Thursday, September 7, 2023

1) 674 persons internally displaced after security force raid in Yahukimo



2) Murder defendants of Eden Bebari and Ronny Wandik acquitted, sparks calls for cassation 

3) Komnas HAM initiates investigation into Michelle Kurisi’s Murder as evidence emerges   

4) Local Papuan traders demand enforcement of regulations to protect their market interests 

5) Administrative court rejects palm oil company’s lawsuit, Awyu tribe’s forest restored



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1) 674 persons internally displaced after security force raid in Yahukimo


The escalating conflict in the Yahukimo District, Papua Pegunungan Province, has led to the internal displacement of 674 persons (see photo on top, source: Suara Papua). The internally displaced persons (IDPs) belong to 169 families from nine districts in the regency. The raid occurred shortly after an attack against a military post by West Papua National Liberation Army (TPNPB) members on 21 August 2023. The shootout resulted in the death of one military member. Reports revealed acts of arbitrary arrests and torture during the raid.
Many IDPs have lost their homes and belongings. Security force members reportedly burned down twelve residential houses and killed livestock. Two pigs burnt along with their homes. Fifteen pigs died due to lack of care after their owners fled their homes. Twelve IDPs have fallen ill, highlighting the health challenges they are currently facing.
Solidarity groups have opened a humanitarian post to collect humanitarian aid. According to local media, the Yahukimo Regency Government has assisted in the form of rice, basic necessities, and funds. Local government representatives have promised to relocate the IDPs for their safety and well-being.
The residents in Kali Bonto were relocated in 2018 due to tribal conflicts. They have experienced recurring acts of intimidation and harassment by security force members since 2021, causing them to live in constant fear.

Background

People in West Papua, particularly the indigenous population, face harsh consequences of the armed conflict that has been ongoing for more than 50 years in the region. Security operations against the TPNPB are often accompanied by arbitrary violence against the indigenous population, including house burnings and fear. The situation has led residents in conflict areas to seek refuge and safety at other locations. Observers say that more than 60,000 people in West Papua have been internally displaced due to the armed conflict since 2019.  
Human rights organisations have been raising concerns regarding excessive violence against civilians during security raids across West Papua. Torture, extrajudicial executions, internal displacements, and the destruction of private property, including burning residential houses and killing livestock, often accompany the raids. The same patterns of violations have occurred during similar raids in the regencies Intan JayaPuncak, and Pegunungan Bintang.
Most victims during such security raids are indigenous Papuans. The police and military members often stigmatise indigenous villagers as TPNPB members or collaborators. The TPNPB fights consist of armed guerrilla groups across all regencies in West Papua, who fight for the political independence of West Papua from the Republic of Indonesia.

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2) Murder defendants of Eden Bebari and Ronny Wandik acquitted, sparks calls for cassation 
News Desk - Verdict For The Murderers Of Eden Bebari And Ronny Wandik 
7 September 2023

Jayapura, Jubi – On Tuesday, September 5, 2023, the Military Court III-14 in Denpasar, Bali officially delivered its verdict, acquitting of all charges the murder defendants of Papuan teenagers Eden Bebari and Ronny Wandik, First Sgt. Vicentie De Oliviara and Chief Pvt. Bahari Muhrim of the Yonif Raider 900/SBW Unit.

According to Gustaf R. Kawer, the chairman of the Papuan Human Rights Lawyers Association, this acquittal highlights the military justice system as a realm of impunity for individuals involved in human rights violations and military violence against civilians.

Kawer, who represents the families of the victims, strongly urges the military prosecutor to take legal action by appealing the verdict.

Kawer emphasizes that the Supreme Court would be the last hope for the victims’ families in their quest for justice.

In a phone interview with Jubi on Wednesday, September 6, Kawer pointed out the significant departure of this decision from the initial indictment. The defendants, De Oliviara and Muhrim, were initially charged with two counts related to the murder of Eden Bebari and Ronny Wandik.

The first charge was Article 338 of the Criminal Code, in conjunction with Article 55 Paragraph (1) of the Criminal Code, which carries a 15-year sentence, and the second charge was Article 170 Paragraph (2) of the Criminal Code, which carries a 12-year sentence.

Kawer argued that the decision to “release from prosecution” represented an injustice as it lacked a factual basis.


