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Human Rights
Abuses in Papua and West Papua
We, the undersigned organizations,
are concerned about the serious and ongoing
violations of Human Rights that are taking
place with impunity in the easternmost provinces
of Indonesia Papua and West Papua. The violations
of Human Rights have been well-documentedi
and have been brought to the attention of
Indonesia during the second round of the
UPR process. Thirteen nations made recommendations
to Indonesia with regard to the obligation
to respect human rights in Papua and West
Papuaii.
In 1963 the UN Temporary
Executive Authority transferred the administration
of Papua to Indonesia. In 1969 Indonesia
incorporated Papua through the UN sponsored
plebiscite of the so-called “Act of Free
Choice”. Since the beginning of its administration
of Papua, Indonesia has committed very serious
violations of human rights, similar to those
that took place in nearby Timor-Lesteiii.
The actions of the Free Papua Movement (Organisasi
Papua Merdeka, or OPM) that was founded
in 1965 to pursue autonomy, although normally
non-violent, have occasionally been violent.
The presence of small groups of armed resistance
who have made occasional attacks have been
used by the Indonesian Police, National
Army, Intelligence Services and paramilitary
forces as a justification for periodic massacres,
extrajudicial executions, forced disappearances,
arbitrary arrest and imprisonment, torture
and collective punishment. Additionally,
villages have been destroyed and whole communities
have been forced to resettle with practical
impunity.
The ongoing repression of
human rights, in Papua includes the passing
of laws that suppress freedom of the press,
freedom of speech and association. Peaceful
demonstrations are dispersed by force. In
many instances non-violent participants
have been arrested and tortured, while others
have been killed. Many prisoners have died
while in detention. According to data from
Papuans Behind Bars, the number
of political arrests has more than doubled
in 2013 as compared with the previous year.
Reports of torture and ill treatment of
political detainees have also increased.
Violations of civil, political, economic,
social and cultural rights are ongoingiv
Policies have been initiated
that have made indigenous Papuans disproportionately
suffer. Tribal lands have been confiscated;
natural resources have been exploited by
non-Papuans. From the 1970s Indonesia has
also encouraged the large scale transmigration
of settlers from other parts of the Indonesian
Archipelago to Papua. Nearly 80% of the
indigenous people now live in poverty without
access to medical care, safe drinking water
or education.
Prior to the annexation
of Papua in 1969, Indonesia began to negotiate
with multinational corporations allowing
them access to large tracts of lands to
carry out mining, logging, petroleum and
gas operations, and to create industrial
palm oil plantations. The expropriation
of indigenous land has provoked peaceful
protests that are often repressed by means
that violate their human rights.
We urge the Government of
Indonesia to implement the recommendations
that Indonesia accepted at its Periodic
Reviewv with
regard to respecting human rights in Papua
and West Papua, and to also reconsider the
recommendations that Indonesia rejected.
We make the following recommendations
to the Government of Indonesia:
-
Repeal or amend the
articles of the Indonesian Criminal
Code that have been used to criminalize
freedom of expression (e.g., Articles
106 and 110) to bring them in line with
international human rights standards.
-
Release all individuals
detained or imprisoned solely for the
peaceful exercise of their right to
freedom of opinion, belief, expression
and association, and to expunge any
criminal records based on prosecution
for such activities.
-
Publicly commit to respect
the right of all people to peacefully
and freely express their opinions and
beliefs and to exercise freedom of association.
-
To Commission independent
investigations into the many allegations
of human rights violations in the past
in Papua and West Papua. The investigations
should be comprehensive based on all
the evidence available. The results
should be published and made available
to local and international media.
-
Prosecute individuals
against whom there is sufficient evidence
of having committed serious violations
of human rights in the Indonesia Permanent
Human Rights Court.
-
Ratify and implement
the Optional Protocol to the Convention
Against Torture and to harmonize all
relevant Indonesian legislation into
conformity with this protocol and the
Convention itself.
