Indonesia

• Indonesia: Solidarity for Human Rights Defenders Fatia Maulidiyanti and Haris Azhar

   

  

  The undersigned organisations, human rights groups, and defenders are calling for the Indonesian Government to end its judicial harassment against prominent human rights defenders, Fatia Maulidiyanti and Haris Azhar as well as to further protect all human rights defenders in the country.

  
  Fatia and Haris’ Indictment
  Fatia is the former coordinator of the Commission for the Disappeared and Victims of Violence (KontraS) from 2020 to 2023; meanwhile, Haris is the co-founder of Lokataru Foundation. They are both facing a defamation charge under Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the Electronic and Information Transaction (EIT) Law.

  
  Fatia and Haris have experienced 28 hearings since 3 April 2023. During the indictment reading on the 28th hearing on 12 November, the lead prosecutor advised the Court to sentence Fatia to three years and six months in prison alongside a fine of 500,000 rupiah (USD32), and Haris to four years in prison alongside a fine of one million rupiah (USD65). The latter is the maximum punishment set under the (EIT) law.

  
  The case was brought by Luhut Binsar Pandjaitan, the Coordinating Minister of Maritime and Investment Affairs, after the duo appeared on Haris’ YouTube channel to discuss a report alleging the involvement of several national and multinational companies in mining operations in Intan Jaya, Papua. The allegations included those affiliated with political figures such as Panjaitan.

  
  ‘We are extremely concerned about the indictment of Fatia and Haris as this reveals just how dangerous it is to be a human rights defender in Indonesia. For merely speaking truth to power, seeking justice and accountability, and expressing evidence-based criticisms against the government, the likes of Fatia and Harris are being silenced. Such judicial harassment would have never happened in a healthy democratic context. Fatia and Harris’ ordeal reveals the deterioration of Indonesia’s civic and democratic space,’ the groups said collectively.

  
  Breaching international obligation
  The ongoing criminalisation of Fatia and Haris is in contravention with several of Indonesia’s international commitments, including the International Covenant on Civil and Political Rights (ICCPR). Instead of upholding people’s right to freedom of expression, the government chose to deploy defamation charges against Fatia and Harris. Indonesia has also breached its pledge–made upon its reelection as a member of the United Nations Human
  Rights Council from 2024 to 2026–to preserve the fundamental civil and political rights of all persons.

  
  Call for Action
  The criminalisation of Fatia and Haris for simply criticising a government official is a breach of Indonesia’s obligation to uphold people’s fundamental freedoms–especially free expression– under the ICCPR. Such criminalisation not only undermines the work of human rights defenders, but also creates a chilling effect on free speech and dissenting voices. Therefore, leading to the verdict, scheduled to be given on the 18th December, it is imperative for all stakeholders–including the international community and general public–to urge the Court to acquit Fatia and Haris of all charges and for the government to immediately end judicial harassment against the defenders.

  
  ‘We are in solidarity with Fatia and Haris. We cannot remain silent. The work of human rights defenders is and will always be essential to upholding democracy and human rights for all. We call on the Indonesian Government to stop its criminalisation of defenders and to refrain from enacting further harm against them,’ the groups voiced together.