“We believe that this decision also demonstrates a disparity in sentencing compared to other individuals involved in the murder case, such as Lt. Gabriel Bowie Wijaya and Chief Pvt. Sugihartono from Battalion 711/Rks and Battalion 712/Wt respectively, who were sentenced in the Manado Military Court. Wijaya received a 7-year prison sentence, while Sugihartono received a 6-year prison sentence. Both are also dismissed from military service,” said Kawer.

He also mentioned that the verdict differed from the dissenting opinions of the two member judges, Lt. Col. Chk Agustono and Capt. Chk (K) Dianing Lusiasukma. These judges believed that the defendants were proven to have committed a criminal act as described in the first indictment.

“Despite such dissenting opinions, the verdict from the Military Court III-14 Denpasar clearly underscores the impunity granted to individuals involved in state violence against the Papuan people in the judicial system,” Kawer asserted. (*)


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3) Komnas HAM initiates investigation into Michelle Kurisi’s Murder as evidence emerges   
News Desk - Michelle Kurisi Ndoga Murder 
7 September 2023

Jayapura, Jubi – The initial report concerning the homicide of Michelle Kurisi has been forwarded to the National Commission on Human Rights (Komnas HAM). Frits Ramandey, the head of the Papua Representative of Komnas HAM, stated on Tuesday, September 5, 2023, that his office had submitted an initial report on the Michelle Kurisi murder case to Komnas HAM in Jakarta. This report will be further analyzed to determine the course of action regarding Michelle Kurisi’s death.

“We are actively engaged in this matter. We’ve compiled a summary of the case and have dispatched it to Komnas HAM,” Ramandey informed reporters during a press conference in Jayapura City on Tuesday.

Ramandey further revealed that his office had sought information from the family of the late Michelle Kurisi on September 4.

“Michelle Kurisi’s mother indicated that they had been in communication with various parties to provide support. Several names of potential witnesses have been submitted to Komnas HAM,” he stated.

Michelle Kurisi was tragically killed by a group suspected to be associated with the West Papua National Liberation Army (TPNPB). The case gained widespread attention due to the circulation of a video showing Michelle Kurisi being interrogated.

Ramandey noted that failure to resolve Michelle Kurisi’s murder would contribute to the already extensive record of violence in Papua. He expressed confidence that the police would be able to elucidate the circumstances of her death, citing preliminary evidence, including the sequence of events and the results of the police-conducted autopsy.

“Komnas HAM is confident that the police will uncover the truth behind Michelle Kurisi’s murder, as there is more than one piece of evidence and multiple leads. This includes the chronology of events leading to Michelle Kurisi’s death, as well as the results of her autopsy,” he asserted.


Ramandey disclosed that the family had requested a thorough investigation into Michelle Kurisi’s murder. He affirmed that his office would collaborate with the police to shed light on the case and ascertain responsibility for the two children Michelle Kurisi left behind. (*)

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4) Local Papuan traders demand enforcement of regulations to protect their market interests   
News Desk - Papuan Traders 
7 September 2023

Jayapura, Jubi – Local Papuan traders have urged the  to supervise and enforce Regional Regulation No. 10/2018, which focuses on safeguarding and empowering local traders, particularly Indigenous Papuans in the market. This request is essential to ensure that local traders can exclusively sell indigenous products like sago, areca nuts, vegetables, petatas (sweet potatoes), and smoked fish, as outlined in the regulation.

Maria Pekey, the coordinator of Indigenous Papuan traders in Abepura, conveyed this message at Youtefa Market, on Tuesday, September 5, 2023. She emphasized the need for Indigenous Papuan traders to manage the sale of products to prevent non-Papuan traders from selling the same items.

The struggle to prevent non-Papuan traders from taking over the market has involved peaceful protests at various government offices, including the Jayapura Mayor’s Office and the Papua Governor’s Office.

Pekey, or Mama Pekey as she is called, a daily vegetable seller at Youtefa Market, shared that her income used to range from Rp1 to 2 million, from a capital of Rp500,000. However, from 2022 to 2023, despite her capital investment increasing to Rp1 or to 2 million, her income decreased. Some traders even stopped selling because of this same reason.

