Indonesia’s National Commission on Human Rights says it is investigating deaths of a dozen West Papuans in a military operation.

The commission, known as Komnas HAM, says the incident took place last Tuesday in Kembru District in Puncak regency of Central Papua

Komnas HAM said 12 civilians, including women and children, died as the result of gunshot wounds sustained in an Indonesian military operation.

It said any operation that results in civilian casualties “cannot be justified on any grounds”.

Komnas HAM said that dozens of other civilians suffered serious injuries.

Indonesia’s military told local media its forces killed four Papuan pro-independence militants in an armed exchange in Kembru.

However, the West Papua National Liberation Army has denied that there was any exchange with the Indonesian military in Kembru.

Restraint urged
Urging the head of Indonesia’s military to investigate the incident, Komnas HAM has urged restraint from all parties.

It also urged both Indonesia’s national government and the Papua regional government to ensure measures are taken to protect civilians, treat those injured and recover bodies of those killed.

The human rights body also noted the risk of mass displacement of villagers impacted by the military operation.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Repeated cases of Indonesian military (TNI) soldiers torturing civilians in Papua have been evident, as seen in the viral video depicting the torture of civilians in the Puncak Regency allegedly done by soldiers of Raider 300/Brajawijaya Infantry Battalion.

There is a pressing need for stringent law enforcement and the evaluation of the deployment of TNI troops from outside Papua to the region.

Frits Ramandey, the head of the Papua Office of the National Commission on Human Rights (Komnas HAM Papua), said that since 2020, Komnas HAM Papua had handled several cases of alleged torture by TNI soldiers against civilians.

“This [case of torture against civilians] is not the first to occur in Papua,” said Ramandey said this week.

Ramandey cited the case of the torture and murder of Pastor Yeremia Zanambani in Intan Jaya Regency in September 2020.

He also mentioned cases of violence against people with disabilities in Merauke in July 2021.

Torture of children
In 2022, Komnas HAM Papua also dealt with cases of civilian torture in Mappi regency, as well as the torture of seven children in the Puncak regency.

In Mimika regency, four Nduga residents were murdered and mutilated, and three children were tortured in Keerom regency.

Ramandey said that the cases handled by Komnas HAM indicated that the torture experienced by civilians was extremely brutal, inhumane, and violated human rights.

According to Ramandey, similar methods of torture used by the military were employed during Indonesia’s New Order regime.

“They tend to repeatedly commit torture. [The modus operandi] used [is reminiscent of] the New Order regime, using drums, tying up individuals, rendering them helpless, allowing perpetrators to freely carry out torture,” he said.

Ramandey emphasised that such torture only perpetuated the cycle of violence in Papua.

Human rights training
He insisted that TNI soldiers deployed in Papua must receive proper training on human rights. Additionally, soldiers involved in torture cases must be prosecuted.

“Otherwise, the cycle of violence will continue because [the torture that occurs] will breed hatred, resentment, and anger,” said Ramandey.

Ramandey called for an evaluation of the deployment of TNI troops from outside Papua to the region.

According to Ramandey, TNI troops from outside Papua would be better placed under the control of the local Military Area Command (Kodam) instead of the current practice of under the Operational Control of the Joint Defence Region Command (Kogabwilhan) III.

He believed that the Papua conflict could only be resolved through peaceful dialogue. He urged the state to create space for such peaceful dialogue, including humanitarian dialogue advocated by Komnas HAM in 2023.

Repetition due to impunity
In a written statement last weekend, the director of Amnesty International Indonesia, Usman Hamid, said that the right of every individual to be free from torture was part of internationally recognised norms.

Usman said that Article 7 of the International Covenant on Civil and Political Rights (ICCPR) and General Comment No. 20 on Article 7 of the ICCPR had affirmed that no one could be subjected to practices of torture/cruel, inhuman, or degrading treatment or punishment under any circumstances.

“No one in this world, including in Papua, should be treated inhumanely and have their dignity degraded, let alone resulting in loss of life,” wrote Usman.

Usman criticised the practice of impunity towards suspected perpetrators of various past cases, which had led to repeated cases of torture of civilians by TNI soldiers.

“These actions keep repeating because there has been no punishment for members who have been proven to have committed crimes such as kidnapping, torture, and even loss of life,” he said.

