<<previous  |  index  |  next>>

I. Summary

It is very strange in this era of reform that community views that differ from those of the larger society are eliminated. 

— Pieter Ell, Defense Lawyer and Coordinator for the Papuan branch of Kontras, a national human rights NGO.¹

Papua, at the far eastern end of the Indonesian archipelago, is one of the most remote places in the country. This isolation, compounded by government imposed restrictions on access to the two provinces which make up Papua (“Papua” and “West Irian Jaya”), has contributed to a dearth of information on the human rights situation there. With international attention focused on the peace process and post- tsunami reconstruction in the province in Aceh, relatively little is known about recent human rights developments in Papua.

One consequence of Papua’s remoteness has been that a series of criminal convictions in recent years of peaceful political activists has not attracted the attention it deserves.  A low level armed separatist insurgency in the province has resulted in a large military presence and a climate of mutual suspicion and fear. All too often Papuans not involved in the armed insurgency are caught up in anti-separatist sweeps or arrested as trouble makers for peacefully expressing their political views, a right protected by basic international free speech guarantees.

Pro-independence activists are frequently targeted for arrest. December 1 has been designated a “national day” by Papuan nationalists, commemorating the day in 1961 when a group of Papuans, promised independence by then-colonial ruler Holland, first raised the Papuan national flag, the Bintang Kejora (Morning Star) flag. Every year people mark this event by again raising, or attempting to raise, the flag. Most years these attempts end in clashes with local security forces intent on stopping what they see as treasonous activities against the Republic of Indonesia. They have almost always ended in arrests, and sometimes trials and convictions, often for the peaceful expression of political dissent. At other times activists are arrested merely for publicly expressing support for Papuan independence, or for attending peaceful meetings to talk about self-determination for Papua.

Human Rights Watch takes no position on Papuan claims to self-determination, but it supports the right of all individuals, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal. To the extent individuals are arrested and imprisoned for peaceful participation in symbolic flag-raising ceremonies, such treatment constitutes arbitrary arrest and detention in violation of international standards.

Indonesian authorities commonly use two sets of criminal laws against activists in Papua. The first is the colonial era “hate sowing” (Haatzai Artikelen) articles of Indonesia’s Criminal Code, which criminalize "public expression of feelings of hostility, hatred or contempt toward the government" and prohibit "the expression of such feelings or views through the public media." The articles authorize prison terms of up to seven years for violations.

The other criminal law provisions most often used is one outlawing “makar,” which translates into English as rebellion. This is often used against persons arrested for their alleged participation in, or support for, separatism. The crime of makar is listed in Indonesia’s criminal code in a section entitled “Crimes Against the Security of the State” (Kejahatan Terhadap Keamanan Negara). The articles authorize prison terms up to twenty years for the offences.

In May 2005, Filep Karma and Yusak Pakage, independence supporters whose cases are highlighted in this report, were sentenced to 15- and 10-year prison sentences for organizing peaceful celebrations and flying the Morning Star flag in the provincial capital of Jayapura on December 1, 2004. They were charged and convicted both of spreading hatred and of rebellion. In an act of defiance, on December 1, 2005, Filep Karma managed to climb from his cell onto the roof of the prison and once again fly the Morning Star flag. Linus Hiluka, a thirty-four-year-old farmer whose case is also described below, is currently serving a 20-year jail term. His crime was his association with an organization called the Baliem Papua Panel, deemed a separatist organization by Indonesian authorities.

These convictions are not an aberration. They reflect government policy.

There has been a long history of suppression of peaceful activism in Papua. Non-violent flag raisers and protestors against Indonesian rule have been arrested, sometimes ill-treated, and convicted for peacefully expressing their discontent through flag raising or other activities. In 2002 alone, forty-two people were arrested in Papua for peaceful independence activities.² Over the last few years through a variety of announcements, the governor of Papua, the military commander, and the president of the High Court have also instructed people in Papua not to celebrate December 1.³ In 2004 the Papuan provincial chief of police, Inspector General Dodi Sumatyawan, stated that “the anniversary celebration is unlawful and parties who commemorate it will be severely punished."⁴ 

In December 2005 TAPOL, the Indonesia Human Rights Campaign, a UK-based human rights organization, uncovered a confidential directive issued on November 10, 2005, by  Chief of Police of Papua D.S. Sumantyawan. The directive instructed that anyone engaged in activities on a number of commemorative occasions in November and December would be liable to be charged under Indonesia's anti-subversion law. The terms of the directive make clear that this would encompass even those engaged in peaceful celebrations, which should be protected by the law. One of the dates highlighted by the police chief was December 1. Section Six of the November 10 directive orders police chiefs to:

