Legal Aid Institute Papua Urges the State to Handle 40.819 Refugees

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JAYAPURA, SUARAPAPUA.com— The Legal Aid Institute (LBH) Papua urged the state to handle 57.817 refugees in the land of Papua. The refugees come from the Nduga, Lanny Jaya and Timika Regency.

According to records of Legal Aid Institute Papua which is obtained from the media, 40 thousand refugees were displaced out of their village because of the armed conflict between the West Papua National Liberation Army and the Indonesian Military/Police from 2018 to 2020.

The director of Legal Aid Institute Papua, Emanuel Gobai explains, tirto.id revealed that in Nduga, during 2019 recorded 37,000 people displaced and 241 people were killed. Radarpagi.com reveals 1.237 people displaced in Intan Jaya at the end of December to January. While kompas.com mention that the 1.582 displaced residents of Tembagapura District in this March.

“So from the data reported in the media, there are 40.819 refugees in Papua. Civilians displaced from their residence because of the armed conflict between the West Papua National Liberation Army and the Indonesian Military/Police. The number of refugees is not included 241 people who died in Nduga,” said Gobai to suarapapua.com on Thursday (3/12/2020) in the City of Jayapura, Papua.

Gobai said, due to the armed conflict between the Indonesian Military/Police with the West Papua National Liberation Army that has occurred since 2018 has risen too many law issues and Human Rights. One of them is the people displaced from their place of residence.

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According to Legal Aid Institute Papua, refugees in Papua were not handled well by the state through institutions of the state form such as the Indonesian Red Cross since 2018. In addition to the Red Cross, the Law (Law No. 1/2008) about the Red Cross is also still valid.

He rate, the state should implement the Law and the Government Regulation in Papua to handle the refugees due to the conflict.

Because the refugees meant in Article 1 (12), the Government Regulation No.7 Year 2019 about the implementing regulations of Law (Law No.1/2018) about the Red Cross is a person or group of people that were forced out of their homes for an uncertain time as a result of the devastating impact of disaster or conflict.

Thus, if the Government Regulation connected with the fact of the presence of people who become refugees due to the conflict in Nduga, Lanny Jaya and Timika Regency, then the handling of refugees due to the conflict is the responsibility of the state.

“The refugees of Nduga, in Wamena, practically handled by civil society and the Ministry of Social Service,” he said.

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Although the government through the Ministry of Social Service has given attention to the refugees Nduga in Wamena, Gobai questioned its legal basis. Therefore, the Ministry of Social Service should handle is a social conflict, not refugees because of armed conflict.

The Indonesian Red Cross Should Handle Refugees in Papua

Emanuel Gobay explain, with consider Law (Law No. 1/2018) about the Red Cross, the letters c mentioned that has ratified the Geneva Convention Year 1949 with Law (Law No. 59 /1950) on the participants the State of the Republic of Indonesia in the entire Geneva Convention on August 12, 1949, obliges the state to implement it in national legal systems.

With the Law (Law No. 59/1950), the rules of the derivatives stipulated in the Government Regulation No.7 Year 2019 of the implementing the regulation Law (Law No.1/2018) about the Red Cross which give the task to the Indonesian Red Cross for services refugees in the peacetime and the armed conflict with the principles of humanity, equality, neutrality, independence, volunteerism, universality, and others.

“On that basis, the Indonesian Red Cross should not stay silent. Because in the handling of refugees Nduga, the Indonesia Red Cross does not do anything. In the handling of refugees in the Intan Jaya and Timika Regency, the Indonesia Red Cross should move actively to help the refugees,” said Gobai.

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He considered, if the Indonesian Red Cross does not help the Intan Jaya and Tembagapura refugees, then the state through the government does not implement the Law (Law No.1/2018) about the Red Cross for refugees from Nduga Regency, Intan Jaya Regency, and Timika Regency, which amounted to 57.819 peoples.

By seeing at no action and movement from the Indonesian Red Cross to handle the refugees from Nduga, Lanny Jaya and Timika Regency, Legal Aid Institute Papua, asked president Joko Widodo to implement the Law (Law No.1/2018) about the Red Cross junction Government Regulation No.7 Year 2019 about the Implementing Regulations of Law (Law No.1 /2018) about the Red Cross in the handling of refugees Nduga, Lanny Jaya and Timika Regency.

“The Indonesian Red cross should immediately handle Nduga, Lanny Jaya and Tembagapura refugees by following the command of the Law about the Red Cross using a mechanism that is regulated in Government Regulation  No. 7 Year 2019 about the Implementing Regulations about Law (Law No.1/2018) about the Red Cross,” said Gobai.

Journalist: Ardi Bayage
Editor: Arnold Belau
Translator: Margi

 

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