Special Autonomy Fund rather than the state budget. It suggests that this move is being driven by the intent to use more indigenous Papuans to deal with Papuan separatism. But herein lies some potential dangers. The creation of the Special Autonomy NCOs has the potential to sow divisions among indigenous Papuans and perpetuate the conflict rather than extinguish it.
Activists and civil society organisations have responded to the shift in security approach with caution and some scepticism. Several organisations, including the National Human Rights Commission, welcomed this plan – partly because there had initially been some misunderstanding in equating the new humanistic approach with the withdrawal of troops from Papua.
Operations aimed at winning the hearts and minds of the population are usually directed at maintaining military gains obtained after combat operations. The sharp spike in the number of attacks between 2020 and 2021 suggests that the combat operations are far from complete.
Others have been more cynical. Reverend Socrates Yoman, President of the Fellowship of the Baptist Churches of West Papua (PGBWP) said that the move was ‘just a change of clothes’ for the non-organic troops. Similarly, the West Papua National Liberation Army spokesman, Sebby Sambom, did not believe the TNI’s promise to withdraw non-organic troops from Papua and dismissed the humanistic approach as ‘nonsense’.
Putting cynicism aside, any genuine move to de-emphasise combat missions and prioritise civic missions may be a bit of a gamble and premature, because the security situation in Papua has continued to deteriorate. Based on data from the Armed Conflict Location & Event Data Project (ACLED), attacks by the National Liberation Army/Free Papua Organization (TPN/OPM) against the TNI have increased sharply over the past three years.
Number of TPN/OPN Attacks on TNI/Polri, 2015 – 2021
Year
Number of Attacks
2015
12
2016
NA
2017
13
2018
25
2019
34
2020
73
2021
137
Source: ACLED
Usually, the ‘territorial approach’ is carried out only after combat operations are completed successfully. Operations aimed at winning the hearts and minds of the population are usually directed at maintaining military gains obtained after combat operations. The sharp spike in the number of attacks between 2020 and 2021 suggests that the combat operations are far from complete.
It is still too early to measure the success and sustainability of Gen. Perkasa’s shift in security approach for Papua. Furthermore, he has only ten months to fully implement his plans, as he is due to retire at the end of this year. But based on the current realities on the ground, it looks like achieving success could be a long shot.
2) Papua rights activist Victor Yeimo rejects treason charges
Suara Papua – February 22, 2022
Atamus Kepno, Jayapura – The preliminary court hearing against West Papua National Committee (KNPB) international spokesperson Victor Yeimo was held at the Jayapura District Court in Abepura, Papua, on Monday February 21.
During the hearing, the public prosecutor read out the indictment in which he charged Yeimo under the makar (treason, subversion, rebellion) articles.
The defense believes that the charges are excessive because what happened in August 2019 was a response to the racism which is rooted in the nature of the Indonesian population against Papuans.
The prosecution said that during the protest actions which ended in riots on August 29, 2019, there was verbal as well as written involvement of the defendant along with his colleague the chairperson of the KNPB, Agus Kossay, in demonstrations which were facilitated by the chairpersons of the Student Executive Council (BEM) in Jayapura.
"They [the chairpersons of the West Papua National Parliament (PNWP), the Federal Republic of West Papua (NRFPB), the West Papua National Coalition for Liberation (WPNCL) and the Free West Papua Campaign (FWPC), together with the defendant], called for, and took part in committing the act of makar with the maximum [aim] of all or part of the country's territory [separating from Indonesia]", said prosecutor Andrianus Y. Tomana in reading out the charge sheet at the Jayapura District Court on Monday.
According to the prosecutor, the defendant is being indicted for crimes under Article 106 of the Criminal Code (KUHP) in conjunction with Article 55 Paragraph (1) on the crime of makar, Article 110 Paragraph 1 of the KUHP on criminal conspiracy to commit a crime, and Article 110 Paragraph 2 on endeavoring to mobilise people or call on people to commit a crime.
"An alliance of several organisations made up of the PNWP, the NRFPB, the WPNCL and the FWPC, conducted political mobilisations overseas to get international political support so that it would be taken to and be discussed at the United Nations [General] Assembly in order to obtain political rights in the form of a referendum for Papuan independence", said the prosecutor.
In response, Yeimo conceded that it was true that he was involved as a participant in the anti-racist demonstration on August 19, 2019, however the action proceeded without problems and after it finished the protesters returned home in an orderly manner.
"I was arrested only because of the racism case, indeed I was involved and it's true there were speeches. But it was not just me that gave speeches, the DPRP [Papua Regional House of Representatives] spoke, the governor spoke, all of the Papuan people spoke at the time. So if I'm being tried, why aren't they being tried", he asked.