  Signatories:
  1. Agora International Human Rights Group
  2. Ain o Slaish Kendra (ASK)
  3. Aliansi Jurnalis Independen (AJI)
  4. ALTSEAN-Burma
  5. Amnesty International Indonesia
  6. ANTI
  7. Anti Death Penalty Asia Network (ADPAN)
  8. ASEAN Regional Coalition to #StopDigitalDictatorship
  9. ASEAN SOGIE Caucus
  10. ASEAN Youth Forum
  11. Asia Alliance Against Torture (A3T)
  12. Asia Democracy Network
  13. Asia Justice and Rights (AJAR)
  14. Asian Federation Against Involuntary Disappearances (AFAD)
  15. Asian Forum for Human Rights and Development (FORUM-ASIA)
  16. Asosiasaun HAK (Timor-Leste)
  17. AWAM Pakistan
  18. AwazCDS-Pakistan
  19. Banglar Manabadhikar Suraksha Mancha (MASUM) India
  20. Bir Duino
  21. Bytes for All, Pakistan (B4A)
  22. Canadian Civil Liberties Association
  23. Capital Punishment Justice Project (CPJP)
  24. Centre for Human Rights and Development (CHRD)
  25. Centro de Estudios Legales y Sociales (CELS)
  26. CIVICUS: World Alliance for Citizen Participation
  27. Civil Society and Human Rights network (CSHRN)
  28. Commission for the Disappeared and Victims of Violence (KontraS)
  29. Community Resource Centre (CRC)
  30. Cross Cultural Foundation (CrCf) Thailand
  31. DAKILA
  32. Defence of Human Rights Pakistan
  33. DeJusticia Colombia
  34. Dignity-Kadyr-kassiyet (KK)
  35. Egyptian Initiative for Personal Rights
  36. ELSAM
  37. Ensemble contre la peine de mort (ECPM)
  38. FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
  39. Franscisans International
  40. Frontline Defenders
  41. Harm Reduction International
  42. Human Rights and Development Foudation (HRDF) Thailand
  43. Human Rights Defenders’ Alert – India (HRDA)
  44. Human Rights Hub (HRH)
  45. Human Rights Law Centre (HRLC) Australia
  46. Human Rights Law Network (HRLN) India
  47. Human Rights Lawyers Association Thailand
  48. Human Rights Watch
  49. Human Rights Working Group (HRWG)
  50. Humanis
  51. Imparsial
  52. Indonesia Legal Aid Foundation (YLBHI)
  53. INFORM Human Rights Documentation Centre
  54. Initiatives for International Dialogue (IID)
  55. International Network of Civil Liberties Organizations (INCLO)
  56. Judicial System Monitoring Program (JSMP)
  57. Karapatan Alliance Philippines (KARAPATAN)
  58. La'o Hamutuk
  59. Law and Society Trust (LST)
  60. League for the Defence of Human Rights in Iran (LDDHI)
  61. Legal Aid and Human Rights Association (PBHI)
  62. Legal Resource Centre (LRC)
  63. Liberty — United Kingdom
  64. Madaripur Legal Aid Association (MLAA)
  65. Maldivian Democracy Network (MDN)
  66. Manushya Foundation
  67. Medical Action Group (MAG) Philippines
  68. Milk Tea Alliance Indonesia (ID Milk Tea)
  69. Milktea Alliance - Friends of Myanmar
  70. MUSAWI Pakistan
  71. National Commission for Justice and Peace (NCJP)
  72. New Naratif
  73. Odhikar Bangladesh
  74. People’s Watch – India
  75. People's Solidarity for Participatory Democracy(PSPD)
  76. Philippine Alliance for Human Rights Advocates (PAHRA)
  77. Programme Against Custodial Torture and Impunity (PACTI)
  78. Progressive Voice
  79. PurpleCode Collective
  80. Pusat KOMAS
  81. Pusat Studi Hukum dan Kebijakan (PSHK)
  82. Refugee and Migratory Movements Research Unit (RMMRU)
  83. RRR Collective
  84. Safety and Risk Mitigation Organization (SRMO)
  85. SHAPE-SEA
  86. South Asia Youth Network (SAYN)
  87. Southeast Asia Freedom of Expression Network (SafeNet)
  88. Sri Lanka Democracy Network (SLDN)
  89. Suara Rakyat Malaysia (SUARAM)
  90. Task Force Detainees of the Philippines (TFDP)
  91. The Asia Alliance Against Torture (A3T)
  92. The Awakening – A Society for Social & Cultural Development
  93. The Human Rights Measurement Initiative (HRMI)
  94. The Hungarian Civil Liberties Union
  95. The Indonesian Legal Aid and Human Rights Association (PBHI)
  96. The Irish Council for Civil Liberties (ICCL)
  97. Think Centre
  98. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
  99. YAPPIKA

  
  For media inquiries, please contact:
  • Communication and Media Programme, FORUM-ASIA,

• Indonesia: Submission to the UN Human Rights Committee on the deterioration of civic space

  CIVICUS has submitted a report to the UN Human Rights Committee on the state of civic space in Indonesia ahead of its review of the state’s implementation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) on 11 March 2024.

  In the submission, CIVICUS documented the ongoing restrictions, criminalisation, harassment and threats of activists and journalists including those who were charged under Electronic Information and Transaction (Informasi dan Transaksi Elektronikor ITE) Law, that was passed in 2008. The law has been used to arrest, harass, prosecute and punish people for peacefully exercising their freedom of speech, including activists and journalists. The Indonesian authorities have also used Article 106 (treason) and Article 110 (conspiracy to commit treason) of the Criminal Code to prosecute dozens of political activists for their peaceful expression.

  The submission also highlights law and policies that are still used to restrict protests in Indonesia. Further,the new Criminal Code passed in December 2022 outlaws unsanctioned public demonstrations deemed to be disturbing public order. The submission also highlights incidents where the authorities have forcibly dispersed protests and arbitrarily arrested protesters. In some cases, unnecessary and excessive force and firearms were used, leading to injuries and deaths. In most cases, no one has been held accountable or only administrative sanctions have been imposed.

  The submission highlights how the Law No. 17/2013 on Societal Organisations falls short of international law and standards and documents the ongoing criminalisation of human rights defenders especially in Papua. Human rights groups have faced acts of intimidation by the police including visits to their offices while civil society gatherings have been cancelled due to threats from fundamentalist groups. There have also been digital attacks against students, academics, journalists and activists to spread fear and silence critical voices.

