INDONESIA: Torture is still big homework for Indonesia

The Asian Human Rights Commission (AHRC) supports Indonesian civil society organisations to promote the eradication of torture. The organisations consist of the Sekretariat RFP (Aliansi Masyarakat Sipil untuk Reformasi Kepolisian), the LBH Masyarakat (LBHM), the Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) and the Komisi untuk Orang Hilang dan Korban Tindak Kekerasan (KontraS).

June 26 is an important moment for the international community to commemorate the United Nations International Day in Support of Victims of Torture. This warning began with the formation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture [CAT]) which came into force on 26 June 1987 for all Member Countries. The enactment of the CAT is the main instrument in the struggle to prevent the practice of torture and to respect human dignity.

Indonesia is one of the Member States that has ratified the CAT through Law Number 5 of 1998, exactly 25 years ago on 28 September 1998. However, the practice of torture and cruel punishments still occurs in the law enforcement cycle in Indonesia. Based on the findings of the YLBHI and LBH Jakarta, from 2013-2022, there were at least 58 victims of torture by members of the Police, 25 of whom were victims of wrongful arrest or wrongful conviction and six who were children. From these findings, all the actors or perpetrators were members of the Police. In 2022-2023, the YLBHI and LBH recorded 46 cases of torture with a total of 294 victims. Meanwhile, during 2020-2023, there were 24 victims of extrajudicial killings in detention handled by the legal aid offices. These extrajudicial killings all occurred by means of torture, most of which were carried out by members of the Police. 

Apart from that, from the documentation carried out by the LBHM in three Detention Centres (Rutan) in the DKI Jakarta area in the January-May 2024 period, there were 35 (three women and 32 men) out of a total of 204 detainees who admitted to being tortured. As many as 15 of the 35 detainees who admitted to having experienced torture were suspected of being involved in narcotics cases, and the remaining 20 were suspected of committing general crimes (as regulated in the Criminal Code). The torture cases occurred during the Police investigation stage. This data is a small part of the darkness of the criminal justice system, especially at the Police level, which has minimal supervision and intervention from the civil society.

Meanwhile, the Commission for the Disappeared and Victims of Violence (KontraS) throughout the June 2023 – May 2024 period also documented 60 cases of torture and cruel punishment related practices spread across Indonesia. During this period, KontraS again noted that the Police was an institution that was consistently the dominant actor in various cases of torture which occurred with 40 cases, followed by the Indonesian National Army (Army, Navy and Air Force) with 14 events; and the Warden or Correctional Institution Officer with six cases. The increasing number of torture cases based on KontraS monitoring data from the previous year (2023) shows that the culture of violence in various State institutions is still a problem that must be resolved thoroughly. This ongoing practice is caused by the absence of an adequate legal system and legal culture to prevent and eliminate all forms of torture related practices.

The Government’s steps in ratifying the CAT were not accompanied by the establishment of more rigid regulations at the national level. In fact, to date, Indonesia has not yet ratified the Optional Protocol to the CAT which actually shows the Government’s compromised attitude and disregard for the act of torture itself. 

On the other hand, it took more than 20 years to accommodate acts of torture as a criminal offense in Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). 

Articles 529 and 530 actually contain elements of acts of torture that are almost similar to the CAT. However, the threat of punishment given to officials who commit acts of torture is not rational enough. Article 529 carries a maximum prison sentence of four years, while Article 530 is a maximum of seven years. This is very different when compared to criminal acts of abuse – where acts are carried out by ordinary civilians – with variations in prison sentences from six months to 15 years, and can even be made worse by qualifying certain actions (Articles 466 to 471 of the New Criminal Code). 

Apart from that, there are also many other power related practices that are equivalent to torture but may be excluded from these torture related Articles. One example is the death penalty which is part of a type of punishment that degrades human dignity. Based on data from the Institute for Criminal Justice Reform (ICJR), as of 19 October 2023, there were at least 509 people on death row in Indonesia. The majority of the cases on death row were for narcotics, namely 351 people (69%). Apart from being a type of punishment that demeans human dignity, the waiting line phenomenon is also a form of torture that causes great psychological suffering because they continue to live in endless terror over the threat of death which could occur at any time.

Regulations in Indonesia still have a number of problems in the formal or procedural legal aspects of the criminal justice system, especially at the Police level. The freedom to carry out detention for 60 days opens up room for torture. A new torture test mechanism can be proposed after coercive measures are taken when someone has the status of a suspect or defendant. As the starting point for the operation of the criminal justice system, the Police actually has enormous authority without optimal supervision. Internal and external monitoring institutions (Propam and the National Police Commission [Kompolnas]) often become tools of impunity for perpetrators of precision related jargon. 

This condition is exacerbated by the discourse to revise Law Number 2 of 2002 concerning the Police of the Republic of Indonesia (RUU Polri), the substance of which actually expands the authority of the Police in invading human rights without clear control and supervision. Torture and cruel punishment should not be underestimated. The Government needs to take serious steps to prevent repeated acts of torture and create a law enforcement climate that relies on human rights based principles.

Based on the above, we encourage the Government and the law enforcement officials to:

  1. The Government and the House of Representative (DPR RI) must immediately ratify the Optional Protocol to the CAT;
  2. The Government and the DPR RI must immediately revise or amend the Criminal Procedure Code, specifically regarding control and testing mechanisms for the authority of law enforcement officials, as well as for the reparation for victims of acts of torture;
  3. The Government and the DPR RI must immediately stop discussing the National Police Bill which threatens democracy and human rights. The revision of the Police Law of the Republic of Indonesia should be carried out comprehensively, not carried out behind closed doors and ignoring the meaningful participation of citizens. The Bill needs to be directed at institutional and system reform that ensures that the National Police becomes a professional, transparent and accountable institution through a humanist approach, rather than strengthening the character of militarism with large powers of repression but without supervision;
  4. In order to effectively prevent the practice of torture, institutions that are the dominant perpetrators, such as the National Police, the National Military (TNI), correctional institutions and prison guards, must improve and develop preventive and anticipatory steps in order to reduce the number of torture cases in their respective institutions. These various institutions can build intensive collaboration with various external supervisory institutions to encourage public accountability;
  5. There must be an improvement in the supervision and law enforcement system that is impartial, transparent and fair to perpetrators of torture, whether in the National Police, the TNI, correctional institutions or other institutions so that there is no impunity for the perpetrators and the practice of torture does not continue to be repeated.