Pekey highlighted the economic vulnerability of Papuan mothers, which has further deteriorated due to the influx of non-Papuan traders into the market.

“Currently, there are about 80 Indigenous Papuan traders in Youtefa Market, selling various products, while there are around 200 non-Papuan traders, offering a wide range of items, from clothing to electronics and food products,” she said.

Nonetheless, Pekey and other Indigenous Papuan traders are hopeful that the government will enforce the regional regulation to protect their interests, especially regarding the sale of indigenous products.


“We believe that market officials should not merely collect daily market fees of Rp 5,000 but should also ensure strict adherence to market regulations,” she added.

Maria Matuan, another Indigenous Papuan trader at Youtefa Market, expressed similar concerns, asserting that locally produced items should be exclusively allocated to Indigenous Papuan traders. She and her fellow traders have repeatedly met with the Mayor of Jayapura City to voice their grievances about non-Papuan traders selling local products in various markets in the city, but their concerns have yet to be addressed.

Matuan, who has been selling areca nuts at Youtefa Market for a decade, lamented the growing presence of non-Papuan traders in the largest regional market in Jayapura City, outnumbering native Papuan traders significantly.

“If a non-Papuan trader goes back to their hometown, when they return to Papua, they often bring along 10 to 20 new traders,” she said.


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5) Administrative court rejects palm oil company’s lawsuit, Awyu tribe’s forest restored

On 5 September 2023, the Jakarta State Administrative Court (PTUN) rejected a lawsuit filed by the palm oil companies PT Megakarya Jaya Raya and PT Kartika Cipta Pratama against the Indonesian Minister of Environment and Forestry, Mrs Siti Nurbaya Bakar. The verdict has significant implications for the rights of indigenous peoples and the principle of free prior informed consent (FPIC).
The palm oil companies filed the lawsuit after the Minister of Environment and Forestry revoked their concession licenses through a decree in early 2022. The land which the companies claim for their operations belongs to the Awyu Tribe in the South Papua Province. The palm oil companies operate in the Awyu’s customary land around Digoel and Mappi Rivers in the Boven Digoel Regency.
Following the court’s ruling, 65,415 hectares of native rainforest within the concessions of PT Megakarya Jaya Raya and PT Kartika Cipta Pratama must be returned to the Awyu people. The verdict prevents the companies from deforesting the area, limiting them to conduct their business operations only within the 8,828 hectares of forest land that the two companies have already cleared.
The Awyu people and their legal team have played a crucial role in supporting the government’s stance in this lawsuit. During the trial process, the Awyu emphasized the importance of recognizing their customary land rights and their ability to protect and manage their ancestral forests for their livelihoods and future generations.
The case sets a precedent for protecting indigenous land rights and preserving vital rainforests in Indonesia. The decision weakens the legal position of investors. It underlines the Government’s obligation to respect and protect the rights of indigenous communities, reminding companies of their obligation to obtain the communities’ free prior informed consent when making decisions concerning land and the use of resources.

Background

Since 2019, the Awyu indigenous community has raised concerns about the loss of customary forestdue to PT IAL’s operations. There have been pros and cons, criminalisation efforts, and threats of violence against residents involving police officers and company operators.
Based on information circulating that the Foreign Capital Company (PMA) PT Indo Siana Lestari from Malaysia has obtained a location permit issued by the Regent of Boven Digoel and a Plantation Business permit issued by the DPMPTSP of Papua Province. However, the Awyu indigenous community has never received the permit information document and has never approved the company’s plan. 
IAL’s concession is part of the Tanah Merah megaproject that is already dogged by allegations that key operating permits have been falsified. And according to Hendrikus Woro, the problems with PT IAL began in 2017 when it started approaching local communities.
In March 2023, the Awyu tribe accompanied by the Papua Legal Aid Institute (LBH) filed a lawsuit at the Jayapura State Administrative Court (PTUN) concerning an environmental permit issued for palm oil company PT Indo Asiana Lestari (PT IAL) by the Papuan Investment and One-Stop Integrated Service Office (DPMPTSP). The lawsuit was filed at the Jayapura State Administrative Court (see photo, credit Gusti Tanati/ Greenpeace) because the local government allegedly withheld information about PT IAL’s licences, whose concessions would annex their customary territory.

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