It happens again and again; indigenous Papuans fall victim to Indonesian soldiers.

This time, we have photographic evidence for the brutality, with videos on social media showing a Papuan man being tortured by a group of plainclothes men alleged to be the Indonesian Military (TNI) members. One clip shows the man’s head being beaten with a rod, while another has his back slashed by a blade that looks like a combat knife.

After initially denying the assailants in the footage were military personnel, the TNI issued on Monday a rare apology and said that 13 soldiers had been arrested following the viral video.

“I apologise to all Papuans, and we will work to ensure this is never repeated,” said Cenderawasih Military Commander in Papua Major General Izak Pangemanan.

That rare apology is a positive sign, but it is not enough. We have had enough pledges from the military about not inflicting more violence on Papuans, but time and again blood is spilled in the name of the military and police campaign against armed separatist [pro-independence] groups.

The resource-rich Papua region has seen escalating violence since 2018, when the military increased its presence there in response to deadlier and more frequent attacks, allegedly committed by armed rebels.

Throughout 2023 alone, there were 49 acts of violence by security forces against civilians recorded by the rights group Commission for Missing Person and Victims of Violence (Kontras) in the form of, among others, forceful arrest, torture and shooting. At least 67 people were injured and 41 others lost their lives in the violence.

Also according to Kontras, some of the arrested civilians could not be proven to have ties to the armed rebel groups, particularly the West Papua National Liberation Army (TPNPB).

In regard to this week’s viral videos, the TNI claimed that the man beaten in the video was identified as Defianus Kogoya, a separatist [pro-independence activist] who planned to burn down a health center in Central Papua.

Whether Defianus was a rebel or civilian, what the soldiers did to him is unjustified, because no national or international law allows the torture of members of hostile forces.

The Geneva Conventions and its additional protocols have at least seven articles banning torture. There are also other sets of regulations banning cruel or inhuman treatment of captured enemies.

National regulations also prohibit security forces personnel from committing unnecessary violent acts. Article 351 of the Criminal Code mandates two years and eight months’ imprisonment for any individuals committing torture, a provision that also applies to military personnel.

Indonesian army apologises after viral Papua torture video – Archipelago – The Jakarta Post #jakpost https://t.co/GIYkp1pJ3s pic.twitter.com/8S9QswinJR

— The Jakarta Post (@jakpost) March 26, 2024

For soldiers, the punishment can be heavier as they face the possibility of getting an additional one third of the punishment if they are found guilty of torture by a military court.

The TNI also announced on Monday that it had arrested 13 soldiers allegedly involved in the incidents in the video. The investigations are still ongoing, but the military promised to name them as suspects soon.

These might be good first steps, but they may mean nothing if their superiors are not prosecuted alongside the foot soldiers. At the very least, the TNI must ensure that the 13 suspects are prosecuted thoroughly in a military court of justice.

The TNI should also work harder to prevent systemic issues that allow such violence to occur. A TNI spokesperson acknowledged on Monday that the military was far from perfect. That is good, but it would be better if the TNI actually worked in a transparent manner on how it addresses that imperfection.

Overall, the government and especially the incoming administration of President-elect Prabowo Subianto must make more serious efforts at achieving a long-lasting peace in Papua.

Sending more troops has proven to merely lead to escalation. The incoming government should consider the possibility that fighting fire with fire, only leads to a bigger fire.

This editorial in The Jakarta Post was published yesterday, 27 March 2024, under the title “Stop fighting fire with fire”.

Article by AsiaPacificReport.nz

A defendant in an Indonesian case of alleged defamation, Fatia Maulidiyanti, has hit back at a statement by Coordinating Minister for Maritime and Investment (Menko Marves) Luhut Binsar Pandjaitan who said in his testimony that he wanted to audit all non-government organisations (NGOs) in the country.

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An Indonesian human rights researcher has cricitised his government’s failure to negotiate with West Papuan rebels, saying security officials should learn from the 2005 Aceh peace pact.

The Commission for Missing Persons and Victims of Violence (Kontras) research and mobilisation division head, Rozy Brilian, said the Indonesian government had always refused to hold a dialogue with Papuan pro-independence fighters.

He gave this message during a virtual public discussion titled “Failing to Address the Roots of the Conflict and the Window Dressing of a Development Illusion” last Friday — just two days before several Indonesian soldiers were believed to have been killed in a clash with West Papua National Liberation Army (TPNPB) rebels in the Papuan highlands.

The Indonesia soldiers were searching for New Zealand hostage pilot Philip Mehrtens who has been held captive since early February.