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The Asian Human Rights Commission (AHRC) works towards the radical rethinking and fundamental redesigning of justice institutions in order to protect and promote human rights in Asia. Established in 1984, the Hong Kong based organisation is a Laureate of the Right Livelihood Award, 2014. 

Read this Statement online

Papua asks seven districts to carry out open defecation-free program  

June 23, 2024 21:03 GMT+700

Jayapura, Papua (ANTARA) – The Government of Papua Province asked seven districts in the province to immediately implement the open defecation free program to reach the target of 100 percent elimination by the end of 2024.

“The seven districts are Jayapura, Keerom, Sarmi, Waropen, Yapen Islands, Mamberamo Raya, and Supiori,” Papua Governor’s Expert Staff for Community and Human Development Daniel R Senis said here on Sunday.

According to him, the only regions in Papua that have reached 100 percent elimination of open defecation are Biak Numfor District and Jayapura City.

Related news: BKKBN attributes stunting prevalence to living environment quality

“Open defecation cannot be taken lightly because it is a serious problem that has a detrimental impact on the environment, and has the potential to transmit disease germs such as diarrhea, typhoid, dysentery, and cholera,” he said.

He explained that children who frequently have those diseases will have their growth and development disrupted and ultimately this can result in stunting and even death.

“For that reason, we are encouraging the seven districts to immediately reach the target of 100 percent open defecation elimination in villages because this is in line with the mandate of sustainable development goals,” Senis said.

Meanwhile, UNICEF Indonesia’s Chief Field Office of Papua Aminuddin Ramdan stated that his office will continue to support the government in promoting the importance of good sanitation in villages to handle stunting.

Stunting reduction is a priority program of the Indonesian government, which is seeking to bring down stunting prevalence to 14 percent this year.

“Sanitation also has many relations with other diseases such as polio, whose transmission occurs through feces,” he said.

He noted that based on data, there are 500 villages in Papua that are not yet free from open defecation.

Related news: Mayors should use CSR funds for MCKs: Jakarta acting governor

Translator: Qadri Pratiwi, Raka Adji
Editor: Rahmad Nasution

From social media to the Supreme Court: The battle to save Papua’s forests

The recent slogan “All Eyes on Papua” emerged in response to the viral “All Eyes on Rafah” campaign on Instagram. Indigenous communities and the youth in Papua hope that this movement will foster real solidarity with Papuan issues. The first post, shared more than three million times, called for support for the Awyu people in Boven Digoel, who are battling deforestation caused by the palm oil company PT Indo Asiana Lestari.

The fight for customary land

The Awyu tribe is striving to protect 36,094 hectares of customary land from palm oil expansion. The campaign, initially focused on agrarian conflicts, has now broadened to address issues such as education, health, hunger, and armed conflicts in Papua. These issues have led to numerous deaths and displacements over the decades.Hendrikus Franky Woro, a representative of the Awyu Tribe, has become a central figure in this movement, despite not using social media. He recently expressed gratitude for the support from netizens and emphasized the tribe’s reliance on the Supreme Court to fairly resolve their lawsuit against PT Indo Asiana Lestari.

Broader socio-political issues

The campaign gained traction after the Awyu representatives held a protest in front of the Supreme Court office in Jakarta on 27 May 2024. They performed traditional dances and chants, displaying posters with messages like “Save Papua’s Customary Forests” and “Papua is Not Empty Land.”The “All Eyes on Papua” slogan went viral shortly after this protest. The campaign was bolstered by public figures, including Indonesian national footballer Sandy Walsh, and it drew significant attention to the extensive deforestation in Papua, documented by Yayasan Pusaka Bentala Rakyat. This deforestation, notably in Boven Digoel, threatens the livelihoods and heritage of indigenous communities.The movement has highlighted not only environmental but also socio-political issues in Papua. Campaigners, such as Greenpeace’s Sekar Banjaran Aji, stress the importance of public support in pressuring the Supreme Court to protect the forests. The campaign also seeks to raise awareness about the broader challenges faced by indigenous Papuans, including economic, health, and human rights issues.

Government response and criticism

The Indonesian government has responded with mixed signals. Presidential special staff Billy Mambrasar claimed to have recommended a review of the company permits to President Joko Widodo. However, this claim was questioned by researchers and activists who pointed out the government’s historical neglect of indigenous rights and environmental concerns.The United Liberation Movement for West Papua (ULMWP) criticised the Indonesian government for ignoring long-standing conflicts and human rights abuses in Papua while condemning international conflicts like those in Palestine. They argue that the Indonesian government’s approach has resulted in slow-motion genocide, ethnocide, and ecocide in Papua.

The legal battle continues

The legal battle for the Awyu and Moi tribes continues, with hopes pinned on the Supreme Court’s upcoming decision. Despite setbacks in lower courts, the tribes remain determined to defend their customary lands. Their struggle represents not only a fight for environmental justice but also a broader call for recognition and protection of indigenous rights in Indonesia.The “All Eyes on Papua” campaign serves as a powerful reminder of the ongoing struggles in Papua and the urgent need for solidarity and action to protect the region’s people and environment. The movement urges the public to educate themselves about Papuan issues and support the indigenous communities’ efforts to secure their rights and heritage.

