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General Situation and Hunan Rights Abuses in Papua at the end pf 2015

December 31, 2015

Statement by the Executive-Director of the LP3BH

29th December 2015

If it is indeed true that Ir H. Joko Widodo is about to visit the
Land of Papua as Head of State, he wlll be faced with a situation of
Human Rights Abuses committed by the State Security Forces against
the civilian population, in particular against the indigenous Papuan
people. Although it has been claimed that things would improve, they
have continued to deteriorate which throws a negative light on a
democratic state all of which can be witnessed by the international
community.

Speaking as a Lawyer and Defender of Basic Human Rights here in
the Land of Papua which became an integral part of the Republic of
Indonesia 52 years ago, I can say that during all this time that up
until the end of 2015, the Government of Indonesia has displayed no
political will to resolve the many grave human rights abuses that have
occurred against the people of the Land of Papua.

Since the Act of Free Choice occurred (according the Indonesian
version), many people, perhaps hundreds or it could even be thousands
of people, have been the victims of grave human rights abuses.across
the whole of the Land of Papua,

Yet this is simply being ignored even though the facts reveal
that this is at the very root of the problem of finding a solution to
the social-political conflict, as was made clear by the Institute of
Scholars of Indonesian (LIPI) in its book, Papua Road Map.

This has happened despite many calls by the Papuan people for a
legal resolution of a number of acts of violence all of which were
violations of Basic Human Rights here in the Land of Papua, as
confirmed by the Congress of the Papuan People which was held in
Jayapura in 2000. It was this situation that led to the enactment of
Law 21/2001 on Special Autonomy for the Province of Papua.

Articles 44 to 46 of the Special Autonomy Law for Papua provide
clear legal instructions for procedures, mechanisms and legal steps
that are needed to resolve the many cases of the basic rights
violations of the Papuan People by the State.

This is also stipulated in Law 39/1999 on Basic Human Rights and
Law 26/2000 on Human Rights Courts as a sectoral part which has
binding legitimacy.

It is for me a matter of great regret that to this day, not a
single case of alleged human rights abuses ever since the Act of Free
Choice was enacted in 1969 has been investigated and analysed so as to
be resolved in according with the law.

The Wasior Case in 2001 very clearly and factually complied with
the stipulations of Article 7, Article 8 and Article 9 of Law 26/2000
on Human Rights Courts meaning that it is still not clear whether
this is a matter for KOMNAS HAM (Commission for Basic Human Rights) or
the Attorney General of the Republic of Indonesia.

This is also the problem with an incident that occurred when a
number of students were shot on Karel Gobay Field, Enarotoli, District
of Paniai on 8 December 2014. There have been no follow-up legal
investigations about human rights abuses in order to prove that human
rights violations occurred on that occasion.

As the Executive Director of the Institute for Research,
Investigation and Development of Legal Aid (LP3BH) Manikwari, I call
upon President Joko Widodo to issue without delay a Presidential
Decision (Keppres) which grants full powers and authority to KOMNAS
HAM, for it to be able to conduct investigations and bring to justice
those responsible for grave Human Rights Violations in the Land of
Papua, including the Wasiior Case before the Human Rights Court, in
conditions that conform with the principle of upholding the law and
restoring the confidence of the International Community in Indonesia
as a state that is truly democratic.

President Joko Widodo should show respect and pay attention to
the issue of grave human rights in the Land of Papua, which appear to
be genocidal which led to the State leaders of the Pacific Islands
Forum to call for a fact-finding mission to be sent of the Land of
Papua in the near future.

I fear that the government of Jokowi is dominated by ministers,
staff members and political parties which are ultra nationalistic and
will not allow such a fact-finding mission to attend to this matter.

Such a situation can only lead to political actions being taken
by the Papuan people who are now united within the United Liberation
Movement of West Papua.to bring the issue of Papua, in particular the
genocidal grave human rights violations, to the attention of the
international community, including the Melanesian Spearhead Group and
the Pacific Islands Forum, as well as the United Nations.

Systematic human rights violations have been occurring throughout
the Land of Papua. while attention has been growing, in particular
regarding summary executions, torture, severe mal-treatment,
detentions and arrests in violation of the law as well as excessive
violations of freedom of expression and actions against pro-democracy
activists who have been raising these problems with the State in many
different ways..

There is a lengthy list of various human rights violations that
have been experienced by the indigenous Papuan people and which have
been committed by members of the security forces, the TNI (Army of
Indonesia ) and Polri (Police Force). oll of which have been occurring
continuously for the past 52 years.in the Land of Papua and which have
been getting worse.

The fact is that not a single step has been taken by anyone to
responsibly resolve these matters in accordance with the law, all of
which means that impunity has reigned supreme here in the Land of
Papua.

Peace

Yan Christian Warinussy, Executive Director of the LP3BH in the Land of Papua.

[Translated by Carmel Budiardjo, Recipient of the Right Livelihood Award, 1995]

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