Oleh : Prof. Dr. Hafid Abbas The 8th Chairperson of the Indonesian National Human Rights Commission
On October 21, 2024, after General (Ret) Prabowo Subianto was inaugurated as the 8th President of the Republic of Indonesia, he formed the Ministry of Human Rights and appointed Natalius Pigai, the son of Papua and former Commissioner of the National Human Rights Commission as Minister in his Red and White Cabinet.
Such policy reminds me a historic decision on October 20, 1999, when KH Abdurrahman Wahid (Gus Dur) was elected as the 4th President of the Republic of Indonesia on October 21, 1999, he also formed the Ministry of Human Rights and appointed Hasballah M Saad, the son of Aceh, as Minister in the National Unity Cabinet. At that time, as the Vice Rector for Academic Affairs of Jakarta State University, I was also appointed by President Gus Dur as Deputy Minister at this ministry.
After the two historic decisions occurred within a quarter of a century, the dynamics of the Aceh Freedom Movement (GAM) have been resolved comprehensively through a peaceful dialogue mechanism in Helsinki between the Indonesian Government and GAM. Meanwhile, the problem of the separatism movement of the Free Papua Organization (OPM) in Papua appears to be no indication to an end, although the Aceh problem was obviously much more complicated.
Since the Helsinki MoU was successfully signed by both parties, Hamid Awaluddin representing the Government of the Republic of Indonesia and Malik Mahmud from the GAM side, on August 15, 2005 in Helsinki, there have been no more drops of blood to wet the land of Aceh. Although previously, during the three decade of conflict (1975-2005), as reported by Amnesty International (2015) there were 2-3 victims who died every day either from the civilian population or from the military (TNI-Polri) or GAM.
In such circumstances, suddenly on December 24, 2004, Aceh was greatly devastated by tsunami. The UN reported that there were 240 thousand deaths, more than half a million Acehnese lost their homes instantly, and had a bad impact on the lives of 158 million other people spread across 14 countries that were also devastated by the tsunami (UN Press Release 14/07/2005).
In addition to such huge casualties, it is estimated that Aceh’s economic losses are around USD 7.7 billion (ScienceDirect, 12/06/2021).
Under such devastating disaster, unexpectedly, GAM figures opened their consciences and minds to have a peaceful dialogue with the Government of the Republic of Indonesia. On the initiative of the Vice President of the Republic of Indonesia Jusuf Kalla, Aceh’s peaceful dialogue in Helsinki could be made. After a long dialogue process between the two parties, mediated by President Martti Ahtisaari, a peace agreement could be finally adopted. Three years later, in 2008, Ahtisaari won the Nobel Peace Prize for his role in mediating the realization of peace.
Toward a Peaceful Papua
As a lesson learned, since the adoption of Helsinki MoU, Aceh could gradually recover socially, economically, and politically to fully normal condition. If calculated, the MoU of almost two decades ago has indeed saved 14600-21900 lives, and prevented greater socio-economic losses if the conflict was to prolong.
To solve the Papuan problem if it will be pursued through peaceful dialogue, as a lesson learned, three issues could be taken from Aceh.
First, the Government of the Republic of Indonesia and OPM can adopt the Helsinki MoU model by presenting an independent mediator from within or outside the country. The Helsinki Agreement only contains six parts: the agreement on the implementation of government in Aceh; human rights; Amnesty and Reintegration of GAM into society; security arrangements; the establishment of the Aceh Monitoring Mission; and, the dispute resolution.
Those key areas of concerns have been discussed thoroughly and comprehensively by both sides prior to the adoption of their agreement.
Second, as the Head of the Indonesian Delegation at the 8th Session of the United Nations Permanent Forum on Indigenous Issues (PFII) in New York, May 18-29, 2009, since then until now, I have observed that the UN have highlighted more seriously various human rights issues in Papua and West Papua. On December 22, 2021, the UN Human Rights Council exposed various concerns to the Government of the Republic of Indonesia, such as:
“….We have received concerning the excessive use of force against indigenous Papuans in the Indonesian provinces of Papua and West Papua. We have received allegations indicating several instances of extra-judicial killings, including of young children, enforced disappearance, torture and inhuman treatment and the forced displacement of at least 5,000 indigenous Papuans by security forces between April and November 2021.”
Therefore, the Government needs to build a more conducive communication with the UN Human Rights Council by responding to various issues that have been exposed by the UN Special Rapporteurs and UN Experts related to forced disappearance, the Use of Excessive Violence, Torture, and Forced eviction; and, Internal Displacement of Indigenous Papuans (IDPs). On the website of the UN Human Rights Council, for example, the Special Rapporteur on the Rights of Papuan and West Papuan Indigenous Peoples, exposed 33 issues of concern (ohchr.org/sites/ filesIPeoples/SR/). Likewise, the views of UN experts related to various realities and concerns in Papua were also published in UN Press Released (03/01/2022)
Third, learning from the complexity of Papua’s problem, President Prabowo could assign one of his ministers who handle human rights issues in Papua. An interministerial taskforce with the involvement of academe communities and civil society organizations could be made inclusively. It seems that the the Coordinating Ministry for Law, Human Rights, Immigration and Corrections is the most related ministry as a focal point to address Papua issues.
Lastly, in commemoration of International Human Rights Day, December 10, President Prabowo could give amnesty to Papuans who have no trace record of criminal acts, but are now imprisoned due to their ignorance and have been caught as OPM members.
Hopefully the prolonged conflict in Papua and West Papua can be resolved as soon as possible peacefully, thoroughly, sustainably and with dignity for all for the greatness of the Republic of Indonesia now and in the future.