According to Jubi’s records, TNI soldiers are suspected of repeatedly being involved in the torture of civilians in Papua.

On February 22, 2022, TNI soldiers allegedly assaulted seven children in Sinak District, Puncak Regency, after a soldier from 521/Dadaha Yodha Infantry Battalion 521, Second Pvt. Kristian Sandi Alviando, lost his SS2 weapon at PT Modern hangar, Tapulunik Sinak Airport.

The seven children subjected to torture were Deson Murib, Makilon Tabuni, Pingki Wanimbo, Waiten Murib, Aton Murib, Elison Murib, and Murtal Kulua. Makilon Tabuni later died.

Killed and mutilated
On August 22, 2022, a number of TNI soldiers allegedly killed and mutilated four residents of Nduga in Settlement Unit 1, Mimika Baru District, Mimika Regency.

The four victims of murder and mutilation were Arnold Lokbere, Irian Nirigi, Lemaniel Nirigi, and Atis Tini.

On August 28, 2022, soldiers from Raider 600/Modang Infantry Battalion allegedly apprehended and assaulted four intoxicated individuals in Mappi Regency, South Papua Province.

The four individuals arrested for drunkenness were Amsal Pius Yimsimem, Korbinus Yamin, Lodefius Tikamtahae, and Saferius Yame.

Komnas HAM Papua said that these four individuals also experienced abuse resulting in injuries all over their bodies.

On August 30, 2022, soldiers stationed at Bade Post, Edera District, Mappi Regency, allegedly committed assault resulting in the death of Bruno Amenim Kimko and severe injuries to Yohanis Kanggun.

A total of 18 soldiers from Raider 600/Modang Infantry Battalion were suspects in the case.

On October 27, 2022, three children in Keerom Regency, Rahmat Paisei, 15; Bastian Bate, 13; and Laurents Kaung, 11; were allegedly abused by TNI soldiers at a military post in Arso II District, Arso, Keerom Regency, Papua.

These three children were reportedly abused using chains, wire rolls, and hoses, requiring hospital treatment.

On February 22, 2023, TNI soldiers at Lantamal X1 Ilwayap Post allegedly assaulted Albertus Kaize and Daniel Kaize. Albertus Kaize died as a result.

Republished with permission from Jubi/West Papua Daily.

Article by AsiaPacificReport.nz

The Human Rights Lawyers Association (PAHAM) Papua has demanded a “thorough and impartial” investigation into the death of Michelle Kurisi, a civilian involved in gathering information about a New Zealand pilot held hostage by West Papuan pro-independence fighters.

She was tragically killed on August 28 in Kolawa District, Lanny Jaya Regency, in the Mountainous Papua Province.

Following Kurisi’s killing, a statement claiming responsibility for the act was made by the West Papua National Liberation Army (TPNPB) spokesperson, Sebby Sambom.

The TPNPB alleged that the victim had collaborated with security forces and had engaged in spying activities during her visit to Nduga, where she was collecting data on refugees, including information related to the release of the New Zealand pilot Philip Mehrtens who has been held hostage by a TPNPB group since February 7.

Gustaf R. Kawer, chair of PAHAM Papua, said that the focus of the investigation should not be to find a scapegoat or advance a politically motivated narrative.

Instead, it should prioritise an independent inquiry that delved into the victim’s daily life, her occupation, work-related relationships, and her mission to Nduga, including identifying the institutions or parties she was collaborating with.

He said it was crucial to determine who was with her until she met her tragic end.

‘Close ties with police officers’
“Based on PAHAM Papua’s digital tracing and monitoring efforts,” Gustaf Kawer said in a media release, “it appears that the victim had close ties with several high-ranking police officers in Papua and was actively involved in various conflicts in the region.”

Therefore there was a pressing need for an in-depth, impartial investigation into Michelle Kurisi’s death by a neutral entity.

This would help prevent claims and narratives driven by political interests.

Kawer stressed the importance of gathering witnesses and evidence — including the victim’s digital footprint — her recent activities, and communications with various parties, particularly during her trip to Nduga.

These elements were critical in unravelling the motive behind her murder, he said.

