Human Rights Court Mechanism and The 2014 Paniai Papua Case
I. BackgroundOn 16 April 2022, Indonesia’s Attorney General announced that they were preparing prosecution of a suspect allegedly responsible for unlawful killings in Paniai, Papua in 2014, under the ‘Human Rights Court’ mechanism (under Law No. 26/2000). This mechanism is the country’s special criminal tribunal dealing with cases of gross violations of human rights. If the case is brought before a special court under Law No. 26/2000, which is planned to be held in Makassar, South Sulawesi, the Paniai Case would be the first case tried at a Human Rights Court for 18 years. Eleven other...
Illegal arms sales, internal displacement and a ‘new approach’ in West Papua
IntroductionThis briefing looks at reports of illegal sales of weaponry by the security forces, continuing internal displacement and the military's claimed new approach. It looks especially at the reasons behind these developments, and the lack of coherent action on the part of the Government. An underlying reason for arms dealing is pervasive militarism in West Papua, where security force operations are leading to violence and causing the displacement of civilians. Arms dealing has been taking place as the security forces try to control the narrative on its role in West Papua, first...
Militarisation, Conflict and Injustice in Maybrat Regency, West Papua
Located right in the heart of the Bird’s Head Peninsula at the Northwest corner of West Papua (see Figure 1 below), Maybrat has often been hidden from the world’s view, due to its remoteness and lack of coverage. As one of the regencies that sprang up in the process of forming new administrative subdivisions (pemekaran) in 2009, Maybrat is part of the wider province of West Papua.Figure 1: Map of West Papua Province. Maybrat Regency is the landlocked green region near the centre. (Source: Monitor Keadilan)Below are some basic statistics:Area: 5,461.69 km² Population: 40,64998.65%...
Militerisasi, konflik, dan ketidakadilan di Kabupaten Maybrat, Papua Barat
Terletak persis di jantung semenanjung Kepala Burung, ujung barat daya West Papua (lihat peta di bawah), Maybrat kerap kali tersembunyi dari pengamatan karena terpencil dan kurang diberitakan. Maybrat adalah salah satu kabupaten di Provinsi Papua Barat hasil pemekaran tahun 2009. Gambar 1: Peta Provinsi Papua Barat. Kabupaten Maybrat adalah wilayah berwarna hijau di tengah, tanpa akses ke laut. (Sumber peta: Monitor Keadilan)Di bawah ini adalah sejumlah informasi umum tentang Kab. Maybrat:Luas wilayah: 5.461,69 km² Populasi: 40.649 jiwa98,65% KristenMenempati posisi tiga terendah dalam Indeks...
The Indonesian military and counter-terrorism: new business, same old ways
From the early 2000s, terrorism in Indonesia was regarded as a matter of ‘security and order’, and dealt with by the police and its militarized anti-terror unit, Densus 88. However, in 2018, legislation was amended which marked a shift in that the Indonesian military was again given a key role in countering terrorism. In 2021, this legal provision was brought into play as the main West Papuan armed resistance, the TPNPB was designated as a ‘terrorist’ organisation by the Government. The move further cements the military’s power and authority, which has been growing for twenty years, and has...
Special autonomy – big on funds, short on human rights and democracy
In 2001 the Indonesian government passed a special autonomy law relating to the governance of West Papua. After 20 years the funding arrangements contained in the law and its regulations are to be evaluated and revised. The general nature and detailed elements of this evaluation are significant for many reasons. Among the most important is that development projects in West Papua have become the preferred way of governing the territory. Special autonomy and its funding were supposed to reverse the marginalisation suffered by West Papuans, following lengthy periods of emergency military rule...
Entrenched militarism, the ‘prosperity’ approach and governance by exception in West Papua
TAPOL Briefing Entrenched militarism, the ‘prosperity’ approach and governance by exception in West Papua December 8, 2020 IntroductionSince the fall of the New Order regime (1966-1998), with one brief period of exception between 1998-2001, the power and authority of the Indonesian security forces in the region of West Papua have remained largely undiminished. We attribute this to two reasons, both of which stem from a failure to implement genuine political reform in West Papua and Indonesia more broadly. First, the power of the military and police in West Papua has remained unchecked by...
Indonesia: The New Omnibus Law
TAPOL BriefingRecent changes to Indonesian labour law: why the country's workers are protestingOctober 19, 2020On 5 October 2020, the Indonesian Parliament passed an ‘Omnibus’ law. At the time of writing, the legislation has not yet been signed into law by President Widodo and reportedly has gone through further revisions since being passed by Parliament. The draft law remains the subject of extensive street protests across Indonesia. This was met with a significant security force crackdown in response, including violence committed against demonstrators - labour and environmental activists...
Indonesia: Officers in Office
TAPOL BriefingThe proposed insertion of serving military officers into civilian government postsMarch 1, 2020IntroductionIt has been more than two decades since a process of democratic reform was initiated in Indonesia under which the military stepped back from its political role. As part of the reforms, the military were gradually removed both from legislative posts that guaranteed it political representation and also posts in Indonesia’s civilian bureaucracy. However, in 2019, the military indicated its wishes to re-insert serving military officers into the bureaucracy, in Ministries and...
Indonesia: Officers in Office
TAPOL BriefingThe proposed insertion of serving military officers into civilian government postsMarch 1, 2020IntroductionIt has been more than two decades since a process of democratic reform was initiated in Indonesia under which the military stepped back from its political role. As part of the reforms, the military were gradually removed both from legislative posts that guaranteed it political representation and also posts in Indonesia’s civilian bureaucracy. However, in 2019, the military indicated its wishes to re-insert serving military officers into the bureaucracy, in Ministries and...
