Part III: Recognition of Indonesian Government, Relevance of Truth and Reconciliation Commission for Human Rights Violation in Papua

Part III : Recognition of Indonesian Government, Relevance of  Truth and Reconciliation Commission for Human Rights Violation in Papua ?
            
By Farsijana Adeney - Risakotta

Writing about Papua is my fate . I promise to write continuously until justice and peace to come in Papua . But writing about this topic , after my writing about Nelson Mandela that was awarded on the title of Part I : Go with Peace Nelson Mandela , father of  rainbow  human beings published on December 6, 2013 , I had to pass through various other posts before eventually arriving in this Part III.  The long journey  I have to pass through the halls of a true understanding of the Papua conflict,  since this is not simply information as done by journalists , but it is part of my commitment as a moderator of “Petisi Warganegara NKRI untuk Papua” (The Petition of Indonesian Citizenship for Papua)  peel each layer of Indonesian history that can be cured together . History involving violence causes trauma to all parties who are in conflict . So here's my article whose title has been put since I wrote to say farewell to Nelson Mandela who left to the world the existence of human expectations is released from the cycle of violence and restore the dignity of human beings in the presence of the Creator . Yet this paper is not the end of my journey .

In other posts , I have explained about the context that gave birth to the Truth and Reconciliation Commission in South Africa . The transfer of power that was carried out in South Africa without bloodshed became an inspiration to peace in the world . This fact has denied all the theories to  argue that democracy is too costy for human lives. South Africa and  Nelson Mandela had proved to the world about the reality that is different from a political argument that is always used to explain the bloodshed at the time of the transfer of sovereignty . Accumulation of conflicts that have occurred in the community of analysis to predict the trend of increased violence could be seen as the peak in the transfer of sovereignty .

Nelson Mandela was able to cusp then diverted power to reject  violence and various expressions of fear in controlling public policy for not being provocative toward various forms of terror that exist in the environment of shifting sovereignty. Control of mass disturbances carried out to ensure the termination of violence . Security control system is designed so that people who suffered injustice because of the violence occurred resulting in lost family members or fellow comrades have certainty about the presence of law enforcement.  Establishment of a Truth and Reconciliation Commission is in the midst of mapping socio-political conditions of society who are experiencing economic and disintegration treat and mass destruction that leads to the systematic annihilation against certain groups ( genocide ).

In another article I have explained about the failure of the Indonesian government in maintaining Law No. 27 of 2004 on the Truth and Reconciliation Commission which was canceled by the Constitutional Court . Discussions were conducted by civilian agencies in Indonesia such as KONTRAS and ELSHAM to push back the government issued the Law Commission of Truth and Reconciliation still not seen the results . As with the hope of ELSHAM , the highest legal reference as state policy as shown in the MPR Decree No. 5 in 2000 on the need of the national recociliation is the foundation for citizens to urge the Indonesian government to re-register the draft Law  2014 (Prolegnas 2014) on the Truth and Reconciliation Commission in Parliament.

Nevertheless , the legal process associated with the implementation of the national reconciliation could still be continued , especially for resolving cases of human rights in Aceh and Papua . In this paper, I give special attention to Papua . A discussion of the resolution of cases of human rights I will explain later as part of my trip to Aceh's responsibility to meet with political figures and former GAM guerrillas there . Act No. 21 of 2001 on Special Autonomy (Autonomy ) Papua has 24 chapters and 79 articles. Among them , one chapter and the three verses are provided for clarification of the law on Human Rights. I quote  the chapter (Bab XII) and the verses  45 , 46 , 47 which describes the intent of the law .

Chapter XII
Human Rights

Article 45
( 1 ) The Provincial Government , and the population of the Papua Provincial shall uphold , promote , protect and respect human rights in Papua Provincial .
( 2 ) In order to implement it as intended in paragraph ( 1 ) , the Government established a representative of Human Rights Commission , the Human Rights Court and the Truth and Reconciliation Commission in accordance with Provincial legislation  (Perdasus).

Article 46
( 1 ) In order to stabilize the unity and integrity of the nation in Papua Provincial Commission of Truth and Reconciliation .
( 2 ) The task of the Truth and Reconciliation Commission as referred to in paragraph ( 1 ) is :
a. to classify the history of Papua to stabilize national unity
       in the Republic of Indonesia , and
b . formulate and define the steps of reconciliation
( 3 ) Membership , position , task execution and financing arrangements Truth and Reconciliation Commission as referred to in paragraph ( 1 ) shall be stipulated in Presidential Decree after proposal of the Governor .

 Article 47
To uphold human rights of women , Provincial Government is obliged to foster , protect the rights and empower women with dignity and make every effort to position them as equals to men .


