2) AMAN expresses concerns over shrinking freedom for Indigenous Peoples in Papua
NOVEMBER 7, 2023 2:28 PM
The Melanesian Spearhead Group has appointed Prime Minister Sitiveni Rabuka and his Papua New Guinea counterpart James Marape as special envoys to Indonesia.
Their mandate is to meet with the President of Indonesia to discuss the pressing issue of West Papua.
This significant development emerged from today’s MSG Caucus meeting, during which Prime Minister Rabuka proposed sending a representative to Indonesia to facilitate dialogue on the West Papua situation.
He emphasises that these efforts are an extension of his ongoing work to nurture the concept of the Pacific as a zone of peace.
Rabuka believes this initiative is a crucial step forward.
The MSG Caucus reached a consensus that sending a ministerial envoy, as opposed to a bureaucratic-level envoy, will be the most effective approach to addressing the West Papua issue.
This decision complements the Pacific Islands Forum Leaders’ 2019 resolution, which called for the United Nations High Commissioner for Human Rights to conduct a mission to West Papua and the Papuan Provinces.
In earlier discussions at the MSG Leaders Meeting, it was agreed that the most appropriate forum for addressing human rights matters is the United Nations, specifically through the UN Human Rights Council.
This aligns with the position of PIF Member States, which also reaffirm Indonesia’s sovereignty over West Papua.
The MSG has actively pursued the implementation of PIF Leaders’ 2019 decision to allow the UN High Commissioner for Human Rights to conduct a mission to West Papua and the Papuan Provinces.
The MSG remains committed to finding a peaceful and diplomatic resolution to the West Papua issue and looks forward to engaging in meaningful discussions with Indonesia to address this pressing concern.
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https://en.jubi.id/aman-expresses-concerns-over-shrinking-freedom-for-indigenous-peoples-in-papua/
2) AMAN expresses concerns over shrinking freedom for Indigenous Peoples in Papua
News Desk - Indigenous Peoples In Papua
7 November 2023
Jayapura, Jubi – Benhur Wally, the chairperson of the Jayapura chapter of the Indigenous Peoples Alliance of the Archipelago (AMAN) expressed concerns about the shrinking space for the freedom of expression for Indigenous Peoples in Papua.
Wally highlighted the restricted environment for indigenous communities, which he attributed to policies enforced by the central government. During a presentation on Indigenous Peoples in Papua for prospective Jubi reporters in Jayapura City, Wally pointed out several central government policies affecting customary land ownership rights. These policies include government-led land clearing and the implementation of dependency systems through village funds, which make citizens highly reliant on the government.
Wally emphasized the diverse nature of Indigenous Peoples in Papua, each with their unique customs and beliefs, and stressed the need for specific regulations to safeguard their rights throughout Papua and the entire archipelago. He called for comprehensive legal provisions that legitimize the rights of all Indigenous Peoples in Indonesia.
Wally also underlined that the term “Indigenous Peoples” is not foreign to Indonesia, as the country has a substantial Indigenous Peoples population estimated to be between 40 to 70 million people, with 20 million being members of AMAN.
Unfortunately, due to their minority status, Indigenous Peoples often face stigma, violence, intimidation, and criminalization.
Wally concluded that the Constitution’s current provisions do not grant Indigenous Peoples the freedom to independently manage and govern their customary forests.
This is because, he elaborated, Article 33, paragraph 3 of the Constitution serves as a means to grant foreign companies or individuals the freedom to cultivate crops on indigenous lands when the need arises within the archipelago.
Regarding the term and identity of indigenous peoples, AMAN aligns with the globally recognized concept of “indigenous people.” Indigenous Peoples are communities that have a longstanding history of origin and have inhabited customary territories for generations. They exercise authority over these lands and natural resources and lead a socio-cultural life guided by customary law, with customary institutions responsible for sustaining the way of life of Indigenous Peoples as customary communities.
There are four essential elements that distinguish Indigenous Peoples from other social groups. These components include a shared cultural identity, encompassing language, spirituality, values, and distinctive behaviors that differentiate one community from another. Additionally, they possess a value and knowledge system, which includes traditional wisdom, spanning traditional medicine, farming, games, schools, and various other traditional knowledge and innovations.
Furthermore, customary territories encompass land, forests, seas, and other natural resources. These resources hold significance not only as economic assets but also in religious and socio-cultural contexts, alongside the framework of customary law and institutions. These components also encompass regulations and governance to facilitate the collective organization and management of their social, cultural, economic, and political life.
Furthermore, according to Wally, drawing on the United Nations (UN) Declaration on the Rights of Indigenous Peoples (UNDRIP), the defining characteristics of indigenous peoples encompass self-identification, historical continuity dating back to a time before colonial or imperial invasions, an original population with a unique history, a spiritual connection to customary land and territory, a distinctive identity based on language, culture, and beliefs, and distinct socio-political and economic systems.
Internationally, prior to the establishment of UNDRIP, the 1989 Indigenous Peoples Convention, also known as International Labour Organization (ILO) Convention No. 169, was the initial international instrument to acknowledge Indigenous Peoples. This Convention, adopted by member states of the International Labor Organization in 1989, sought to update ILO Convention No. 107, the 1957 Indigenous Peoples Convention.
