Kompas - December 12,
2011
Although during his 2009
election campaign President Susilo Bambang Yudhoyono pledged to uphold human
rights, the reality over the two years of his administration indicates a
different reality. Human rights violations continue to occur and are disregard
by the state.
Bi Purwantari – Yudhoyono's
campaign promises covered guarantees of freedom and human rights, justice
without discrimination, non-discriminatory politics and protecting women and
children (Institute for Human Rights Studies and Advocacy, Elsham 2010).
Instead of this, what has transpired is a continuing gloomy reality in the
field of human rights.
More than three quarters of
respondents in a survey organised by Kompas Research & Development
in 12 major Indonesian cities on December 7-9, 2011 stated that they are
dissatisfied with the human rights situation under the Yudhoyono
administration. This negative rating covers an assessment of civil, political,
economic, social and cultural rights.
In relation to civil and
political rights, respondents primarily focused on state policy in guaranteeing
citizens' rights to gain equal treatment before the law, obtain a sense of
security, and freedom of expression and protest.
On the question of freedom
of expression or protest, half of respondents said that their rights are not
guaranteed. A larger proportion of respondents (74.6 percent) moreover said
they do not have a sense of security from acts of violence committed either by
the state or fellow citizens.
Furthermore, 81.3 percent
of respondents stated that they are dissatisfied with the state's efforts to
guaranteed citizens' rights as subjects under the law. This lack of a equality
in the eyes of the law demonstrates an ironic situation, particularly because
President Yudhoyono often states that Indonesia is a constitutional state so
the law should be upheld without discrimination.
Past violations
Advancements in the
upholding of civil and political rights can also be assessed in terms of how a
regime resolves cases of past human rights violations. According to almost 90
percent of respondents, the Yudhoyono administration has failed to deal with
cases of past human rights violations. There have been almost no meaningful
advances in the case of the 13 activists abducted in 1998, the shooting of
students at the Trisakti campus and Semanggi in 1998 along with other cases of
violence that have claimed lives in other parts of the country such as Papua.
Data collected by the
Setara Institute for Democracy and Peace shows that the violence committed in
Wasior in 2011 and Wimena (West Papua) in 2003 has yet to be fully
investigated. Ongoing cases of violence occurring in the operational area of
the PT Freeport Indonesia mine in West Papua also add to the public's pessimism
about the Yudhoyono administration's protection of the Papuan people's right to
life.
The neglect of past cases of
human rights violations can be categorised as a state crime that will continue
until there is information on or an acknowledgement of the fate and whereabouts
of the victims.
Economic and social
rights
Similar to the situation
with regard to civil and political rights, economic, social and cultural rights
represent basic rights that the state is obliged to fulfill in order to ensure
that the dignity and welfare of citizens are protected. Included in this is the
right to employment, a place to live and a reasonable education. In the
public's eyes, the fulfillment of these rights by the state is still far from
their expectations.
In the case of the right to
employment for example, more than two thirds of respondents stated that their
right to obtain reasonable employment is not yet protected by the state. The
legalisation of contract labour systems or outsourcing is evidence that
workers' rights remain unprotected. The plain fact is that 87.3 percent of
respondents in this survey stated that the state does not protect workers from
contract labour systems and does not provide a guarantee of adequate welfare.
Even more saddening is the
death sentences handed down against Indonesian migrant workers in Saudi Arabia
and Malaysia. Migrant Care data shows that as of October 2011 twenty-six
migrant workers have been sentenced to death in Saudi Arabia. Other than
glorifying migrant workers as "foreign exchange heroes", the state
continues to disregard their protection overseas. It is this issue that generated
a negative assessment by 92.2 percent of respondents in this survey with regard
to the Yudhoyono administration's performance in protecting migrant workers.
In many cases, the
resolution of human rights violations relies on the existence of state
institutions, such as the National Human Rights Commission (Komnas HAM). The
principal task of this institution, which was formed in 1993, is to investigate
cases of human rights violations, and it has become an institution that is
relied upon to uncover these violations. The institution's limited authority
however has resulted in Komnas HAM's investigations often ending up as just
recommendations on paper. Cases of human rights violations uncovered by Komnas
HAM are also unable to be taken before the courts. As a consequence, the right
of victims to obtain justice has not been realised.
It is in this context that
the public believes that institutions such as Komnas HAM have been unable to
resolve cases of human rights violations. More than half of respondents stated
that they are dissatisfied with Komnas HAM's performance in this regard.
Apparently the public will still have to fight in order to win their basic
rights. (Litbang Kompas)
[Jajak
Pendapat: Menagih Janji Jaminan HAM - Kompas. Rabu, 14 Desember 2011.