Yeimo explained that he attended along with other Papuan people in order to oppose and to fight against racism in the form of a demonstration and this opposition was conveyed peacefully at the Papua governor's office.
"I was involved in providing security for the Papuan protesters heading towards the governor's office, we conveyed our aspirations transparently at the governor's office, we returned home peacefully without incident. So I reject the charge of makar because the prosecutor is fabricating it all", he asserted.
Yeimo rejected the prosecutor's charges because racism is the mutual enemy of individuals, groups and institutions, nationally as well as internationally. So following the hate speech against the Papuan students in Surabaya, East Java, all the Papuan people felt struck to the core.
"The DPRP, the governor, everyone who exits in this land was struck to the core by these racist actions. I am a human being, not an animal, I'm not a monkey, I was struck to the core and I was involved in the anti-racist actions and I have the right to defend my nation", he said.
Meanwhile with regard to the actions which followed, Yeimo claimed he was not involved as an individual or organisationally in organising or planning the follow up actions.
"Indeed I myself was not involved there because I know that the second round of actions were organised by other parties to intentionally damage our struggle in Papua. To intentionally play people off against one another, migrants against indigenous Papuans", he explained.
Yeimo said he believes that the prosecutor's indictment is full of wild assumptions which involve the actions of the United Liberation Movement for West Papua (ULMWP), the PNWP, the NRFPB, the WPNCL and the FWPC. He rejects the charges in subjective as well as objective terms.
"If you want to try [ULMWP Chairperson] Benny Wenda then please go ahead and try Benny Wanda, [ULMWP Deputy Chairperson] Buchtar Tabuni, [ULMWP Legislative Committee Chairperson] Edison Waromi, the ULMWP, the KNPB leadership, please go ahead and try them. If there is another case besides the racist incident please go ahead and try it because I think that it has already been tried", he said.
Yeimo said that he is not guilty in the case involving the actions against racism because racism is our mutual enemy.
"I am in no way guilty in this case because my involvement in the actions against racism was because racism is our mutual enemy. All of us, so we will fight together so if this hearing is to proceed properly I ask that this case be as just as possible", he said.
Victor Yiemo's lawyer meanwhile, Gustaf Kawer, said that his client is ill and must receive routine treatment.
"The condition of the defendant is that he is ill and is undergoing a six month program of treatment which was extended again to nine months. So there is still five more months", he explained.
Kawer said he hopes that the judges and the prosecution will look carefully at the medical condition of the defendant so the hearings can proceed smoothly.
"The defendant also [unclear] health is not upset by of course a process which is other then smooth, this is justice that must exist for the defendant", he said.
[Translated by James Balowski. The original title of the article was "Victor Yeimo: Saya Tolak Dituntut Makar".]
1) EU calls on Indonesian govt to allow UN to visit West Papua
News Desk February 24, 2022 11:09 am
illustration - IST
Jubi TV – The European Union (EU) Commission has called on Indonesia to allow the United Nations (UN) High Commissioner for Human Rights to visit Papua, internationally known as West Papua, as well as urging Indonesia to extend the permanent invitation to all Special Rapporteurs and Mandate holders. EU High Representative/Vice President of the Union for
Foreign Affairs and Security Josep Borell conveyed this on Monday, February 21, 2022.
Borell said EU-Indonesia relationships were supported by the 2014 Partnership and Cooperation Agreement. Recent discussions with Indonesia took place in the context of the Human Rights Dialogue (27 May 2021) and the Joint Committee (22 June 2021).
He acknowledged that ever since the democratic transition, respect for human rights in Indonesia has increased rapidly. However, the EU noted that the protection and fulfillment of freedom of expression, association, and peaceful assembly remains a concern in West Papua. The EU supports Indonesia’s territorial integrity but also encourages inclusive dialogue to address the problems experienced by local residents and ensure respect for human rights.
“The EU encourages Indonesia to allow the UN High Commissioner for Human Rights to visit West Papua and urges Indonesia to extend the permanent invitation to all Special
Rapporteurs and Mandate holders,” Borell told Jubi via email.
Since 2001, the EU has supported the Indonesian government’s efforts to promote the sustainable development of Papua and West Papua provinces, by allocating EUR 4.7 million specifically to these two provinces in the areas of democracy, civil society, peace, health care, education, and land use planning.
In addition, the EU has funded projects in Indonesia with more than EUR 112 million in the sectors of climate change, deforestation, education, health, and human rights, which also includes activities in Papua and West Papua.