Papua’s Customary Forests Are Threatened with Disappearance by the Expansion of the Palm Oil Industry

All Eyes On Papua, the solidarity movement to save customary forests in Cenderawasih continues to resonate  

byRedaksi Asiatoday

June 3, 2024

in SCIENCE AND ENVIRONMENT

Reading Time: 3 mins read

ASIATODAY.ID, JAKARTA – The social media scene in Indonesia in the last few days has been filled with uploads of posters reading “All Eyes on Papua”.  This poster has been widely uploaded by residents as a form of support for the Papuan indigenous people, especially the Awyu and Moi tribes who are struggling to defend their customary forests.

This is because the customary forest, which has been a source of livelihood for the Awyu tribe in Boven Digoel, South Papua, and the Moi tribe in Sorong, West Papua, is at risk of being lost due to the expansion of the palm oil industry which is clearing land in Bumi Cenderawasih.

The “All Eyes on Papua” campaign has increasingly come into the public spotlight and gained momentum after environmental fighters from the Awyu and Moi tribes staged a protest at the Supreme Court, Jakarta, on Monday, May 27 2024.

Based on official information from the Coalition to Save Papua Customary Forests published on the official Greenpeace Indonesia website, the Awyu tribe and Moi tribe communities are both involved in legal action against the local government and palm oil companies to defend their customary forests. Both lawsuits have now reached the cassation stage at the Supreme Court.

An environmental fighter from the Awyu tribe, Hendrikus Woro, sued the Papua Provincial Government for issuing an environmental feasibility permit for PT IAL.

PT IAL has an environmental permit covering an area of ​​36,094 hectares, or more than half the area of ​​Jakarta City, and is located in the traditional forest of the Woro clan – part of the Awyu tribe.

However, Hendrikus’ lawsuit failed in the first and second instance courts. Now, the cassation at the Supreme Court is his remaining hope to defend the customary forest which has been his ancestral heritage and support the Woro clan for generations.

Apart from the PT IAL case’s cassation, a number of Awyu indigenous communities are also filing an cassation against the lawsuit of PT Kartika Cipta Pratama and PT Megakarya Jaya Raya, two palm oil companies which have also expanded and will expand in Boven Digoel. PT KCP and PT MJR, which previously lost at the Jakarta PTUN, filed an appeal and were won by a judge at the Jakarta State Administrative High Court (PTUN).

“We have been tormented for quite a long time by the existence of palm oil plans in our traditional territory. We want to raise our children through natural products. Palm oil will destroy our forests, we reject it,” said Rikarda Maa, an Awyu traditional woman.

The Moi Sigin sub-tribe is fighting against PT SAS which will clear 18,160 hectares of Moi Sigin customary forest for oil palm plantations. PT SAS previously held a concession of 40 thousand hectares in Sorong Regency.

In 2022, the central government will revoke PT SAS’s forest area release permit, followed by the revocation of business permits. Not accepting this decision, PT SAS sued the government at the Jakarta PTUN.

Representatives of the Moi Sigin indigenous community also fought back by submitting themselves as intervention defendants at the Jakarta PTUN in December 2023. After the judge rejected the lawsuit in early January, the Moi Sigin indigenous community filed an appeal to the Supreme Court on May 3 2024.

“I urge the Supreme Court to provide legal justice for us indigenous peoples. The customary forest is where we hunt and gather sago. The forest is a pharmacy for us. Our needs are all in the forest. If our traditional forests disappear, where else will we go?” said Fiktor Klafiu, a representative of the Moi Sigin indigenous community who was the defendant in the intervention.

According to the Coalition to Save Papuan Traditional Forests, the existence of oil palm plantations is said to destroy forests which are a source of livelihood, food, water, medicine, culture and knowledge for the Awyu and Moi indigenous communities. This forest is also a habitat for endemic Papuan flora and fauna, as well as storing large carbon reserves.

It is feared that palm oil plantation operations will trigger deforestation which will release 25 million tonnes of CO2e into the atmosphere, exacerbating the impact of the climate crisis in the country.

“The panel of judges needs to prioritize aspects of environmental and climate justice, the impacts of which will not only be felt by the Awyu and Moi tribes but also other Indonesian people,” said Tigor Hutapea, a member of the legal team for the Awyu and Moi tribes from Pusaka Bentala Rakyat.

Greenpeace Indonesia Forest Campaigner, Sekar Banjaran Aji, said that the struggle of the Awyu and Moi tribes was an honorable effort for the sake of customary forests, for the lives of their children and grandchildren today and in the future, and indirectly all of us.

“We invite the public to support the struggle of the Awyu and Moi tribes and speak out about saving Papua’s forests which are our stronghold in facing the climate crisis.” (AT Network)

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AWPA condemns latest military operation in West Papua. Over 5000 villagers flee

AWPA condemns the latest Indonesian security force operation in in the Bibida District, Paniai Regency which has resulted in more than 5,000 people  from 15 villages in Bibida and Paniai  fleeing their villages.

Joe Collins of AWPA said, “this number is added to the already large number of IDPs in the highlands who have fled their villages in the past few years because of the ongoing conflict ” .

Human Rights Monitor (HRM) in its June update reported that there are “over 76,919 people in West Papua, mainly  indigenous Papuans, who remain internally displaced due to the armed conflict in the region.   https://humanrightsmonitor.org/news/idp-update-june-2024-urgent-call-for-humanitarian-access-to-conflict-areas/

Suara Papua media  reported (15 June) that Kugapa and Ugidimi villages in Bibida district, Paniai regency were  reported to be empty  since Friday afternoon (14/6/2024) as residents had fled to other places that are considered safe. https://suarapapua.com/2024/06/15/warga-bibida-mengungsi-ke-pastoran-madi-pemuda-katolik-desak-penanganan-cepat/#google_vignette

According to a HRM report only elderly people who could no longer walk and sick people remained in the villages. 

 A number of villagers fled in fear  to  the Madi Holy Cross Parish Church because the security forces were pursuing  a TPNPB OPM group after  a taxi driver was killed by the TPNPB according to the military on the Enarotali-Bibida road, in Kopo village.  