Translated by James Balowski.]
Monday, December 12, 2011
There have been no rights violations under Yudhoyono's watch: Minister
Detik News - December
12, 2011
"What is clear is that
there is a genuine and serious will to find a solution to all [past
violations]. But the key thing I need to convey is that during the era of our
current president's leadership there have been no human rights
violations", said Syamsuddin after attending a National Human Rights
Commission (Komnas HAM) workshop at the vice president's office on Jl. Medan
Merdeka Selatan in Central Jakarta on Saturday December 12.
According to Syamsuddin the government is in the process of finding a formulation and model to resolve outstanding past human rights violation and their prevention.
"What exists no is looking at the numbers that aren’t too massive, also doing it out through personal approaches. This has already been conveyed but the means has indeed not been publicised", he said. "Be sure that before 2014, there will be good news for us all with regard to the efforts that are being made by the government, we are resolving them", he continued.
Syamsuddin was reluctant to be pinned down on providing justice to victims of past human rights violations.
"We want to take care of them although one by one but still paying attention to the principle that we are offering something as remuneration for those whose rights have been taken away. But the concrete form is up to God's will, soon we will publicise it", he explained. (aan/gah)
[Menkum HAM: Di Era Kepempimpinan SBY Tidak Ada Pelanggaran HAM - detikNews. Sabtu, 10/12/2011. Translated by James Balowski.]
Ramadhian
Fadillah, Jakarta – Justice and Human Rights Minister Amir Syamsuddin says that
during the era of President Susilo Bambang Yudhoyono's (SBY) leadership there
have been no human rights violations. On past human rights violations, the
government is the process of finding a solution.
According to Syamsuddin the government is in the process of finding a formulation and model to resolve outstanding past human rights violation and their prevention.
"What exists no is looking at the numbers that aren’t too massive, also doing it out through personal approaches. This has already been conveyed but the means has indeed not been publicised", he said. "Be sure that before 2014, there will be good news for us all with regard to the efforts that are being made by the government, we are resolving them", he continued.
Syamsuddin was reluctant to be pinned down on providing justice to victims of past human rights violations.
"We want to take care of them although one by one but still paying attention to the principle that we are offering something as remuneration for those whose rights have been taken away. But the concrete form is up to God's will, soon we will publicise it", he explained. (aan/gah)
[Menkum HAM: Di Era Kepempimpinan SBY Tidak Ada Pelanggaran HAM - detikNews. Sabtu, 10/12/2011. Translated by James Balowski.]
Thursday, December 1, 2011
Student protesters in Jakarta say Papuan independence a 'historical fact'
Tribune News - December
1, 2011
"The declaration of
West Papuan independence was clearly embodied on December 1, 1961, this is a
historical fact, and this was then confirmed by the Third Papuan People's
Congress on October 17-19, 2011. So clearly we are already independent",
said action coordinator Melki in a speech.
Melki also took the opportunity to explain that on this commemoration of 50 years of the independence of the Papuan nation, the Jakarta-Bali Papuan Society and Students are making the following political demands:
1. We demand that the United Nations (UNTEA, the United Nations Temporary Executive Authority), the United States, Holland and Indonesia immediately recognise the independence of the West Papuan nation on December 1.
2. The date December 1, 2011 is the commemoration of the anniversary of 50 years of independence of the West Papuan nation.
3. Return the sovereignty of the West Papuan nation that was recognised by Sukarno through the Trikora on December 19, 1961 at the North Square Yogyakarta.
Notes:
After the Dutch announced the formation of a Nieuw Guinea Raad on April 1961, with the intention of creating an independent Papuan state, Indonesia's founding President Sukarno declared military confrontation in his Tri Komando Rakjat (TRIKORA, Triple Commands of the People) speech in Yogyakarta, on 19 December 1961.
[Mahasiswa Papua Sampaikan Tiga Sikap Politik di Depan Istana - Tribunnews.com. Kamis, 1 Desember 2011. Translated by James Balowski.]
Edwin
Firdaus, Jakarta – Hundreds of students originating from Papua held a protest
action in front of the State Palace in Central Jakarta on Thursday December 1,
again calling for Papuan independence.
Melki also took the opportunity to explain that on this commemoration of 50 years of the independence of the Papuan nation, the Jakarta-Bali Papuan Society and Students are making the following political demands:
1. We demand that the United Nations (UNTEA, the United Nations Temporary Executive Authority), the United States, Holland and Indonesia immediately recognise the independence of the West Papuan nation on December 1.
2. The date December 1, 2011 is the commemoration of the anniversary of 50 years of independence of the West Papuan nation.
