A supreme court spokesperson declined to comment when contacted by AFP about the ruling.
The Awyu tribe’s case drew attention in Indonesia earlier this year after a campaign called ‘All Eyes on Papua’ spread on social media.
“Both the government and the legal system have failed to stand with Indigenous peoples,“ said Sekar Banjaran Aji of the Save Papuan Customary Forest advocacy team.
“The struggle to protect Papua’s customary forests has become all the more challenging.”
In November, a Papuan court had ruled that PT IAL’s permit was valid, rejecting the Awyu tribe’s argument that the concession had been granted based on a flawed environmental impact assessment.
The tribe and environmental NGOs also claim opponents of the palm oil firm’s plans have faced intimidation.
PT IAL did not respond to an AFP request for comment.
Palm oil is a billion-dollar industry in Indonesia, which is the world’s largest producer and exporter of the commodity used in everything from chocolate spreads to cosmetics.
Indonesia produces about 60 percent of the world’s palm oil, with one-third consumed by its domestic market.
Papua lost 2.5 percent of its tree cover between 2001 and 2023, according to Global Forest Watch.
3) Protests against PSN Food Estate in Merauke are rampant, indigenous peoples receive terror and threats
Arga Reysamputra
Last updated: November 2, 2024 12:00 am
Author: Larius Kogoya
Editor: Zely Ariane
14 Min Read
Sentani, Jubi – Indigenous peoples protesting the presence of the 2 million hectare National Strategic Project (PSN) Food Estate in Merauke are now experiencing psychological terror and intimidation by security forces, people suspected of being from intelligence, the government overseeing the deforestation process in Wanam and Wogikel Villages, Ilwayab District, Merauke Regency, South Papua Province.
According to the statement of the Chairman of the Malind and Kondodigun Indigenous Community Forum in Merauke, Simon Petrus Balagaize, he began to feel the atmosphere of terror and intimidation after August 27, 2024. At that time, he visited communities in several villages to ensure whether the company had conducted socialization in the villages and taken soil samples that would be used as PSN sites.
Simon Balagaize explained that at that time they held a meeting in Ilwayab District, which was attended by clans and traditional leaders. In the meeting they all agreed to reject PSN.
"So I visited several villages in Okaba District, Tubang District and Ilwayab District where the PSN is operating, namely Wanam Village and Wogikel Village. All the people admitted that they did not receive any socialization at all. The people were shocked by the sudden presence of the company so in the meeting we all agreed to reject PSN," said Balagaize to Jubi when contacted via telephone application from Sentani, Jayapura Regency, Papua, Wednesday (10/30/2024).
Balagaize said they held another meeting by inviting all indigenous community leaders, customary rights owners, tribes and sub-tribes in South Papua, from the Awyu, Mandobo, Muyu, Mappi and Asmat tribes to also sit down and talk about the PSN. With all the considerations and risks, according to Balagaize they all agreed to reject the PSN. "Friends from the Awyu tribe have experienced something like this before, in their place where their forests were cleared so they strongly support us together in rejecting the PSN which operates two million hectares," he said.
A few days after the meeting, Balagaize went to Okaba. There he received information that he was being sought by six people who were suspected of being members of the TNI. They asked the local people in the Ilwayab District about his whereabouts.
"At that time I was called by [a] man and told me 'son, there are TNI looking for my son here' like that, then I said, 'why are they looking for me, I just live in the village, on my land, my birthplace, why are they looking for me?' that was my response to the man," he said, imitating his conversation with the villagers.
"If I had been there and the six TNI members had come, maybe [I] would have been abused or arrested. And for me this is psychological terror to scare us who reject the presence of the PSN," he said.
However, that did not stop Balagaize. He met with mothers from several districts who were already restless with the presence of the company PT. Jhonlin Group which carried out the PSN by clearing large forests without going through meetings or permission from the indigenous community.