HRM report from   information received from local sources, that the “security forces entered the Bibida District with ten trucks around 8.00 am and began searching houses. The operation was accompanied by four helicopters circulating over Bibida. One of them reportedly released multiple shootings during the raid causing thousands of people from the villages Bibida, Dama-Dama, Kolaitaka, Kugaisiga, Odiyai, Tuwakotu, and Ugidimi to flee their homes. In the Paniai Timur Districts, people from the villages Amougi, Timida, Kopo, Wouye Butu, Uwibutu, Madi, Ipakiye, and Pugotadi (see table below). https://humanrightsmonitor.org/news/security-force-operation-in-districts-bibida-and-paniai-timur-more-than-5000-indigenous-moni-and-me-people-flee-their-homes/

Joe Collins said, “it’s a pity that the only mainstream media reports on the Indonesian security force operations are those in the Indonesian media with the usual statements from military spokespersons such as 

“The TNI personnel continue to restore security, law and order in Bibida following their success in reclaiming the sub-district area from the Undius Kogoya-led insurgents on Friday, June 14”,

“The success of TNI soldiers in shooting two OPM people has reduced the strength of the OPM, which, of course, has a positive impact on maintaining security and stability for the smooth process of accelerating development in Papua,” Lt. Gen. Richard Tampubolon remarked.

And in an  Antara News report,  Armed Papuan rebels use civilians as human shields: TNI officer. https://en.antaranews.com/news/316266/armed-papuan-rebels-use-civilians-as-human-shields-tni-officer

Collins said “statements so similar to military statements in other conflicts  that there must be a conflict 101 lesson for military spokespersons”.

Local organisations such as the Catholic Youth have asked for the important role of the Paniai district government to quickly resolve the situation in Bibida so that a peaceful atmosphere can be restored, so that residents can return to their hometowns.

Hopefully, the Australian Government will also urge the Indonesian Government to stop using a military approach to every incident in Papua as all it does is increase  the loss of life and create even more internal refugees”.

Ends.

Photos below from Suara Papua report

Security force operation in districts Bibida and Paniai Timur – more than 5,000 Indigenous Moni and Me people flee their homes

CasesHuman Rights News / IndonesiaWest Papua / 17 June 2024 

A security force raid in the Bibida District, Paniai Regency, has caused the internal displacement of an estimated more than 5,000 persons from 15 villages in Bibida and Paniai Timur District on 14 June 2024. Only elderly people who could no longer walk and sick people reportedly stayed.  Churches have seized operations in the affected villages. Simultaneously, joint police and military forces established checkpoints and controlled passing vehicles in Enarolati town and Madi Village on 12 June 2024.

The districts Bibida and Paniai Timur are inhabited by the indigenous Moni and Me tribes. People fled their houses in fear of the security force operations and armed violence between the West Papua National Liberation Army (TPNPB) and Indonesian security forces. The operation was launched after TPNPB members shot dead a civilian Non-Papuan in the Kopo Village, Paniai Timur District, on 11 June 2024.

According to information from local sources, security forces entered the Bibida District with ten trucks around 8.00 am and began searching houses. The operation was accompanied by four helicopters circulating over Bibida. One of them reportedly released multiple shootings during the raid causing thousands of people from the villages Bibida, Dama-Dama, Kolaitaka, Kugaisiga, Odiyai, Tuwakotu, and Ugidimi to flee their homes. In the Paniai Timur Districts, people from the villages Amougi, Timida, Kopo, Wouye Butu, Uwibutu, Madi, Ipakiye, and Pugotadi (see table below)……….

https://humanrightsmonitor.org/news/security-force-operation-in-districts-bibida-and-paniai-timur-more-than-5000-indigenous-moni-and-me-people-flee-their-homes

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Four killed, hundreds flee as Indonesian military battles Papuan fighters

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https://www.benarnews.org/english/news/pacific/hundreds-flee-four-killed-papua-fighting-06192024025101.html

Hundreds of residents in Indonesia’s restive Papua region have sought shelter in a church after clashes between security forces and West Papua independence fighters left two insurgents, a soldier and a civilian dead.

Fighting flared in Paniai regency in Central Papua province after the West Papua National Liberation Army (TPNPB), part of the Free Papua Movement (OPM), burned a public minivan and killed its driver last week, the military said in a statement.

Two-hundred-and-fifty civilians fled the latest clash, the military said, but a local human rights activist told BenarNews at least twice the number have sought refuge.

As at last October, 76,228 refugees from the ongoing conflict were displaced in the Papuan provinces, the Papua Legal Aid Institute has reported, from a total population of 5.6 million people.

The violent conflict in the western half of New Guinea island is estimated to have cost hundreds-of-thousand of mainly Papuan lives since the 1960s, with the Indonesian government and independence groups accusing each other of serious human rights abuses.

Military forces pursued the TPNPB into the Bibida district of Paniai on Friday, resulting in a deadly firefight on Monday that killed two combatants, according to military spokesperson Lt. Col. Yogi Nugroho.

Residents of Bibida district requested assistance from security forces to temporarily relocate to Madi Church in the neighboring East Paniai district, he said.

“The people of Bibida have never accepted the presence of the OPM in their area due to their arbitrary actions and cruel acts, such as forcibly taking crops, livestock, and even some young girls,” Yogi told BenarNews.

TPNPB spokesperson Sebby Sambom has denied the group committed any criminal acts in Bibida that led to the displacement of residents.

“That’s not true. That’s the Indonesian military and police propaganda,” he told BenarNews.

A human rights and church activist in Papua, Yones Douw, accused the presence of government troops in Bibida of fueling fear among Papuans and causing them to flee.

Douw also said the number of displaced residents was 574, not 250 as stated by the military.

“I asked the people of Bibida directly, and they said that it was not true. They [TPNPB] have never stolen crops, and they have never killed livestock,” Douw told BenarNews, adding they usually bought local produce from residents.