“The government always refuses to hold a dialogue with armed groups that the government refers to as KKB [armed criminal groups] even though the push for dialogue has often been encouraged by different parties,” said Brilian.

Yet, according to Brilian, the model of dialogue with an armed group has successfully been pursued by the Indonesian government in the past.

Aceh peace talks
Brilian gave the example of the Aceh peace talks conducted during the era of former president Susilo Bambang Yudhoyono (SBY).

“This dialogue then concluded in negotiations that produced a Memorandum of Understanding (Mou), or agreement, between the Indonesian government and GAM [Free Aceh Movement] in Helsinki,” said Brilian.

That pact brought peace after three decades of warfare.

According to Brilian, the current government should learn from earlier experiences of holding dialogue with armed groups.

In addition to this, said Brilian, Indonesia could also learn from the Philippines which succeeded in “taming” armed independence groups through dialogue.

“Learn from other experiences in the Southeast Asia region, dialogue between the government and pro-independence armed groups were once held by the Philippines government with the pro-independence Moro Islamic Liberation Front group,” he said.

Translated by James Balowski for IndoLeft News. The original title of the article was “Pemerintah Dinilai Selalu Menolak Usul Dialog Damai dengan KKB Papua”.

Article by AsiaPacificReport.nz

An Indonesian human rights researcher has cricitised his government’s failure to negotiate with West Papuan rebels, saying security officials should learn from the 2005 Aceh peace pact.

The Commission for Missing Persons and Victims of Violence (Kontras) research and mobilisation division head, Rozy Brilian, said the Indonesian government had always refused to hold a dialogue with Papuan pro-independence fighters.

He gave this message during a virtual public discussion titled “Failing to Address the Roots of the Conflict and the Window Dressing of a Development Illusion” last Friday — just two days before several Indonesian soldiers were believed to have been killed in a clash with West Papua National Liberation Army (TPNPB) rebels in the Papuan highlands.

The Indonesia soldiers were searching for New Zealand hostage pilot Philip Mehrtens who has been held captive since early February.

“The government always refuses to hold a dialogue with armed groups that the government refers to as KKB [armed criminal groups] even though the push for dialogue has often been encouraged by different parties,” said Brilian.

Yet, according to Brilian, the model of dialogue with an armed group has successfully been pursued by the Indonesian government in the past.

Aceh peace talks
Brilian gave the example of the Aceh peace talks conducted during the era of former president Susilo Bambang Yudhoyono (SBY).

“This dialogue then concluded in negotiations that produced a Memorandum of Understanding (Mou), or agreement, between the Indonesian government and GAM [Free Aceh Movement] in Helsinki,” said Brilian.

That pact brought peace after three decades of warfare.

According to Brilian, the current government should learn from earlier experiences of holding dialogue with armed groups.

In addition to this, said Brilian, Indonesia could also learn from the Philippines which succeeded in “taming” armed independence groups through dialogue.

“Learn from other experiences in the Southeast Asia region, dialogue between the government and pro-independence armed groups were once held by the Philippines government with the pro-independence Moro Islamic Liberation Front group,” he said.

Translated by James Balowski for IndoLeft News. The original title of the article was “Pemerintah Dinilai Selalu Menolak Usul Dialog Damai dengan KKB Papua”.

Article by AsiaPacificReport.nz

A West Papua rights group claims Indonesian police and soldiers have carried out at least 72 extrajudicial killings over the past year.

The report by the Commission for Missing Persons and Victims of Violence (KontraS) said the police were responsible for 50 of the unlawful killings, with the remainder committed by military personnel.

The latest report situated the unlawful killings in the context of a “narrowing of democratic space” and “massive violations of rights related to the basic principles of democracy” by President Joko Widodo’s administration.

“The widespread practice of extrajudicial killings throughout 2022 by security personnel shows that they are like wolves in sheep’s clothing who are ready to pounce when there’s an opportunity,” KontraS researcher Rozy Brilian told reporters, according to a report by Benar News.

The article quoted Rozy as saying that most of those allegedly killed by police were under criminal investigation and at least 12 of the cases involved torture.

While six Indonesian soldiers were arrested recently for their involvement in the deaths of four Papuans in Mimika regency in the unsettled Papua region, the report claims the security forces still enjoy a high degree of impunity for illegal behavior.

“This is a reminder of the considerable degree of continuity between Suharto’s military-backed New Order, in which the security forces enjoyed political prominence and vast power, and the democratic system that was established after the regime’s fall in 1998,” the authors said.

