Papua Quarterly Report Q2 2024: Stagnation and Conflict: Land Rights and Military Presence Intensify

This comprehensive 9-page document lists cases and developments including human rights violations and their patterns; escalation of armed conflict and its impact on civilians; significant political shifts in Indonesia affecting West Papua; and international responses and initiatives. It covers the period from 1 April to 30 June 2024.

Summary

Human rights

Human rights statistics indicate a stagnation, without a significant increase or decrease in cases of civil rights violations throughout the 2nd Quarter of 2024. However, Human Rights Monitor (HRM) received a growing number of cases of land grabbing from various regencies across West Papua. These cases exemplify private investors’ scramble for land and resources in West Papua, who frequently bypass the process of obtaining Free, Prior, and Informed Consent (FPIC) from the indigenous communities who own the land. Reports of this trend emerged from the Papuan regencies of Merauke, Mimika, Deiyai, and Sorong between April and June 2024.

During the reporting period, all cases of extra-judicial killings and disappearances were linked to the ongoing armed conflict between the West Papua National Liberation Army (TPNPB) and Indonesian security forces. This conflict is a major driver of human rights abuses. Victims were either civilians caught in the crossfire or individuals killed by security forces during operations.

West Papua continues to see restrictions on civil liberties. Police have broken up or blocked peaceful protests, preventing activists and journalists from speaking out about or reporting on injustices and calls for self-determination within and outside West Papua. Papuan student groups and solidarity movements often hold rallies in other parts of Indonesia to raise awareness about the human rights situation in the country’s easternmost provinces. Police have been accused of mistreating and torturing protesters on several occasions, seemingly as punishment for their participation. The number of arbitrary detentions in recent quarters, as reflected in statistics, suggests a climate of fear among activists and human rights defenders.

Indonesia struggles to address impunity for human rights violations. Lack of transparency in internal investigations and light sentences for police and military personnel involved in abuses create a climate of impunity in West Papua. These practices make it difficult to hold perpetrators accountable. Civilian court proceedings against suspects remain exceedingly rare. A recent case in the Nabire District Court involving a police officer accused of killing Mr Yulianus Tebai in January 2023 might be a step towards tackling impunity, though the officer’s connection to the Civil Service Police Unit (Satpol Pamong Praja) might be a factor in bringing the case to court. It’s unclear if the verdict will reflect the severity of the crime.

NGOs criticised the Indonesian National Army (TNI) for its lack of transparency in handling the case against 13 soldiers accused of torturing three Papuan civilians in Puncak Regency. The incident, which happened on 3 February 2024, resulted in the death of one civilian and left two others severely injured. Although the suspects were named on 25 March 2024, the Military Police Center (PUSPOM TNI) has not provided any updates on the investigation. This lack of transparency leaves the victims’ families and the public in the dark concerning the identities of the suspects and the nature of the evidence gathered. This secrecy fuels significant concerns about a fair trial and raisis fears that the perpetrators may evade proper punishment.

Military tribunals and disciplinary sanctions against police officers have failed to bring justice to the victims and their relatives. On 16 June 2024, the family of Mr Moses Yewen, supported by local community members, initiated a blockade of the Satgas 623 post in Fef. This action was a response to the lack of transparency and unresolved legal proceedings concerning the death of Moses Yewen, who was allegedly beaten by two soldiers from the Yonif 762/VYS unit in 2021. The protest underscored the community’s frustration with the military and judicial authorities for failing to provide clarity and justice.

Conflict

As of early June 2024, over 76,919 people remained internally displaced due to the armed conflict in West Papua, with no humanitarian access. This number increased to more than 80,000 after more than 5,000 indigenous Papuans fled their homes following a raid by security forces in the Bibida District, Paniai Regency, on 14 June 2024. Updated figures show a total of 7,900 internally displaced persons (IDPs). In another development, security forces helped around 1,200 IDPs who were staying at the Salib Suci Parish in Madi to return to their villages.