Member of the European Union Parliament from Spain Carles Puigdemont i Casamajó told Jubi by email that previously on 1 December 2021, he and his two colleagues, Antoni ComÃn i Oliveres and Clara Ponsatà Obiols, had submitted a written question to the European Union Commission. They asked for an explanation of the framework agreement with Indonesia in 2014 in which ‘human rights’ was mentioned 17 times.
Casamajó and his colleagues wondered if respect for human rights in West Papua and the release of political prisoners like Viktor Yeimo be a condition for negotiating a free trade agreement with Indonesia in the next round of negotiations.
They also asked if the EU High Representative/Vice President of the Union for Foreign Affairs and Security would ask the Indonesian government to allow the UN High Commissioner for Human Rights a visit to West Papua.
“We also wanted to know how much money has been allocated to West Papua by the Commission since 2001 and for what purpose,” said Casamajó.
Benny Wenda, chairman of the United Liberation Movement for West Papua (ULMWP), admitted that with the support of the European Union, it means there are 27 more countries that support the visit of the UN Human Rights Commissioner to West Papua. Previously, 81 Pacific, African and Caribbean countries had expressed their support.
“Finally, we have a clear position from the EU, that they are calling for Indonesia to allow a UN visit to West Papua,” Wenda told Jubi.
Indonesia's Catholic leaders have urged the central government to listen to the aspirations of local people in Papua while making plans for new provinces in the easternmost region.
The Ministry of Home Affairs is proposing to have six new provinces in place of the current two — Papua and West Papua — drawing protests from Papuans who suspect it may further tighten government control over the territory and marginalize the indigenous peoples.
Father Yohanes Jeharut, executive secretary of the Lay Apostolic Commission of the Indonesian bishops' conference, said the conference has not officially stated its position on this proposal as it respects the autonomy of bishops in the Papua region.
However, he said, it was hoped the government would prioritize people's safety as the highest law principle in implementing this proposal.
Speaking at a discussion organized by Catholic Youth on Feb. 22, Father Jeharut underlined the need to appreciate that the Papuans are stakeholders, not the interests of the central government, political parties and capital owners.
He cautioned the central government not to rush the proposal as it had the potential to trigger a big conflict.
“The birth of a new autonomous region causes indigenous Papuans to be increasingly marginalized due to massive transmigration of residents from outside the region”
“A comprehensive evaluation of the government's approach so far in Papua is needed,” Father Jeharut said.
Stefanus Asat Gusma, chairman of Catholic Youth, said: “Don't let this new autonomous region only be in the interests of the elite in Jakarta.”
Father Alexandro Rangga from the Franciscans' Secretariat for Justice, Peace and Integrity of Creation in Papua said he could perceive the proposal’s motive to gain control over Papua's natural resources.
"The birth of a new autonomous region causes indigenous Papuans to be increasingly marginalized due to massive transmigration of residents from outside the region," he said.
He said the policy was not a solution for the welfare of the Papuan people because it was proved that in several new districts that were divided in the last few years, problems such as malnutrition and poor health services continued to occur.
“Let the government sit down and discuss with the local people because public services have not been fully felt by the community," he said.
Father Rangga pointed out that according to the recommendations of the Indonesian Institute of Sciences research, the government should focus on solving four main problems — development failure; marginalization and discrimination of indigenous Papuans; human rights violations; and the history and political status of the Papua region.
Emanuel Gobay, director of the Papua Legal Aid Institute, said that in accordance with a 2021 government regulation, the proposed Papua administrative regions needed to be aimed at elevating the dignity of indigenous Papuans.
Meanwhile, Veronica Koman, a leading Papuan rights activist, expressed apprehension that the military and police presence would increase with the proposed provinces in the region.
“This will bring Papuan people’s lives under more militarism,” she said, urging local people to reject the government plan to introduce more provinces.
Militarisation, Conflict and Injustice in Maybrat Regency, West Papua
17 Feb. 2022
Located right in the heart of the Bird’s Head Peninsula at the Northwest corner of West Papua (see Figure 1 below), Maybrat has often been hidden from the world’s view, due to its remoteness and lack of coverage. As one of the regencies that sprang up in the process of forming new administrative subdivisions (pemekaran) in 2009, Maybrat is part of the wider province of West Papua.