KontraS said far from investigating or prosecuting those responsible for past rights outrages, the Indonesian government has often promoted them to key positions in government.

In particular, KontraS pointed to the appointment of Major-General Untung Budiharto, the alleged perpetrator of enforced disappearances during the terminal crisis of the Suharto government in 1997 and 1998, as commander of the Greater Jakarta Command Area.

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

Article by AsiaPacificReport.nz

Indonesia’s Commission for Missing Persons and Victims of Violence (Kontras) has criticised the appointment of Central Sulawesi State Intelligence Agency (BIN) regional chief (Kabinda) Brigadier-General Andi Chandra As’aduddin as the acting (Pj) regent of Seram Bagian Barat in Maluku province.

The appointment of As’aduddin was based on Home Affairs Ministry Decree Number 113.81-1164, 2022 on the Appointment of an Acting Seram Bagian Barat Regent in Maluku.

Kontras coordinator Fatia Maulidiyanti said that placing TNI (Indonesian military) or Polri (Indonesian police) officers in civilian positions indicates that the state has no interest in the mandate of reformasi — the political reform process that began in 1998.

One of these was abolishing the dual socio-political function of the armed forces (then called ABRI) and upholding civilian supremacy over the military.

Yet, according to Maulidiyanti, empty regional leadership posts can be filled by state civil servants with experience in administrative management.

She also questioned why the position had to be filled by a TNI officer.

“This is a betrayal of the mandate of reformasi and democratic values,” Maulidiyanti told Tribune News.

She said that what was frightening was the potential abuse of power.

This, she said, was because TNI officers had their own powers which were then augmented by the civilian position they occupied.

“Instead of promoting democracy, it is instead a return back to the New Order [the ousted regime of former president Suharto],” said Maulidiyanti.

Note:
The next regional elections will not take place until November 27, 2024. Regional heads who end their terms in office before this will be replaced by acting regional heads appointed directly by President Widodo in the case of governors and the Home Affairs Ministry in the case of regents and mayors. In total, there will be 271 regions led by acting regional heads, including 27 governors.

Translated by James Balowski for IndoLeft News. The original title of the article was Kontras Kritik Keras Penunjukan Perwira TNI Aktif Jadi Pj Bupati Seram Barat.

Article by AsiaPacificReport.nz

The criminalisation of activists — including those in West Papua — in 2019 and 2020 has been cited as one of the factors for the decline in the quality of democracy in Indonesia.

Based on a report by the Economist Intelligence Unit (EIU), democracy in Indonesia scored its worst figure ever with a score of 6.3 and was placed 64th out of 167 countries.

Advocacy Team for Democracy (TAUD) member Teo Reffelsen said that the criminalisation of activists contributed to Indonesia’s poor record on civil freedoms.

“It has been marked by the criminalisation of expression and public opinion, through to repressive actions ridden with violence,” said Reffelsen in a media release, reports CNN Indonesia.

Between 2019 and 2020, said Reffelsen, TAUD recorded at last 10 incidents of the criminalisation of activists in Indonesia.

This included six Papuan activists — Watchdoc founder and senor journalist Dandhy Dwi Laksono, Jakarta State University (UNJ) sociologist Robertus Robet, musician Ananda Badudu, Papua Student Alliance (AMP) lawyer and human rights activist Veronica Koman and public policy activist Ravio Patra.

Also, 5198 demonstrators were arrested during the protests against the Omnibus Law on Job Creation in September and October 2019, Save Indonesia Action Coalition (KAMI) activists Syahganda Nainggolan and Jumhur Hidayat along with Banda Aceh Syiah Kuala University lecturer Saiful Mahdi.

12 cases in 2021
In 2021, TAUD recorded at last 12 cases of criminalisation of activists. Two of these cases were related to senior state officials, namely Presidential Chief of Staff Moeldoko and Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan.

“The criminalisation of two Indonesian Corruption Watch (ICW) researchers, Egi [Primayogha] and Miftah, threats of criminalisation against [rights activist] Haris Azhar from the Lokataru [Foundation] and Fatia Maulidiyanti from Kontras [Commission for Missing Persons and Victims of Violence],” wrote Reffelsen.

Reffelsen also said they found several cases of attacks on civil freedoms in the form of doxing or attacks in digital space against people who were critical of the government such as those suffered by Ravio Patra and critical online media Tempo.co and Tirto.id.

“The [police] cyber patrols which were legitimised by an instruction by the Indonesian police chief is another example,” said Reffelsen.