HRM documented a surge in armed conflict in West Papua during the second quarter of 2024. There were 35 new clashes, raising the total to 69 by 30 June 2024. The period saw a rise in fatalities among the TPNPB. Two security force members were killed and five injured, while the TPNPB lost eight fighters and had one injured. This imbalance is linked to increased military presence in conflict areas. As in previous reports, civilians were the most affected, with six killed by the TPNPB and four by security forces.

Papuan communities struggle to prevent the central government from expanding military facilities near their homes. Residents fear being caught in the crossfire between security forces and the TPNPB as a result of this expansion. Additionally, communities living near military posts reportedly face constant monitoring and limitations on their movements. On 25 May 2024, military members reportedly occupied the only functioning hospital in the Paniai Regency for several days. Snipers on the top floor caused all patients to flee in panic. Women in the Sugapa District, Intan Jaya Regency, called for the removal of military and police posts due to the threat they pose to civilians caught in the crossfire. Likewise, the Bibida District community is opposing the establishment of new military posts following a security raid on 14 June 2024.  

As of July 2024, there is no sign of rapprochement between the conflict parties. The Indonesian Government continues to hold on to a security-based approach, with soldiers slowly taking over civilian responsibilities in the fields of healthcare and education in West Papua. The rise in military presence observed even beyond known conflict zones is alarming. The recent election of Prabowo Subianto as president adds another layer of uncertainty. Subianto’s stance on West Papua has historically been aggressive, leading many to believe the situation could deteriorate under his leadership.

Political developments

Recent political developments suggest Indonesia is gradually moving away from the spirit of reform that drove earlier governments to democratise the nation following the end of President Suharto’s authoritarian New Order regime. The results of the February 2024 presidential election further support this observation.

The Indonesian Parliament is considering revising Broadcasting Law No 32/2002, sparking concerns from academics, human rights activists, and media stakeholders. The Alliance of Independent Journalists (AJI) in Jakarta and NGOs have voiced their opposition, fearing the amendments could stifle freedom of expression and discriminate against minorities in Indonesia.

In light of current debates regarding the revision of  Law No 34/2004 on the military (TNI), TNI Commander General Agus Subiyanto stated that the TNI now has a multifunctional role rather than the dual function it had during the New Order era. This multifunctional role sees the military involved in various sectors, including health and education in West Papua. The statement raises concerns about the military’s increasing influence in civilian affairs, potentially undermining democratic institutions and principles.

Recent developments related to the government’s current agenda to revise the Police Law have caused concerns among Indonesia’s civil society. On 28 May 2024, the Indonesian House of Representatives (DPR RI) officially adopted the Third Amendment to Law No. 2 of 2002 on the Indonesian National Police or the Draft Law on Police. Civil society groups are concerned that the revisions expand police power without strengthening oversight or public control. They argue the revisions don’t address existing weaknesses in police accountability.

A positive policy development regarding the legal recognition of customary land offers hope for customary communities in Indonesia. Between 2022 and 2023, various indigenous groups in Papua have proposed the recognition of customary forests to the Ministry of Environment and Forestry (MoEF). Nine clans from the Wambon Kenemopte Tribe in Boven Digoel Regency, South Papua, have submitted proposals. In a significant local development, the Government of Sorong Selatan Regency has officially recognised the indigenous peoples and customary territories of four sub-tribes in Konda District through a Regent Decree. The Awyu tribe continues to wait for a decision by the Supreme Court to protect 36,094 hectares of customary land from palm oil expansion. The Awyu have launched a campaign and petition to support their legal efforts with other forms of advocacy.

International developments

The Pacific Conference of Churches (PCC) expressed concern over the recent brutal torture inflicted on indigenous Melanesians in West Papua by Indonesian military members. Rev James Bhagwan, PCC General Secretary called for Indonesia’s suspension or expulsion from the MSG if it refuses to facilitate a visit by the UN Human Rights Commission to West Papua.

The Permanent Peoples’ Tribunal (PPT) held a session on State and environmental violence in West Papua in London, from 27 to 29 June. A panel of judges heard from the victims of human rights violations and questioned experts to investigate and assess the environmental impacts of development in West Papua and the human rights violations linked to those practices.