Torture, extrajudicial executions, internal displacements, and destruction of private property
1) 674 persons internally displaced after security force raid in Yahukimo
2) Local Papuan traders demand enforcement of regulations to protect their market interests
3) Administrative court rejects palm oil company’s lawsuit, Awyu tribe’s forest restored
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1) 674 persons internally displaced after security force raid inYahukimo
The escalating conflict in the Yahukimo District, Papua Pegunungan Province, has led to the internal displacement of 674 persons (see photo on top, source: Suara Papua). The internally displaced persons (IDPs) belong to 169 families from nine districts in the regency. The raid occurred shortly after an attack against a military post by West Papua National Liberation Army (TPNPB) members on 21 August 2023. The shootout resulted in the death of one military member. Reports revealed acts of arbitrary arrests and torture during the raid.
Many IDPs have lost their homes and belongings. Security force members reportedly burned down twelve residential houses and killed livestock. Two pigs burnt along with their homes. Fifteen pigs died due to lack of care after their owners fled their homes. Twelve IDPs have fallen ill, highlighting the health challenges they are currently facing.
Solidarity groups have opened a humanitarian post to collect humanitarian aid. According to local media, the Yahukimo Regency Government has assisted in the form of rice, basic necessities, and funds. Local government representatives have promised to relocate the IDPs for their safety and well-being.
The residents in Kali Bonto were relocated in 2018 due to tribal conflicts. They have experienced recurring acts of intimidation and harassment by security force members since 2021, causing them to live in constant fear.
Background
People in West Papua, particularly the indigenous population, face harsh consequences of the armed conflict that has been ongoing for more than 50 years in the region. Security operations against the TPNPB are often accompanied by arbitrary violence against the indigenous population, including house burnings and fear. The situation has led residents in conflict areas to seek refuge and safety at other locations. Observers say that more than 60,000 people in West Papua have been internally displaced due to the armed conflict since 2019.
Human rights organisations have been raising concerns regarding excessive violence against civilians during security raids across West Papua. Torture, extrajudicial executions, internal displacements, and the destruction of private property, including burning residential houses and killing livestock, often accompany the raids. The same patterns of violations have occurred during similar raids in the regencies Intan Jaya, Puncak, and Pegunungan Bintang.
Most victims during such security raids are indigenous Papuans. The police and military members often stigmatise indigenous villagers as TPNPB members or collaborators. The TPNPB fights consist of armed guerrilla groups across all regencies in West Papua, who fight for the political independence of West Papua from the Republic of Indonesia.
Human Rights News, Indonesia, West Papua, 7 September 2023
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2) Local Papuan traders demand enforcement of regulations to protect their market interests
Local Papuan traders have urged the to supervise and enforce Regional Regulation No. 10/2018, which focuses on safeguarding and empowering local traders, particularly Indigenous Papuans in the market. This request is essential to ensure that local traders can exclusively sell indigenous products like sago, areca nuts, vegetables, petatas (sweet potatoes), and smoked fish, as outlined in the regulation.
Maria Pekey, the coordinator of Indigenous Papuan traders in Abepura, conveyed this message at Youtefa Market, on Tuesday, September 5, 2023. She emphasized the need for Indigenous Papuan traders to manage the sale of products to prevent non-Papuan traders from selling the same items.
The struggle to prevent non-Papuan traders from taking over the market has involved peaceful protests at various government offices, including the Jayapura Mayor’s Office and the PapuaGovernor’s Office.
Pekey, or Mama Pekey as she is called, a daily vegetable seller at Youtefa Market, shared that her income used to range from Rp1 to 2 million, from a capital of Rp500,000. However, from 2022 to 2023, despite her capital investment increasing to Rp1 or to 2 million, her income decreased. Some traders even stopped selling because of this same reason.
Pekey highlighted the economic vulnerability of Papuan mothers, which has further deteriorated due to the influx of non-Papuan traders into the market.
“Currently, there are about 80 Indigenous Papuan traders in Youtefa Market, selling various products, while there are around 200 non-Papuan traders, offering a wide range of items, from clothing to electronics and food products,” she said.
