Pacific Media Centre Newsdesk

The Asian Human Rights Commission (AHRC) has called for more action about the health crisis facing Asmat regency in Indonesian-ruled Papua.

The commission has blamed the Indonesian government “for this considerable loss of life”.

“The current efforts to address the problem are simply too little, too late,” it said in a statement from Hongkong.

So far, 68 children have died from measles and serious malnutrition in Asmat.

As reported by national media in Indonesia, the measles and malnutrition epidemic has affected 11 districts of Asmat regency: Swator, Aswi, Akat, Fayit, Pulau Tiga, Kolf Branza, Jetsy, Pantai Kasuari, Safan, Unirsarau, and Siret.

“Being the most remote areas of Asmat regency, victims in these districts have faced serious difficulties in obtaining access to medical facilities,” the AHRC statement said.

“Even in the regency’s capital, Agats, the Agats General Hospital (RSUD) is not equipped to deal with all the patients of measles and malnutrition.”

Patients in church
A category D hospital with limited facilities, paramedics and doctors, the hospital at present needed more medicine due to limited stock, and due to limited space, some patients have been hospitalised in the nearest church building, the AHRC statement said.

This circumstance showed how Papua had been left behind in terms of health facilities, infrastructure and development.

In Jakarta, Java island or other islands such as Sumatra and Bali, there were numerous public and private hospitals of type B and A, easy to access, the statement said.

Papua mostly has public hospitals of type D, especially in remote areas. There is a category A hospital in Jayapura city, the capital of Papua, but it is quite far from Agats and to reach Jayapura from Agats is not easy due to the lack of infrastructure.

“This situation clearly highlights how neither the central government of Indonesia in Jakarta, nor the local government in Papua province and Asmat regency have been able to develop an early warning system to prevent measles and malnutrition.”

The AHRC said it was concerned that the epidemic could easily spread to other places in Papua, particularly in remote areas lacking in health facilities.

Since Papua was integrated into the Republic of Indonesia in 1969, Papua has remained the poorest and least developed province.

Citizens’ rights
As a state party to the International Covenant on Economic, Social and Cultural Rights, Indonesia was obligated to:

• ensure its citizens’ rights to be free from hunger;
• address the prevention, treatment and control of epidemic, endemic, occupational and other diseases; and
• create conditions which would assure medical attention to all.

Similarly, national laws such as Law No. 36 of 2009 guaranteed the right to equal health access for all citizens, the AHRC said.

The commission said it viewed the current lack of health access and facilities in Papua – and the deaths of 68 children – as a clear violation of the Indonesian government’s responsibility towards its citizens.

“By not developing equal health care in Papua, the government is to blame for this considerable loss of life. The current efforts to address the problem are simply too little, too late,” the statement said.

The AHRC said the government should immediately announce a health emergency in Papua and open access for medical aid, including international medical support. It should also allow access to the media to ensure accountability and to monitor the eradication of the epidemic.

The government also needed an affirmative action policy to boost development of health access in Papua.

Priority for Papua
The assistance from the central government should not merely be limited to eradicating disease in Asmat regency, but should ensure that remote areas in Papua received priority in development of health access, facilities and infrastructure, the statement said.

The National Commission on Human Rights (Komnas HAM), the Minister of Health and Ombudsman of Republic of Indonesia, the House of Representatives, in particular Commission IX which concerns health, food and medicines, should take initiatives to monitor, evaluate and ensure the implementation of such policies, the AHRC said.

Local government should also open access for NGOs and media to monitor the recovery and development in remote areas.

The AHRC also urged the government to comprehensively ensure that all children, including pregnant mothers in Papua, particularly in Asmat regency, were given enough nutrition, food, and vaccines to prevent disease.

• More West Papua articles

The Asian Human Rights Commission (AHRC) has condemned the unlawful deprivation of liberty of Papuans which has has been happening frequently lately.

The AHRC has learned that the Indonesian Security Forces have been using excessive force and flaunting their authority to illegally arrest indigenous Papuans.

They are simply exercising their rights to freedom of expression and opinion and peaceful assembly, the watchdog agency said in a statement.

For instance, take the case which took place on August 20, 2017. Police officers of the Fak-Fak police station (Polres Fak-Fak) arbitrarily arrested 24 indigenous Papuans, said AHRC.

They are members of the National Committee for West Papua (KNPB). The AHRC was informed that they were illegally arrested because they were registered to attend a meeting organised by KNPB in Fak-Fak Regency, West Papua province.