  The submission calls on the UN Human Rights Committee to make a series of recommendations including: 

  • Ensure freedom of expression and media freedom by bringing all national legislation, particularly the new Criminal Code, into line with international law and standards.
  • Repeal laws around criminal defamation, including Article 27 para (3) on defamation of the ITE Law and Article 156a of the Criminal Code, in order to bring them into line with ICCPR Article 19 and other international law and standards in the area of freedom of expression.
  • Repeal Article 256 of the new Criminal Code and amend Law No. 9 of 1998 on Freedom of Expressing Opinions in Public and the Regulation of the Head of the State Police of the Republic of Indonesia No. 9 of 2008 in order to guarantee fully the right to freedom of peaceful assembly.
  • Immediately and impartially investigate all instances of extrajudicial killings and excessive force committed by security forces in the context of protests.
  • Repeal restrictive provisions of the Law on Societal Organisations to remove undue restrictions on freedom of association, to bring it into compliance with the principles of due process of law and ICCPR Articles 21 and 22.
  • Take measures to foster a safe, respectful and enabling environment for civil society, including by removing legal and policy measures and practices that unwarrantedly limit freedom of association.

  More information

  Download the Indonesia research brief here.

  Indonesia is currently rated Obstructed  by the CIVICUS Monitor.

• Indonesia: Unilateral renewal of Special Autonomy and arbitrary arrest of protesters in West Papua

  CIVICUS and TAPOL regret the revision and renewal of the Special Autonomy Law in West Papua (Papua and West Papua Provinces), which further strips critical aspects of decentralisation and autonomy for the region. We are also extremely concerned about the arbitrary arrest of people protesting the renewal and forcible disruptions of protests.  Despite such protests and the lack of consultation with the people of West Papua, the law was passed by the Indonesia House of Representatives on 15 July.

  

  Demonstrations held in the last week marked the latest in a series of protests by West Papuans opposing the Indonesian government's decision to extend Special Autonomy status and demanding an internationally supervised independence referendum. Police arrested 23 students and activists in Jayapura on 14 July 2021, and four protesters were injured. On 15 July, 18 demonstrators were arrested in Kaimana, West Papua, and a protest in Manokwari was blocked. Another 50 protesters were arrested and beaten in front of the House of Representatives in Jakarta on 15 July just prior to the passage of the law.

  We call on the Indonesia authorities to halt their repression of peaceful protest against the extension of the Special Autonomy Law. The right to peaceful protest is an essential part of a democracy, which Indonesia needs to immediately realise in West Papua. 

  The Special Autonomy Law in West Papua was first enacted in 2001 and has now been extended for another 20 years, with some concerning new amendments. The originally-enacted law had itself long been rejected by many West Papuans as failing to realise meaningful autonomy. 

  Eighteen articles of the revised law were amended and two articles were added, with serious implications for issues of decentralisation and autonomy. According to Article 76, the central government can now decide on the creation of new regencies and districts. This has been opposed by many West Papuans because it could lead to further marginalisation and militarisation in the region. Two sections of Article 28 were omitted, which removed the right to form local political parties. A new rule is now in place that the vice president will have an office in the provinces to oversee the implementation of the Special Autonomy Law.

  

  The Papuan People’s Assembly (Majelis Rakyat Papua/MRP) was excluded from the amendment discussions despite its inclusion in consultations being explicitly required by the law. The MRP had stated that the renewal is not the wish of West Papuan people. The Papuan People’ Petition (Petisi Rakyat Papua/PRP), which consist of 112 mostly Indigenous groups, collected 714,066 grassroot West Papuans’ signatures against Special Autonomy.

  The unilateral decision by the Government of Indonesia to revise and extend the Special Autonomy Law is a flagrant violation to the right to self-determination of West Papuan people.

  We urge the President of Indonesia Joko Widodo to issue a regulation in lieu of law (Peraturan Pemerintah Pengganti Undang-undang/Perppu) to annul the Special Autonomy Law. Instead of forcing this extension, the authorities should instead hold meaningful consultation with the West Papuan people to address their grievances, deal with the injustices they have faced and to seek an end to the conflict. This includes releasing all political prisoners detained for their activism including Victor Yeimo, ending the harassment of human rights defenders, activists, students and others in Papua and ensuring that all serious crimes committed by Indonesian security forces are investigated, findings made public and that victims and their families receive reparations.

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  CIVICUS: World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society around the world. Founded in 1993, CIVICUS has more than 10,000 members in more than 175 countries throughout the world.

  TAPOL campaigns for human rights, peace and democracy in Indonesia. We are based in the UK and work to raise awareness of human rights issues in Indonesia, including in the contested territory of West Papua. Founded on grassroots campaigning, TAPOL works closely with local organisations in West Papua and Indonesia to advocate for truth and justice and encourage the international community to take action. 

• Joint statement on Human rights crisis in West Papua, Indonesia

  Statement at the 49th Session of the UN Human Rights Council

• Joint Universal Periodic Review (UPR) Submissions on Civil Society Space

  CIVICUS makes UN Universal Periodic Review (UPR) submissions on civil society space in Algeria, Brazil, Ecuador, India, Indonesia, Philippines, Poland, South Africa, Tunisia, United Kingdom of Great Britain and Northern Ireland.

  The United Nations Human Rights Council's Universal Periodic Review is a unique process which involves a review of the human rights records of all 193 UN Member States once every 4.5 years.

