Written statement for the Human Rights Council on Human Rights in Indonesia and Papua specifically



HUMAN RIGHTS COUNCIL
Fourteenth Session

Written statement submitted by the International NGO Forum on Indonesian Development (INFID) a non-governmental organization in special consultative status and IMPARSIAL


SITUATION OF HUMAN RIGHTS DEFENDERS IN INDONESIA 2009
The situation of Human Rights Defenders in 2009 is worse compared to 2008, because in 2009 many defenders were criminalized by the government.

The journalist of Radar Bali, Anak Agung Prabangsa, in February 2009 killed by the candidate of the local parliament in Bali after he wrote about corruption that allegedly done by the perpetrator .

Hendra Budian, Director of Aceh Judicial Monitoring Institute (AJMI) Banda Aceh alleged by the Office of Province Attorney Nanggroe Aceh Darrusalam as criminal by ruining glass window of the Office of the Province Attorney. Hendra is charged against article 406 Indonesia Penal Code. His case is in Banda Aceh District Court now.

On 5 Mei 2009, Constitutional Court rejected the review of the Independence Journalist Alliance on article 27 (3) Law on the Information and Electronic Transaction Nr. 11 year 2008.
On 13 May 2009, SCTV’s reporter Carlos Pardede attacked by security staff of the Bank of Indonesia. Carlos will interview Boediono, the Governor of the Bank of Indonesia, following his candidacy of the vice president of Indonesia from Democrat Party.

Chief of the Regional Police of South Sulawesi Inspector Gen. Sisno Adiwinoto sued Jupriadi Asmaradhana, a journalist in Makassar, for defamation with compensation of Rp 10,025 trillion.
The North Sulawesi Manado District Court’s verdict on 11 May 2009 said that Berry Nahdian Forqan and Erwin Usman of WALHI (Friends of the Earth) were guilty of not obeying state officials and must pay fine, after they staged peace demonstration supporting traditional fishermen.

Following the verdict of the South Jakarta District Court which on 31 December 2009 acquitted Major General Muchdi Purwopranjono, former Deputy V of State Intelligence Body, one of the accused of conspiracy who killed human rights activist Munir Said Thalib, the Supreme Court rejected the appeal of the Prosecutor in July 2009. In relation with the acquittal of Muchdi PR, he then summoned Usman Hamid – Director of the Commission on the Disappearance and Victims of Violence (KONTRAS) to the Jakarta Regional Police (Polda Metro Jaya) for defamation (article 310 and 314 Indonesia Penal Code). Muchdi also intimidated 3 HRDs related with Munir case: Suciwati (the widow of Munir), Hendardi (Director of Setara Institute) and Poengky Indarti (Managing Director of Imparsial).

In 14 October 2009, Attorney General summoned Emerson Juntho and Illian Deta Arta Sari of the Indonesian Corruption Watch (ICW) to the Indonesian Police Headquarter for defamation (article 311 and 316 of the Indonesian Penal Code). Emerson and Illian summoned after Rakyat Merdeka Newspaper published their information concerning the official audit result of the Financial Auditor Body on the Attorney General Office.

Bibit Samad Riyanto and Chandra M. Hamzah, two leaders of the Commission on Corruption Eradication (KPK) were accused of receiving bribery. The two leaders were detained on Thursday 29 October 2009 for six days, and then released on Wednesday the 3rd of November 2009 due to national wide public support. The Commission on Corruption Eradication has a good reputation, but it seems that the Indonesian Police and Attorney General uncomfortable with its action. Therefore, public saw that accusation against 2 leaders of the Corruption Eradication is a big scenario to ruin the institution.

Bambang Widodo Umar, expert on police reform also summoned by Chief of Criminal Department of the Indonesian Police with article 310 of defamation after journalist published Bambang’s opinion that candidate of the Chief of Indonesian Police must have high integrity.
 


PAPUA
Three years after the visit of Ms. Hina Jilani, situation in Papua is not improved. Security apparatuses such as police, military and intelligence officers still attack Human Rights Defenders in Papua. The Government, however, still protects the perpetrators of violation against HRD and “granted” blanket impunity . As part of Indonesia’s criminal justice system, the police, however, did not pay serious attention on violation against Human Rights Defenders. For example the murder of Opinus Tabuni of Papua Customary Council, who is killed by unknown person, allegedly military personnel, remain stagnant.