“The people of Ilwayab District, Okaba District, Tubang District, Nguti District and Jagebob District all reject [PSN]. I even met mothers and the people there who all rejected PSN because they felt that the company threatened the survival of the indigenous people,” he said.
Regarding the increasing atmosphere of terror against indigenous people, Father Pius Cornelis Manu Pr, a member of the Justice and Peace Commission of the Archdiocese of Merauke, also revealed that there were people suspected of playing an intelligence role monitoring several meetings and discussions with indigenous people on Merauke Beach, Payum Village regarding PSN.
“So we can’t speak freely either, even though we speak in the sense of conveying our opinions or complaints regarding our land being evicted and cleared, the intelligence is always present. The presence of the intelligence alone makes people’s lives no longer free. So we want to talk about our rights, about the steps we need to take to respond to this PSN, why are we being spied on all the time,” said Father Pius.
According to him, the presence of monitoring parties such as intelligence is still reasonable when indigenous peoples hold demonstrations at the DPR or at the Regent's Office, or at the MRP Office. "But for me, what is not reasonable is when indigenous peoples gather there is intelligence, what is going on? I think this is very excessive," he said.
Threatened by the military
Ariston Moyuwend, a resident of Wanam Village, Ilwayab District, said that his nephew experienced intimidation allegedly carried out by TNI soldiers in Ongabuk Hamlet, Wanam Village.
According to Moyuwend, the intimidation occurred when his nephew asked the company not to enter the sacred area of the Malind indigenous community. At that time he heard the sound of an excavator so his nephew went towards the excavator activity in his customary area. When the excavator operator saw the child, he was shocked and screamed. Then five people who were suspected of being armed TNI members approached and threatened him.
"So he was threatened there, if you obstruct this work we will shoot and destroy your head like that. Because my nephew was obstructing the excavator from breaking through the sacred area. So he said if you want to shoot me, please shoot me, I will die in my area and my village," said Moyuwend to Jubi via an application call, on Thursday (10/31/2024), while imitating his nephew's words.
Moyuwend said that the five people suspected of being TNI members then asked where he lived, then they went together to his hamlet and met his family. Moyuwend's nephew even showed his parents and introduced them to the people.
At that time, Moyuwend continued, the family had explained to the five people suspected of being TNI that the place where the excavator was operating was a sacred forest that could not be cleared. "So they directed us to another place, but these members did not believe it and wanted to continue clearing it," said Moyuwend.
The family even told the five people that their father had disappeared in the sacred forest, and his body had not been found until now. According to Moyuwend, to confirm the truth of the family's explanation, the five people contacted their commander.
"And their commander said that it was true that the place was a sacred forest and their father had disappeared and his body had not been found until now. Finally, they did not clear the sacred forest and they changed the direction of the eviction," said Moyuwend.
Moyuwend added that the current situation was making it increasingly difficult for people to find food. They often experience terror both directly and indirectly when security forces ask about their activities.
"We are looking for food, you always ask who we are? We are the owners of this area, this land, why are you always asked. Even looking for food in the swamp, the forest, the garden, there is a time limit, we have to come back at a certain time, don't be late and so on. The community feels confused that before this PSN came we were free, but where did you set the rules like that, are we really the ones with problems that we are given a time limit, this is our area," he said.
Ariston Moyuwend also told the experience of another community member in Wania Village who received threats because he reprimanded the activities of people suspected of being members of the TNI who were taking water from his well. The residents objected because the well water was not much, "This man reprimanded them, you have taken forest land and now you want to take water from the well again," said Moyuwend imitating the residents' annoyance.
"Then this TNI member did not accept the uncle's scolding, he went to report to his friends and then suddenly many soldiers in a large truck arrived at the place where the man lived, they came threatening and almost wanted to abuse him, but because there was a village Babinsa, also a local figure from Wanam, Oskar Balagaize, so they secured the situation. If the Babinsa was not there, it is possible that the man was abused," he said.
According to Moyuwend, he currently received information from the village that along the edge of the cleared forest area, CCTV has been installed, so that people cannot enter or approach.
