FOR IMMEDIATE RELEASE
AHRC-STM-105-2017
21 August 2017
AHRC-STM-105-2017
21 August 2017
A Statement by the Asian Human Rights Commission
INDONESIA: Stop unlawful deprivation of liberty against Indigenous
Papuans
The Asian Human Rights Commission (AHRC) condemns the unlawful
deprivation of liberty of Papuans which has occurred frequently of
late. The AHRC has learned that the Indonesian Security Forces have
been using excessive force and flaunting their authority to illegally
arrest indigenous Papuans. They are simply exercising their rights to
freedom of expression and opinion and peaceful assembly.
For instance, take the case which took place on August 20, 2017.
Police officers of the Fak-Fak Police Station (Polres Fak-Fak)
arbitrarily arrested 24 indigenous Papuans. They are members of the
National Committee for West Papua (KNPB). The AHRC was informed that
they were illegally arrested because they are registered to attend a
meeting organized by KNPB in Fak-Fak Regency, West Papua Province.
Previously, the AHRC noted some similar cases faced by members of KNPB
Papua. Consider the case of Mr. Yanto Waine, a member of the National
Committee for West Papua (KNPB). He was illegally detained in the
Nabire Police Station (Polres Nabire) after distributing leaflets to
the public. And 29 student activists, mostly Papuan students, were
arbitrarily arrested in Yogyakarta Province. Additionally, 32 student
activists in Jakarta and 46 student activists in Semarang were also
arbitrarily detained.
Considering the massive unlawful deprivation of liberty against
Indigenous Papuans, the AHRC strongly recommends the Government to
re-evaluate its policy and the behaviour of its Security Forces’.
The Government should ensure that there is no policy in practice that
clearly violates or goes against the International Covenant on Civil
and Political Rights (ICCPR). Indonesia became a State party to this
Covenant by enacting Law No.12 of 2005.
Under Article 19 of the ICCPR, it states
1. Everyone shall have the right to hold opinions without
interference.
2. Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of choice.
3. The exercise of the rights provided for in paragraph 2 of this
Article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security, public order, and public
health or morals.
Moreover, the Indonesian Constitution 1945 (UUD 1945) clearly
guarantees such rights. Article 28 of the Constitutions, states:
“the freedom to associate and to assemble, to express written and
oral opinions, etc., shall be regulated by Law.” Further, Article 28
paragraph E states: “Every person shall have the right to the
freedom to associate, to assemble and to express opinions.”
Under the Constitution, Indonesia has Law No. 39 of 1999 on Human
Rights. Article 24 paragraph 1 states: “Everyone has the right to
peaceful assembly and association.” Article 6 paragraph 1, relating
to Indigenous People states: “In the interests of upholding human
rights, the differences and needs of Indigenous Peoples must be taken
into consideration and protected by the Law, the Public and the
Government.”
Let us look into the cases of human rights violations, in particular
massive unlawful deprivation of liberty in Papua. It has been proven
that the Government has failed to ensure that the Security Forces obey
and respect the above-mentioned rights. Even security forces violate
the Indonesian Criminal Procedure (KUHAP), which regulates steps and
requirements of arrest and detention.
The Government should be aware that extreme restrictions against the
right to freedom of opinion, expression and also peaceful assembly,
should be conducted based on the Law. It is the National Law which
regulates such restrictions and they should not violate or go against
the ICCPR itself.
As stated in General Comments of the ICCPR No. 35 paragraph 12 “An
arrest or detention may be authorized by domestic law and nonetheless
be arbitrary. The notion of “arbitrariness” is not to be equated
with “against the law”. It must be interpreted more broadly to
include elements of inappropriateness, injustice, lack of
predictability and due process of law, as well as elements of
reasonableness, necessity and proportionality.”
Therefore, the AHRC calls for the Indonesian Government to stop any
patterns and forms of unlawful deprivation of liberty against
indigenous Papuans. The right to freedom of expression, opinion and
peaceful assembly must be protected and respected. Furthermore, the
Indonesian Security Forces should not subjectively interpret the Law
and put an end to the stigmatization that all political activities
conducted by Papuans are crimes. The AHRC urges the Government to
release all those persons arrested with no criminal charges laid
against them.
# # #
The Asian Human Rights Commission (AHRC) works towards the radical
rethinking and fundamental redesigning of justice institutions in
order to protect and promote human rights in Asia. Established in
1984, the Hong Kong based organisation is a Laureate of the Right
Livelihood Award, 2014.
Read this Statement online
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