Figure 1: Map of West Papua Province. Maybrat Regency is the landlocked green region near the centre. (Source: Monitor Keadilan)
Below are some basic statistics:
Area: 5,461.69 km²
Population: 40,649
98.65% Christian
Third lowest HDI score in West Papua Province[1]
Following a period of military expansion in the region, Maybrat has been the scene of violence between the military and West Papua’s pro-independence armed group, TPNPB (Tentara Pembebasan Nasional Papua Barat, the National Liberation Army of West Papua). This briefing shows drivers of recent conflict in Maybrat, especially militarisation and natural resource contestation. This has led to increasing tensions in two districts of Maybrat especially, an attack allegedly carried out by TPNPB on military posts, and the persecution of people accused of involvement in the attack, including children. They have been subject to rendition, trial and imprisonment in another area of Indonesia. Human Rights Defenders (HRDs) who have been involved in defending the six defendants have also had injustices meted out to them. The situation in Maybrat brings the province closer to what has been seen throughout the rest of West Papua in recent years. This briefing will hone in on the situation in West Papua province in recent years, looking at the nature of and reason for the uptick in incidents
Maybrat Heating Up
Until last year, Maybrat was a relatively quiet area when it came to the conflict, often more focussed in the region closer to the border with Papua New Guinea. In fact, there had been no reported cases in the Province of West Papua for the past five years.[2] The current rate has been concomitant with the increase in armed incidents across West Papua as a whole, which saw an increase of 87.75% in 2021 from what was seen in 2020.[3]
However, the Regency as a whole had already seen several protests at the lack of infrastructure and development facilitated by the government, focussed on particularly improving road and healthcare infrastructure.[4] These demands have been combined with protests against new military posts being constructed in the districts of South & East Aifat, as well as government-sponsored transmigration into the area. Indeed, in the last few years, the security forces have carried out sweeps or armed raids of villages and the surrounding countryside, conducting arbitrary arrests, which has raised the temperature in West Papua province and Maybrat Regency.[5]
The military has been given a mandate to assist with development efforts since Presidential Instruction 29 in 2020.[6] Along with influencing development activities, the new military posts in South and East Aifat were created after a new District Command (Kodim) was established specifically for Maybrat Regency in March 2021.[7] he effect of new Kodim can be seen in neighbouring Tambrauw Regency,[8] where Indigenous people were pressured to release communal land to the military, reportedly under intimidation (though denied by the military),[9] causing many protests.[10] This has also occurred in protests against new military bases in southeast Aifat.[11]
With a new Kodim and more posts, military action within Maybrat has become more intense and is creating more victims. On 25 October 2021 in Fuok Village, the military swept the area, shooting Manfred Tamunete. The authorities have not provided updates on Tamunete on his condition or his current whereabouts, and he has not yet returned home.[12]
This creation of a new Kodim would not have been possible without new districts being created, including the creation of Maybrat Regency in 2009.[13] As well as districts, Jakarta is also planning to further subdivide West Papua’s two provinces into a total of six new provinces: Maybrat would be in a new ‘Northwest Papua (Papua Barat Daya) Province’.[14] A new province would leave the door open for the military to create a regional command (Kodam), with more permanent troops being based in the vicinity of Maybrat, more tensions and further conflict.
The Fight for Land
The perceived abundance of land in Maybrat has made it a target for companies wanting to develop palm oil plantations. Local government has also targeted land for development.[15] In 2016, the indigenous community in Maybrat protested against the planned expansion of a palm oil plantation by 40,000 hectares, doubting PT ANJ’s commitment to improve the local community and seeing a poor rate of compensation given to other communities for their land. Violence has often accompanied their arrival.[16] These methods contradict the 2001 Special Autonomy Law, which requires a broad-based local consultation before any agreement can be made.[17]
Yet there has also been success in resisting the actions of these large companies. In neighbouring South Sorong Regency, the Regent cancelled permission given to two companies, PT Anugerah Sakti Internusa (PT ASI) and PT Persada Utama Agromulia (PUA), for plantation concessions totalling 62,000 hectares. Both companies appealed against the decision on 29 December 2021, but local residents are campaigning to uphold its cancellation.[18]
Targeted Arrests & Mistreatment
Three members of the National Committee for West Papua (KNPB) in Maybrat were arrested in sweeps between 15-23 April 2020,[19] which led to internal displacement of villagers, physical intimidation and the reported death of Joni Aimau.[20] They were found with a machete, bow and arrows and an air rifle.[21] It was suspected that their membership of the KNPB was one of the reasons they were arrested[22] and they were initially blocked from communicating with their lawyers,[23] before being charged with criminal conspiracy and treason. They were eventually acquitted in February 2021, due to a lack of evidence.