Father Pius Cornelius Manu is worried about the presence of armed TNI officers in the PSN project forest clearing area. "This is social terror, no joke. Because the company is backed by the armed forces, it's as if this is a war zone. This doesn't make sense, how can a company's agricultural activities be carried out by soldiers. What's going on? There are no farmers in Indonesia, right?" said the priest.
According to Pastor Manu, the problem also lies in the lack of socialization from village to village, district to district to the community that, for example, the presence of companies to run the PSN will be assisted by the TNI armed forces. "So it is natural that the community feels afraid, pressured and feels psychologically terrorized. Regarding them being able to hear that it is a state program, yes that is true, but the problem is that the regional government doesn't know about it, the MRP, the DPR doesn't know, let alone the community," he said.
Rejection
According to Simon Balagaize, public protests against the PSN peaked on September 24, 2024. At that time, there was a visit from the Acting Governor of South Papua Province, together with the Commander of Korem 174 Animti Waninggap, Kodim 1707 Merauke, the Merauke Police Chief and Danramil, the Chairperson of the Papua Special Autonomy Development Acceleration Steering Committee or BP3OKP South Papua to the location. At that time, the community held a demonstration while welcoming the arrival of the Acting Governor's entourage.
The indigenous people and the Mama-mama all wore traditional clothes and smeared white mud on their faces and bodies as part of the traditional procession.
"They hung a sign around their necks with a rectangular piece of cardboard that said 'We Reject the Jhonlin Group Company and PSN' while performing a traditional dance, the Gasi dance, while welcoming the arrival of the Acting Governor and his entourage. And at that time the community simultaneously expressed their rejection to the Acting Governor's entourage," said Balagaise.
After that rejection, according to him, the terror began to occur. For example, there were TNI members who came to his village asking the reason for the community carrying out the traditional procession during the action on September 24. "Who told you to use the white mud? Who told you to write reject the Company? And so on," said Balagaize.
"Then the community replied that no one told us, the entire community that protested and rejected the company was born from their own awareness that their land and forest were being stolen like that... entering without permission, clearing the land like thieves," said Simon Balagaize imitating the community's answer.
Previously on October 15, 2024, the Commander of the 1707/Merauke Military District Command (Dandim), Lieutenant Colonel Inf Jhony Nofriady SE M Han denied that there were any soldiers looking for residents who were protesting the Sawah PSN. He told Jubi that the TNI soldiers did not intimidate residents.
Jhony said that the presence of the TNI soldiers was to support food security for the welfare of the community. He said that the TNI soldiers would not commit violence against the community.
"The TNI is there to support national programs and to improve the welfare of the community there. The more crowded an area is, the more the economy there will be. We [the TNI also] provide vegetable seeds [for the community], and we will buy the results later," he said.
Meanwhile, on Wednesday, October 16, 2024, the Head of the TNI Headquarters Information Center, Major General Haryanto told Jubi that if it was true that there were TNI soldiers who committed violence against residents, the TNI soldiers would be prosecuted. He stated that the TNI field commander would also be responsible if their subordinates were proven to have committed violence against residents.
"If it is true that there is violence committed by TNI personnel in the field, then the field commanders will be held responsible. But we must not be provoked by irresponsible people who spread hoax news for personal gain, intentionally destroying progress and peace in the Land of Papua. We must be more observant in seeing it, and ask directly to sources who are more knowledgeable," Haryanto told Jubi via the WhatsApp messaging service. (*)
Jakarta – The Indonesian Committee for the Safety of Journalists (KKJ) has reported the recent firebomb attack on the Jubi media editorial offices in Jayapura, Papua, to the National Human Rights Commission (Komnas HAM). The KKJ wants Komnas HAM to take part in monitoring the case.
"The Indonesian Committee for the Safety of Journalists reported the case of the Molotov bomb attack on the Jubi editorial office to Komnas HAM, we reported it so that Komnas HAM would monitor the case", said KKJ Coordinator Erick Tanjung at the Komnas HAM Office in Jakarta on Tuesday October 29.
