Komnas HAM, Indonesia LOIPR ICCPR
3) What is the latest development on the law enforcement on racism incidents in
Surabaya? Has it been conducted in accordance with the principles of human rights,
including efforts to mitigate the resulting racial-based violence in Papua?
i. Papua
54.
The number of incidents of human rights violations and acts of violence, including
armed violence in Papua and West Papua is quite high compared to other regions in
Indonesia. Several prominent events have been reported to constantly occur. They
include armed violence and displacement in Nduga, massive violence that followed the
racially-motivated incident in Surabaya, the 2019 Wamena Case, and other cases of
violence.
55.
Based on the information collected by Komnas HAM, the recurring violence in Papua
and West Papua occurred as a result of security management policy in the region. This
security management mechanism has not been in keeping with the approach that
promotes peace and dialogue between all parties to end violence.
56.
Another issue is impunity and neglect of access to justice and protection. Some of the
existing cases have not been followed up by legal actions. The judicial process has not
been consistent with the nature of the incident, and some did not even receive a followup. Among these cases was the Pania case, in which 4 people were killed while more
than 20 were injured in 2014.
57.
Komnas HAM took note of the ignorance of reports of public complaints by the Police.
At the end of 2019, Komnas HAM received a complaint from the city of Sorong that
chronicled how a clash between two groups of warring communities had resulted in one
killed victim and nine burned houses. The complainant was a victim whose house was
burned down in the incident. The day prior to the incident, vandalism of the
complainant's house by a group of people was reported to the police but it was ignored.
The police had failed to protect and fulfill the right to justice and the right to security.
58.
Several incidents in Papua have caused in a number of deaths. The Bloody Wamena
case on September 23, 2019, shows that, as a result of the riots, many people fell victim
to the incident as authorities open fire blindly and shot them dead without distinguishing
victims from the perpetrators. One of the shot victims was a 17-year-old high school
student in Wamena, along with several other family members. The most recent case
was the mile 34 case in which two civilians became victims of accidental shooting.
59.
On February 4, 2019, Jayawijaya Regional Police officers interrogated a robbery
suspect using snakes wrapped around the perpetrators in an effort of eliciting a
confession. Papua Regional Police Chief Inspector General Martuani said he had
commissioned an investigation through the Papua Provincial Police's Division of
Profession and Internal Security, and a Police Brigadier (2nd Class) with initials of TMP
was proved to have violated the code of ethics and was not professional in performing
his duties, and therefore subject to a sanction.
60.
In mid-August 2019, approaching the 74th anniversary of Indonesia's independence,
racial incidents broke out against a number of Papuans in Surabaya. It spread into a
bloody event in Papua and West Papua. This incident was followed by attacks on
migrants, especially in Wamena. In the previous year, armed groups attacked 31 PT
Istaka Karya workers on December 2, 2018, in Nduga, Papua, and it led to an attack on
December 3, 2018, on the Indonesian army posts, killing an army member and injuring
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