Uphold the law in a clear and professional manner against all violations of the law that occur, in particular flying the Morning Star flag or the 14-point star flag, to arrest and detain those involved and confiscate evidence of flags, to be processed in accordance with the law, to face charges of subversion [makar] in a court of law.⁵

The directive, which was sent in a telegram to all police commands in the territory, said that it had been sent within the framework of an operation called Mambruk II 2005.⁶

Indonesian law distinguishes between cultural symbols used to express Papuan identity and symbols understood as a symbol of sovereignty. International law knows no such distinction. While the Papua Special Autonomy Law, passed in 2001, explicitly allows symbols of Papuan identity such as a flag or song, courts have treated the raising of flags associated with pro-independence sentiment as a symbol of sovereignty and, as such, a banned form of expression.

Peaceful campaigning for self-determination is a right protected by several human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), both of which Indonesia acceded to in February 2006.⁷ Human Rights Watch therefore considers individuals arrested, prosecuted, and imprisoned for peacefully expressing support for independence—whether through flag, song, or other means—as political prisoners. We know of at least eighteen such individuals in Papua.

This report details what we know of these cases based on credible sources, with particular emphasis on the Karma and Pakage cases, for which more information was available. Given the closed nature of Papua, there are likely other cases of which we are not aware and which are not even mentioned in this report. 

In what follows, we have included only cases where the defendant was convicted for peaceful expression. There are many other cases in Papua where individuals have been charged with or convicted of crimes against the security of the state where it was alleged that the defendant engaged in or advocated violence. Human Rights Watch did not include these cases in the report, even those cases where the allegations of violent activity or advocacy did not appear to be supported by available evidence.

Freedom of expression is a basic right and often acts as an enabler of other rights.  Conversely, where freedom of expression is not respected, other rights are rarely secure. In Papua, related human rights concerns include restrictions on freedom of assembly, arbitrary detention, and violation of the prohibition on inhuman and degrading treatment and torture. Until there is increased access to the province for foreign correspondents, diplomats, and independent monitors, including international human rights organizations, it will be impossible to reach clear conclusions about the state of human rights in the province. What is known, however, is cause for serious, ongoing concern.

In 2006 Indonesia succeeded in securing membership of both the UN Human Rights Council and the UN Security Council. In 2006, as already noted, Indonesia also acceded to the ICCPR and the ICESCR. These are signs that Indonesia wants to be accepted as a rights-respecting member of the international community.  While Indonesia is certainly in a transition period, the repression detailed in this report shows that there is still much to be done in institutionalizing meaningful protections for basic human rights in the country:  That flag raisers, or others peacefully campaigning for Papuan independence, should be imprisoned for their activities is indicative of how far Indonesia still has to go on its journey to become a fully rights-respecting and democratic nation. There is a clear gap between Indonesia’s international commitments and rhetoric and the reality on the ground.

The cases of Filep Karma and Yusak Pakage exemplify how real the gap is. If Filep Karma serves his full sentence it will be 2020 before he is released and he will be 61 years old. He will have spent the majority of his adult life in prison. His crime was nothing more than the expression of an opinion, the expression of a belief. He should not be in a cell for that.

Key Recommendations

Human Rights Watch urges the Indonesian government and parliament to :

Immediately and unconditionally release all persons detained or imprisoned for the peaceful expression of their political views, including raising the Morning Star flag;

Drop any outstanding charges against individuals awaiting trial for their peaceful political activities and make a public commitment to ensure no further arrests of individuals engaged in the peaceful expression of their beliefs;

Repeal articles 154, 155, and 156 of the KUHP (Kitab Undang-Undang Hukum Pidana, Indonesian Criminal Code) criminalizing "public expression of feelings of hostility, hatred or contempt toward the government" and prohibiting "the expression of such feelings or views through the public media," and articles 106, 107, and 108 on treason. Make a public commitment not to undertake any further prosecutions using these laws; and

End all arbitrary restrictions on access to Papua for journalists, diplomats and human rights organizations.

A more complete set of recommendations is set forth at the end of this report.

Methodology

Due to government restrictions on access to Papua, gathering credible information in the province is extremely difficult. Interviewing prisoners is impossible and family members are at risk of reprisal if they are seen talking to human rights researchers.  In compiling this report, Human Rights Watch therefore relied on interviews with defense lawyers and members of local human rights organizations, and on analysis of trial documents. Research was conducted between April and December 2006.

---