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  CIVICUS and its partners have submitted UN Universal Periodic Review (UPR) submissions on ten countries in advance of the 41^st UPR session in October-November 2022, which marks the beginning of the 4^th UPR cycle. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 3^rd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations. 

  Algeria  -  See consolidated report | See full version in English: The submission by CIVICUS, Cairo Institute for Human Rights Studies, ARTICLE 19, Front Line Defenders, FIDH, MENA Rights Group, the Algerian League for the Defence of Human Rights (LADDH), SHOAA, and Alter’Solidaire highlights our concerns around the use of violence and restrictive legislation limiting freedom of expression and targeting protesters.  It also documents the arrests of journalists, the targeting of civil society organisations and the attacks on human rights under the pretext of countering terrorism. 

  Brazil - See consolidated report | See full versions in English and Portuguese: CIVICUS and Instituto Igarapé examine the deterioration of civic space in Brazil, highlighting legal and extra-legal measures that have restricted freedom of expression and the participation of civil society in policymaking. The submission shows that violence against human rights defenders and journalists is widespread and continues to take place with impunity as the environment for civil society worsens.

  Ecuador - See consolidated report | See full versions in English and Spanish: CIVICUS and Fundación Ciudadanía y Desarrollo (FCD) assess the important reforms removing legal restrictions on the freedoms of association and expression in Ecuador, while also highlighting the lack of institutional mechanisms to protect and promote an enabling environment for civil society, human rights defenders (HRDs) and journalists. We discuss the recurrent judicial harassment, criminalisation and violence of these actors and the repeated repression of protests. 

  India - See consolidated report | See full version in English: This submission by CIVICUS and Human Rights Defenders Alert – India (HRDA) highlights the continued use of the draconian Foreign Contributions Regulation Act (FCRA) by the authorities to target CSOs, block foreign funding and investigate organisations that are critical of the government. It also documents the continued judicial harassment of human rights defenders and journalists and the use of repressive security laws to keep them detained as well as restrictions on and excessive use of force against protesters.

  Indonesia -  See consolidated report | See full version in English: In this UPR submission, CIVICUS, The Institute for Policy Research and Advocacy (ELSAM), and YAPPIKA-ActionAid highlight, among other issues, the implementation of legal restrictions concerning civic space and fundamental freedoms, increased scrutiny and excessive use of force by authorities to control both offline and online civic space and the heightened repression against marginalised groups including people from and who work on the issue of Papua/West Papua.

  The Philippines - See consolidated report | See full version in English: In this joint submission, CIVICUS and Karapatan detail systematic intimidation, attacks and vilification of civil society and activists, an increased crackdown on media freedoms and the emerging prevalence of a pervasive culture of impunity in the Philippines over the last five years. Often, crackdowns have taken place under the guise of anti-terrorism or national security interests. We further note that a joint programme on human rights between the Philippines and the UN established in July 2021 has not, to date, resulted in any tangible human rights improvement.

  Poland - See consolidated report | See full version in English: CIVICUS and the Committee for the Defence of Democracy – Komitet Obrony Demokracji (KOD) highlight our concerns of the dismantling of judicial independence and the rule of law by the ruling Law and Justice (PiS) Party, which has been used as a tool to violate civic freedoms. In this joint submission we examine cases of women HRDs (WHRDs) advocating for reproductive justice and LGBTQI+ defenders who are facing judicial harassment and intimidation. In addition, we assess the state of freedom of expression, with repeated attempts to diminish media independence through restrictive legislation, government allies acquiring ownership of major media outlets and the filing of Strategic Lawsuits Against Public Participation (SLAPPs) against independent media.

  South Africa - See consolidated report | See full version in English:  In this joint submission, CIVICUS, Human Rights Institute of South Africa (HURISA) and the Centre for the Study of Violence and Reconciliation (CSVR) highlight threats, intimidation and attacks against human rights defenders (HRD), in particular women HRDs (WHRDs) and those defending land and environmental rights, housing rights and whistleblowers. Furthermore, the submission addresses concerns over the continued use of force by security forces in response to protests and legal restrictions which undermine the freedom of expression and opinion.

  Tunisia – See consolidated report | See full version in English: In this submission, CIVICUS and the Arab NGO Network for Development (ANND) highlight the increased deterioration of civic space in Tunisia, particularly since July 2021, when President Kais Saied suspended the parliament. Activists and journalists have faced increased attacks, prosecution and arrests, while access to information has been limited and media outlets have faced restrictions. In addition, the submission examines the government’s attempts to introduce restrictive legislation that could unduly limit the right to association.

  The United Kingdom – See consolidated report | See full version in English: CIVICUS highlights our concerns on the UK government’s repeated attempts to unduly restrict the right to the freedom of peaceful assembly. We examine how the Police, Crime, Sentencing and Courts Bill (PCSCB), introduced in March 2021, seeks to unduly limit this right. We discuss cases in which protesters advocating for climate justice and racial justice have faced undue restrictions, including detentions and excessive force. We also highlight how several laws have been used to unduly limit press and media freedoms.