Quoting a fragment of the special autonomy law , chapter XII of human rights , there are some things that need to be clarified . First of all , as the chapter on human rights , the definition of human rights is not included in Chapter XII , but was placed in Chapter I of the General Provisions . In Chapter I, the " n " is described on the definition of human rights . I quote . " Human Rights , hereinafter referred to as human rights , is a set of rights attached to nature and human beings as creatures of Almighty God and is His grace that must be respected , upheld and protected by the state , law , government , and every people for the respect and protection of human dignity .

The definition of human rights is placed after an explanation of the definition of institutional to begin with an explanation of the province to the village . Definition of Human Rights earlier put before passing the definitions related to other rights , such as the explanation of the indigenous , indigenous people , indigenous and tribal peoples , land rights , which are then forwarded to the notion of indigenous people of Papua and Papua Provincial population .

From the place where human rights are formulated explanation , suggesting that the special autonomy law , the entire chapter and the article is actually related to human rights considerations as seen explanations that are placed at the very beginning of the special autonomy associated with the ideals and objectives of the Nation of Indonesian Republic is to build a fair society , prosper , and prosper based on Pancasila and the Constitution of 1945. Then the explanation forwarded by the notion of the people of Papua as part of Indonesian society that is God's creation and part of a civilized people , upholding human rights , religious values ​​, democracy , law , and cultural values ​​that live in the community customary law , as well as having the right to enjoy the results of development .

Secondly , I also want to point out about the recognition of the Government of Indonesia with regard to the condition of human , economic and political changes made to Papua . Therefore , consideration of the written explanation of the special autonomy law should be disclosed to other citizens of Indonesia to understand the recognition of the Indonesian people against the unfair treatment has been carried out in Papua . The following section is an excerpt from the full length and weigh explanation written at the beginning of the special autonomy law .
....

b .
that the system of government of the Republic of Indonesia by
Act of 1945 recognizes and respects units of government
areas that are special or extraordinary regulated by law ;
c .
that the integration of the nation within the Unitary State of the Republic of Indonesia must remain maintained with respect equality and diversity of social and cultural life people of Papua through the Special Autonomy zoning ;
d .
that indigenous people in Papua is one of the groups of the Melanesian race
which is part of the tribes in Indonesia , which has a diversity
culture , history , customs , and language of their own ;
e .
that the governance and implementation of development in the province
Papua has not fully satisfy the justice , has not been fully
enable the achievement of the people's welfare , not fully support
legal enforcement , and has not fully shown respect
on Human Rights in Papua , especially the people of Papua ;
f .
that the management and utilization of natural resources of Papua province yet optimally used to improve the living standard of the original , so
has resulted in a gap between Papua and other regions ,
and a neglect of basic rights of indigenous people ;
g .
that in order to reduce the gap between Papua and the other ,
and improve living standards for people in Papua , as well as provide
opportunity for indigenous Papuans , special policy is required in
framework of the Unitary Republic of Indonesia ;
h .
that the implementation of specific policies is based on the fundamental values
include the protection and respect of ethics and morals , basic rights
indigenous peoples , human rights , rule of law , democracy , pluralism , and
equality , rights , and obligations as citizens ;
i .
that has been born a new awareness among the people of Papua to
peaceful and constitutional struggle for the recognition of fundamental rights
as well as the demands of solving problems related to violations and
protection of human rights of indigenous Papuans ;
j .
that the development of the situation and condition of Irian Jaya , especially regarding aspirations of the people want the return of the name Irian Jaya into Papua as stated in Decree No. Irian Jaya Provincial Parliament 7/DPRD/2000 dated August 16, 2000 on returning name Irian Jaya to
Papua ..
....

The nine items were cited in the original judgment plus two explanations previous considerations , then in my opinion , the Indonesian government has recognized the importance of national unity be maintained but at the same time providing space for the fulfillment of its maintenance identity of Papuans who had been overlooked their human rights . The recognition of the indigenous people of Papua Melanesian race as part of the other races that make up the Indonesia . Another important recognition related to the implementation of development in Papua who have not achieved justice , not according to the law and fulfill the human rights of indigenous Papuans ( parts d and e ) .

Related to that , the Indonesian government recognizes that the management and exploitation of the natural wealth of Papua which has ignored the basic rights of indigenous people as the original standard of living has not increased the optimal ( part f ) . The Indonesian government acknowledged the need for specific policies to address the gaps and the basic rights of indigenous Papuans social ( part g ) . The implementation of specific policies is done by adhering to basic values ​​, human rights , rule of law , democracy , pluralism and equality , rights , and obligations as citizens ( part  h ) . The Indonesian government also recognizes the struggles the people of Papua on their new birth of awareness about basic rights and claims settlement issues related to human rights violations and protection ( Part I ) and the final recognition of the aspirations of the people want the return of the name Irian Jaya into Papua ( part j ) .

