Tag: International Covenant on Civil and Political Rights

Australia must act to protect human rights in Papua: Joint letter from HRLC and Human Rights Watch (28 Nov 2011)

The Australian Government should take a leadership role in promoting and protecting human rights in the troubled Indonesian province of West Papua say two leading human rights organizations in a Joint Letter to the Foreign Minister, the Hon Kevin Rudd MP.

Ahead of the 50th anniversary this Friday of the first raising of the West Papuan ‘Morning Star’ flag, the Human Rights Law Centre and Human Rights Watch have called on Minister Rudd to publically and unequivocally condemn the excessive use of force and suppression of peaceful protest and also deploy Australian embassy staff to Papua to monitor and observe anticipated events to mark the anniversary.

“Australia must unequivocally support the human rights of all persons to freedom of expression, association and assembly,” said Tom Clarke from the Human Rights Law Centre. “It is not in Australia’s strategic interest to have a festering human rights problem on our doorstep.”

“The default policy of successive Australian Governments has seemingly been to politely look the other way while human rights abuses occurred on our doorstep. This approach desperately needs rethinking. The problem of violence and repression in West Papua needs to be acknowledged and addressed,” Mr Clarke said.

The ‘Morning Star’ flag was first raised in 1961 when West Papua was moving towards independence with assistance from its colonial Dutch Government and the Australian Government. By this time, Papua already had its own government officials. However, in 1962 a chain of events eventually led to Indonesia taking control of Papua and well documented military violence and human rights abuses have plagued the province since. Today Papuans face imprisonment for simply raising the ‘Morning Star’ flag.

The letter urges Minister Rudd to call for a full and impartial investigation into recent use of force, including fatal force, by Indonesian police and military forces on a peaceful assembly on 19 October. The attacks on the Third Papuan People’s Congress resulted in at least three protesters being killed, at least 90 being injured and approximately 300 arrested.

“The West Papuan people do not enjoy the types of basic rights that we take for granted here in Australia. The right to meet to discuss ideas and express political beliefs are severely curtailed in West Papua. The international media is heavily restricted in travelling to Papua and reporting on events there. We are concerned that without international attention being focused on West Papua, human rights abuses are likely to continue,” Mr Clarke said.

The letter also requests that Minister Rudd urge the Indonesian Government to release all persons detained in Papua for the peaceful expression of their political views, including Filep Karma who the UN Working Group on Arbitrary Detention advises should be immediately released.

“Minister Rudd should follow US Secretary of State, Hilary Clinton’s lead and directly raise concerns with Indonesia about the violence and abuse of human rights in West Papua. If he has a ‘special relationship’ with Indonesia, now is the time to make the most of it and, as a friend, help Indonesia meet the commitments that it’s signed up to under the International Covenant on Civil and Political Rights,” Mr Clarke said.

The Human Rights Law Centre will be hosting a public seminar in Melbourne with Human Rights Watch’s Elaine Pearson looking at this and other human rights issues in Asia on Wednesday 7 December. Further details can be found online here.

For further comments from HRLC: contact Tom Clarke on tom.clarke@hrlc.org.au or 0422 545 763

For comments from HRW: contact Phil Robertson on RobertP@hrw.org or +66 85 060 8406

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UN Declares Indonesia’s Detention Of Filep Karma A Violation Of International Law, Calls For Immediate Release

In response to a petition filed by Freedom Now and Hogan Lovells LLP, the United Nations Working Group on Arbitrary Detention has issued its opinion that the Government of Indonesia is in violation of international law by detaining Filep Karma. The Working Group calls on the Government of Indonesia to immediately release the human rights advocate.

Mr. Karma is a prominent Papuan human rights advocate and former civil servant arrested on December 1, 2004 for raising the Papuan Morning Star flag at a political rally in commemoration of Papuan independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was convicted for crimes of hostility against the state and sedition in a trial that fell far below international standards of due process. He now languishes in prison serving a fifteen-year sentence, despite health concerns and calls for his release by numerous NGOs and government officials. In August, 2011, 26 members of the U.S. Congress urged President Yudhoyono to release Mr. Karma. Forty members of Congress signed a similar letter in 2008. This week, President Obama will be in Indonesia attending the 2011 ASEAN Summit—which takes place November 17-19 in Bali—where many hope such human rights discussions will take place.

Freedom Now Executive Director Maran Turner stated: “The United Nations Working Group on Arbitrary Detention has found Indonesia’s actions a clear violation of international law. Mr. Karma is a nonviolent advocate who was arrested for his views and convicted in a trial marred by judicial bias, denial of appeal without reason, and intimidation tactics. I urge President Obama to raise Filep Karma’s case with President Yudhoyono and to call for Indonesia’s compliance with the UN opinion by releasing Filep Karma.”

The United Nations Working Group determined that Mr. Karma’s arrest was due to his exercise of the fundamental rights of freedom of expression, peaceful assembly, and association. According to the UN, provisions used to convict and detain Mr. Karma—including declaring “feelings of hate”—were “drafted in such general and vague terms that they can be used arbitrarily to restrict the freedoms of opinion, expression, assembly and association.” Such a detention violates the International Covenant on Civil and Political Rights, a multi-party treaty by which Indonesia is bound, as well as the Universal Declaration of Human Rights. The Working Group also censured the Government of Indonesia for violating Mr. Karma’s right to a fair trial.