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  Civic space in the United Kingdom is rated as Narrowedby the CIVICUS Monitor. In Brazil, Ecuador, Indonesia, Poland, South Africa, Tunisia it is rated as Obstructed,whereas in Algeria, India, The Philippines civic space is rated as Repressed. 

• Letter from Jail: West Papuan activists speak about their prosecution in Indonesia

  CIVICUS has received letters from Dano Anes Tabuni and Charles Kossay around their arrest and detention.

  Political activists Dano Anes Tabuni, Charles Kossay, Ambrosius Mulait, Isay Wenda, Ariana Lokbere and Surya Anta Ginting - were accused of supporting separatism and arrested between 30th and 31st August 2019 by the Jakarta Regional Police Force after organising a peaceful pro-independence protest on West Papua in front of the Presidential Palace in Jakarta.

  They were all subsequently charged with “rebellion” (makar) under Articles 106 and 110 of the Criminal Code. Article 106 of the Criminal Code authorises the authorities to sentence a person “to life imprisonment or a maximum of twenty years imprisonment for makar with the intent to bring the territory of the state in whole or in part under foreign domination or to separate part thereof”. Their trial is ongoing, and they are currently being detained at Salemba detention center in Central Jakarta

  The Indonesian authorities have used these criminal code provisions to prosecute dozens of peaceful pro-independence political activists in West Papua over the last two decades. Despite continued promises by President Joko Widodo to address the grievances of West Papuans, they continue to face discrimination, exploitation and repressive actions by the Indonesian security forces.

  Letters from Dano Anes Tabuni and Charles Kossay:

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  To all who are in solidarity with us everywhere in the international community.

  Some time ago, in August [2019] while the Indonesian people were celebrating the annual Independence Day, at the same time all Papuans including Papuan students were hurled with racist remarks. These acts have hurt us and offended the dignity of the Papuan people.

  In response to these remarks, all Papuans including students carried out peaceful actions in several regions in Indonesia, as we carried out in Jakarta.

  But after expressing our opinions in public we were discriminated against, arrested and imprisoned. This occurred even though our demonstrations were peaceful and without violence, did not cause damage of public facilities and did not affect the government which operated as usual.

  We have faced all forms of oppression as a people that are voiceless and have been weakened in all aspects of life.

  Myself, as a Papuan political prisoner in Salemba prison, request for support from all actors so that the West Papuan problem that continues to affect our humanity can be resolved properly and all those of us in detention can be released.

  -- Charles Kossay

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  The law in Indonesia can be bought with money, as long as we have a lot of money. The ‘Pancasila’ (state ideology) values that are admired by the world have never been implemented in our society. If I have a lot of money, then I can buy Indonesian law to defend all of Papuan political prisoners. Social justice is for all Indonesian people from Aceh to Ambon, so it is only natural that Papua political prisoners should also get justice.

  I was imprisoned because there are causes and consequences. What about the perpetrators of racism in Surabaya who should have been punished by law in accordance with Law No. 40 of 2008, concerning the elimination of racial discrimination? Instead, I and my friends were accused of treason, and are facing a sentence of 20 years to a lifetime of imprisonment, even though we did not commit any crime.

  I hope that the international community will be able to defend me together with my friends and all Papuan political prisoners because we want the violence to end in Papua. We defend justice, peacefully and with dignity. We also understand that ending racism, discrimination, terror, murder, rape, kidnapping, torture and injustice will on happen when there is independence for the people of West Papua. Because of that the international community as well as Indonesians who care about humanity must support the independence of the Papuan nation.

  I believe all international and national engagement must lead towards the right of self-determination for the people of West Papua.

  -- Dano Anes Taibuni

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  Civic space in Indonesia is rated as Obstructed by the CIVICUS Monitor

• LGBTQI RIGHTS: ‘There is an ongoing desire among many to more closely regulate morality’

  As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to T King Oey, an Indonesian capacity development expert and a founder and board member ofArus Pelangi, the Indonesian Federation of Lesbian, Gay, Bisexual, Transgender, Transsexual and Intersex Communities.

  How does your network work, and what are the challenges you are addressing?

  Our organisation, Arus Pelangi, which means the Flow of the Rainbow, was established in 2006. This was during the Reformasi era that followed the ousting of President Suharto in 1998 after three decades in power. After this there was much more freedom and many repressive laws were revised. At this time LGBTQI people felt we should come together to stand for our rights. Before then the only context in which people talked about LGBTQI people was in relation to the mitigation of HIV/AIDS. So we decided to form an organisation purely to advocate for the rights of LGBTQI people.

  Arus Pelangi is a coalition of national and local groups of LGBTQI people. We network a lot with other human rights organisations, including those working on other aspects of diversity and legal reform. We have also been instrumental in the formation of a network across the Association of Southeast Asian Nations (ASEAN) member countries – the ASEAN SOGIE Caucus. It is based in the Philippines and Arus Pelangi is an important member. At the same time we are reaching out to local communities around the huge country of Indonesia. There are still capacity challenges in enabling far-distant communities to make their voices heard.

