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Focus on infrastructure development has made human rights enforcement lacking?

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The office of National Human Rights Commission in Jakarta – Supplied

Jakarta, Jubi – Still in the framework of evaluation of Joko Widodo – Jusuf Kalla 3 years’ government, law enforcement and human rights is
the most hot topic and spotlight of many parties.

This time the Vice Chairman of Commission III of the House of Representatives, Benny K. Harman who considered the performance
of government of Joko Widodo – M. Jusuf Kalla in the field of law enforcement, tend to walk in place.

“We are like running in place, the progress in law enforcement field is like ‘poco-poco dance’,” Benny said as quoted by Antara
on Saturday (October 28) in a discussion in Jakarta entitled Critical Evaluation of Three Years of Jokowi Government; where is Legal Justice?

According to him, the lack of performance shows the government is not working well. “If this is the case, we can do this even without the president,” he said.

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According to him, the law in Indonesia today tends to be used by the government as a tool of power by putting justice aside .

“The law is supposed to guard democracy, but I am afraid that the it used as a tool to achieve the interests of power,” he said.

Focus on infrastructure is the cause?

In response, Experts Office Staff of the President, Ifdhal Kasim said it is due to government policy focusing on infrastructure development,
which does cause less attention in other areas.

But Ifdhal also specifies, current legal reforms concentrate on regulatory reform, the settlement of a number of human rights cases
and the reform of legal institutions.

He said from seven past human rights violation cases, two are under legal processing.

“There have been two cases, that is Wasior and Wamena in Papua, which are now in the process of submitting to the court,” he said.

He claims the government is looking for the best solution to resolve a number of other human rights cases and is expected to be completed
before President Jokowi’s term is completed by 2019. “The government is looking for a comprehensive format of human rights resolution,” he
said.

While in some official responses at UN forums, such as Human Rights Council Meeting, Universal Periodic Review (UPR) and General Assembly
of the United Nations few weeks before, the Indonesian government has consistently explained various claims of infrastructure development
outcomes in Papua under Jokowi’s government as responses to issues Human Rights of Papua.

It seems as a way to counter the issues of separatism or self-determination that began to get additional support in the UN forums, not only from the Pacific countries, but also some countries in the Caribbean and Africa.

Related to that, Foreign Minister Retno Marsudi told BBC (26/10) that government can not prevent countries in the South Pacific region from promoting human rights issues in Papua to the UN General Assembly. Because every UN member country gets the right to discuss any subject in the public forum.

“All countries are free to express their opinion, that is their right,” said Retno after describing the achievements of the Ministry of Foreign Affairs under the administration of President Joko Widodo in Jakarta.

However, she continued, Indonesian diplomats at the UN are encouraged to answer all the demands and insistence by other countries through the exposure of development progress that proclaimed by the government.

“Our right is to explain the development carried out in Papua, comprehensive developments etc, as we have explained,” said Retno.

Attention to human rights has lost

Previously, Amnesty International in their evaluation statement on the performance of Jokowi’s human rights sector concluded that Jokowi’s
political commitment in handling human rights violations cases has disappeared.

“Jokowi’s commitment and will have been lost while the time is ticking,” said Usman Hamid, Director of Amnesty International
Indonesia, quoted by Tempo.co (10/10) during a press conference at his office in Menteng, Central Jakarta.

According to human rights activists and former Kontras Coordinator, one of the causes of the stagnancy of human rights cases settlement is that the judicial system eliminates punishment of military personnel involved in human rights violations.

In fact, he continued, many rules of law that can be used as a basis for the government to resolve the issue of human rights. “But there is
an unfairness of Jokowi in using the constitution,” he said.

So it is not surprising that many cases of human rights violations ended in documents and notes. Some of the cases are related to freedom of expression and religion, to cases of violence.(tabloidjubi.com/Zely)

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A survivor of Biak Massacre: Don’t stop us commemorating the victims of the tragedy

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The National Commission on Human Rights (Komnas HAM) in Jakarta – Supplied

Makassar, Jubi – A survivor of the Biak Massacre Tineke Rumkabu warned security forces to not preventing people sprinkle flower petals at around the water tower in Biak, Papua, she told in an online forum organised by the Law School of UPNVJ on Monday (6/7/2020).