Tanjung also urged law enforcement officials to take the case seriously saying that many cases of violence against journalists have been reported by KKJ but have not been pursued by the police.
"Throughout 2024, we recorded 56 cases of attacks on journalists and the media, and in all the cases we reported where the victims were willing to be accompanied to the police, there were many cases that experienced undue delay, cases that got stuck at the police", he said.
He explained that CCTV footage shows two people who are suspected of being the perpetrators of the attack. KKJ Indonesia, he said, is still waiting for the police investigation to find the perpetrators.
Furthermore, Tanjung suspects that the attack on the Jubi editorial office was related to the media's reporting over the past month.
"The work of our Jubi's friends over the past month has indeed seen Jubi reporting a lot of humanitarian issues, issues of human rights violations and including national strategic projects that have an impact on indigenous peoples in Papua, especially the food estate in Merauke", said Tanjung.
"We cannot draw a conclusion yet, but indeed, there has been a lot of news from our Jubi's friends that criticises government policies, so we see that it could be one of them, our preliminary suspicion is that it's related to their journalistic work", he added.
Komnas HAM Commissioner Uli Parulian Sihombing said that Komnas HAM would follow up on the complaint. Sihombing explained that the Komnas HAM's representative Office in Papua is currently investigating the firebomb attack.
"We at the representative office are actually conducting an in-depth investigation, monitoring the case of violence against the Jubi journalists. Of course we pushing for a resolution [of cases] related to journalism to be resolved in accordance with the Press Law, with the right to reply and so on", said Sihombing.
Earlier on Wednesday morning October 16 at around 3.15 am, a Molotov bomb was thrown at the Jubi office located on Jalan SPG Taruna Waena in Jayapura. Two operational cars parked in front of the office were burned and damaged.
Quoting from the state-owned news agency Antara, Jubi chief editor Jean Bisay said that when the incident occurred, two staff members who were in the office heard the sound of an explosion. Upon hearing the explosion, the two came out and put out the fire with the help of local residents.
The bomb is believed to have thrown from the side of the road in front of the office and caused a fire to break out between two Jubi operational cars parked in the media company's front yard. The two perpetrators who allegedly threw the Molotov were riding a motorbike, wearing black jackets, masks and helmets.
According to eyewitnesses, prior to the incident the two perpetrators passed in front of the Jubi editorial office several times. Witnesses stated that the two perpetrators had been hanging around the area since midnight on Tuesday October 15. (yoa/tsa)
[Translated by James Balowski. The original title of the article was "Komite Jurnalis Laporkan Serangan Molotov di Kantor Jubi ke Komnas HAM".]
Source: https://www.cnnindonesia.com/nasional/20241029150913-12-1160837/komite-jurnalis-laporkan-serangan-molotov-di-kantor-jubi-ke-komnas-ham
Theo Kelen, Jayapura – The administration of President Prabowo Subianto and Vice President Gibran Rakabuming Raka is being asked to push for a resolution to the armed conflict and violence in the land of Papua. Violence and armed conflicts in Papua can only be resolved through peaceful dialogue.
National Human Rights Commission (Komnas HAM) Chairperson Atnike Nova Sigiro said Papua's special autonomy has been running for more than 20 years, but conflicts and violence are still prone to occur in the Papua. Conflict and violence have resulted in casualties on the part of civilians, the TNI (Indonesian Military) and Polri (Indonesian Police), as well as West Papua National Liberation Army combatants (TPNPB).
"The situation also created social vulnerability that that hampered the enjoyment and protection of human rights, such as difficulties in law enforcement against the perpetrators of violence", Sigiro said in a press statement on Friday October 25.
Sigiro said that the prolonged armed conflict and violence are creating internal refugees and have hampered Papuan citizens' access to economic, social and cultural rights such as education, healthcare and employment.