  What challenges have you faced in recent years?

  The space for democracy in Indonesia is becoming more restricted, and it is harder for us to be visible. When we started in 2006 we saw it as strategic to raise our visibility as much as possible, so people could see and understand LGBTQI people and know who we are. So we took part in demonstrations, held flash mobs, held public discussions, made media appearances – anything to make us visible as a group.

  From the very beginning there were all kinds of groups attacking us. But things got much worse in 2016, when all of a sudden there was this massive wave of attacks. Persecutions also began from 2016 onwards. The trigger was a pronouncement by the Minister of Research, Technology and Higher Education, Muhammad Nasir, that LGBTQI people should be banned from university campuses. Suddenly everyone joined in, saying that LGBTQI people should be banned from everywhere, that we should be criminalised.

  These attacks came especially from hardline religious groups. These groups had always advocated for criminalisation, but suddenly they had momentum because of what the minister had said.

  From then on it was no longer possible to be visible as an organisation, and to some degree even as individuals.

  How have extremist groups been able to organise, and how have they mobilised support?

  The Reformasi era created all kinds of freedoms for people to organise themselves, but the fundamentalists had the same freedoms, and they did very well in organising themselves. They have received lots of funding from Saudi Arabia.

  There has been a two-track development in Indonesia. Indonesia has become more part of a global society, more integrated in terms of technology, but at the same time people’s minds have become more conservative, due to the influence of fundamentalists. Fundamentalists have had more chances to preach, and to organise in all kinds of groups and organisations. One of the most well-known is Islam Defenders Front (Front Pembela Islam, FPI), which has been very vocal in attacking us, and they have been able to stop some of our activities.

  The attitude of the police has been ambivalent. They haven’t stopped the FPI from attacking us. Rather they have said that for our safety it would be better if we disband. They always use this argument of safety. Since 2016 the police have also been proactive in outing and arresting people. People are arrested, paraded in front of the media and then released without charge.

  This has had a huge effect on the whole community. People have become afraid. Since 2016 we have held hardly any public events. We have to keep things secret and do everything underground. We have also had to learn to take security measures. Many of our people became depressed and closed themselves away, stopped going out. It’s just like being back in the Suharto era. We aren’t free any more.

  Fundamentalists reached the level of power that in 2017 they were able to put Basuki Tjahaja Purnama, the Christian governor of our capital city, Jakarta, into jail for blasphemy. This was when the network of fundamentalist groups reached the height of their power. They were able to work together to do this. Indonesia has a blasphemy law, and once someone has been indicted, it is certain they will be convicted. I haven’t heard of any case when someone charged with blasphemy has walked free.

  How has the government responded?

  What is interesting is that this level of fundamentalism got to the point where it was threatening the position of President Jokowi. Only then did we see a concerted effort from the government to push back, and this process is still going on. The government has banned one of the fundamentalist groups, an international Muslim network that calls for the establishment of the caliphate, on the grounds that it does not adhere to the national ideology, known as Pancasila.

  A law the government recently passed on civil society organisations enabled it to do this. Human rights organisations criticised this law for being too loose and flexible. It could potentially enable the government to ban any group. This is the first time it has been used. The same law could be used against any group. It’s a double-edged sword.

  The government is considering banning the FPI. The government is also saying that it is coming to realise how many campuses have been infiltrated by fundamentalist groups, but it’s hard to know what’s going on behind the scenes.

  Has the April 2019 presidential election brought any changes?

  President Jokowi won re-election in April, but it seems he felt he couldn’t do it without the support of the moderate Muslims, as he took an Islamic cleric, Ma’ruf Amin, as his running mate. Ma’ruf is a fairly conservative cleric who has made all kinds of negative pronouncements against LGBTQI people. It’s a mystery for many people, even for supporters of President Jokowi, why he was chosen over all other candidates.

  For LGBTQI people, now President Jokowi has won re-election, it remains to be seen whether the coming five years will bring any improvement. We don’t believe President Jokowi is against LGBTQI people, and on some occasions, he has said that the rights of LGBTQI people should be protected. But this is the kind of thing he has said when he has been interviewed by the BBC. It is a message for the outside world, rather than for a domestic audience.

  What is also disappointing is that in his first term, President Jokowi prioritised a focus on the investment climate, emphasising massive infrastructure projects, such as ports, roads and power plants, and reforming the bureaucracy to remove obstacles against investment. Just recently he has announced that his second-term priorities are the same. He said nothing about human rights. Many were hoping that he would be less cautious in his second term. It remains to be seen how committed he will be to human rights.

  As well as LGBTQI groups, which other communities are subject to persecution?

  Other groups particularly vulnerable to human rights abuses are minority Muslim sects, which have been heavily persecuted over the years, and communists and those associated with them. This goes way back to the mass killings of 1965-1966. Survivors and second and third-generation family members are still suffering from discrimination and threats.