3. Return the sovereignty of the West Papuan nation that was recognised by Sukarno through the Trikora on December 19, 1961 at the North Square Yogyakarta.
Notes:
After the Dutch announced the formation of a Nieuw Guinea Raad on April 1961, with the intention of creating an independent Papuan state, Indonesia's founding President Sukarno declared military confrontation in his Tri Komando Rakjat (TRIKORA, Triple Commands of the People) speech in Yogyakarta, on 19 December 1961.
[Mahasiswa Papua Sampaikan Tiga Sikap Politik di Depan Istana - Tribunnews.com. Kamis, 1 Desember 2011. Translated by James Balowski.]
Papuan protesters in Jakarta demand recognition of Papuan independence
Viva News - December 1,
2011
In speeches the protesters
also called for an immediate investigation into the mysterious shootings and
murders that have been committed in Papua. "We also want to be free from
military violence in the land of Papua", said one of the speakers.
During the action, some of the protesters wore koteka (penis gourds). Although there was no flying of the Moring Star flag, some of the demonstrators painted their bodies with symbols of the Free Papua Organisation (OPM).
The protesters also unfurled banners with messages such as "Papuan people's anti-militarism solidarity" and "End military violence in Papua". The OPM's Morning Star flag was also printed in leaflets.
After giving speeches in front of the Hotel Indonesia traffic circle, the demonstrators then moved off intending to march to the nearby State Palace.
However according to the head of the Hotel Indonesia traffic circle police post, Deputy Police Commissioner M. Nababan, the demonstrators disbanded before they reached the Palace. "Our information is that the protesters have disbanded, we deployed many as 20 police officers to guard [the action], however before reaching the Palace, the protesters disbanded by themselves", said Nababan.
On December 1, 1961, fifty years ago, Papua which was then called West New Guinea declared its independence. On May 1, 1963 West Irian was integrated into the Unitary State of the Republic of Indonesia (NKRI) though a mechanism that was seen as legitimate in the eyes of the international community.
After an agreement in New York, the West Iran people's right to determine their own future was enacted though a UN sponsored referendum on West Papua's integration with Indonesia (Pepera) that took place between July 14 and August 12, 1969.
The result of the Pepera was that West Irian would remain part of Indonesia and not separate from the NKRI. This was upheld by the 24th United Nations General Assembly through Resolution 2504 dated November 19, 1969. (eh)
[Demo Papua di DKI Bawa Atribut Bintang Kejora - VIVAnews. Kamis, 1 Desember 2011. Translated by James Balowski.]
Elin Yunita
Kristanti and Luqman Rimadi – Around 80 people calling themselves the
Jakarta-Bali Papuan Society and Students held a protest action in Central
Jakarta today demanding that the United Nations (UNTEA, United Nations
Temporary Executive Authority), the United States, Holland and Indonesia
immediately recognise West Papuan independence on December 1.
During the action, some of the protesters wore koteka (penis gourds). Although there was no flying of the Moring Star flag, some of the demonstrators painted their bodies with symbols of the Free Papua Organisation (OPM).
The protesters also unfurled banners with messages such as "Papuan people's anti-militarism solidarity" and "End military violence in Papua". The OPM's Morning Star flag was also printed in leaflets.
After giving speeches in front of the Hotel Indonesia traffic circle, the demonstrators then moved off intending to march to the nearby State Palace.
However according to the head of the Hotel Indonesia traffic circle police post, Deputy Police Commissioner M. Nababan, the demonstrators disbanded before they reached the Palace. "Our information is that the protesters have disbanded, we deployed many as 20 police officers to guard [the action], however before reaching the Palace, the protesters disbanded by themselves", said Nababan.
On December 1, 1961, fifty years ago, Papua which was then called West New Guinea declared its independence. On May 1, 1963 West Irian was integrated into the Unitary State of the Republic of Indonesia (NKRI) though a mechanism that was seen as legitimate in the eyes of the international community.
After an agreement in New York, the West Iran people's right to determine their own future was enacted though a UN sponsored referendum on West Papua's integration with Indonesia (Pepera) that took place between July 14 and August 12, 1969.
The result of the Pepera was that West Irian would remain part of Indonesia and not separate from the NKRI. This was upheld by the 24th United Nations General Assembly through Resolution 2504 dated November 19, 1969. (eh)
[Demo Papua di DKI Bawa Atribut Bintang Kejora - VIVAnews. Kamis, 1 Desember 2011. Translated by James Balowski.]
Papuans in Yogyakarta call for referendum, independence from Indonesia
Okezone - December 1,
2011
They called on the
Indonesian government to acknowledge West Papua Independence day on December 1.
