2) IDPs from Bibida and Paniai Timur return home

3) Unrest in Fef, Tambrauw Regency ends – talks promise transparency and justice for Papuan killed in 2021

4) Eleven forest areas in Papua proposed to become customary forests – battling the lack of recognition

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1) Police Reported as Perpetrators of Most Torture Acts in Indonesia: Komnas HAM, KontraS

Translator

Najla Nur Fauziyah

Editor

Petir Garda Bhwana

27 June 2024 07:08 WIB

TEMPO.CO, Jakarta - The National Human Rights Commission or Komnas HAM reported that the National Police is the most frequently reported for torture cases compared to other state institutions. From January 1, 2020, to June 24, 2024, the human rights institution received a total of 176 torture cases by police out of 282 reports.

"The one who got reported the most (regarding torture) are the police," said Komnas HAM Human Rights Advancement Sub-commission Coordinator Anis Hidayah in a discussion organized by Amnesty International Indonesia entitled 'Penyiksaan: Asian Value?' on Wednesday, June 26, 2024.

Komnas HAM also stated the Indonesian armed forces as the second most reported institution after the police with 15 torture cases. The third position was held by the Correctional Penitentiary or the State Detention Center with 10 torture cases. 

Anis explained that torture cases occurred throughout Indonesia, with the largest reported number of 47 cases in West Sumatra, followed by 25 cases in Jakarta, and 21 cases in South Sumatra. 

However, Anis stressed that the data could not represent all cases in the country as many people are yet to report findings of torture allegations by state institutions to Komnas HAM. 

KontraS Releases Data

In line with data released by Komnas HAM, the Commission for Missing Persons and Victims of Violence (KontraS) reported the police as the institution committing the most cases of torture. 

According to the data obtained from the period of June 2023 to May 2024, the acts of torture include cruel, inhuman, and degrading treatment and punishment. "As an institution, the police committed the most acts of torture," said Dimas Bagus Arya, KontraS Coordinator on Wednesday, June 26, 2024, at a commemorative event for the International Day of Support for Victims of Torture in Jakarta.

During the occasion, KontraS presented its situation reports on torture and cruel, inhumane, or degrading punishments in Indonesia. Data results showed that Indonesia recorded as many as 60 torture cases over the past year, with 40 perpetrated by the police. 

"The Resort Police involved in 21 cases, Sectoral Police 10 cases, and Regional Police 9 cases,” Dimas said. 

The event KontraS held was titled “Di Balik Ilusi Populisme Hukum: Impunitas dan Minimnya Komitmen Penghapusan Penyiksaan di Indonesia” or “Behind the Illusion of Legal Populism: Impunity and Lack of Commitment to Eradicate Torture Acts in Indonesia.” 

KontraS invited representatives from Komnas Ham, the witness and victim protection agency LPSK, the Ministry of Law and Human Rights, the Police, and the National Armed Forces. However, representatives from the police and the Indonesian military were unable to attend.

HENDRI AGUNG PRATAMA | FAUZI IBRAHIM

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2) IDPs from Bibida and Paniai Timur return home

Human Rights News / Indonesia, West Papua / 26 June 2024 

The internally displaced persons (IDPs) from the districts of Bibida and Paniai Timur were allowed to return home. Anestimated number of more than 5,000 persons fled on 14 June 2024 after security forces carried out raids against the West Papua National Liberation Army (TPNPB) in response to the assassination of a taxi driver in the Kopo Village on 12 June 2024. On 25 June 2024, security forces accompanied more than 1,200 IDPs from the Catholic Salib Suci Church to their villages. HRM has not received information about IDPs who had fled to Timika, Nabire, and Enarotali.

In the early morning of 25 June, the acting regent of Paniai, Dr Martha Pigome announced to the IDPs in Madi that they were allowed to return to their hometowns escorted by local government officials and security forces as the security situation in Bibida and Paniai Timur had recovered. For eleven days, they had lived inside the unfinished church building that is still under construction. The local government and solidarity groups provided the IDPs with food and other relief aid.

Report includes videos

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3) Unrest in Fef, Tambrauw Regency ends – talks promise transparency and justice for Papuan killed in 2021

Human Rights News / Indonesia, West Papua / 26 June 2024 

The longstanding conflict between the family of the late Moses Yewen and the military presence in Fef district, Tambrauw Regency, Southwest Papua (Papua Barat Daya) Province has moved towards resolution. This follows a series of meetings and protests that highlighted the community’s grievances and demands. Mr Moses Yewen was tortured by military members on 9 April 2021 and died a month later. His relatives claim his death was a consequence of the torture he experienced.

On 16 June 2024, the family of Moses Yewen, supported by local community members, initiated a blockade of the Satgas 623 post in Fef. This action was a response to the lack of transparency and unresolved legal proceedings concerning the death of Moses Yewen, who was allegedly beaten by two soldiers from the Yonif 762/VYS unit in 2021. The protest underscored the community’s frustration with the military and judicial authorities for failing to provide clarity and justice.

