59. The main challenges in addressing the problem of IDPs in Papua are the
unavailable data on IDPs and the unresponsiveness of the Central and
Regional Governments. On the other hand, the security approach put forward
by the Government of Indonesia has caused trauma for IDPs - especially since
they come from conflict areas. In November 2021, Komnas HAM identified at
least 2.086 people from three different districts in Maybrat fled to the jungle
outside their districts due to the gunfire between the West Papua National
Liberation Army (Tentara Pembebasan Nasional Papua Barat - TPNPB) and
the security forces. In October 2022, the number tripled to 6.556 IDPs,
spreading across Papua.
60. In July 2023, Komnas HAM conducted monitoring regarding the situation of
the IDPs from Maybrat in Sorong Regency, South Sorong Regency, and
Maybrat Regency. Komnas HAM noted that until July 2023, at least 3000
people still live in shelters in worrying conditions with deprived economic and
social conditions.
61. Integrated and comprehensive data is needed to identify the basic rights of
IDPs, both in shelters and after they return to their original places. The basic
rights include public services, education, health facilities, and other rights
deemed to be necessary. The Government of Indonesia must guarantee the
right to security against the non-recurrence of events, recovery of the
psychological and psychosocial of the IDPs, and the rebuilding of the
damaged and destroyed buildings and houses.
62. Komnas HAM encourages the Government of Indonesia to establish an
integrated and responsive mechanism between Central and Local
Governments for handling the IDPs.
M. Access to justice, independence of the judiciary, and fair trial (arts. 2 and
14)
63. Violation against access to justice often occurs at the early stage of legal
processes, particularly during police investigations. Throughout 2020 to 2021,
Komnas HAM dealt with 348 cases concerning violations of access to justice
which were conducted by police. The forms of violation occurred in the form
of restrictions on access to legal aid, unprofessional and unresponsiveness in
receiving public reports, incomplete administrative stages of investigation including the arresting and detention process, and also discriminatory
treatment in receiving public complaints.
64. The implementation of the Legal Aid Law for the people is currently
underway. However, Komnas HAM still finds several problems regarding this
issue, such as: a) the appointment of a legal representative without the