-
Endorse Komnas HAM and
other independent human rights bodies
to investigate all reports of torture
and other ill treatment of people in
Papua over the last two years.
-
Ensure that the standards
established by Indonesian law regarding
prison conditions and the treatment
of prisoners are met, and to bring the
Indonesian standards into line with
the UN Standard Minimum Rules on the
Treatment of Prisoners.
-
Issue a standing invitation
to the UN Special Rapporteur on Freedom
of Expression, as well as other special
Rapporteurs who focus on other human
rights, to visit Papua and West Papua,
with unhindered access.
-
Immediately respond
to the request of Papuans for dialogue
to find a long-term peaceful solution
for the ongoing conflicts in Papua.
i
For example, Human Rights in West Papua
2013, Franciscans International and Human
Rights and Peace for Papua-ICP (www.humanrightspapua.org/images/docs/HumanRightsPapua2013-ICP.pdf
);
Amnesty International’s Papua Digest (http://www2.amnesty.org.uk/sites/default/files/amnesty_international_papua_digest_29-01-2011.pdf).
ii
UPR, 13th Session in 2012, Recommendations
and Pledges (http://www.uprinfo.
org/sites/default/files/document/indonesia/session_13_-_may_2012/recommendationstoindonesia2012.pdf)
Cf. A/HRC/21/7. (http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session21/A-HRC-217_en.pdf).
New Zealand, Germany, Canada, France, Republic
of Korea, Japan , Mexico, Australia , Switzerland,
United Kingdom, United States of America,
Italy and Norway made direct recommendations
regarding Papua and West Papua. Those that
were accepted by Indonesia are #108.42,
108.91, 108.95, 108.114, 108.115, 109.10.
Among the recommendations that were not
accepted by Indonesia are some that refer
to respecting Human Rights in Papua/West
Papua, such as: 109.15, 109.25, 109.30,
109.33. VIVAT International believes that
the rejected
recommendations remain valid benchmarks
for the Implementation of Human Rights,
even if Indonesia formally rejected them
as recommendations.
iii
Cf. UN Commission on Human Rights resolution
1993/97 (http://ap.ohchr.org/documents/alldocs.aspx?doc_id=4187)
iv
Cf. Human Rights in West Papua,
the third report of Human Rights and
Peace for Papua – the International Coalition
for Papua (ICP) covering events from October
2011 until March 2013, published by
ICP and Franciscans International, in June
2013; Amnesty International, Annual Report
2013 on Indonesia (http://www.amnesty.org/en/region/indonesia/report-2013);
Indonesia: Stalled Reforms: Impunity, Discrimination
and Security Force Violations in Indonesia
-- Amnesty International Submission to the
UN Universal Periodic Review, May-June 2012
(http://www.amnesty.org/en/library/asset/ASA21/003/2012/en/10658fe3-4d18-4101-9039-374f7c93e635/asa210032012en.pdf)
v
UPR, 13th Session in May 2012 (A/HRC/21/7).
Submitted by:
VIVAT International
With the support of:
Franciscans International
Salesian Missions
Endorsed by:
1. Augustinians International
2. Congregations of St.
Joseph
3. Christian Solidarity
Worldwide
4. East Timor and Indonesia
Action Network
5. Foundation Pro Papua
6. Human Rights and Peace
for Papua - The International Coalition
for Papua (ICP)
7. Int’l Presentation Association
of the Sisters of the Presentation of the
Blessed Virgin Mary
8. JPIC Kalimantan– Indonesia
9. JPIC OFM – Indonesia
10. PADMA Indonesia
11. Papuan Voices
12. Passionists International
13. Pax Romana Asia Pasifik
14. Pax Romana ICMICA/MIIC
15. Pazifik Netzwerk
16. Predikant
17. Society of Catholic
Medical Missionaries
18 .TAPOL
19. The Grail
20. VIVAT International-Indonesia
21. Watch Indonesia
22. West Papua Netzwerk
23. Yayasan Pusaka
See also