  The struggle for gender equality goes back many decades. Women are targeted by conservative groups. Shariah law applies in the province of Aceh, and they have introduced and are applying draconian punishments such as caning and stoning to death. Several LGBTQI people have been the victim of caning. There are attempts to criminalise non-normative sexuality elsewhere in Indonesia.

  There is an ongoing effort and desire among many to more closely regulate morality. It is a continuous battle to try to prevent more repressive measures. For example, parliament is currently debating a law on domestic violence, and conservative law-makers are asserting that many things we would consider as sexual violence, like marital rape, are not included. The dividing line is between following a hardline interpretation of the Quran or not. Despite its secular appearance, Indonesia has become a de facto religious state.

  How is civil society responding to these challenges, and what support could the international community and international civil society best offer to Indonesia’s LGBTQI community?

  Civil society has been trying to respond through networking, joint statements, lobbying parliament and campaigning, including through Change.org. But it can feel like fighting an impossible war, because the conservatives always seem to be more powerful, better organised and better resourced.

  We have to be careful when considering outside assistance, because one of the arguments that fundamentalists always use is about foreign influences and attempts to make Indonesia a liberal country. LGBTQI is characterised as a western concept that is incompatible with the culture. Of course if you look at the culture and history of Indonesia you see all kinds of expressions of non-binary gender, including in dances, songs, literature and rituals. This culture has been denied consistently by conservatives who say that the only culture is hardline Islam. The conservatives forget that Islam itself is an imported religion.

  In 2015, when the US Supreme Court legalised same-sex marriage, this created quite an uproar in Indonesia. Conservative groups always point to this and say that once they give in to one thing, this is what will happen. The global debate about same-sex marriage works both ways for us, because LGBTQI people in Indonesia have never suggested this – it seems too far away to even contemplate this, and we need to have our fundamental rights respected first – but at least it tells us we’re not alone.

  So you have to be careful, but solidarity helps. It helps LGBTQI people here to know they are not alone and have not been abandoned. If people have any chance to speak to government officials from Indonesia, they should use that opportunity to speak up for LGBTQI people and other vulnerable groups.

  At Indonesia’s United Nations Human Rights Council Universal Periodic Review session in 2017, many shadow reports pointed to the severe situation of LGBTQI people. There was quite a bit of criticism. The usual attitude of the Indonesian government is to cite social conservatism, but this time it was forced to acknowledge the need to take steps and it committed to hold a dialogue with the LGBTQI community. This was a concession that came because of international pressure. Of course, it remains to be seen what will happen on the ground. We have to keep the pressure on.

  Civic space in Indonesia is rated as ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with T King Oey throughArus Pelangi‘s website.

• Towards a Just and Transformative Post- 2015 Development Agenda

  On January 22, 2013, IBON International, WALHI, INDIES, PCFS and APRN are inviting peoples organizations, social movements and NGOs from across Indonesia to a workshop titled “Towards a Just and Transformative Post-2015 Development Agenda”
  The workshop’s objectives are:

  1. To discuss the challenge of sustainable development in the global and Indonesian context
  2. To provide a background on the United Nation’s roadmap towards a post-2015 development framework
  3. To present the Campaign on Peoples Goals for Sustainable Development (CPGSD)
  4. To strategize how Indonesian social movements and civil society can campaign for a truly just, equitable and transformative development agenda for the post-2015 period

  The Campaign for People’s Goals for Sustainable Development is a global campaign of grassroots organizations, labor unions, social movements and non-governmental organizations and other institutions committed to promoting new pathways to the future we want. Join the campaign at here.

  Read more at Asia- Pacific Research Network

• UN Launches Global Survey on Development Agenda

  The United Nations Information Centre (UNIC) has launched a global survey which will provide a more open and inclusive planning of the global development agenda post 2015.

  
  The survey called MY World “The United Nations Global Survey for A Better World” will be available online in bahasa Indonesia later this week.

  
  UNIC director Michele Zaccheo said Tuesday that MY World would allow as many people as possible to voice their opinions. This is a chance to tell decision makers what you want prioritized in the global development agenda post 2015. The survey will give them an accurate global picture of what citizens were thinking about, he added.

  
  Take the survey at http://www.myworld2015.org/

  Read more at The Jakarta Post

• West Papua, Indonesia: Failure to implement human rights protections in law contributes to violations

  As part of our 2018 report on the theme ofreimagining democracy, we are interviewing civil society activists and leaders about their work to promote democratic practices and principles, the challenges they encounter and the victories they score. CIVICUS speaks to Yan Christian Warinussey, a senior West Papuan lawyer and Executive Director of LP3BH (Institute for Research, Investigation and Development of Legal Aid in Manokwari), an organisation that empowers local civil society through advocacy, legal aid and education about basic human rights. In the West Papuan region of Indonesia there have been severe human rights violations, including extrajudicial killings, torture and arbitrary arrests of activists by the Indonesian security forces under the guise of suppressing separatism. Yan has worked for over two decades on human rights in West Papua and has defended activists who were arrested and prosecuted for their peaceful activism. In 2005, he received theJohn Humphrey Freedom Award from Rights and Democracy in Canada.