“The TPNPB-OPM allowed them to evacuate because Bibida would be used as a battleground,” he added.

Yogi said according to security forces’ observations, insurgents seeking to destabilize Bibida had taken positions in the forest and nearby regions.

“Therefore, if there are people moving into the Bibida forest, they can be confirmed as sympathizers or members of the OPM,” he said.

Security forces on Friday retook Bibida, which had been under TPNPB-OPM control, Yogi said.

One of the slain Liberation Army members was identified as Danis Murib, a deserter from the Indonesian military who had abandoned his post in April.

“Yes, he was a former active member of the Indonesian military who joined the TPNPB four months ago,” Sambom told BenarNews.

On Saturday, the TPNPB shot dead a government soldier, identified as Hendrik Fonataba, in the neighboring Puncak regency, Yogi said.

In 1963, Indonesian forces invaded Papua – like Indonesia, a former Dutch colony – and annexed the region.

Papua was incorporated into Indonesia in 1969 after a United Nations-sponsored referendum, which locals and activists have decried as a sham because it involved only about 1,000 people. However, the U.N. accepted the result endorsing Jakarta’s rule.

The Indonesian Defense Ministry said last month it had requested a bigger budget to buy high-tech weapons that can “detect or retaliate” against Papuan groups who know the region’s terrain better. 

Human rights activists criticized the ministry proposal, arguing it would escalate violence and lead to more civilians being caught in the crossfire in the mineral-rich but underdeveloped region.

TNI distributes food parcels for Highland Papua’s Batas Batu residents 

June 23, 2024 22:29 GMT+700


Jakarta (ANTARA) – The Indonesian Armed Forces (TNI) on Sunday has distributed food parcels to residents of Batas Batu Sub-district in Nduga, Highland Papua, in an effort to nurture relations with them.

The community service was carried out by TNI’s Para Raider Infantry Batallion 503/Mayangkara Kostrad task force officers operating under the command of the Habema Operational Command amidst its patrol mission in Batu Batas, according to a press statement.

“The ‘Blessed Sunday’ service carried out by the 503 Task Force in Batas Batu Sub-district is part of TNI’s mission to implement inclusive social communication to accelerate Papua development,” TNI’s Habema Operational Commander Brigadier General Lucky Avianto stated.

During the “Blessed Sunday” community service, officers visited several villages along their patrol route in Batas Batu and distributed food parcels to residents.

The brigadier general explained that the community service was carried out by officers from Batas Batu Post of the infantry battalion led by its commandant, First Lieutenant Galih Nugroho.

The activity provided a medium to promote positive interaction between the military and locals, especially as officers were warmly welcomed by residents they met, he added.

Avianto informed that the community service for Batas Batu residents was carried out according to Presidential Instruction No. 9 of 2020 on Acceleration of Welfare Development in Papua, which mandated the military to engage with local figures and strategic groups to promote local development.

It is also in line with the soft-power strategy devised by TNI Commander General Agus Subiyanto in addressing Papua issues.

Over the past few years, armed Papuan groups have time and again employed hit-and-run tactics against Indonesian security personnel and mounted acts of terror against civilians in the districts of Intan Jaya, Nduga, and Puncak.

In response, the military and the police set up the Habema Operational Command earlier this year to optimize joint security operations in Papua to prevent local conflicts and neutralize the threats of armed Papuan insurgents.

Related news: TNI provides healthcare services for Central Papua’s Bilogai villagers
Related news: Army providing free healthcare services to native Papuans in Kimaam

Reporter: Nabil Ihsan
Editor: Rahmad Nasution

Sugarcane megaproject poses latest threat to Papua’s forests, communities

by Hans Nicholas JongSarjan Lahay on 19 June 2024

  • Activists have warned of wide-ranging environmental and social impacts from a plan to establish 2 million hectares (nearly 5 million acres) of sugarcane plantations in Merauke district, in Indonesia’s Papua region.
  • The plan calls for deforesting an area six times the size of Jakarta, even as the government touts the green credentials of the project in the form of the bioethanol that it plans to produce from the sugar.
  • Activists have also warned that the project risks becoming yet another land grab that deprives Indigenous Papuans of their customary lands and rights without fair compensation.
  • They add the warning signs are all there, including close parallels to similarly ambitious projects that failed, the alleged involvement of palm oil firms, and government insistences that this richly forested region of Indonesia doesn’t have much forest left.

JAKARTA — The Indonesian government plans to establish 2 million hectares, or nearly 5 million acres, of sugarcane plantations in the eastern region of Papua, home to the last great expanse of rainforest in Southeast Asia.

The country’s investment minister, Bahlil Lahadalia, said the land, spanning an area 30 times the size of Jakarta, was available in Merauke district. He denied that this biodiverse landscape constituted “natural forest,” and justified clearing it in the interest of weaning Indonesia off sugar imports entirely by 2027. The government also has plans to develop cane-derived bioethanol as part of its transition away from fossil fuels.

“Our country is one of the world’s largest in size. But [when] sugar price increases, we always import. We keep importing [sugar],” Bahlil said in Jakarta on April 29.

Bahlil leads a task force formed by President Joko Widodo to allocate land for the project and streamline the licensing process for interested companies. To date, five consortiums, consisting of Indonesian and foreign companies, are confirmed to be participating in the 130 trillion rupiah ($7.9 billion) project, with roles ranging from developing sugarcane plantations and processing mills, to building the power plants to run them.

One of the first orders of business is to rezone 419,000 hectares ( million acres) of forested area, six times the size of Jakarta, into non-forest area, thereby allowing it to be deforested — legally. In South Papua province alone, this amounts to 25,654 hectares (63,392 acres) of intact forest that’s been approved for clearing, according to Auriga Nusantara, an environmental NGO.

“These 25,654 hectares of natural forests are likely to disappear because the areas have been rezoned,” said Auriga campaigner Hilman Afif.