While that story ended with acquittal, the arrest, trial and sentencing of Adam Sorry was carried out with many irregularities. Adam was the Chairman of the KNPB Branch in Maybrat, and was ill-treated while under arrest.[24] He was charged with ‘collective violence’ and homicide[25] and was sentenced to six years’ imprisonment, despite the trial not seeing fingerprint evidence, which had been found on the murder weapon, and the judge immediately announcing the verdict after the plea, indicating that it was not taken into account.[26]
Incident at Kisor
While there had been an ambush on 10 April 2021 on several police cars,[27] an attack on a military post in Kisor, South Aifat District, on 2 September 2021, allegedly carried out by TPNPB, was the first in years that led to fatalities.[28] Mikael Yaam was arrested in this encounter.[29]The military then conducted raids across Maybrat, with between 100-150 soldiers deployed in an attempt to catch the perpetrators.[30] At least 3,121 people from 50 villages were forced to flee the area,[31] which led to the death of a six-year-old girl from lack of medical treatment.[32]Certain villagers were barred from returning, as there are six companies that acquired concessions for 573,824.96 hectares of land[1] in Maybrat. PT Bangun Kayu Irian (BKI) and PT Mitra Pembangunan Global (MPG) are logging companies and the security forces reportedly built posts and are suspected of placing restrictions on civilians from returning to their villages located nearby.[33] In the raids, several people were arrested. Five of the six are Amos Ky, Agustinus Yaam, RY, MS, YW. Along with Maikel, they were initially held in detention in Sorong, becoming the "Sorong 6". The remaining one was LK, the minor who was charged and convicted separately.
The Sorong Six were transferred secretively from Sorong to Makassar without informing members of the family or their lawyers at LBH Kaki Abu; they were accused of attacking the military post at Kisor.[34]
LK was only 14 years old when arrested. While not one of the six transferred to Makassar, he has been interrogated, mistreated and tortured whilst in detention, and was sentenced on 3 December 2021 to eight years in prison, despite numerous procedural irregularities. For example, Leo Idjie, legal advisor to LK, has stated that “the testimony of numerous witnesses presented to the court were not taken into account”.[35]
The Case of Leo Idjie
Leo is a lawyer and a Human Rights Defender (HRD), who works with LBH Kaki Abu (Kaki Abu Legal Aid Institute) in Sorong and has been involved in the defence of the two previous cases. The secretive nature of transfer to Makassar, ostensibly for the suspects’ safety, has hampered their right to receive a fair trial and legal assistance. Leo seeks to expose and fight for those who were facing irregularities in the justice system in West Papua.
The rendition of suspects and procedural irregularities during their detention and trial led to Leo and his colleagues speaking out in front of the Sorong State Court office on 3 January 2022.[36] An edited TikTok video of Leo’s address was heavily edited, framing Leo as insulting religion.
On 6 January 2022, Sorong City Police called Leo to the police station to provide a “clarification” for the alleged blasphemy and “stirring up religious and racial hatred”. On 12 January 2022, the Police began an investigation into these alleged offences. The police also began an investigation into the admin of the LBH Kaki Abu Facebook page and seized their mobile phone.
Leo is accused of violating Section 28, Article 2 of the Information & Electronic Transactions Law, Section 45, Article 2 of the same law, and Section 156 and 156a of the Criminal Code. The maximum sentence is six years in prison and a fine of one billion rupiah.
This example of criminalisation of an HRD in West Papua has been part of a growing trend. We hope it will be resolved soon, in order that Leo may continue to give appropriate legal aid to the people who are being accused of involvement in the Kisor case.
Conclusion
The trial and imprisonment of six suspects accused of involvement in the Kisor attacks of September 2021, saw defendants whisked away to Sulawesi, where providing them with legal representation became more difficult. But a fair trial was already in doubt: the accused were subjected to beatings and torture, the trial was riddled with irregularities, defendants’ lawyers were criminalised, and minors criminalised. This can be seen also in the LK trial, as they were, shockingly, a child aged 14 years old that was put on trial, tortured, found guilty and sentenced to a prison term.
The events that led to the attack followed a period when palm oil companies moved into the area to establish plantations, against local opposition. Indigenous West Papuans have also protested against increasing numbers of military posts and poor local services, with the military establishing new bases in Maybrat and neighbouring regencies. These new bases have seen Indigenous land taken over, reportedly using intimidation. Attention must be given to address underlying causes of increased tensions: militarisation, on the pretext of countering insurgents, and Jakarta allowing the military to participate in development plans. Without attention, further tensions and conflict and the persecution of people accused of involvement in conflict but denied basic rights to proper legal representation, fair trial and free expression, are likely to continue.
