West Papua

• Arrests of hundreds at demonstrations on West Papua highlight relentless suppression of dissent
  • Hundreds of West Papuans were arrested for holding peaceful protests
  • Some protesters were attacked by pro-government groups and suffered injuries
  • There has been a failure by the government to address West Papuan grievances and instead respond with repressive tactics

  Indonesian authorities arbitrarily arrested hundreds of demonstrators across West Papua and other parts of Indonesia on December 1 following peaceful pro-independence protests.

  West Papua is a former Dutch colony that was placed under Indonesian rule following a United Nations-supervised referendum in 1969, which many believe to befraudulent.

  The rallies were held to mark the 57th anniversary of the raising of the Morning Star flag - a banned symbol of Papuan independence – to declare independence from the Netherlands.

  Global civil rights group, CIVICUS, says the arrest of at least 500 activists highlights the continued repression against peaceful pro-independence activism in West Papua and the ongoing impunity for these violations.

  According toreports, peaceful demonstrations took place inseveral locations in West Papua as well as other cities across the country including the cities of Jakarta, Surabaya, Palu, Kupang, Makassar, Manado and Ambon. Most of the arrested have been released.

  In Surabaya city, which saw one of the biggest rallies, protesters were allegedly attacked by pro-government nationalist groups leaving at least 17 injured.

  “The weekend arrests of hundreds of West Papuan activists solely for their peaceful political expression is outrageous and another attempt to silence their ongoing demands. Despite continued promises by President Joko Widodo to address the grievances of West Papuans, all they have faced time and time again are repressive actions by the Indonesian security forces” said Josef Benedict, CIVICUS civic space researcher.

  There have been long standing demands by West Papuan groups for independence due to the exploitation of land and resources and serious human rights violations in the region. Over the decades, the Indonesian security forces have responded brutally with reports of unlawful killings and unnecessary and excessive use of force and firearms during peaceful pro-independence protests and gatherings.

  Political activists and others accused of links to pro-independence groups have been tortured or otherwise ill-treated during arrests. Most recently, in September 2018, at least 67 Papuan student activists were detained by the police for participating in at least three protests in Jayapura..

  “The international community, especially countries in the region, cannot continue to stay silent on the abuses in West Papua. It must push for an end to the suppression of fundamental freedoms there and call for a genuine dialogue between the government and West Papuans to resolve the situation in the region.” said Benedict.

  CIVICUS has called on the Indonesian government to respect the right to freedom of expression and assembly and take the necessary steps to ensure that all police and military personnel who have been involved in human rights violations in West Papua are held accountable. The government must also take measures to ensure that local human rights defenders and journalists are protected and that international human rights organisations, journalists and the UN are provided unimpeded access to the West Papuan region.

  The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Indonesia as obstructed.

  ENDS

  For more information or to arrange an interview, please contact:

  Josef Benedict

• Indonesia: Release Victor Yeimo and hold perpetrators of human rights violations in Papua accountable

  CIVICUS, a global civil society alliance, and Asian Human Rights Commission (AHRC) are gravely concerned by the ongoing prosecution of human rights defender Victor Yeimo.

• 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

• 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

• 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.