The large-scale deforestation to make way for sugarcane plantations will be at the expense of wildlife habitat and biodiversity, said Dini Hardiani Has, a forest management lecturer at Satya Terra Bhinneka University in North Sumatra. Papua’s rainforests are also among the most biodiverse on Earth, home to at least 20,000 plant, 602 bird, 125 mammal and 223 reptile species.

“Species which need vast habitats to migrate, look for food and mate will be affected,” Dini said. “The wildlife will also compete [with each other for food] if their habitats are shrinking.”

‘Consent’ in the presence of security forces

Activists have also raised concerns about the impact on Indigenous Papuans, many of whom remain highly dependent on forests for their livelihoods, and who, as a group, have often been sidelined from consultation on development projects. This is expected to be the case with the sugarcane project too, given that it’s been designated a project of strategic national importance, which under Indonesian law gives the government eminent domain rights to evict entire communities, including Indigenous groups.

Franky Samperante, director of the Pusaka Foundation, an NGO that works with Indigenous peoples in Papua, said the Indigenous communities should be involved in the decision-making process, and not just notified after the fact.

He said that while some of the companies in the participating consortiums had begun negotiating with Indigenous communities over the land acquisition process in 2023, they were accompanied by security forces — an intimidating sign in a region where the Indonesian state has for decades maintained a heavy military and police presence ostensibly to combat a low-level insurgency.

This means that even if the communities agreed at these meetings to sell or lease their lands for the project, they did so without their free, prior and informed consent (FPIC), Franky said. As such, he added, there’s the potential that this project, like many others before it, is displacing Indigenous peoples from their lands and robbing them of their rights.

Petrus Kaize, a member of the Kaize clan in Merauke, told local media that his people were among those that hadn’t struck an agreement with the developers of the sugarcane project. In 2012, a company approached the clan and offered them 2 billion rupiah ($214,000 at the time), he said. Petrus described this payment as a form of tali asih, a local term used to show goodwill, rather than the actual payment for the lease of the clan’s lands.

“At that time, there were verbal discussions [about the lease of the lands with the company], but there’s no written agreement yet,” Petrus told local media.

Bahlil said the government and the project developers would ensure the protection of the Indigenous peoples’ rights, including their FPIC and fair compensation rights. He also said they would benefit from the plantations through the profit-sharing scheme known as plasma, in which a fifth of the plantation area would be allocated to community smallholders. These farmers would receive training and support from the plantation companies, which would also buy their harvests at a guaranteed price.

But the plasma promise is just that — a promise — according to Greenpeace Indonesia forest campaigner Nicodemus Wamafma, citing the long history of the scheme’s failure to benefit communities.

Despite the plasma scheme being mandatory for plantation companies operating in Indonesia, a 2022 investigation by Mongabay, BBC News and The Gecko Project revealed that numerous palm oil companies are stiffing local communities in plasma schemes throughout Indonesia. The investigation estimated that Indonesian villagers are losing out on hundreds of millions of dollars each year because palm oil producers are failing to comply with the plasma scheme, with villagers not receiving the profits they were promised and falling deeper into debt.

That means there’s no guarantee the plasma scheme will work as intended in the sugarcane project, Nicodemus said.

“Indigenous peoples in Merauke aren’t used to work that requires intensive labor, including managing sugarcane plantations,” he told local media.

The choice of sugarcane rather than food crops that are native to Papua also underscores the government’s lack of consideration for the rights and cultures of Indigenous peoples in the planning of the project, said Primus Peuki, director of the Papuan chapter of the Indonesian Forum for the Environment (Walhi).

“Why should it be sugarcane? The tribes of Marind, Mandobo and Awyu [in South Papua] don’t eat sugarcane. They eat sago. They still live with nature, hunting [in the forests] and fishing in the rivers,” he told local media.

Blueprint for a failed project

Then there’s the question of whether the sugarcane project will turn into yet another boondoggle like many before it. Merauke district was the site of a similar megaproject, the Merauke Integrated Food and Energy Estate (MIFEE), initiated by Widodo’s predecessor, Susilo Bambang Yudhoyono, in 2011 to turn the district into the “future breadbasket of Indonesia.”

The MIFEE project was earmarked for rice and sugarcane plantations to shore up national food security — the same justifications being touted by Widodo administration officials today. But within just three years of the project’s launch, most of the concessions granted by the government were planted with commodity crops meant for export, such as oil palm and pulpwood, belying the claim that the estate would boost domestic supplies of food crops. Permits issued for sugarcane plantations in the MIFEE site were instead planted with oil palms.

Besides being used as cover to establish oil palm and pulpwood plantations, the MIFEE project also became a “textbook land grab,” activists say. Under the project, companies acquired large swaths of customary lands without FPIC and without providing adequate compensation to communities.

Activists also blamed the project for the more than 11,000 fire hotspots detected there in 2015 as a result of burning to clear vegetation — a common practice in the palm oil industry in Sumatra and Borneo.

The failure of the MIFEE should have sent the government a clear message to not force large-scale plantation projects in Papua, Nicodemus said.

“Previous food estate projects run by the government have proven to fail and cause unmitigated disasters, like the mega rice project [in Borneo], the MIFEE, and the cassava food estate project [in Borneo],” he said.

However, Bahlil, the investment minister, blamed the failure of the MIFEE project on the fact that its developers planted seeds unsuited to the soil in Merauke. He said the government had learned from past mistakes and wouldn’t repeat them again.

He also labelled those who critics the sugarcane project as being anti-development.

“There are groups or other countries that don’t want Indonesia to develop. Do you know how many sugars do we import? 5 tons,” Bahlil said during a press conferenceon June 7. “What will this country become if there are people who already protest [us] anytime we want to develop something for our own needs?”

The long shadow of palm oil

Activists say it’s doubtful lessons are being learned, citing the palm oil affiliations of at least one of the companies now involved in the Merauke sugarcane project, and the fact that the seeds being planted now still aren’t native to Papua.

