RI telah menandatangani dan meratifikasi berbagai konvensi internasional, misalnya : “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, sekalipun demikian tidak berubah perlakuan TNI dan Polri, teristimewa di Papua dan Maluku. Ini yang dikatakan oleh wakil Salomon di sidang umum PBB pada first reply : http://webtv.un.org/search/solomon-islands-first-right-of-reply-/5141621665001?term=Iran,%20right%20of%20reply
http://www.thejakartapost.com/news/2016/10/01/fm-dismisses-pretty-diplomat-furor.html FM dismisses ‘pretty diplomat’ furor a.. The Jakarta Post | Sat, October 1 2016 | 09:33 am Nara Masista Rakhmatia - Tribunnews.com The Foreign Ministry on Thursday brushed off concerns that Indonesia had insulted no fewer than six Pacific Island heads of state, following a viral video of a junior diplomat trashing their allegations of human rights violations in Papua and West Papua during the recent UN General Assembly (UNGA). Social media users this week have been agog over the UNGA session where Nara Masista Rakhmatia, the second secretary at Indonesia’s permanent mission to the UN, responded to last Saturday’s speeches of the heads of state of Solomon Islands, Vanuatu, Nauru, Marshall Islands, Tuvalu and Tonga. “Nara was speaking using the right of reply on Saturday [Sept. 24], which was after the heads of state had finished giving their statements. She didn’t speak during the session of the heads of state,” ministry spokesman Arrmanatha Nasir said. The 71st UNGA was held in New York from Sept. 19 to 29. Many viewers of the video of the “pretty young diplomat”, viewed almost 200,000 times on Youtube as of Friday afternoon, praised Nara’s response, saying it had “checkmated” or “crushed” the heads of state. Among other things, the Indonesian diplomat said criticism against Indonesia amounted to “interference” and encouraged separatism in the two provinces. However, others questioned why the ministry had assigned a lower-ranking diplomat to respond to the heads of state, which could be interpreted as a deliberate insult to them and their countries. Furthermore, reports on Friday said Nara was drawing fury from “separatists”, who cited repeated and unresolved human rights violations against residents of Papua and West Papua. Evi Fitriani, a lecturer of international law at the University of Indonesia (UI), said Indonesia had not violated any convention, “but diplomatically there is this rule of reciprocity, that if a head of state says something, the response shall come from another head of state” or at least from a high-ranking official. She added it was legally acceptable, “but not diplomatically appropriate” for Indonesia to have the second secretary deliver the responding statement. Arrmanatha said Nara’s response was “Indonesia’s position, which has been discussed thoroughly” within the ministry. “It doesn’t matter who says it. Whoever conveys the message, it is still Indonesia’s position,” he said. For the country’s diplomats, he added, “the unitary state of the Indonesian Republic is a fixed price” where interference in Indonesia’s sovereignty and separatism is unacceptable. Hikmahanto Juwana, another international law expert, said it was normal for Nara, as a diplomat in the Indonesian delegation, to convey the reply. “It was an Indonesian voice,” he said on Friday. On Monday, Australia’s state broadcaster ABC quoted Solomon Islands Prime Minister Manasseh Sogavare as saying at the UN General Assembly, “Human rights violations in West Papua and the pursuit for self-determination of West Papua [Papua] are two sides of the same coin.” “Many reports on human rights violations in West Papua emphasize the inherent corroboration between the right to self-determination that results in direct violation of human rights by Indonesia and its attempts to smother any form of opposition.” Nara said such criticism “only reaffirmed the persistent violation of […] the UN Charter by blatantly interfering in the internal affairs of other states, violating the sovereignty and territorial integrity of other nations.” The Indonesian government has previously said it is examining 22 cases of alleged human rights violations in Papua, three of which it hopes to complete by the end of this year. Critics say the government persistently approaches issues relating to Papua with policies that rely heavily on doling out money while ignoring human rights abuses. The alleged failure of Papua’s special autonomy has given rise to attempts to support independence movements, particularly from Pacific nations. (vny) ++++ http://www.thejakartapost.com/academia/2016/09/29/listening-to-the-pacific-beat-on-papua.html Listening to the Pacific beat on Papua a.. Budi Hernawan Jakarta | Thu, September 29 2016 | 08:07 am Defiance: A Papuan activist shouts slogans during a demonstration to commemorate the West Papuan declaration of independence from Dutch rule in Jakarta on Dec. 1, 2015. The Police fired tear gas to disperse more than 100 Papuan protesters during the rally.