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Pacific NGOS Have Political and Bad Motives : Indonesian Delegation

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The meeting of CSOs representatif and Troika Forum - Jubi/Victor Mambor

The meeting of CSOs representatif and Troika Forum – Jubi/Victor Mambor

Jayapura, Jubi – Indonesia strongly rejects outside intervention in the country’s internal affairs and accusations of human rights violations in Papua leveled by activists and rights groups from the Pacific were politically motivated, the government  said.

The Indonesian government on Wednesday (14/9/2016) reaffirmed its strategic position in the Pacific after the recent Pacific Islands Forum Summit.
The Indonesian delegation at the summit said the Pacific region is important for Indonesia and reaffirmed that geographically and culturally Indonesia is the part of the Pacific and 11 million of 240 million of its population have the Melanesian cultural background.
In response the PIF Communiqué related to human rights violations in West Papua, the Indonesian delegation said it respects the decision taken by PIC to state the Papuan is a sensitive issue for Indonesia and not put the suggestion to send a fact finding mission to Papua in the result of the communiqué this year.
The Indonesian Delegation considered the accusation on the human rights violation in Papua from several individuals and foreign NGOs was based on the awful intention and political reason. It also affirmed that Indonesia has a credible national mechanism related to the progress and protection on the human rights.
The Indonesian Government was stated to have commitment to work together constructively with the PIF country members, and Indonesia also could become a bridge between Pacific and Asia and Indian Ocean.
On the other hand, the researcher from Abdurrahman Wahid Center (AWC) Dr. Budi Hernawan some time ago regretted the action taken by the Indonesian Government, especially the Ministry of Foreign Affairs who stated refusing to be dictated by the outsider but does not have any clear policy of bargaining.
“I think the Ministry of Foreign Affairs is likely to enjoy to use the old way by buying the voice of PNG and Fiji. The Rejection of the Ministry of Foreign Affairs on the offer of ‘fact finding team’ and dialogue by MSG, on the other hand want to show that Indonesia is refusing to be dictated to. This is the policy line of the Jokowi’s government,” said Budi who has been involved in the research and advocacy on human right issues in Papua for years.
However, he also stressed that the action taken by the ministry of foreign affairs was only to strengthen the mobilization in the Pacific. “Is it aware of consequences or not? They are also against the offer from the Presidential Staff Office (KSP) related to Special Envoy Papua, so it is not clear what they want to,” he said.
At the end, continued Budi, what happened is not a new offer for Papua but just another reactive activities. As known earlier, as long as June 2016, many civilian groups, human rights activists, human rights attorney including the Commission I of the Papua Legislative Council are pessimistic to finally rejected the investigation human rights team formed by the Indonesian Government through the Coordinating Minister of Politic, Legal, Security Affairs in last May.
“It’s the government’s team. I don’t believe it. People recruited in the team made us feel pessimistic. Moreover some cases of human rights violation in Papua are targeted to be settled within this year,” said the Secretary of Commission I Mathea Mamoyo in last June.
The team has also been rejected by the ULMWP working team at the time it was established. “This team is only a part of Jakarta scamming to avoid the questions from the international community about the implementation of the Universal Periodic Review by UN Human Rights Council, as well as to switch the opinion and to avoid the questions from the countries joined in the Pacific Islands Forum,” according to Sam Awom who represented ULMWP in Indonesia.

While the team under the Coordinating Minister of Politic, Legal and Security Affairs is suspected against the law. “I considered the Integrated Team under the Coordinating Minister of Politic, Legal and Security Affairs is against the Law No. 39 Year 1999 on human rights and the Law No. 26 Year 2000 on the human rights court. The establishment is clearly ignoring the task and duty of the National Human Rights Commission that has regulated in the Law No 39 Year 1999 on human rights and the Law No 26 Year 2000 on the human rights court,” said Yan Christian Warinussi, Papuan human rights attorney at the Papua Lawyers Club in last June. (*/rom)

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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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