Furthermore, the victim’s participation in a a webinar titled “Indonesia Walk Out Why?” hosted by Bishop Joshua Tewuh was noteworthy.

During this event, she expressed support for the United Liberation Movement for West Papua (ULMWP) delegation and criticised the Indonesian government strongly.

Speculation about motive
Given her recent track record, there was speculation about the motive behind her murder, Kawer said.

It was possible that her death was not solely orchestrated by the TPNPB but could involve groups with vested interests in Papua, aiming to silence her for her statements or to manipulate the narrative surrounding the Papua conflict.

In light of these circumstances, Gustaf Kawer urged the Indonesian government to establish an independent team, through the Indonesian National Human Rights Commission (Komnas HAM), to investigate cases of extrajudicial killings thoroughly.

This action was essential to prevent unfounded claims and protect civilians in Papua, whether by the TPNPB or the security forces,he said.

Republished with permission.

Article by AsiaPacificReport.nz

Indonesia’s former National Human Rights Commission (Komnas HAM) chairperson Ahmad Taufan Damanik says it is difficult to expect Komnas HAM to play a role in freeing the New Zealand pilot Philip Mehrtens held hostage in West Papua.

According to Damanik, who was chair 2017-2022, this is because the current Komnas HAM leadership has taken a position tending to follow the government line and “doesn’t have the courage” to resolve humanitarian problems in Papua.

Damanik cites as an example the “humanitarian pause” agreement that was unilaterally cancelled by Komnas HAM, which triggered an escalation of violence in Papua, including the seizing of the Susi Air pilot by rebels demanding Papuan independence.

The humanitarian pause in Papua was an agreement reached by the Komnas HAM leadership for the 2017-2022 period to temporarily halt armed contact between the conflicting groups in Papua.

“Since they unilaterally cancelled the humanitarian pause without any good reason, as well as the lack of communication between parties, especially with our Papuan friends, it is difficult to expect them to play a role in Papua,” Damanik said in a text message on Friday.

“The one-side cancellation caused anger among those who were pushing for a humanitarian pause in Papua.

“With such a position, it is difficult to expect a strategic role for Komnas HAM. Their position tends to just follow what is being done by the government,” he added.

Communications deadlock
Yet, according to Damanik, by maintaining the independence of its authority, the Komnas HAM could break the communication deadlock between the demands of the hostage takers, — the West Papua National Liberation Army armed wing of the Free Papua Organization (TPNPB–OPM) — and the government.

Moreover, there has been an offer by the TPNPB group led by Egianus Kogoya for the Papua Komnas HAM Representative Office to act as negotiator in the hostage case.

“Including the [Philip Mehrtens] hostage negotiations, the Egianus group asked for the involvement of the Papua representative [office] head’s help. My hope is that the Komnas HAM national is welcomed in Papua, so it is better to provide full support to the Komnas HAM Papua representative office,” Damanik added.

Damanik also hopes that Komnas HAM, which is now headed up by Atnike Nova Sigiro, could be critical of central government policies that are wrong.

“Communicating criticism like this is what we used to do [when I served at Komnas HAM] and there is no need to worry about tension in the relationship [with the government]. That’s normal in relationships between institutions,” said Damanik.

Earlier, Sigiro said that the commission had entrusted all matters related to dealing with the New Zealand pilot’s hostage case to the government, saying they hoped that the case could be resolved peacefully.

Authority ‘with government’
“Authority for dealing with the hostage case is in the government’s hands,” said Sigiro earlier this month.

Mehrtens was taken hostage by the TPNPB on February 7 when his plane was set on fire after landing at the Paro airstrip in Nduga regency, Papua Highlands.

At the time, the plane was transporting five indigenous Papuan passengers. Mehrtens and the five passengers reportedly fled in different directions.

The five Papuans returned to their respective homes while Mehrtens was taken hostage by the pro-independence militants.

Translated by James Balowski for IndoLeft News. The original title of the article was “Tak Terlibat Aktif dalam Upaya Bebaskan Pilot Susi Air, Komnas HAM Dikritik”.

Article by AsiaPacificReport.nz

The trial of three Papuan “free speech” students accused of treason has resumed at the Jayapura District Court this week.