PT Global Papua Abadi (GPA) is one of the companies that’s already started planting seeds on its concession in Merauke. The seeds in question were imported from Australia and will take an estimated 11 months to grow to maturity. GPA ultimately plans to produce 2.6 million metric tons of sugar per year.

The company, established in 2012, had approached the Indigenous Marind tribe in Merauke as early as 2014, according to a 2022 report on the sugarcane industry in eastern Indonesia by the NGO EcoNusa. Official notary act shows that the majority of GPA’s shares (99.9%) are owned by a company called PT Mega Makmur Semesta, which in turn is owned by individuals identified as Sulaidy and Hui Tin.

Sulaidy has been linked multiple times to the billionaire Fangiono family, which owns one of the world’s largest palm oil producers, First Resources. A recent investigation published by The Gecko Project, a London-based investigative journalism outlet, found corporate records that pointed to a string of long-running connections between Sulaidy and the Fangionos.

GPA’s notary act also listed an individual identified as Angelia B. Sudirman as the only director of the company. Franky of Pusaka said Angelia is believed to be a member of the Fangiono family.

This indicates that GPA might be a part of First Resources, which has a history of clearing rainforests for oil palm plantations, he said.

First Resources has been linked to plantation company PT Ciliandry Anky Abadi (CAA), which cleared orangutan habitat in Central Kalimantan, a province on the island of Borneo. CAA’s subsidiaries also allegedly cleared hundreds of hectares of rainforests in the district of Sorong in Southwest Papua province in 2022.

In 2023, CAA was the single biggest palm oil deforester in Indonesia, clearing 2,302 hectares (5,688 acres) across its concessions, according to an analysis by technology consultancy TheTreeMap.

In a statement in 2018, First Resources denied having links to CAA, saying the company is not a subsidiary, associated company, or related party of First Resources, and that First Resources doesn’t have any financial or operational relationship with CAA.

However, Franky said First Resources’ long history of alleged ties to deforesting palm oil operators should have prompted the government to be more cautious about involving GPA in the sugarcane project.

“The government should be more diligent and evaluate the companies [involved] because they  don’t obey [environmental standards],” he said.

Responding to the allegations, First Resources said it had no affiliations with GPA.

“First Resources’ principal activities are within the palm oil sector, with operations across Riau, East Kalimantan, and West Kalimantan provinces of Indonesia. We would like to clarify that PT Global Papua Abadi is not a subsidiary of and has no relations with First Resources,” the company told Mongabay.

‘No forests to clear’

Deforestation for government programs like the Merauke sugarcane project is part of the larger “food estate” project announced by President Widodo in 2020, where large-scale forest clearing is legitimized under the cover of strategic national importance.

Among the “food hubs” designated under the project are the Papuan districts of Merauke, Mappi and Boven Digoel, where a combined 2.7 million hectares (6.7 million acres) — an area almost the size of Belgium — of land has been identified as potential plantation areas.

The purported strategic importance of the food estate project essentially means that any deforestation for the sugarcane plantations in Merauke will have been designed and legitimized by the government, according to Anggi Putra Prayoga, a campaign manager at watchdog group Forest Watch Indonesia (FWI).

“Natural forests in Papua are deliberately destroyed to be converted into plantations, including sugarcane,” he said.

Furthermore, the sugarcane project and the food estate program are also further legitimized by being included in the government’s emission reduction strategy and climate policies, as the crops they produce will be also used as energy, such as bioethanol in the case of sugarcane, Anggi said.

I Getut Ketut Astawa, a deputy at the National Food Agency, said the government would mitigate the environmental impact of the sugarcane project by avoiding forested areas as much as possible. However, Bahlil, denied there was much natural forest left in Merauke, and that the sugarcane project’s environmental impact would thus be minimal.

“There’s no [natural forests] that we will clear,” Bahlil said. “In fact, the establishment of sugarcane [plantations] will create drainage to improve the environment. Unless, there’s still merbau trees, natural timbers and big vegetations. But there’s no such things [in Merauke]. So I think there’s no problem [of deforestation].”

Yet the fact is that Papua is home to 38% of Indonesia’s remaining rainforests, the largest in the country, and the third-largest swath of continuous tropical rainforest on Earth, after the Amazon and the Congo Basin. This amounts to 33.8 million hectares (83.5 million acres) of forests, an area the size of Florida.

Unlike the forests of Sumatra and Borneo, which have been largely depleted by the same industrial agricultural forces now eyeing Papua, the latter’s forests have remained largely intact due to its remoteness; the region’s largest city, Jayapura, is two time zones and more than five hours by plane from Jakarta. Furthermore, a dearth of infrastructure such as roads, electricity, telecommunications and piped water have long rendered the region the least developed and most impoverished in Indonesia.

Astawa said initiatives like the sugarcane project aim to address this. “The challenge lies in the distance [between Merauke and other parts of Indonesia],” he told Mongabay. “If there are already factories there, then [the supply chain] will be integrated. We just need to strengthen the distribution [to the rest of Indonesia].”

Understanding the Caledonian crisis

On Friday June 7, 2024, several hundred people demonstrated in front of the French Embassy in Vanuatu regarding the situation in New Caledonia. France understands and respects the legitimate concerns of the people of Vanuatu regarding the situation in New Caledonia. In this article, I would like to respond to the demands expressed in the petition that the president of the Malvatumauri, who led the march, submitted to us on June 7.

Firstly, decolonisation cannot be reduced to independence. As the relevant resolutions of the United Nations Organisation (UN) (res. 1541 and 2625) remind us, decolonisation is first and foremost self-determination: it means letting the people choose what they prefer, and this can be the creation of an independent state, integration with an independent state, free association or any other formula chosen by the people. They alone must decide what they wish to do with their future.

And this is precisely what the French State has been accompanying in New Caledonia for the past 36 years: securing a process of self-determination, the organisation and the conduct of which have been commended by the United Nations Decolonisation Committee called C24, and two auditing reports.