From the above explanation , the establishment of a Truth and Reconciliation Commission should be facilitated by the Governor of Papua and West Papua since the Indonesian government has opened the door to bring the truth about what is happening in Papua . Other truths can also be seen in the following Chapters contained in the special autonomy law . I would like to quote in full Chapter II of the Coat - Coat .

CHAPTER II
SYMBOLS
Article 2
( 1 ) Papua Province as part of the Republic of Indonesia
using the Red and White as the State Flag and Indonesia Raya
as the National Anthem .
( 2 ) The Papua Province may have a regional emblem and banner greatness
cultural symbol for the greatness of the Papuans' identity in the form of flags
regional and folk songs are not positioned as a symbol of sovereignty .
( 3 ) The provisions of the symbol of the area as referred to in paragraph ( 2 )
further regulated by Perdasus (Papuan special law) based on the rules
legislation .

In Chapter II , it is very clear , the Indonesian government recognizes the area as a banner emblem cultural symbol for the greatness and grandeur of the Papuans' identity and shape the regional flag and regional songs are not positioned as a symbol of sovereignty . Recognition of this truth is very important but it must be stipulated in the Special District that after 12 years since special autonomy granted to the people of Papua and the local and special law (Perdasi  and Perdasus  yet none produced ( Adeney - Risakotta , 2013) .

Recognition of the Government of Indonesia can be seen in other chapters relating to the protection of indigenous Papuans to strive economically and workforce employment arrangements ( Chapter X and Chapter XVIII ) , to receive a quality education at a low cost ( Chapter XVI ) , to experience health care to epidemic diseases ( Chapter XVII ) , cultural preservation ( Chapter XX ) , the management of sustainable development and environmental responsibility ( Chapter XIX ) . In setting the level of government , traditional institutions that are embodied by the Papuan People's Assembly ( MRP ) is recognized by the state ( Section Four ) . Indonesian government recognition of the basic rights of the Papuan people do with awareness is important that Papua is part of the national and global economy ( Chapter X ) . Recognition of local revenue sources other than the inclusion of natural resources is also part of various taxes and fees paid to state residents ( Chapter IX)

Unraveling explanations of the special autonomy law is important to understand the position of the Indonesian government in seeking the truth in relation to the State of the Union citizens who are Indonesian indigenous Papuans . The fact of the Indonesian government's recognition of the existence of human rights violations is not enough just to formulate Papua Special Autonomy Law.  Formulation  must be demonstrated in reality . This is where the function of the Truth and Reconciliation Commission will play a major role for facilitating Papua’s conflict resolution . The role of the Truth and Reconciliation Commission is not only to clarify the history of Papua in connection with the unity and integrity of the Indonesian state but also to  prepare reconciliation steps as written in Chapter XII . The function of the Truth and Reconciliation Commission is to prepare a mechanism in which the Indonesian government's recognition of Papua received an immediate response in the resolution of cases of human rights violations in Papua .

Human rights violations during the movement associated with the Free Papua Movement ( OPM ) who claimed that the process of integration of Papua into the Republic of Indonesia is legally flawed because the voting mechanism as a form of participation of the people of Papua in determining sovereignty is not done in accordance with applicable international law ( Adeney - Risakotta , 2013) . This view has its roots in the OPM since declared Papua is part of Indonesia in 1969 that led to violence in the name of the Republic of Indonesia to the people who are considered as a separatist group . Effect of separatist movements such as turns OPM conducted resulted in the murder of the military to civilians in Papua . The case of the massacre of civilians have been investigated by the  Nasional Commission for Human Rights , such as the case of Biak , Wasior involving the military. While members of the community to be involved in the separatist movement  was arrested and put in jails, because raising the Papuan flag.  Recognition of the Indonesian government with the symbol of Papuans that can be owned rather than as a sign of sovereignty has yet to be formulated in the absence of a provincial law (Perdasus) so the setting regional symbols give the reason for the military make arrests , murder and punishment to the Papuans .

In Chapter XII relating to human rights , mentioned about the three institutions directly related to the completion of human rights , namely the National Human Rights Commission , Human Rights Court and the Truth and Reconciliation Commission . In addition to the Court of Human Rights established as part of the existing court infrastructure ( Act No. 26 of 2000 ) , the two other institutions that are the National Commision on Human Rights and the Truth and Reconciliation Commission should be independent so they can be more objective role in facilitating the settlement of human rights cases in Papua . Truth and Reconciliation Commission in particular its work to build a mechanism that enables the Papuans exercised its rights in seeking the truth about the history of Papuan integration , including testing the truth of which is recognized by the Indonesian government as described in detail in the Law No.21 of 2001 on Special Autonomy.

