Aliansi Demokrasi untuk Papua (Alliance of Democracy for Papua) YAYASAN KERJA SAMA UNTUK DEMOKRASI DAN KEADILAN

IA I D pi

Final Report

Enforcement of Legal and Human Rights Instruments in the Special Autonomy Law of Papua

(AIDP-TAPOL UK)

1. Context

The Special Autonomy Law (UU OTSUS) has been around Papuans for over nine years. Within the period, the special autonomy policy has been hoped capable of responding to a number of fundamental problems Papuans have gone through in the years before the policy enacted, particularly those related to native Papuans fundamental rights in the context of law and human rights. If we look back through those years, we could undoubtedly see

various types of discrimination Papuans suffered, either in education, economy or even in

experiencing justice. Take, for example, the victims of military operations, both in the form of Daerah Operasi Militer (Military Operation Region) program and military operations in particular period of time, who have not yet enjoyed justice up to this time.

This may be resulted from a perception that UU OTSUS is a mere effort to enhance law and human rights enforcement which have been considered ineffectively implemented. As stated in the preamble of the Special Autonomy Law letter f : ... "considering that government administration and developmental processes in Papua Province has not fully satisfied justice I welfare, law enforcement and they have not yet recognized human rights in Papua Province, particularly Papuan community" . Consequently, the Special Autonomy Law obviously confirms state obligations for fulfilling the need for human rights protection

JI. Raya Sentani Padang Bulan, Jayapura, Papua 99351 Indonesia

Telp/Fax. +62 967 587890 - Email: aldp.papua@gmail.com - website: hUp://andawat-papua.blogspot.com

particularly in the establishment of many institutions which are capable to provide law

assurance and human rights protection.

Articles containing legal and human rights instruments are clearly specified in the Special Autonomy Law (Article 32 (1) In order to enhance the effectivity of legal formulation and its implementation in Papua Province, an Ad Hoc Legal Commission shall be established. (2) Ad Hoc Legal Commission as referred to in paragraph (1) where its function, task, authority and composition of its members are regulated under Perdasi (Special Regulations). Article 45 (1) Govemment, Provincial Govemment, and Papuan community are obliged to uphotd, promote, protect and respect human rights in Papua Province. (2) In order to implement matters as referred to in paragraph (1)1 Government sets up a representative of the National Commission for Human Rightsl a Human Rights Court, and a Commission for Rightness and Reconciliation in Papua Province as per rules and regulations. Article 46 (1) In order to strengthen the unity of the people in Papua Province, the Commission for Rightness and Reconciliation is formed. (2) The task of Commission for Rightness and Reconciliation as referred to in paragraph (1) is: a. to clarify the history of Papua to strengthen its unity with the Unitary State of the Republic of Indonesia; and b. to formulate and decide on steps for reconciliation. (3) composition of the members, positlons, job descriptions. and fundings for Commission for Rightness and Reconciliation as referred to in paragraph (1) are regulated under Presidential Decree upon agreement from Governor.)

Ironically, for about nine years, the implementation of OTSUS in terms of institutionalizing legal and human rights instrument has not been optimally brought into realization. Thus far, only the Representative National Commission for Human Rights has been established (Article 45: 2) while the formation of Human Rights Court (Article 45 :2), Commission for Rightness and Reconciliation (Article 45: 2) and Legal Ad Hoc Commission (Article 32) have not yet been implemented. Efforts for law and human rights enforcement have only been oriented to maintaining criminal codes and are bound to focus on Law NO.39 of 1999 on

JI. Raya Sentani Padang Bulan, Jayapura, Papua 99351 Indonesia

Telp/Fax. +62 967 587890 - Email: aldp.papua@gmail.com - website: hUp://andawat-papua.blogspot.com

Human Rights and Law No. 26 of 2000 on Human Rights Court which are difficult to be implemented in Papua.

In relation to the fact, ALDP considers that it is fully central to carry out a short research to gather and find out perceptions as well as opinions in an effort to form and maximize the functions of human rights instruments in the Special Autonomy Law. Moreover, results of the survey will then be presented to many parties to consolidate and reformulate more concrete concepts in the form of workshops which finalized by writing a final report of the

survey.

Target Groups

Y Interview' s respondents were institutions and public figures which included: Head of the Department of Law and Human Rights of Papua, Papua Provincial Bureau of Law, Legislatures, Representatives of National Commission for Human Rights in Papua, Presidium of Papua Council, NGO activists, student activists, Youth Organizations, Religious figures, and Woman figures.

Y Participants of the Workshop included NGOs, academicians, representatives of students,

community organizations, representatives of religious institutions, government and press.