Submission to Universal Periodic Review of Indonesia, third cycle (27th session)
The joint submission by TAPOL and BUK provided information on human rights in Indonesia to the Human Rights Council Universal Periodic Review in April 2017. The submission focuses on human rights issues in Papua, with a particular focus on ensuring freedom of expression in West Papua. To read the full submission please download the PDF.
Urgent Appeal - Indonesia: Killings, torture, mass arrests and excessive use of force against Papuans commemorating 1 December
Mr Maina KiaiUN Special Rapporteur on Freedom of Assembly Mr David KayeUN Special Rapporteur on Freedom of Expressioncc. Mr Zeid Ra'ad Al Hussein, UN High Commissioner for Human Rights Mr Juan Mendez, UN Special Rapporteur on torture and other cruel, degrading or inhuman treatment or punishment Ms. Victoria Tauli-Corpuz, UN Special Rapporteur on Indigenous Peoples Mr. Christof Heyns, UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Mr. Laurent Meillan, Deputy Head, OHCHR Regional Office for South East...
TAPOL calls for action on Bloody Yotefa case
Following a civil society investigation into the Bloody Yotefa case on 2 July 2014, today TAPOL called on the UN Special Procedures to intervene to ensure an independent investigation, safety of the surviving victims, justice and the right to remedy for the victims. During the incident, which occured following the death of a police officer in Yotefa Market, Abepura police carried out sweeping raids which resulted in the torture of four indigenous farmers by police and by migrant mobs with state-sanctioned complicity, as well as the arbitrary arrests and detention of forty people. While the...
UA: Arbitrary arrests, torture and killings following violence at Yotefa Market
Dear Mr MendezIndonesia: Arbitrary arrests, torture and killings following violence at Yotefa Market, AbepuraWe are writing to you on behalf of TAPOL regarding a violent incident which occurred on 2 July 2014 at Yotefa Market in Abepura, Papua, Indonesia, after a policeman was killed while attempting to break up a dice game. Police conducted a sweep of the area making 40 arbitrary arrests, opening fire on a public bus and its passengers and torturing four men. During the police sweeping three students were killed in different locations near the market place by unknown masked assailants. All...
Urgent Appeal: Stop criminal proceedings against Papuan human rights lawyer
The International Coalition for Papua (ICP) and TAPOL are writing to inform you of a case concerning the criminal investigation initiated by Papua Regional Police against prominent Papuan human rights lawyer, Gustaf Kawer. He has received two summonses under accusations of coercion and rebelliousness under Articles 211 and 212 of the Indonesian Penal Code.The criminal investigation against Mr. Kawer is based on a report filed by an administrative court judge who examined an indigenous land dispute in which Mr. Kawer’s client is a party. In a hearing held on June 12, 2014, Mr. Kawer protested...
Urgent Appeal: 2 Papuans arrested & tortured for calling for release of political prisoners
Urgent Appeal Dear Mr La RueIndonesia: Two Papuan students arrested and tortured for calling for the release of political prisonersWe are writing to you on behalf of TAPOL and the undersigned organisations regarding the violent dispersal of a demonstration in Jayapura, Papua, on 2 April 2014, and the arrest and torture of two students, Alfares Kapisa and Yali Wenda. While the students have now been released, we believe that police conduct violated the fundamental rights to freedom of expression and assembly, the right to freedom from torture, the UN Basic Principles on the Role of Lawyers and...
Urgent Appeal to Special Rapporteur on EJs: West Papuan activist poisoned to death
20 December 2013
Mr. Christof Heyns
UN Special Rapporteur on
extrajudicial, summary or arbitrary executions
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND Fax: +41 22 917 9006Dear Mr. Heyns,Re: Letter of allegation – West Papuan activist poisoned to deathHuman Rights and Peace for Papua (ICP), Fransiscans International, TAPOL, the West Papua Netzwerk (WPN) and the Asian Human Rights Commission (AHRC) are writing to inform you of a case regarding the suspicious death of Danny Kogoya, the Jayapura regional commander of the Free Papua Movement (Operasi Papua...
Urgent Appeal: freedom of expression in Papua
Urgent Appeal to Frank La Rue, UN Special Rapporteur on Freedom of ExpressionIndonesia: Killings, arrests and excessive use of force against peaceful protestors in Papua We are writing to you on behalf of TAPOL, International Coalition for Papua, Survival International, Franciscans International, West Papua Advocacy Team, East Timor and Indonesia Action Network, West Papua Action Auckland, Australia West Papua Association (Sydney), Peace Movement Aorearoa, Pacific Media Centre and Pacific Scoop in relation to the killings, arrests and excessive use of force against peaceful protestors in...
Killings, injuries and arrests of peaceful protestors: 1 May Papua commemoration
TAPOL would like to bring your attention to an urgent deterioration in the situation in Papua. The killing of Papuan activists in Sorong, the arrest of at least 30 peaceful demonstrators in Timika, Sorong, Biak, Abepura and Jayapura and the brutal treatment of demonstrators by Indonesian security forces represent a significant deterioration in the handling of 1 May commemorative events when compared with recent years.1 May 2013 was the 50th anniversary of the administrative transfer of Papua to Indonesia. While the date is always a tense one in Papua, the 50 year anniversary held particular...
Impunity: The black mark against Indonesia's democracy
Since Suharto seized power in Indonesia in October 1965, impunity has been deeply entrenched in Indonesia. Although the fall of the dictator in May 1998 led to the introduction of the basic mechanisms of democracy, it has done nothing to end the scourge of impunity.The 2009 elections have emphatically returned President Susilo Bambang Yudhoyono to power and he now has another opportunity to add more substance to the democratic transition by addressing the fundamental problem posed by the absence of accountability for serioushuman rights crimes.Impunity, which means crime without punishment,...