Previously, the AHRC had noted some similar cases faced by members of KNPB Papua.

Yanto Waine, a member of the National Committee for West Papua (KNPB), was illegally detained in the Nabire police station (Polres Nabire) after distributing leaflets to the public.

Students arbitrarily arrested
Twenty nine student activists, mostly Papuan students, were arbitrarily arrested in Yogyakarta province. An additional 32 student activists in Jakarta and 46 student activists in Semarang were also arbitrarily detained.

Considering the massive unlawful deprivation of liberty against indigenous Papuans, the AHRC said it strongly recommended that the government “re-evaluate its policy and the behaviour of its Security Forces”.

The government should ensure that there was no policy in practice that clearly violated or went against the International Covenant on Civil and Political Rights (ICCPR). Indonesia became a state party to this covenant by enacting Law No.12 of 2005.

Article 19 of the ICCPR states:

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice.

3. The exercise of the rights provided for in paragraph 2 of this Article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security, public order, and public health or morals.

Freedom of assembly
Moreover, the Indonesian Constitution 1945 (UUD 1945) clearly guarantees such rights.

Article 28 of the Constitution states: “the freedom to associate and to assemble, to express written and oral opinions, etc., shall be regulated by law.” Further, Article 28 paragraph E states: “Every person shall have the right to the freedom to associate, to assemble and to express opinions.”

Under the Constitution, Indonesia, Law No. 39 of 1999 on Human Rights. Article 24 paragraph 1 states: “Everyone has the right to peaceful assembly and association.” Article 6 paragraph 1, relating to indigenous People states: “In the interests of upholding human rights, the differences and needs of Indigenous Peoples must be taken into consideration and protected by the Law, the Public and the Government.”

“Let us look into the cases of human rights violations, in particular massive unlawful deprivation of liberty in Papua. It has been proven that the government has failed to ensure that the Security Forces obey and respect the above-mentioned rights,” the AHRC statement said.

“Even security forces violate the Indonesian Criminal Procedure (KUHAP), which regulates steps and requirements of arrest and detention.

“The government should be aware that extreme restrictions against the right to freedom of opinion, expression and also peaceful assembly, should be conducted based on the Law. It is the National Law which regulates such restrictions and they should not violate or go against the ICCPR itself.”

The AHRC said as outlined in General Comments of the ICCPR No. 35 paragraph 12 “An arrest or detention may be authorised by domestic law and nonetheless be arbitrary. The notion of ‘arbitrariness’ is not to be equated with ‘against the law’. It must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law, as well as elements of reasonableness, necessity and proportionality.”

‘End stigmatisation’
The AHRC called for the Indonesian government to stop any patterns and forms of unlawful deprivation of liberty against indigenous Papuans.

“The right to freedom of expression, opinion and peaceful assembly must be protected and respected,” the AHRC statement said.

“Furthermore, the Indonesian Security Forces should not subjectively interpret the Law and put an end to the stigmatisation that all political activities conducted by Papuans are crimes. The AHRC urges the government to release all those persons arrested with no criminal charges laid against them.”

• Other West Papua stories

Since President Widodo’s inauguration on 20 October 2014, there were considerable expectations for improvement in Indonesia’s human rights situation, particularly in Papua and West Papua.

President Widodo was believed to have a strong commitment to addressing the various human rights violations in Papua, providing remedies for victims and families, and evaluating the presence of security forces in the province.

Over a year of his presidency however, has neither resolved any of the past human rights violations, nor seen any adequate remedy and guarantee for non recurrence given to the victims.

Law No. 21 of 2001 on special autonomy for Papua and West Papua province has yet to bring benefits to local indigenous Papuans. Similarly, government development of public infrastructure has an economic and business orientation rather than benefits for the local community.

The government’s attempts to boost international investment to Papua and West Papua will likely see an increase in migration to the provinces from elsewhere in Indonesia, further fuelling local discontent.

Police involved
Furthermore, criminal justice institutions in the provinces do not function to address human rights problems.

The police are frequently involved in various human rights violations in the two provinces, and the accountability mechanism has failed to address this problem.

The Paniai case of 8 December 2014, where four indigenous Papuan children were shot to death, two adults seriously injured, and 17 others injured (AHRC-UAC-089-2015) is an indicative example of the brutality faced by Papuans, as well as the lack of any effective investigation or remedies.