According to her, she and some friends and relatives came to the water tower to sprinkle flower petals and pray for the victims of the Biak Massacre on Monday morning (6/7/2020). However, the movement to commemorate the twenty-two years of the tragedy got attention from the security forces who were on the scene.

“I told them that I will continue to sprinkle the flower petals because they (victims) have no grave. If you tell me where their graves are, I will go there and not come here anymore [to pray and sprinkle flower petals],” said Rumkabu.

The security forces once tried to stop them. “They followed us to the scene (water tower) and told me that we did not have a permit. But at around 11 a.m. [Papua time], I entered the area of the water tower and put a flower bouquet there. I don’t care whatever the risk I would face. I would never be scared. It is the place where my friends, elders, and relatives got murdered while nobody knows their graves,” she said.

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About the tragedy, she emphasised that the state must take responsibility for both victims and their families. “Maybe the violence and injustice will end if Papua gets freedom. If we are parts of this country, we should be guarded and protected instead of massacred,” she said.

The Biak Massacre that occurred on 6 July 1998 is a dark story in Papuan history. The tragedy began with a peaceful protest for a referendum and a raising of the Morning Star flag under the water tower in Biak since 2 July 1998 but ended with a series of arrests, tortures, shots, rapes and other violence on the fourth day.

A few years ago, Elsham Papua published their result of investigation under the title “Pusara Tanpa Nama, Nama Tanpa Pusara (Grave without Name, Name without Grave)”. The report listed eight people died, three were missing, four seriously injured while 33 lightly wounded, and 150 were arrested and tortured, and 32 corpses found floating in the Biak waters.

An Indonesian human rights commissioner Beka Ulung Hapsara in the similar discussion forum told that the National Human Rights Commission (Komnas HAM) already submitted their result of the investigation to the authority, but has not yet received any response.

“The Biak Massacre is a human tragedy that must be taken seriously. An initial investigation of Komnas HAM (a few years ago) found some indicators of human rights violations in the tragedy such as torture and so on,” said Beka.

Therefore, he said, the investigation team of Komnas HAM came to Papua several times to investigate this case, and in 2010 recommended Article 26/2000 about the severe human rights violation should apply to analyse the Biak Massacre. However, there was no follow up until the assignment of new commissioners.

Some activists joined the “Papua Itu Kita” movement attempting to bring up the settlement of the Biak Massacre. On 26 February 2015, they came to the Komnas HAM office and urged the human rights commissioners to follow up their investigation.

“Regarding the Biak case, I will try to bring up this issue in the plenary meeting, and discuss it with other colleagues to find a fair and dignified solution for the victims and their families,” said Beka. (*)

 

Reporter: Arjuna Pademme

Editor: Pipit Maizier

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TPNPB Paniai declines the extension of Special Autonomy in Papua

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TPNPB Paniai Commander Demianus Magai Yogi (holding the megaphone) – Jubi/Dok

Jayapura, Jubi – West Papua Liberation Army Division II Paniai published a statement to decline the extension of Special Autonomy in Papua.

Furthermore, Commander Demianus Magai Yogi claimed those who support this policy are taking side with colonialism. “Those who support the Special Autonomy and other policies of the Indonesian Government in Papua support the colonialist to eliminate us, the indigenous Papuans,” Yogi told Jubi on Sunday (5/7/2020).

Law No. 21 of 2001 about Special Autonomy has regulated some critical issues in Papua, including the establishment of the National Human Rights Commission Papua, the Human Rights Courts, and the Truth and Reconciliation Commission for clarifying or correcting the Papuan history and deploying the Special Autonomy Funds.

However, the Special Autonomy Funds that equal with 2 percent of the National Allocation Budget will terminate at the end of 2021. As a result, it has raised a discourse of evaluation and revision on the Special Autonomy Law.