In 2009, the charge of makar (treason) still applied by the police Papua to oppress student movement. The Government uses separatist label to justify violence against HRD in Papua . It is obvious that Freedom of expression limited in Papua.

Target of violence are individual and organizations that criticizing the government’s policies, range from Cultural Council activists to religious leaders.

Markus Haluk, Secretary General of the Central Highland Students Association of Papua (AMPTPI), leader of the Papua National Consensus committee and deputy secretary of the Papua Indigenous Peoples’ Council accused as perpetrator of the series of violence during election.

Human Rights activist Sabar Olif Iwanggin of ELSHAM Papua finally acquitted by the Panel of Judges of Abepura – Jayapura District Court o the 29th of January 2009 after waiting for 12 months. The prosecutors could not prove that Iwanggin is guilty. The acquittal of Iwanggin gave a little hope that the struggle for human rights protection in Papua can win a fair trial.

Journalists in Papua still live in dangerous condition. Some of them become the target of surveillance, intimidation and attack. Odeodata Julia, journalist of Sinar Harapan newspaper, attacked by supporter of Democrat party in the public campaign of the candidate vice president of the Democratic Party in June 2009.

Catholic Priest Father Yohanes Jonga of the Diocese of Jayapura – Papua still suspected as separatist supporter by the military and become target of surveillance. In July 2009, he requested by the OPM leader in the district of Keerom - Papua to become a mediator between the OPM and the police. However, the military said that Fr. Jonga’s role to become mediator between the police and OPM is against Indonesian law.

On the 15th of January 2010, the Government announced that the book “Suara Gereja bagi Umat Tertindas (the Voice of the Church for the Oppressed People”) written by Rev. Socrates Sofyan Yoman is among 5 books that banned by the government.

Shooting incidents in Freeport Mine area that started in July 2009 seems to be continued this year, although the police already killed Kelly Kwalik on the 16th of December 2009. Since then, the military intelligence officers and the police intelligence officers as well as Kelly Kwalik’s men are looking for Yosefa Alomang . She became target of the two groups because in one side, the Indonesian security apparatuses suspicious that Yosefa is OPM supporter, but on the other side Kelly Kwalik’s men also suspicious that she is Indonesian agent.
 


Laws and bills that endangering HRD
The Government still pushed the Parliament to deliberate bills that endangering HRD, e.g. the State Secrecy Bill , the Bill on Strategic Reserve Component , and the bill on Mass Organization .

In 2008, The Government passed Law No. 18 Year 2008 on Information and Electronic Transaction, which already used to criminalize journalist, e.g. Jupriadi Asmaradana case.

On the other hand, the Government ignored many local bylaws that contradict to UN Human Rights Laws, e.g the punishment of whipping and stoning to death under the Qanun of Syariah in Aceh is against Indonesian Constitution and the Convention on Anti Torture .

Although the Government provided protection for victims and witness by passing the Law on the Victim and Witness Protection and set up an institution for victim and witness protection, however, due to lack of financial support from the Government, the agency for the victim and witness protection cannot working well. Therefore, Indonesian HRD who face serious attack or death threat has to be relocate/evacuate by private institutions (national/international NGO, donor agency) or religious institutions (e.g. churches).
 


A hope of protection
In November 2009, Imparsial submit academic draft and bill on the amendment of the Law on Human Rights number 39 year 1999 and bill on the protection of Human Rights Defender to the Legislative Council of the House of Representatives. Fortunately, the Parliament took over our initiative as Parliament initiative and listed it on the National Legislation Program 2010-2014.


Recommendation:
Based on the facts mentioned above, we urge the UN Human Rights Council to consider the following things:

  1. To urge the Government of Indonesia to harmonize the Declaration of Human Rights Defender Protection into the national law of Indonesia and to revoke all the laws, bills, bylaws and other regulations that are contradictory to the Declaration;
  2. To urge the Government of Indonesia to deliberate bill on Human Rights Defender protection;
  3. To urge the Government of Indonesia to end the impunity toward the actors of violence against HRD by legal processing all crimes committed and punishing the actors without any exceptions;
  4. To urge the Government of Indonesia to seriously take follow-up actions on the investigation of Munir case and other Indonesia HRDs cases mentioned in this report.