Other cases that have also not been investigated and prosecuted under President Widodo’s administration include the case of a member of the Air Force heavily maltreating 22-year-old Amsal Marandof (AHRC-UAC-143-2015), the case of arbitrary arrest and torture of three indigenous Papuans on 27 August 2015 (AHRC-UAC-003-2016), and the case of the shooting and brutal attack on 10 indigenous Papuan youth conducted by police officers of Tigi Police Sector (AHRC-UAC-090-2015).

The AHRC has also observed the Indonesian government’s lack of willingness to deal with past human rights abuses in Papua and West Papua provinces.

The investigation report of the National Commission on Human Rights (Komnas HAM) on the gross violations in Wasior Wamena Papua (2001 and 2003), for instance, has been sitting with the Attorney General for the past eight years, without any action taken by that office.

In the allegations of genocide in the Central High Lands of Papua from 1977-1978 as well, although the AHRC submitted a report to Komnas HAM, as of yet there is no progress in the investigation.

While Komnas HAM initiated establishing a team in November 2015 to audit human rights violations beginning from the integration of Papua to the Republic of Indonesia until the case of Tolikara (AHRC-UAC-106-2015, AHRC-UAU-002-2016), since then there has been no clear information on the team’s existence or work.

Recently, a government initiative under the Coordinator Minister of Politic and Security (Menkopolhukam), Luhut Binsar Panjaitan, was announced, to establish a special team dealing with human rights violations in Papua and West Papua provinces.

Initiative rejected
Local human rights groups however, have largely rejected the initiative, saying that representative indigenous Papuans in the team are not genuinely representing indigenous Papuans on the ground.

In fact, the initiative is typical of the government process to suddenly establish a team without proper consultation and discussion with Papuans on the ground.

The government tends to simplify the problems in Papua, and its economic and infrastructure perspective on Papua does not seriously take into consideration the history of human rights violations occurring from the time of integration to the present.

The AHRC therefore calls for President Joko Widodo and his administration to take serious and comprehensive steps to deal with the various human rights problems facing Papua and West Papua provinces.

The government should stop seeking political benefits in dealing with the provinces, and focus on improving the situation of the local communities.

In particular, the government must guarantee protection of local indigenous Papuans, local human rights defenders and journalists, and consistently open Papua and West Papua to international monitors to ensure the progress of resolution.

• Asian Human Rights Commission

The protesters came from various Papua districts, to support the United Liberation Movement for West Papua (ULMWP) becoming a full member of the Melanesian Spearhead Group (MSG), a regional forum in the Pacific.

Moreover, the protesters also gathered to commemorate integration of Papua into the Republic of Indonesia, on 1 May 1963, though the integration remains a questioned one for many indigenous Papuans.

Under President Joko Widodo, the human rights situation in Papua and West Papua provinces has yet to show any progress, the AHRC said in a statement.

Fundamental problems remain, such as lack of law enforcement, and the lack of accountability amongst security forces. In the last one year, the AHRC reported and documented several cases in Papua, for instance the excessive force being used on April 5.

Then there is the case on torture against three indigenous Papuans, which occurred on 27 August 2015. Not only in Papua, local indigenous Papuans were also arrested when they were involved in and conducted peaceful protests in Jakarta, as reported by Just Asia AHRC TV episode 101.

Despite the protesters being released after their being interrogated by the police, circumstances have proven that the government has yet to change its policy on Papua. The government’s commitment to solve problems in Papua peacefully, through dialogue, has never been formally admitted or followed.

Civil society initiatives
Dialogue initiatives are usually organised by civil society organisations and churches.

Under President Widodo’s administration, the government has tended to prioritise the development of public infrastructure to boost either national or international investments in Papua. However, such a policy does not really bring benefit for local indigenous.

It benefits non-indigenous Papuans who have been living in Papua for many years. Furthermore, the development of public infrastructure in Papua will potentially trigger other problems, such as land grabbing and the migration of more people from outside the Papua.

Considering the situation in Papua, the AHRC calls upon the government of Indonesia, to consider the following:

1. The government must prove its commitment to solve human rights problems in Papua and ensure protection for local indigenous Papuans without any discrimination and extreme restriction;
2. the government of Indonesia, as a member of the Human Rights Council, and having already ratified several key international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR), must ensure its policy is in line with the covenant; and
3. the government must stop judicial harassment against local indigenous people, and show its commitment and seriousness to establishing peaceful dialogue without undue delay.

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