2. Description of activities

y The short study was under the theme "Identification of Legal and Human Rights Instruments Building in the Special Autonomy Law"

a. Objective:

Identifying problems and needs for the fulfillment of legal and human rights instruments in the Special Autonomy Law.

b. Phases:

• Daily meetings to illuminate program objective and specify individuals involved in the program

JI. Raya Sentani Padang Bulan, Jayapura, Papua 99351 Indonesia

Telp/Fax. +62 967 587890 - Email: aldp.papua@gmail.com - website: hUp://andawat-papua.blogspot.com

• Conducting internal workshop to identify respondents, interview methods, outline, and time line.

• Compiling documentation in the form of reading materials and other data to get general picture of human rights problems in Papua and efforts have been undertaken by groups or other institutions on the issue of the instruments in the Special Autonomy Law.

• Formulating targets of the result of the research according to the outline, so as to

have a specific and focused interview.

• Carrying out interviews with the stakeholders and potential individuals.

• Gathering and analyzing interview data.

• Conducting FGDs to strengthen studies between the interviews and the results gained in the form of interview data.

y Workshop Goal:

To gain confirmation, clarification and sharing of the result of the study with the stakeholders in order to formulate roles and steps for collective advocacy to strengthen and bring about legal and human rights instruments in the Special Autonomy Law.

3. Results gained

y The survey team was formed, consisting of four members who understand the program goal.

y 15 respondents were identified while program outline and time line were already designed.

y Obtaining documents from different sources including Special Autonomy Law, Drafts Law for Commission for Rightness and Reconciliation (RUU KKR) and National Action Plan for Human Rights 2004-2009 and various articles as to build good knowledge and view the

interview is conducted.

JI. Raya Sentani Padang Bulan, Jayapura, Papua 99351 Indonesia

Telp/Fax. +62 967 587890 - Email: aldp.papua@gmail.com - website: hUp://andawat-papua.blogspot.com

y The respondents were given chances to express their views on legal and human rights instruments in the Special Autonomy Law

y The respondents were also given chances to share stories around types of support they got in an effort to institutionalize legal and human rights instruments in the Special Autonomy Law.

y There was a short study which served to depict problems and needs in institutionalizing legal and human rights instruments in the Special Autonomy Law.

y Participants of the workshop gained results of the research presented by ALDP team.

y Participants of the workshop got the materials as enrichment and information from legislative assembly on views and steps the assembly has taken.

y Participants of the workshop were enriched with materials such as sharing experience

from several REPRESENTATIVES OF NATIONAL COMMISSION FOR HUMAN RIGHTS IN PAPUA (case study).

y Participants of the workshop were given chances to express their views on legal and human rights instruments in the Special Autonomy.

y Participants of the workshop could elaborate major facts and different views on types of support dealt with.

y Participants of the workshop have formulated forms of advocacy to strengthen legal and human rights instruments in the Special Autonomy Law.

4. Issues to share with other institutions

y Since the study was carried out, many parties have been involved for a hearing of opinions, views and suggestions on legal and human rights problems in Papua and steps for their resolutions.

y Results of the study were distributed at the workshop to all parties to intensify views and opinions from different parties.

y Group discussions at workshop had become a valuable medium for many parties to explore in deep over the issues of law and human rights and enforcement process.

y Results of the research and the workshop were distributed to many parties involved.

JI. Raya Sentani Padang Bulan, Jayapura, Papua 99351 Indonesia

Telp/Fax. +62 967 587890 - Email: aldp.papua@gmail.com - website: hUp://andawat-papua.blogspot.com

5. Obstacles

y Research facility such as recorder was found to prevent the team to carry out the

interview.

y Respondents were so occupied with their busyness that it was difficult for the team to meet and interview the respondents. Thus, the time for the interview went into

changes/longer period.

y At the same time many incidents appeared in Papua, for example controversy around SK MRP (MRP Decree) No 14 of 2009 and the shooting incident in Puncak Jaya. These

incidents caused many parties to find it was difficult for them to agree on giving priority when dealing with problems and to remain more focused, particularly in paying attention to the steps for the implementation of legal and human rights instruments in the Special Autonomy Law.

6. Appendixes

y Survey Report

y Minutes of the Workshop

y Result of the Group Discussion

Jayapura, 20 June 2010

Aliansi Demokrasi Untuk Papua (ALDP)

JI. Raya Sentani Padang Bulan, Jayapura, Papua 99351 Indonesia

Telp/Fax. +62 967 587890 - Email: aldp.papua@gmail.com - website: hUp://andawat-papua.blogspot.com

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