Apart from civil freedoms, another factor was that it appeared as if the government lacked the involvement of public participation in policy formulation.

The enactment to revisions to the Corruption Eradication Commission Law, the Omnibus Law and other legislation were examples.

Another aspect was actions by law enforcement agencies such as the judiciary which were seen as corrupt and the lack of seriousness on the part of the government to resolve human rights violations.

“The decline in Indonesia’s democratic index is in keeping with TAUD’s findings on the ground, primarily in relation to civil freedoms which have shrunk,” said Reffelsen.

Translated by James Balowski for Indoleft News. The original title of the article was “Kriminalisasi Aktivis Disebut Buat Indeks Demokrasi Menurun”.

Article by AsiaPacificReport.nz

Commission for Missing Persons and Victims of Violence (Kontras) coordinator Fatia Maulidiyanti has condemned the invitation to Myanmar coup leader General Min Aung Hlaing to attend the ASEAN ministerial conference in Jakarta at the weekend as revealing Indonesia’s true colours — that it is accepting of human rights violators.

“Min Aung Hlaing’s arrival actually shows that Indonesia is indeed very apologetic towards human rights violators not just domestically but internationally,” said Maulidiyanti.

Maulidiyanti said that Indonesia had acted the same way when it received Sudan President Omar Al-Bashir at the Organisation of Islamic Cooperation (OIC) extraordinary leadership conference in 2016.

Yet, according to Maulidiyanti, Al-Bashir was a dictator and a fugitive of the International Criminal Court (ICC).

“Indonesia once did the same thing during the OIC Conference in 2016 when Indonesia also invited Omar Al-Bashir,” she said.

Based on the reception of these two human rights violators, Maulidiyanti questioned Indonesia’s position — which is actually reflected through President Joko “Jokowi” Widodo — with regard to protecting human rights.

The arrival of the Myanmar military junta leader is regrettable because it was as if Indonesia was paying no heed to the violence taking place in Myanmar.

Jakarta not heeding violence
“So here there is actually a question, what face is Indonesia presenting through President Joko Widodo and government officials by not heeding the violence occurring in Myanmar. The aim, rather than inviting the leader of the military junta, is to open dialogue,” she said.

Maulidiyanti questioned what the real aim was in inviting the lead of the Myanmar military junta to Jakarta.

Maulidiyanti emphasised that Indonesia should have invited the Myanmar National Unity Government (NUG) to the ASEAN meeting on Saturday afternoon.

“The government should have instead invited the NUG who are the elected representatives of the Myanmar people,” she said.

On the other hand, Maulidiyanti said that ASEAN had a very important role to play in resolving the problems in Myanmar. ASEAN should immediately take firm measures over the violence being committed by the Myanmar government.

The invitation of Min Aung Hlaing to the ASEAN conference proves that ASEAN was not a safe place for the protection of human rights.

“It can be seen from the cooperation where they don’t want to heed the situation or the importance of acting immediately against the Myanmar government today, meaning ASIAN is not a safe place for protecting human rights”, she said.

Widodo’s response
President Widodo said that the violence in Myanmar must stop. This was one of the points he stressed during the meeting with the eight leaders of ASEAN countries at the ASEAN Leaders Meeting in Jakarta.

“At the meeting earlier I conveyed several things. First, the situation developing in Myanmar is something which is unacceptable and cannot be allowed to continue,” said Widodo during a virtual press conference on the Presidential Secretariat YouTube channel.

“The violence must stop. Democracy and stability as well as peace in Myanmar must be restored immediately. The interests of the Myanmar people must always be the priority,” he said.

Second, Widodo emphasised the importance of General Min Aung Hlaing making two commitments.

An end to the use of violence by the Myanmar military and that all parties must restrain themselves so that tensions can be eased so that a process of dialogue can be begun.

“Political prisoners must be released immediately and an ASEAN special envoy needs to be established, namely the ASEAN secretary general and chairperson to promote dialogue between all parties in Myanmar,” said Widodo.

Third, he asked that access be given for humanitarian aid from ASEAN which would be coordinated by the ASEAN secretary general and the ASEAN Coordinating Center for Humanitarian Assistance (AHA Center).

Widodo also asserted that Indonesia wass committed to overseeing the above three commitments so that the crisis in Myanmar could be resolved.

“We thank God that what has been conveyed by Indonesia will turn out to be in accord with what has been conveyed by ASEAN leaders so it can be said that ASEAN leaders have reached a consensus,” said Widodo.