  1. What are the main challenges for civil society’s fundamental rights of association, peaceful assembly and expression, and for human rights more generally, in West Papua?One of the main challenges for fundamental rights in Indonesia, and especially in West Papua - that is, in the provinces of Papua and West Papua - is the failure of the government to implement the United Nations (UN) International Covenant on Civil and Political Rights, which Indonesia has ratified. Further, there has also been a failure to respect and protect human rights provisions in our Constitution as well as in local laws and regulations. Therefore, when individuals exercise their rights and carry out peaceful actions or gather and associate to protest against human rights abuses, demand independence or seek attention from the international community they are constantly faced with repressive actions from the authorities, such as arrest and detention. In some cases, individuals are also charged with treason.

  2. Have the conditions for civil society in West Papua improved or worsened in recent years, and why?
  The conditions for civil society in West Papua have deteriorated in recent years, because of the lack of implementation of the laws mentioned above. For example, in 1998, Law No. 9 on Freedom of Expression in Public was passed. However, no implementing regulations were issued. Instead, the police have issued internal guidelines that suppress the freedom of expression. This has become the law in West Papua and is used to suppress activism. Things have become worse also because the central government in Indonesia’s capital Jakarta and in the West Papuan region have not provided space for the legal and democratic education of civilians, including on the issue of the freedoms of association, peaceful assembly and expression.

  3. What have been the recent actions of the pro-independence movement, and how has the Indonesian government responded to these?
  West Papua used to be a Dutch colony known as Netherlands New Guinea. The Dutch government kept hold of these territories after Indonesia became independent in 1945. Then in the 1960s West Papua was supposed to undergo a decolonisation process, but in 1963 it was annexed by Indonesia. In 1969, Indonesia formalised its control over West Papua by hand-picking about a thousand people among its population and threatening them into voting for annexation in a UN-supervised, but highly undemocratic, process known as the ‘Act of Free Choice’. As West Papuans were denied their right to self-determination, a pro-independence movement under the umbrella of the Free Papua Movement, also known as the OPM, has remained active for more than half a century. Further, a small armed group has led a decades-long low-level insurgency, which the government in Jakarta has used as an excuse to perpetuate a significant military involvement in the region. Numerous human rights violations have resulted from this.
  
  In late 2014 a number of pro-independence movements united under the leadership of an organisation called the United Liberation Movement for West Papua (ULMWP). Ever since it formed, the government's response has been to treat it as a separatist group and refuse to enter into any kind of dialogue with them. In September 2017, a petition calling for independence signed by 1.8 million West Papuans was smuggled out of the country and submitted to the UN Decolonisation Committee, which rejected it on the grounds that West Papua’s cause is outside its mandate. So we are nowhere close to finding a solution.

  4. What actions should the Indonesian government take to safeguard democratic freedoms and human rights in the immediate future?
  First, we need to strengthen the National Human Rights Commission in Indonesia and revise Law No. 39 of 1999 concerning human rights to allow the commission not only to investigate human rights violations but also to prosecute such crimes. Currently there is a lack of political will by both the police and the Attorney General’s office to undertake such prosecutions.
  
  Second, we need the Indonesian government to formulate and produce implementing regulations on the array of human rights legislation that has been passed over the years, including against torture (Law No. 5 of 1998), civil and political rights (Law No. 11 of 2005) and economic, social and cultural rights (Law No. 12 of 2005).
  And finally, especially for Papua, the government must immediately implement the mandate of the 2011 Special Autonomy Law, which calls for the establishment of a Human Rights Court and a Truth and Reconciliation Commission in Papua.

  5. Looking further ahead, what would it take for human rights and democratic freedoms to flourish in West Papua? And how can civil society help advance these?
  There are lots of things that need to be done in the West Papua region. As a first step, there is a need to open up the region to international scrutiny. Currently journalists and international human rights organisations have been denied access to many part of the region. Previously, the visit of the then UN Special Rapporteur on Freedom of Expression was unilaterally cancelled and indefinitely postponed by Indonesia, allegedly because of the Special Rapporteur’s wish to visit Papua.
  
  There is also a need for human rights and democracy education to be included in the basic, secondary and higher education curricula in West Papua so that we understand these rights. To do this we would need the support of the government through the National Human Rights Commission and human rights organisations in West Papua and internationally.

  6. Has the response of the international community to the situation in West Papua been adequate? How could external actors help?
  The response of the international community to the situation in West Papua has been good and there has been very significant and constant pressure when abuses occur. As a human rights defender and a lawyer, I am very grateful for this and urge the international community to keep this pressure up.
  
  As I have mentioned before, international support is needed to ensure human rights education and democracy for all West Papuans, and especially for victims of human rights violations, so they know how to defend and advocate for themselves now as well as in the future.

  Civic space in Indonesia is rated as ‘obstructed’ by the CIVICUS Monitorr.
  If you would like to support the work of LP3BH, please get in touch with CIVICUS.