In 1998, the Nouméa Accord – negotiated between pro and anti-independence parties – provided for a high degree of autonomy for New Caledonia, with gradual and irreversible transfers of powers to establish shared sovereignty. The Accord was adopted by popular consultation in New Caledonia with 72 % of positive votes. As provided for by the Accord, the State organised up to three self-determination referendums, if the previous ones had not resulted in a pro-independence vote.

The process provided voters with repeated occasions to cast their ballots, and political stakeholders to act (the local Congress was the one responsible to call for the organisation of the 2nd and 3rd referendums). Repeatedly, a majority of New Caledonians on a special electoral roll opposed independence: 56.67% of voters in 2018 (with a 81.01% turnout), 53.26% in 2020 (with a 85.69% turnout), and 96.50% in 2021 (with a 43.87% turnout). Votes were organised in the presence of the United Nations.

In accordance with democratic principles and the constant will of the people, who have been consulted three times since 2018, and who have therefore been able to exercise their right to self-determination, New Caledonia remains part of France.

Today, as a result of the decolonisation process engaged in 1988, New-Caledonia enjoys a high degree of autonomy, with the local Government and the provinces having all powers except those of a sovereign nature (defense, security, currency, for instance) and those they have not asked to be transferred (rules governing the administration of local authorities, higher education and research, audiovisual communication).

Secondly, what can one say to those who claim that the process described above is invalid because the last referendum was partially boycotted? Boycotting the referendum was the choice of the independentist parties, but it does not invalidate the referendum.

The legitimacy of this vote has not been called into question by the UN and the independentist parties participated to the general elections organised right after.

Thirdly, what can one say to those who believe that the process described above is invalid because only the Kanaks should have taken part, as the only legitimate people? That the 1998 Nouméa Accord – which was signed by all stakeholders, including the pro-independence parties – establishes the existence of a dual legitimacy: not only that of the Kanak people as the first occupants, whose identity and cultural heritage have been recognised and promoted, but also that of other communities “who live in the territory [and] have acquired, through their participation in the building of New Caledonia, a legitimacy to live there and to continue to contribute to its development. They are essential to its social equilibrium and to the functioning of its economy and social institutions”. This is an important point: it means that, together with the Kanaks (41.2% of the population according to the 2019 census), not only Europeans (24%), but also Wallisians and Futunans (8.3%) and many other communities (Tahitians, Indonesians, Ni-Vanuatu, Vietnamese, Chinese, etc. accounting together for 8%) have made Caledonia what it is today.The Nouméa Accord also presents decolonisation as an objective consisting in founding “a new sovereignty, shared in a common destiny”. Common, that is, for all the above-mentioned populations, together.

And that’s only fair, because a New-Caledonian, who has always lived and worked there and contributed to New Caledonia’s development, is fully part of this community, no matter the origins of his or her ancestors.

Fourthly, with regard to discrimination, there are indeed discrepancies, particularly in terms of standard of living, access to employment and education. This is a statistically documented fact, and the State has long been taking steps to correct it, notably through the redistribution of tax revenues between provinces; executive training (for which the state has provided 90% of the 6 million euros in annual funding since 1998); a mining and metallurgy policy (contrary to popular belief, the French state has no jurisdiction over the extraction, processing or export of nickel; these powers have all been transferred to local authorities; but it is the State that is absorbing the losses of the New Caledonian mining industry: since 2016, it has paid out more than 700 million euros in aid to the nickel industry); financial aid for business start-ups; a land policy that has considerably increased the surface area of Kanak land; and the defense and promotion of Kanak culture, as demonstrated by the use of local Kanak languages in the education system or the creation of the Tjibaou Cultural Center, which today remains the territory’s leading cultural institution.

These measures have produced results – the GDP/capita gap has narrowed and a Kanak middle and higher classes have developed – but unbalances remain, as President Macron acknowledged on May 24: “rebalancing has not reduced economic and social inequalities, they have even increased”. While major progress was achieved when it comes to economic and social progress or access to public service, we need to do better. One must note, however, that this public policy issue is not unique to New Caledonia.

In any case, fires, looting, blockades and violence will not solve the problem. On the contrary, by reducing several decades of economic development to ashes, they have undermined the social and economic rebalancing efforts made in favor of the Kanak populations, and destroyed thousands of jobs.

Fifthly, the petition calls for “the immediate cessation of military operations” and “the withdrawal of troops”. I must state clearly that there are no military operations in New Caledonia: there are law enforcement operations by internal security forces (police and gendarmerie), to protect the population and public infrastructure, strictly respecting the principle of proportionate use of force. The rioters are armed and have robbed several gun shops. Their roadblocks paralysed certain neighborhoods and cut off access to the international airport.

Some inhabitants were short of food and medicines and no longer had access to medical care. More than nine hundred businesses have been destroyed or vandalised, thousands of jobs have been lost and the damages are estimated at over a billion euros. Law offenders are being dealt with by independent courts following due legal process, therefore there is no reason to call for “international independent investigations”. Had the State – whose primary responsibility is to protect the population – not rapidly deployed reinforcements, there would have been many more victims, and the socio-economic damage would have been even greater with more lasting effects.

In conclusion, we must be careful not to ethnicise the events in New Caledonia. Many articles, commentaries and fake news portraying the riots as one community against another just simplify and distort reality. Since 1988 and the first Matignon-Oudinot agreements, followed by the Nouméa agreement in 1998, a continuous dialogue has been carried out leading to the setup of new institutions, the transfer of meaningful power to local governing bodies, the acknowledgement of the Kanak identity and promotion of Kanak culture, and to policies dedicated to the social and economic rebalancing.

Our priority is now to resume dialogue as the political path remains to be invented to continue building this “common destiny” in a more inclusive and peaceful way. France will continue to work in the coming months with regional partners including Vanuatu, the Melanesian Spearhead Group, and the Pacific Islands Forum, in order to achieve this dialogue essential to the future of New Caledonia.

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