Hans Baru, the head of the Fef district, confirmed that the blockade was driven by disappointment with the ongoing lack of information regarding the case. The family’s actions were seen as a spontaneous outpouring of frustration towards the military units and the judicial process. “The lack of transparency from Pangdam XVIII/Kasuari, Kodim 1810 Tambrauw, and the Military Court in Jayapura regarding the case of Moses Yewen has deeply upset the community,” said Hans.

In a meeting held on 19 June 2024, attended by key stakeholders including Engelbertus Gabriel Kocu, the acting regent of Tambrauw, the local government, military officials, and representatives of Moses Yewen’s family, a significant breakthrough was achieved. The family demanded that the building used by the Satgas Fef post, which is situated on traditionally owned land with a formal ownership certificate held by Moses Yewen’s child, be transferred to them. Thomas Baru, representing the family, emphasised that this transfer was necessary to support the educational and daily needs of Moses Yewen’s children and widow.

“The building, currently serving as the Satgas post, stands on land that belongs to Moses Yewen’s family. We request that it be handed over to us to manage and potentially convert into a source of income, such as rental housing, to support the family,” said Thomas Baru during the meeting.

Rufina Yewen, another family member, echoed this sentiment, stating that the building should be leased, not sold, ensuring the family retains control and benefits from its use. Acting Regent Engelbertus Gabriel Kocu assured the family that their requests would be considered, pending administrative verification of the building’s status.

Following these discussions, the family agreed to lift the blockade on the Satgas 623 post, signalling a tentative acceptance of the new Satgas 762 unit. “With cooperation from all parties, we have reached a consensus to welcome Satgas 762 and resume peaceful coexistence in Fef,” Kocu announced.

Commander of the new Satgas unit, Letkol Inf Dwi Harianto, expressed a commitment to improving relations with the community through a humanistic and territorial approach. “We aim to build a better relationship with the residents of Tambrauw, ensuring such conflicts do not arise again,” stated Harianto. Hopefully, this sets a precedent for transparency and cooperation between military forces and local populations in Papua Barat Daya Province.

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4) Eleven forest areas in Papua proposed to become customary forests – battling the lack of recognition

Human Rights News / Indonesia, West Papua / 26 June 2024 

Between 2022 and 2023, various indigenous groups in Papua have proposed the recognition of customary forests to the Ministry of Environment and Forestry (MoEF). Recognising these forests is vital for protecting the rights of indigenous peoples. In the Indonesian legal system, the recognition of customary territories is not the same as the determination of the status of customary forests. Recognition of customary territories is carried out at the local government level, while the status of customary forests is issued by the Ministry of Environment and Forestry.

Nine clans from the Wambon Kenemopte Tribe in Boven Digoel Regency, South Papua, have submitted proposals. These clans include Kinggo Kambenap, Tenggare, Aute, Kanduga, Ekoki (Aiwat Village), Ekoki (Kampung Subur), Kemi, Eninggugop, and Wauk. Additionally, proposals came from the Gelek Malak Kalawilis Pasa in Sorong Regency and the Afsya people in Konda South Sorong District. The total forest area proposed is 245,506 hectares.

Processing delays

Yuli Prasetyo Nugroho, Head of the Sub-Directorate of Determination of Customary Forests and Forest Rights at MoEF, stated that the ministry is processing proposals from the Afsya Tribe and Gelek Malak Kalawilis Pasa with local governments. He noted that many areas are outside forest regions or under legal disputes, preventing immediate recognition. Many areas are designated for Oil Palm Plantation Use Rights (HGU).

Documentation challenges

Franky Samperante, Director of the Bentala Rakyat Heritage Foundation, highlighted the extensive documentation required for proposals. The Afsya people must correct errors in the Decree of the Regent of South Sorong. The deadline for completing these requirements is 31 July 2024.

Samperante estimated that 2,061,538 hectares of forest in Papua have been converted to plantation companies and industrial plantation forests (HTI), with 120,255 hectares cleared and 1,948,283 hectares remaining under indigenous control.

Insufficient recognition

Kasmita Widodo, Head of the Customary Territory Registration Agency (BRWA), emphasised that MoEF’s recognition is insufficient. Only 39,841 hectares have been recognised, despite over 11 million hectares of potential customary forests mapped in Papua. Verification intensified only in 2022, causing delays, and the lack of regional regulations remains a significant barrier.

Impact on indigenous livelihoods

Irene Thesia, an indigenous woman from South Sorong Regency, stressed the link between forest depletion and the survival of indigenous peoples. She fears plantation companies threaten their way of life. Thesia emphasised that indigenous livelihoods depend on customary forests and urged the Ministry to refrain from issuing plantation permits in Papua.

Advocacy and government support

Samperante stated that NGOs have been crucial in assisting communities, but local governments and MoEF must collaborate more effectively to accelerate recognition. He stressed the importance of recognising and respecting indigenous knowledge and ensuring social, legal, and economic security for indigenous peoples.

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