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For this reason, Yogi accused those who propose the extension of the Special Autonomy in Papua are those who want to compromise with the Indonesian Government to decline the political rights of Papuan people.

“As indigenous Papuans, our primary interest is the rights of self-determination that has been neglected or taken from us through the Pepera (People’s Vote) in 1969,” said Yogi.

Therefore, Yogi said the TPNPB Pania would continue to discharge the invaders and fight for the independence of West Papua. “[We] will continue to fight until the independence of West Papuans materialised,” he said.

In the meantime, his colleague Soleman Magai Yogi stated that the Indonesian occupation of West Papua since 1963 was a conspiracy between Indonesia, the United States, Netherlands and the United Nations. This occupation is a form of violation against the standards and principles of international law.

Because as the landowner, they never involved West Papuans in the international meetings and negotiations to discuss the political status of West Papua,” he said.

Moreover, since 1963, Indonesia continues to carry out military operations that have killed many indigenous Papuans. “Indonesian authorities have chased, intimidated, terrorised, arrested and killed Papuans who fight for their rights and the sovereignty of West Papua,” he said.

To sum, he declined the ambition of Jakarta to extend the implementation of Special Autonomy in Papua. “We only ask for the rights of self-determination,” said Soleman Yogi. (*)

 

Reporter: Abeth You

Editor: Pipit Maizier

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Papua’s Manpower Office and PT Freeport Indonesia filed to the Administrative Court by LBH Papua

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Jayapura, Jubi- Legal Aid Institute (LBH) Papua represents the Branch Manager of the Federation of Indonesian Chemical and Mining Trade Union (PC FSP KEP SPSI) of Mimika Regency to file a case against the Papua Provincial Manpower and PT Freeport Indonesia to the Jayapura Administrative District Court. This lawsuit is a follow-up action following the labour strike of 8,300 PT Freeport Indonesia’s workers from 1 May 2017 to 2020.

“Law No.13 of 2003 on employment pledges the labour strike,” said the Director of LBH Papua Emanuel Gobay in the official release received by Jubi on Monday (6/7/2020).

Therefore, according to LBH Papua, the labour strike initiated by 8,2300 Freeport’s workers was legal by law. Consequently, PT Freeport Indonesia should immediately restore the workers’ rights to work and pay their outstanding wages following the recommendation of the First Examination Note.

Moreover, LBH Papua stated the Papua Provincial Manpower Office also acknowledged the strike by issuing the letter No. 560/1271 which then becomes a reference for the Papua Governor to publish the letter No 540/14807/SET, Re: Confirmation of PT Freeport Indonesia Labour Strike dated 19 December 2018.

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The letter confirmed the labour strike was under Law No 13 of 2003 Articles 139 and 140 about employment. Hence, it made the action legal by law.

“Therefore Papua Governor firmly stated that PT Freeport Indonesia, Private Contractors and Sub-contractors to re-employ the workers and pay their outstanding wages by the existing laws and regulations,” said Gobay.

However, from 16 December 2019 to another next thirty days, PT Freeport Indonesia has violated the two recommendations covered in the First Examination Note. To refer to Article 31 of the Regulation of the Indonesian Minister of Manpower No. 33 of 2016 concerning the Procedure of Labour Inspection, the Labour Inspection Division should issue the Second Examination Note after the thirty days of misconduct.

Therefore, this lawsuit reflects the interest of their client, PC FSP KEP SPSI) Mimika Regency, to urge PT Freeport Indonesia to implement the recommendation and the Labour Inspection Division to issue the Second Examination Note.

“We also ask the Chairman of Regional Parliament to review both the Manpower Office and PT Freeport Indonesia in regards to their obligation to fulfil the rights of 8,300 workers who were involved in the strike,” confirmed Gobay.

Also, Gobay asks the President of the Republic of Indonesia as well as the Minister of Manpower to protect and fulfil the rights of these workers. (*)

 

Reporter: Edi Faisol

Editor: Pipit Maizier

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