Nonetheless, Pekey and other Indigenous Papuan traders are hopeful that the government will enforce the regional regulation to protect their interests, especially regarding the sale of indigenous products.
“We believe that market officials should not merely collect daily market fees of Rp 5,000 but should also ensure strict adherence to market regulations,” she added.
Maria Matuan, another Indigenous Papuan trader at Youtefa Market, expressed similar concerns, asserting that locally produced items should be exclusively allocated to Indigenous Papuan traders. She and her fellow traders have repeatedly met with the Mayor of Jayapura City to voice their grievances about non-Papuan traders selling local products in various markets in the city, but their concerns have yet to be addressed.
News Desk - Papuan Traders 7 September 2023
https://en.jubi.id/local-papuan-traders-demand-enforcement-of-regulations-to-protect-their-market-interests/
5) Administrative court rejects palm oil company’s lawsuit, Awyu tribe’s forest restored
On 5 September 2023, the Jakarta State Administrative Court (PTUN) rejected a lawsuit filed by the palm oil companies PT Megakarya Jaya Raya and PT Kartika Cipta Pratama against the Indonesian Minister of Environment and Forestry, Mrs Siti Nurbaya Bakar. The verdict has significant implications for the rights of indigenous peoples and the principle of free prior informed consent (FPIC).
The palm oil companies filed the lawsuit after the Minister of Environment and Forestry revoked their concession licenses through a decree in early 2022. The land which the companies claim for their operations belongs to the Awyu Tribe in the South Papua Province. The palm oil companies operate in the Awyu’s customary land around Digoel and Mappi Rivers in the Boven Digoel Regency.
Following the court’s ruling, 65,415 hectares of native rainforest within the concessions of PT Megakarya Jaya Raya and PT Kartika Cipta Pratama must be returned to the Awyu people. The verdict prevents the companies from deforesting the area, limiting them to conduct their business operations only within the 8,828 hectares of forest land that the two companies have already cleared.
The Awyu people and their legal team have played a crucial role in supporting the government’s stance in this lawsuit. During the trial process, the Awyu emphasized the importance of recognizing their customary land rights and their ability to protect and manage their ancestral forests for their livelihoods and future generations.
The case sets a precedent for protecting indigenous land rights and preserving vital rainforests in Indonesia. The decision weakens the legal position of investors. It underlines the Government’s obligation to respect and protect the rights of indigenous communities, reminding companies of their obligation to obtain the communities’ free prior informed consent when making decisions concerning land and the use of resources.
Background
Since 2019, the Awyu indigenous community has raised concerns about the loss of customary forestdue to PT IAL’s operations. There have been pros and cons, criminalisation efforts, and threats of violence against residents involving police officers and company operators.
Based on information circulating that the Foreign Capital Company (PMA) PT Indo Siana Lestari from Malaysia has obtained a location permit issued by the Regent of Boven Digoel and a Plantation Business permit issued by the DPMPTSP of Papua Province. However, the Awyu indigenous community has never received the permit information document and has never approved the company’s plan.
IAL’s concession is part of the Tanah Merah megaproject that is already dogged by allegations that key operating permits have been falsified. And according to Hendrikus Woro, the problems with PT IAL began in 2017 when it started approaching local communities.
In March 2023, the Awyu tribe accompanied by the Papua Legal Aid Institute (LBH) filed a lawsuit at the Jayapura State Administrative Court (PTUN) concerning an environmental permit issued for palm oil company PT Indo Asiana Lestari (PT IAL) by the Papuan Investment and One-Stop Integrated Service Office (DPMPTSP). The lawsuit was filed at the Jayapura State Administrative Court (see photo, credit Gusti Tanati/ Greenpeace) because the local government allegedly withheld information about PT IAL’s licences, whose concessions would annex their customary territory.
Human Rights News / Indonesia, West Papua / 7 September 2023
https://humanrightsmonitor.org/general/administrative-court-rejects-palm-oil-companys-lawsuit-awyu-tribes-forest-restored/
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