Wensislaus
Fatubun / the Office for Justice, Peace and Integrity of Creation
Desk of the Missionaries of the Sacred Heart, Indonesia - West Papua
AGENDA ITEM #
3: Promotion Dialog between Government and Minority group to
effective promotion and protection of
all human rights, civil, political, economic, social and cultural
rights, including the right to development
Thank you Mr.
(Madame) Chairman (Chair)
My
name is Wensislaus Fatubun. I am speaking on behalf of the Office for
Justice, Peace and Integrity of Creation of the Missionaries of the
Sacred Heart, Franciscans International and the West Papuan Minority1
we work for.
It
is the responsibility of States to protect the existence of national
or ethnic, cultural, religious and linguistic identity of minorities
within their respective territories and shall encourage conditions
for the promotion of those identities2.
While
agreeing to the principle of the Draft Recommendation of this Forum,
we would like to propose an addition that the recommendation should
extend to dialog between government and minority groups in the
implementation of laws and policies. The current laws and policies in
place promote discriminative cultural norms that marginalize
minorities and ultimately impede their effective participation in
political, education, economic and social life.
In
light of this principle, we note that the Indonesian Government Law
No.21 of 2001 on Special Autonomy for West Papua provides legal and
political protection for the West Papuan minority in Indonesia,
especially their fundamental rights and freedoms, welfare and the
rights to rectify their own history.
The
Law stipulates the obligation of the Government of Indonesia to
guarantee the rights of the West Papuan minority including the rights
to culture, education, health and economic development. Research we
conducted in 20123
confirmed that the right to life of the West Papuans have been
violated by the Indonesian state apparatus. In its concluding
observation, the UN Human Rights Committee in 2013 expressed its
concern over the State’s use of its security apparatus to punish
political dissidents and human rights defenders4.
Cases of extra judicial killings, torture and arbitrary arrests and
detention between October 2011 and March 2013 showed an increase in
violence. Perpetrators who are members of police and military
institutions, are not held accountable. In the remote highland areas
such forms of violence are most frequently documented, where the
security forces continue to conduct raids with violence and
intimidate minority Papuan village communities, resulting in the
displacement of people. The Third Papuan People’s Congress in
October 2011 was violently dispersed, several participants were shot
and killed. A number of peaceful political activists were imprisoned.
In 2012, there was an escalation of violence during which civilians
were shot by unknown persons. We expressed our deep concern on the
killing of minority right activist Mr. Mako Tabuni by the security
forces in the same year. Other minority activists were arrested. The
rights of the minority Papuans to freedom of expression and assembly
were denied.
With
regard to the economic, social and cultural rights of the Papuans, we
observe the poor management of human resources in the health care and
education sectors. Despite the construction of new facilities and the
availability of funds for salaries, most health care centers and
schools are unattended by health workers and teachers respectively.
As a consequence, the access to education and health care are often
not available, notably in remote areas. Child mortality rates and
HIV/AIDS infection data are at an alarming level and rank the highest
compared to other Indonesian regions. Therefore, it demands serious
reforms of the health sector. In its Concluding Observation for
Indonesia in 2014, the UN Committee on Economic, Social and Cultural
Rights expressed its concern on the unavailability and poor quality
of public services, including in education and health5
in West Papua.
Indigenous
Papuan are not only the minority at the national level but also on
their own Island. The latest Indonesian statistics predict that at
the current rate, by 2020 the island will be demographically composed
of 71.01% non-Papuans and only 28.99% Papuans.6
From the culture right’s perspective, the development of
Papuan cultural identity has been identified as the empowerment of
Papuan Political identity and stigmatized as part of separatist
symbol.
We
therefore urge this Forum to adopt Draft Recommendation no. 13, as
herein modified:
Gross
and persistent inequalities may create the conditions under which
minority communities are made vulnerable to violence. It is necessary
to understand and address the dynamics and the impact of
discrimination, exclusion and inequalities, including intersecting
forms of discrimination, in order to reduce the exposure of poor and
marginalized minorities to violence. States should encourage
effective participation and promote dialog, equality and the
constructive integration of persons belonging to minorities in the
political, socioeconomic and cultural life of society. Special
measures should be taken for the benefit of the most economically
disadvantaged communities
We
also urge this Forum to call on the Government of Indonesia to
initiate dialogue with representatives of the West Papuan minority as
promoted by the Papua Peace Network (Jaringan Damai Papua).
I
thank you Mr. (Madame) Chairman (Chair)
Reference:
3Human Rights in West Papua 2013, International Coalition for Papua
(ICP), page. 50
4See CCPR/C/IDN/CO/1, para 16.
5See E/C.12/IDN/CO/1, para 12