The defendants — Yoseph Ernesto Matuan, Devio Tekege, and Ambrosius Fransiskus Elopere — have been charged with treason for organising a free speech rally where they were accused of raising the banned Morning Star flags of West Papuan independence at the Jayapura University of Science and Technology (USTJ) on November 10, 2022.

During the hearing on Thursday, linguist Dr Robert Masreng testified as an expert witness presented by the public prosecutor.

He said the Morning Star flags displayed in the event were “merely an expression”.

The students organised a protest to voice opposition against the Papua dialogue plan initiated by the National Commission on Human Rights (Komnas HAM).

However, the event was broken up by police and several participants were arrested.

Dr Masreng, a faculty member at Cenderawasih University’s Faculty of Teacher Training and Education, clarified the definitions of treason, independence, Morning Star, conspiracy, and the meanings of writings displayed during the free speech rally.

Treason ‘definitions’
He said that according to the Indonesian Thesaurus dictionary, “treason” referred to engaging in deceitful actions or manipulating others to achieve personal objectives.

It could also denote rebellion, expressing a desire to prevent something from happening.

Additionally, Dr Masreng noted that treason could signify an intention to commit murder.

In court, Dr Masreng explained that treason involved deceptive actions, rebellion, and an intention to commit murder.

He emphasised that the Morning Star flag was a symbol that gained meaning when it was used for a specific purpose. Without a clear intention behind its use, the flag lost its importance.

Dr Masreng said that the Morning Star flag was often used as a symbol to express ideas.

He said that the meaning of the flag could be understood based on how it was used in different situations, and different people might interpret it in their own unique ways.

‘Independence’ clarified
Dr Masreng clarified the term “independence” by explaining that it represented a perspective of freedom that had a wide-ranging and abstract significance when it was used.

The understanding of the word relied on the specific situation and how different people perceived it, especially in relation to the core concept of freedom.

Dr Masreng said this meant that when someone expressed themself, it implied being free from criticism and oppression.

He also provided an interpretation of the chant “referendum yes, dialogue no.”

He said the chant conveyed a decision to the general public without involving Parliament.

Rejecting dialogue was an expression of the speaker’s unwillingness to engage in a dialogue.

Regarding the statement requesting intervention of the United Nations Human Rights Council in Papua, Dr Masreng said this signified that the problems in Papua were not limited to domestic concerns, but were matters that should be acknowledged by the international community.

“It means an expression of asking the government to be open to the international community, allowing them to enter Papua and observe the dire human rights situations in the region,” he said.

Republished from Jubi with permission.

Article by AsiaPacificReport.nz

Indigenous people fought alongside youth movements in the creation of an Indonesian nation. But, in the historical writing of Indonesia’s struggle for independence from colonial powers, stories of Indigenous people’s role are nearly non-existent compared to that of the elite educated youth leaders.

This lack of representation reflects the marginalisation of Indigenous peoples, which continued throughout Indonesia’s 75 years of independence.

Indigenous people, whose traditional knowledge and way of life proved to be a force to be reckoned with during the current covid-19 pandemic and who for generations serve as guardians of forests and natural environments, continue to be stigmatised and experience oppression in their own country.

Nearly 20 million, out of a total of 268 million Indonesians, Indigenous peoples are often being associated with “dirty, primitive, underdeveloped, alien, to forest encroacher.”

The stigma resulted in them being underrepresented, either economically, socially, politically, and culturally.

In addition, these communities suffered oppression from the government’s economic driven investment, evicting them from their customary lands to make way for large scale forestry, mining, and plantations.

Freedom fighters
History books barely mention how Indigenous peoples took arms with the Youth movement during the struggle for independence and helped to finally established the Republic of Indonesia.

Rukka Sombolinggi, who comes from the Toraja tribe in South Sulawesi, recalled the experience of her own family. She said that her great grandfather and grandfather were freedom fighters who fought along with students.

Rukka is the secretary-general of the Alliance of Indigenous Peoples of the Archipelago (AMAN). The alliance currently represents 2366 indigenous communities throughout Indonesia or more than 18 million individual members.

“My grandfather died as a veteran. The history might not have recorded Indigenous Peoples’ roles for fighting the colonialism, but there were hundreds of thousands of them who died in the wars. Unfortunately, history recorded only the youths movements,” said Sombolinggi.