The Papuan people have the right to understand the motivations behind the actions that violate human rights , not only related to the symbols of sovereignty is a sign of the military objective to commit acts of violence to the murder of the people of Papua . Human rights violations as well as government policies related to the builders that do not involve the indigenous peoples have resulted   marginalization to the Papuan people.  Suppose the dollar mega projects undertaken by the government of SBY related to food security program which is MIFEE standed on the explained acronim of Merauke Integrated Food and Energy Estate which has led to violations of customary rights of indigenous peoples in the Bird's Head.

In Chapter XII of the rightsis is also mentioned about human rights to women 's empowerment . Legislation specifically mentions about giving women opportunities for women in Papua to explain about the human rights violations that occur with them. After I got out of the hospital due to the car accident , the first article I wrote was about Life Story Papua Leadears  associated with a woman named Amelya Jigabalom selected by indigenous Papuans as their leader . Amelya Jigabalom was one of 100 people who met with President Habibie that led to the birth of Law no.21 of 2001 during the administration of President Megawati .

 

Reading the book Life Story Papuan Leaders  including Amelya Jigabalom,  looks very clear that military force on behalf of the Republic of Indonesia has committed torture cruel and barbaric to the killing of Papuans for so long time. Sources testimony written by indigenous Papuans as book Life Story of Papuan Leaders could be the basis of assessment made ​​by the Truth and Reconciliation Commission to find out about military violence in Papua . In its work , the Commission for Truth and Reconciliation brings reassurance to the victims' families and the wider community about the right to understand the violence that is done in the description of the motivations behind them . With the availability of a system that allows the right to the truth can be achieved by the victims , their families and communities will facilitate the determination of punishment or forgiveness ( amnesty ) who will be assigned to the perpetrators of human rights violations .

The following is a reconciliation task that will wake up after the truth-seeking process runs by presenting all sides that lead to violations of human rights . The evidence is in the community should be maintained including the delivery process involving extensive public to know the motivations of violence with the goal circle can be stopped . Society into groups that are underlined frontier to protect the possibility of a new offense for the completion of the truth is not done wisely.

Truth and Reconciliation Commission has the legal power to involve institutions of higher on it in facilitating the reconciliation process involves clarification of Papuan history . United Nations involvement , historians , legal experts and international development experts to ask their views on policy ever produced by the world body , so the impact on the length of the Papuan people struggle for justice and truth in their own land . The documents referred to earlier must be registered and published widely so as to enable the public to study it before the various parties who are invited specifically describe the objective knowledge and good actions in the field of international politics , national history, , which led to the development of policies specifically human rights violations in Papua . Actions that led to human rights violations must be explained by understanding the political and economic situation that occurs when the violence took place.

Establishment of a Truth and Reconciliation Commission is getting urgently, and can be pursued by the Papuan people themselves by asking for their rights on the Governor should also facilitate the establishment of a Truth and Reconciliation Commission . Insistence formation must be done from the bottom of society at the village level to ask the government to fulfill the Law number 21 of 2001 on Special Autonomy is Chapter XII of the Commission of Truth and Reconciliation . Acceleration formation will help stop the resolution of cases of human rights especially the legitimacy of the government of Indonesia to  throw  Papuan civilians into prison as it is considered as accomplices OPM . According to the data collection of the Papuan people , now there are hundreds of Papuans in prison and also exceeds the legal transfer penalty groups are thought to be involved in acts of terrorism as reported by the Sydney Jones of the International Crisis Center .

Greatness of a nation lies in its recognition of the process of resolving the various conflicts in the diversity of the community and not because of the ability of the conquest as a representation of the spirit of imperialism that is contrary to Pancasila and the 1945 Constitution . Presumably indigenous Papuans , both Christians and Muslims can together build unity to facilitate the enforcement of the fundamental rights itself. If the original person is not doing it , who else to start . It's intended to explore the strength of the Indonesian Government's recognition of the lack of justice in Papua and therefore Papuan people called to ask for the fulfillment of justice in a legal system that has been set by the Indonesian government . May the Almighty God help along with my brothers and sisters in Papua and everywhere are being struggles for the enforcement of justice and peace in Papua .

See earlier parts:

Part II: Nelson Mandela and Truth & Reconciliation Commission to Indonesia, particularly Papu

http://farsijanaforpizza.blogspot.com/2013/12/part-ii-nelson-mandela-and-truth.html

Part I: Go with peace Nelson Mandela, father of rainbow human beings

http://farsijanaforpizza.blogspot.com/2013/12/go-with-peace-nelson-mandela-father-of.html