Sigiro said that the central government must encourage and support regional governments in all provinces in Papua and that this is important to provide effective guarantees for the fulfillment and protection of human rights for the community, including when people are confronted by conflict and violent situations.
Sigiro said the security approach applied by the government must be measured. She also stated that law enforcement was important because it can build public trust and encourage an end to the conflict.
Amnesty International Indonesia Executive Director Usman Hamid said that violence involving state security forces and Papuan Independence movement groups continues to claim lives. Hamid is asking President Prabowo and the new administration to re-evaluate the massive security approach in Papua.
"We urge the president and new administration to re-evaluate the massive security approach in the land of Papua. The increasingly intensive military placement only produces more human rights violations", Hamid said in a written statement on Friday.
Hamid said that the Prabowo-Gibran administration must uphold human rights for all citizens, including indigenous Papuans. Hamid also said that the Prabowo-Gibran administration should be able to ensure justice and accountability for cases of human rights violations in Papua.
Papua Association of Human Rights Advocates (PAHAM) Director Gustaf Kawer said Prabowo must prove that his administration is present to resolve human rights issues and that Prabowo must not ignore human rights, especially those occurring in Papua.
"Past human rights violations were not resolved properly (by President Jokowi). He (Prabowo) must also prove that his government is present to resolving human rights issues. He should not ignore human rights issues", Kawer told Jubi on Thursday October 24.
Kawer said the Prabowo-Gibran administration has homework to do in order to resolve human rights issues in Indonesia, especially in Papua. Kawer said the human rights cases that need to be resolved including the gross human rights violations in Wamena in 2003 and Wasior in 2001-2002.
"He (Prabowo) must prove himself and (cases of gross human rights violations) must be solved. (That is) the homework that must be completed. He must prove that he has changed. Changed in the context of how human rights are taken care of. Past human rights violations (must) be solved, be it the Bloody Wamena (or) the Wasior (incidents)", he said.
Papua Peace Network (JDP) spokesperson Yan Christian Warinussy said that peaceful dialogue remains the first and foremost icon in order to resolve the armed conflict and violence in Papua. A peaceful dialogue must involve the parties involved in the political conflict.
Warinussy said that the JDP is of the view that it is important for the Prabowo-Gibran administration to appoint a special staff or envoy who will focus on resolving the armed conflict and violence in Papua.
He hopes that the new administration will not emulate the policy of President Joko "Jokowi" Widodo's administration, which for the past 10 years has chosen to use a security approach in Papua.
"(The Prabowo-Gibran administration must) appoint and place a special envoy for the resolution of the armed conflict and violence in the land of Papua. During the administration of President Jokowi [and Vice President] Amin Ma'ruf, there was no focus on activities to resolve the armed conflict and violence in the land of Papua", Warinussy told Jubi in a WhatsApp message on Friday evening.
Warinussy said that if the Prabowo-Gibran administration continued to maintain a security approach, conflicts and violence will continue to occur in Papua. Warinussy said the security approach has consistently failed to resolve the armed conflict.
"During the 10 years of Jokowi's administration, it was clear that the security approach always failed to resolve the armed conflict or stop violence in the land of Papua. The indicator of this is that what actually occurred was the addition of security personnel in the land of Papua and military operations have become more widespread and have not guaranteed a peaceful end to the armed conflict", he said.
Papuan religious leader Father John Djonga also said that dialogue is the best way to resolve the armed conflict. Djonga also said that the Prabowo-Gibran administration must listen to the Papuan people's aspirations.
"[If] Prabowo is truly a general who has the courage to uphold justice and human rights, (his administration) must talk to (the Papuan people). What about the rights of the Papuan people to build their own nation or their own land? There must be dialogue", Djonga told Jubi on Friday.
[Slightly abridged translation by James Balowski. The original title of the article was "Prabowo-Gibran Diminta Selesaikan Konflik Bersenjata Di Tanah Papua".]
Source: https://jubi.id/polhukam/2024/prabowo-gibran-diminta-selesaikan-konflik-bersenjata-di-tanah-papua/
