Komnas HAM, Indonesia LOIPR ICCPR
another member. The two cases resulted in an increase in the Army/Police joint security
operations that led to violence against civilians and massive displacement. Both cases
added to the fact that violence still occurs in Papua, both vertically and horizontally.
This indicates that the security approach has not successfully resolved the violence and
human rights violations in Papua.
61.
In addition to the abovementioned problems, there were also identified cases of political
prisoners, the term and legal position of the people of Papua, the Indonesian
Government calls them criminal detainees. One of the main problems that led to this
polemic was security governance in Papua.
List of issues:
1) How to ensure that Papua and West Papua are safe and peaceful, far from violence,
including armed violence?
2) What is the security management policy in Papua Papua and West Papua, and what
is the legal basis for using military force in dealing with armed groups?
3) What are the efforts and steps to create peace in Papua and West Papua by all
parties, including armed groups?
4) How to ensure that impunity is ended immediately, especially in cases that receive
wide public attention, and how to ensure access to justice and that protection can be
enjoyed by all Papuans and West Papuans?
5) What is the latest development on the judicial process of racially-motivated incident
in Surabaya and the Papua and West Papua incidents?
6) What is the effort to fight the stigma of racism towards the people of Papua and
West Papua?
7) How can access to justice be enjoyed by everyone, including Papuan Indigenous
Peoples?
j. Impartiality, Independence and Fulfillment of the Rights of Victims of Gross
Violations of Human Rights
62.
Komnas HAM has finished investigating and submitting the investigation files of 12
cases of human rights violations to the Attorney General. Some cases were pending
resolution for nearly 20 years, most of which more than 10 years. The lengthy resolution
based on Law No. 26 of 2000 has resulted in the lack of guarantee in the fulfillment of
justice. The death toll, as a result, is increasing.
63.
In 2019, the Government planned to come up with policies that would potentially create
impunity, such as the establishment of the National Harmony Council (DKN), and
reconciliation for the Talangsari Incident without involving the victims and the
Integrated Team (Tim Terpadu).
64.
Until now, there has been no comprehensive recovery policy for victims, including
recognition, fulfillment, and the right to truth. On the contrary, the victims' rights were
hampered by the burden of proof, which requires a court ruling and guilty verdicts of
the suspects. This only prevents access to recovery and compensation for the victims.
Such obstruction was experienced by victims of gross human rights violations in the
Tanjung Priok incident.
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