"The aspirations of our sisters and brothers in Papua are that they want independence. The government could substantiate this by holding a referendum for the West Papuan people", said Papuan student activist Martinus on Thursday December 1.
Martinus explained that the Papuan people's demands are for the restoration of their dignity, self-respect and ideology that has been stolen by the Indonesian government since 1961.
"The Papuan people don't want the cheap kinds of things offered by the NKRI (the Unitary State of the Republic of Indonesia) government such as the implementation of special autonomy in Papuan, peace negotiations, national dialogue or whatever else they like to call it", he explained.
"What the Papuan people want is a dignified dialogue between the Papuan people and the Indonesian government for the purpose of restoring the dignity and self-respect of the Papuan people", he said.
Martinus also called on the Indonesian government to withdraw the organic and non-organic military personnel that are still in Papua. They also demanded an end to all forms of violence against the Papuan people.
In addition to the demands made on the Indonesian government, they also said the United Nations must take responsibility for restoring Papuan independence. Martinus asserted that legal instruments such the Perpera 1961, which gave birth to the 1969 UN sponsored referendum on West Papua's integration with Indonesia, were in fact an insult to the rights of the Papuan people to determine their own future.
Although the action only continued for around an hour, police and intelligence personnel from the TNI (Indonesian military) were spread around the area where the demonstration was being held. After holding the protest in front of the dormitory, the students continued the action inside.
Police and TNI personnel wearing civilian clothing were prohibited from entering the dormitory and only journalists will special identity cards were allowed to enter.
Although situation started to become tense the chief of the Yogyakarta municipal police, Senior Commissioner Mustaqim held a dialogue and in the end the Papuan students promised they would not do anything to disrupt security outside of the dormitory.
Inside the dormitory, although the Papuan students did not fly the Morning Star flag, the symbol of the OPM, they did wear OPM symbols such as head bands. Some even wore Papuan traditional clothing (penis gourds) complete with bows and arrows.
In press release distributed by the students, it asserted that the participants of the demonstration no longer want Papua to be part of NKRI, but want independence instead. (kem)
[Warga Papua Minta Pemerintah Akui Harlah OPM – Okezone. Kamis, 1 Desember 2011. Translated by James Balowski.]
Prabowo,
Yogyakarta – Students and people from Papua in the Central Java city of
Yogyakarta commemorated 50 years of the Free Papua Organisation (OPM) in front
of the Papua dormitory on Jl. Kusumanegara, Umbulharjo.
"The aspirations of our sisters and brothers in Papua are that they want independence. The government could substantiate this by holding a referendum for the West Papuan people", said Papuan student activist Martinus on Thursday December 1.
Martinus explained that the Papuan people's demands are for the restoration of their dignity, self-respect and ideology that has been stolen by the Indonesian government since 1961.
"The Papuan people don't want the cheap kinds of things offered by the NKRI (the Unitary State of the Republic of Indonesia) government such as the implementation of special autonomy in Papuan, peace negotiations, national dialogue or whatever else they like to call it", he explained.
"What the Papuan people want is a dignified dialogue between the Papuan people and the Indonesian government for the purpose of restoring the dignity and self-respect of the Papuan people", he said.
Martinus also called on the Indonesian government to withdraw the organic and non-organic military personnel that are still in Papua. They also demanded an end to all forms of violence against the Papuan people.
In addition to the demands made on the Indonesian government, they also said the United Nations must take responsibility for restoring Papuan independence. Martinus asserted that legal instruments such the Perpera 1961, which gave birth to the 1969 UN sponsored referendum on West Papua's integration with Indonesia, were in fact an insult to the rights of the Papuan people to determine their own future.
Although the action only continued for around an hour, police and intelligence personnel from the TNI (Indonesian military) were spread around the area where the demonstration was being held. After holding the protest in front of the dormitory, the students continued the action inside.
Police and TNI personnel wearing civilian clothing were prohibited from entering the dormitory and only journalists will special identity cards were allowed to enter.
Although situation started to become tense the chief of the Yogyakarta municipal police, Senior Commissioner Mustaqim held a dialogue and in the end the Papuan students promised they would not do anything to disrupt security outside of the dormitory.
Inside the dormitory, although the Papuan students did not fly the Morning Star flag, the symbol of the OPM, they did wear OPM symbols such as head bands. Some even wore Papuan traditional clothing (penis gourds) complete with bows and arrows.
In press release distributed by the students, it asserted that the participants of the demonstration no longer want Papua to be part of NKRI, but want independence instead. (kem)
[Warga Papua Minta Pemerintah Akui Harlah OPM – Okezone. Kamis, 1 Desember 2011. Translated by James Balowski.]
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