(JP/DMR) In an unprecedented move, seven UN member states from the Pacific raised their concerted voices on Papua during the prestigious 71st session of the UN General Assembly in New York this week. Nauru started the intervention by highlighting the issue of human rights violations in Papua, followed by a newcomer in the discourse of Papua: the Marshall Islands. Vanuatu, Tuvalu and the Solomon Islands followed suit and went one step further by specifically highlighting the issue of the right to self-determination for Papuans. Tonga emphasised the gravity of the problem and Palau, another novice, called for constructive dialogue with Indonesia to solve the Papua issue. This was a historic moment for us as we have never had such unified high-profile intervention when it comes to the issue of Papua at the UN. Perhaps the only lone ranger used to be Vanuatu, which tried to break the silence of the UN fora. This week’s debate at the UN General Assembly might remind us of a similar but much more colorful debate on Papua at the assembly in 1969, when the forum decided to close the chapter on Papua by accepting the result of the Act of Free Choice. If in 1969 some African countries expressed opposition to the assembly’s decision to adopt the result of the 1969 Act of Free Choice for Papuans, today the Pacific nations are taking the lead. Indonesia’s response, however, was highly predictable. Repeating the slogan of territorial integrity and sovereignty, the government’s response unfortunately does not provide us with facts and evidence of the improvement in the human rights situation in Papua. It may be remembered that President Joko “Jokowi” Widodo promised to solve the killing of four high-school students in Paniai on Dec. 8, 2014. The investigation into the case has been delayed for almost two years and we have not seen much progress. The families of the victims recall that at least eight government institutions sent their respective fact-finding team to interview victims on the ground and personnel of the Army, the Papua Police, the National Police, the Air Force, the Papua Legislative Council, the Witness and Victim Protection Agency (LPSK), the Office of Coordinating Security, Political and Legal Affairs Minister, the National Commission on Human Rights (Komnas HAM). None of these teams, however, has ever published their report for public consumption. Similarly, the dossiers on the Wasior killings of 2001 and the Wamena case of 2003 have been pending for more than a decade at the Attorney General once Komnas HAM finished its investigation. These were not ordinary crimes but crimes against humanity, one of the most serious crimes punishable by Indonesian and international law. Unfortunately, both Komnas HAM and the Attorney General’s Office have argued over evidence and procedure for years. Komnas HAM insists that it has provided conclusive evidence and has followed proper procedure. On the other hand, the Attorney General’s Office has argued that Komnas HAM has not met the requirement of a pro-justice investigation as investigators did not take an oath as required by the Criminal Law Procedures Code. Both institutions have overlooked the fact that victims continue to suffer. Memories are still fresh on the surge in the arrests of Papuan youth when they took to the streets to express their opinions in public despite a constitutional guarantee of the right to do so. The Jakarta Legal Aid Institute (LBH Jakarta) documented that at least 4,587 individuals, men and women, were arrested by the police for expressing their political views in 13 cities, namely Dekai, Fakfak, Jakarta, Jayapura, Kaimana, Makassar, Malang, Manado Manokwari, Merauke, Sentani, Wamena and Yogyakarta. While most of the arrestees were released within 24 hours, the deployment of police in 13 jurisdictions across the country would not have been possible without the blessing of the National Police top brass. While we were grappling with human rights conditions in Papua, we were shocked by the President’s decision to appoint Gen. (ret) Wiranto as the coordinating political, legal and security affairs minister. In February 2003, the UN-sponsored Special Panels for Serious Crimes of the Dili District Court, Timor Leste, indicted Gen. Wiranto, then the Indonesian defense and security minister and Indonesian Armed Forces (ABRI) commander for crimes against humanity in connection with the events in Timor Leste in 1999. As we were yet to recover from the President’s unfathomable choice, we were presented with another unprecedented decision when the Indonesian Military TNI chief named Maj. Gen. Hartomo to lead the military’s Strategic Intelligence Agency (BAIS). Hartomo was the commander of the Army’s Special Forces (Kopassus) Tribuana X unit assigned to Papua when Theys Eluay was murdered. Hartomo and six other Kopassus officers were charged with Theys’ murder on National Heroes Day in 2001. He and his team were found guilty and sentenced to three years in prison by the Surabaya Military Court and discharged from the Army. These all are simple facts that tell us the way our government commits to human rights in Papua and elsewhere, which the Indonesian delegation to the UN General Assembly describes as “robust and active”. ______________________________ The writer, who obtained his PhD from the Australian National University, lectures in international relations at the Paramadina Graduate School of Diplomacy, Jakarta.