“The primary principle of the convention is the protection of Indigenous Peoples’ way of life, culture, traditions, and customs,” he explained.
He emphasized that the fundamental right of origin is another key factor that clearly sets indigenous peoples apart from kingdoms or sultanates. Kingdoms or sultanates are traditional state concepts, and indigenous peoples differ significantly from these.
From the outset, Wally explained that Indonesia has recognized the status of indigenous peoples through the 1945 Constitution. This recognition and respect for Indigenous Peoples is clearly articulated in Article 18B, paragraph 2, and Article 28I, paragraph 3.
Article 18B acknowledges that the state acknowledges and respects the unity of customary law communities and their traditional rights as long as these rights persist and are in harmony with the evolving society and the principles of the Unitary State of the Republic of Indonesia.
Article 28I, paragraph 3, highlights that the cultural identity and rights of traditional communities are respected in accordance with the progress of the times and civilization.
Wally also pointed out that Indonesia employs various terms in different narratives and legal documents, including ‘Masyarakat Hukum Adat’ (Customary Law Community), ‘local community,’ ‘traditional community,’ ‘Komunitas Adat Terpencil (KTA)’ (Remote Indigenous Communities), and ‘indigenous people.’
The term ‘local community,’ for instance, is used to describe the ‘nagari’ in the Minangkabau indigenous community in West Sumatra or the ‘clan’ in the Batak indigenous community in North Sumatra. Similarly, the indigenous Papuans refer to ‘tribe and clan’ in Papua and West Papua.
These designations can also refer to local communities and not necessarily Indigenous Peoples in contexts such as Java or immigrant communities (transmigration villages) that have lived in an area for generations, particularly when the designations do not account for language identity, genealogical connections, or territorial ties related to their heritage of origin as distinguishing factors. (*)
Wamena, Jubi – In three districts within Yahukimo Regency, Mountainous Papua, hundreds of residents have been grappling with hunger since August due to crop failures. As many as 23 residents have lost their lives in this dire situation. The affected districts are Amuma, Panggema, and Anggruk.
Hasuka Hisage, the Head of the Office for Social Affairs, Women’s Empowerment, and Child Protection, shared this information during a food aid distribution event by the Mountainous Papua Provincial Government on Tuesday, October 31, 2023, in Wamena, Jayawijaya Regency.
According to Hasuka Hisage, the prolonged drought has led to the withering of crops, primarily tubers, in residents’ gardens, resulting in crop failure.
“People in Amuma, Panggema, and Anggruk Districts have been facing hunger, with Amuma District being particularly affected since last August, leading to 23 casualties,” explained Hasuka Hisage.
“We have coordinated with the Ministry of Social Affairs and took immediate action by providing 30 tons of essential food assistance, which was transported to the location via 15 flights,” he added.
Additionally, the Mountainous Papua Social Service will provide 1 ton of rice directly to Amuma District. Hasuka Hisage noted that Amuma District encompasses eight churches, including Kingmi and GKI. He emphasized that the assistance offered thus far has come from the ministry and the provincial Social Service, as the Yahukimo Regency Government has not yet provided aid to the affected population.
Hasuka Hisage pointed out that the yam and taro plants cultivated by the community were only six months to one year old and had failed to thrive due to the extended drought. Moreover, the vegetables couldn’t survive due to the scarcity of water.
“When we delivered aid to the location, we observed that only the youth could participate in carrying the food supplies. Children and the elderly were too weak to help, and many residents were unwell, prompting calls for the Health Department’s intervention. The Education Office also needs to become involved since the children are no longer attending school,” said Hasuka Hisage.
He stressed that this disaster is a grave concern for the provincial government as it has led to loss of life. “We will closely monitor the situation there and urge the Yahukimo Regency Government to pay attention to and address this critical issue. It demands serious action from the government and various stakeholders,” he concluded. (*)
Jayapura, Jubi – In Papua, the Press Freedom Index is quite low, with a rating of 64.01, lower than West Papua’s index which is 68.22, says Hans Bisay, the chairman of the Indonesian Journalists Association (PWI) Papua.
In a discussion that took place on Monday, October 30, 2023, at the Jubi Office in Perumnas II Waena, Jayapura City, Bisay conveyed that the low Press Freedom Index in Papua could be attributed to several factors. These include the region’s lower economic indicators, weak law enforcement, with unresolved cases involving journalists, leading to a lack of justice for them.
Furthermore, there is limited coverage of disability-related issues, and the news often leans towards government-related topics, resulting in an imbalanced representation in the media.
Another contributing factor is that journalists receive salaries below the regional minimum wage, which hampers their ability to produce high-quality news and information for the public
“ This financial constraint sometimes forces journalists to seek alternative professions that offer better compensation,” said Bisay.
Additionally, much of the news published is heavily influenced by government activities, focusing predominantly on government-related matters. Some news are also profit-oriented.
Hans Bisay noted that there are two categories of journalists: those who diligently carry out their professional responsibilities in accordance with established guidelines, and those who utilize their roles as journalists to establish connections within the government, using it as a stepping stone for personal gain. (*)
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