Sandra Moniaga, a Commissioner for Assessment and Research at the National Commission of Human Rights (Komnas HAM), said the majority of Indigenous Peoples, such as Sedulur Sikep in Java, were among the groups who rejected to collaborate with the Dutch colonialists.

Moniaga added that Indigenous peoples have a unique contribution to Indonesia’s struggle for independence. “They preserve Indonesia’s local cultures, protecting our identity as a nation known with hundreds of tribes and cultures,” she said.

Forest guardians
Most of Indigenous peoples’ customary lands are within and near the country’s forests. They play a huge role in protecting the country’s forest and natural environment.

In her recent study about the Marind-Anim Indigenous Peoples in Merauke Regency, Papua Province, anthropologist Sophie Chao who has been living among them for more than a decade, mentioned how the tribe is “caring for the forest, respectable to plants and animals, and nourishing relationships with the natural world”.

Under the administration of Indonesia’s first president Sukarno, Indigenous peoples got their recognition through the State’ agrarian law in 1960.

The law was the first to mention Indigenous peoples. But it stipulates that customary law applies as long as it aligns with national and State interests.

After Soeharto took power in 1966, there was systematic destruction on customary rights during the New Order, according to Sandra.

She said that the government carried out land-grabbing by issuing forest permits on customary lands for forestry, mining and large scale plantations.

“Most of these customary lands were also claimed by the government to be handed over to migrants and TNI (the army) or the police,” she added.

Towards recognition of Indigenous rights
Things started to change for Indigenous peoples in following the end of Soeharto’s rule in 1998.

The 4th Amendment of the 1945 Constitution enacted in 2000 acknowledged their “traditional existence” and “traditional way of life”.

This became the legal basis for the Constitutional Court to rule out customary lands (Hutan Adat) as State’s forests in 2012, or locally known as MK35.

Another progress, President Joko “Jokowi” Widodo had revived the Indigenous Peoples Bill, which will strengthen Indigenous peoples’ existence in the Republic and to resolve ongoing conflicts related to customary lands.

“Still, it is difficult to realise these regulations. Instead of RUU MHA (Indigenous Peoples Bill), the government and lawmakers are more eager to pass the Omnibus Law on Job Creation,” slammed Rukka Sombolinggi.

She said currently, Indigenous peoples are facing another form of “colonialism”. Since decentralisation in 2001, the regents and governors were the ones issuing permits over Customary Forest without their consent.

“We are no longer fighting foreign companies, but locals, like the bupati (head of regent), the governor. Their own people,” she said citing Sukarno’s famous speech: “My struggle was easier because it was to expel the colonialists, but yours will be more difficult because it is against your own people.”

Moving forward
During the pandemic, Indigenous peoples that are still practising their traditional knowledge are considered to be the most resilient groups because of their closeness to nature.

“Indigenous peoples who are guarding their areas and not massively exploited their resources and have the spirit of sharing, they have strong resilience against this pandemic. They can even provide their own food,” said Rukka Sombolinggi.

Meanwhile, those who are exposed to modernisation or in conflict with the industries suffer from unemployment, food security, and lacking in health, clean water and sanitation access.

“The claim and promises from big corporations to provide food, open access to education, or employment, they are now becoming helpless due to the characteristic of the virus,” Sombolinggi added.

Sophie Chao admired the courage, resilience, endurance, and creativity of Indigenous Peoples, in general, in the face of ongoing threats to their lands and ways of life.

“For me, my hope is that the cultures and values of Indigenous Peoples will be fully recognised, protected, and promoted by the Indonesian state and by the international community,” said Chao.

“This means making sure that their rights to land are guaranteed, that their full consent is sought where development projects are being planned, and their development takes place in a bottom-up way, based on Masyarakat Adat‘s own aspirations, dreams, and hopes.”

Rukka Sombolinggi, secretary-general of the Alliance of Indigenous Peoples of the Archipelago (AMAN), and Sandra Moniaga, a Commissioner for Assesment and Research at the National Commission of Human Rights (Komnas HAM) were interviewed for this article, part of a series to commemorate Indonesian Independence Day on August 17. Fidelis Eka Satriastanti is editor of Lingkungan Hidup, The Conversation. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Article by AsiaPacificReport.nz