“The ASEAN secretary general has conveyed five points of concusses which will be conveyed by the ASEAN secretary general or chairperson. The contents are more or less the same as those that I conveyed earlier in the national statement which I conveyed earlier,” added the president.

The ASEAN leaders meeting which was held today in Jakarta was attended by the leaders of the nine countries in Southeast Asia: President Joko Widodo, Vietnam Prime Minister Pham Minh Chính, Brunei Darussalam Sultan Hassanal Bolkiah, Cambodian Prime Minister Hun Sen, Myanmar military chief General Min Aung Hlaing, Malaysian Prime Minister Muhyiddin Hassin, Laos Foreign Affairs Minister Laos Saleumxay Kommasith, Thai Foreign Affairs Minister Don Pramudwinai and Singapore Prime Minister Lee Hsien Loong.

Translated by James Balowski for IndoLeft News. The original title of the article was “Soroti Kehadiran Min Aung Hlaing, Kontras: Indonesia Apologetik kepada Pelanggar HAM”.

Article by AsiaPacificReport.nz

Indonesia’s Commission for Missing Persons and Victims of Violence (Kontras) has found 40 incidents of human rights violations in Papua between January and November 2020, a new report says.

The report by Kontras researcher Arif Nur Fikri was released yesterday to commemorate International Human Rights Day.

“Kontras recorded that throughout almost all of 2020, there was at least one incidence of violence every month which befell the Papuan people”, said Fikri during an event held virtually along with media.

Fikri said that these 40 cases were dominated by cases of violence in the form of shootings, abuses and arbitrary arrests by security forces.

Kontras documented that these 40 cases involved at least 276 people who were victims of arrest, were wounded or died.

“In general the victims were civilians. And this continues repeatedly every year,” he said.

Because of this, he believes that the militaristic approach by the government has been “ineffective” in dealing with violence in Papua.

Urgent reevaluation needed
According to Fikri, urgent reevaluation was needed by the government and the House of Representatives (DPR).

“Because so far there has not been any evaluation from the military actors related to human rights violations in Papua,” he said.

In addition to this, Fikri also said that the figures or total number of incidences of violence in Papua have not been accompanied by transparency which should guarantee accountability.

He gave as an example when the government blocked the internet in response to the riots in Papua in late August and early September 2019.

This incident began with a racist attack on students in Surabaya, East Java, in August 2019. This was responded to by demonstrations in several parts of the land of Cendrawasih, as Papua is known.

The government responded to the massive demonstrations in Papua by blocking or throttling the internet connection in Papua.

As has been reported, the Jakarta Administrative Court (PTUN) also declared that President Joko “Jokowi” Widodo and the Information and Communications Ministry were guilty of wrongdoing in the case.

“This is homework for the government and we always remind the government to think about the levels of violence in Papua which in the future [they] should at least minimise this figure,” said Fikri.

Based on its records, in January 2020 there were five cases of human rights violations in Papua, three in February, two in March, three in April, four in May, two in June, four in July, four in August, six in September, two in October and five cases in November.

Translated by James Balowski of IndoLeft News. The original title of the article was “Total 40 Pelanggaran HAM di Papua Sepanjang 2020, Kontras: Setiap Bulan Pasti Ada Kasus“.

Article by AsiaPacificReport.nz

By Karina M. Tehusijarana in Jakarta

Indonesia’s Commission for Missing Persons and Victims of Violence (Kontras) has urged President Joko “Jokowi” Widodo to take concrete steps to resolve alleged gross human rights violations in Wasior, Papua, marking the 17th anniversary of the incident this week.

“Kontras regrets and criticices the lack of action of President Jokowi’s administration in dealing with and resolving human rights abuses in Papua,” said Kontras commissioner Yati Andriyani.

The incident, which took place on June 13, 2001, was triggered when five members of the National Police’s Mobile Brigade (Brimob) and one civilian were killed after a dispute between residents and timber company PT Vatika Papuana Perkasa.

During a search for the perpetrators, Brimob members allegedly committed gross human rights violations in the form of murder, torture and abduction.

A National Commission on Human Rights (Komnas HAM) investigation into the incident found that at least four people were killed, 39 wounded from torture, five abducted and one sexually abused.

The case was submitted to the Attorney-General’s Office for prosecution in 2004 but has seen little progress since then.

-Partners-

During his campaign for president in 2014, Jokowi had promised to resolve past human rights violations, including the Wasior incident.

“Instead of fulfilling that promise, Attorney-General H.M. Prasetyo said on June 1 this year that gross human rights abuses were difficult to resolve through judicial processes,” Yati said.

Article by AsiaPacificReport.nz