The opinion concluded by calling the Government’s attention to broader human rights violations in Indonesia, for which Filep Karma’s situation is emblematic, stating, “The Working Group will remind The Republic of Indonesia of its duties to comply with international human rights obligations not to detain arbitrarily, to release persons who are arbitrarily detained, and to provide compensation to them.”

Freedom Now, a non-profit, non-partisan organization that works to free prisoners of conscience, and Hogan Lovells LLP, an international law firm, welcome the UN’s decision. They call on the Indonesian government to uphold its commitments under international law and immediately release Mr. Karma.

Source: Freedom Now

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Open Letter from ILWP to Inspektur Jenderal Drs BL Tobing Papua Police Chief

International Lawyers for West Papua

http://www.ilwp.or
secretariat@ilwp.org

Inspektur Jenderal Drs BL Tobing
Papua Police Chief
Regional Head of Police (Kapolda)
JI. Samratulangi No. 8 Jayapura
Papua

Fax: +62 967 533763
21 October 20
Dear Kapolda,

We, the International Lawyers for West Papua, respectfully seek to remind you
of your duties under international law.

It has been reported from a police source (Republika, 19 October 2011) that
approximately 600 people were arrested at the Third Papua Congress, a peaceful
assembly at which the Papuan community were gathered to discuss their future.
Other media outlets have reported that between four and seven people were
killed and many others injured after security services opened fire on the
assembly and that hundreds more were beaten before being taken into custody.

As a Police Chief you are an agent of the Indonesian State and you are bound to
obey the human rights standards set by international law, particularly the
International Covenant on Civil and Political Rights (ICCPR) which Indonesia
acceded to on 23 February 2006. We also remind you of your obligations under
the Indonesian Human Rights Act and Human Rights Courts Act.

The right to freedom of assembly is protected by Articles 21 and 22 of the
ICCPR. The right to free speech is guaranteed by Article 19 of the ICCPR. The
people of West Papua are entitled to meet and discuss freely their opinions,
including their right to self-determination and their desire for independence
and self-government. If they have been arrested for doing so, they are
prisoners of conscience and must be released immediately.

We therefore request that you immediately confirm the basis for the arrests and
ensure that all detainees that were injured during the violence have access to
medical care. We also request that you:

Comply with Articles 19, 21 and 22 of the ICCPR and release any detainees
held for engaging in peaceful assembly;
Comply with Article 7 of the ICCPR and guarantee that all of those detained
will not be tortured or otherwise ill-treated while in detention;
Comply with Article 14 of the ICCPR and allow all detainees immediate
access to a lawyer of their choosing;
Comply with Article 2 of the ICCPR in instituting a full and thorough
investigation of the extra-judicial killings and violence at the assembly in
breach of Articles 6 and 7 of the ICCPR.

Thank you for taking the time to read this letter.

Yours sincerely,

International Lawyers for West Papua

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AMNESTY INTERNATIONAL WELCOMES RELEASE OF PAPUAN STUDENTS IN MANOKWARI

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 30 September 2011

Index: ASA 21/ 029 /2011

Amnesty International welcomes the decision of the Manokwari District Court on 27 September 2011 to acquit four of the five students arrested in Manokwari, West Papua province, for their involvement in a peaceful protest. The organization hopes that the court’s decision is an indication of greater respect for freedom of expression and peaceful assembly in the province and calls on the Indonesian authorities to immediately and unconditionally release all other prisoners of conscience in Indonesia.

The students were arrested on 14 December 2010 with two other activists while taking part in a peaceful march and ceremony in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised.

Police then arrested seven people: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. All seven were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August 2011 the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011 and has now been released. Four of the students were acquitted and released on 27 September 2011; however the fifth student, Jhon Rawayei, was found guilty of “rebellion” and sentenced to nine months and 17 days’ imprisonment. He is due to be released soon as he has spent more than nine months in detention.

Amnesty International is aware of at least 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience, and calls for their immediate and unconditional release.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

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AMNESTY: PAPUAN ACTIVIST IMPRISONED FOR PEACEFUL POLITICAL ACTIVITIES

PUBLIC STATEMENT

25 August 2011

Index: ASA 21/ 027 /2011

I ndonesia : Papuan activist imprisoned for peaceful political activities

Papuan activist Melkianus Bleskadit has been imprisoned in West Papua province for his involvement in a peaceful protest and for raising an independence flag. His sentence highlights the continuing use of repressive legislation to criminalize peaceful political activities in the province. Amnesty International calls for his immediate and unconditional release.

On 14 December 2010 a group of activists including students took part in a peaceful march in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. The march ended at the Penerangan field in Manokwari where other political activists had gathered to commemorate the anniversary of the independence of “West Melanesia”.

During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised. The Manokwari Sub-district Public Order Police (Polres) arrested seven political activists: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai.

All seven men were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011. Daniel Yenu has been released as he has spent more than eight months in detention. The trials of the five students are ongoing.

Daniel Yenu’s lawyer has also raised concerns about his trial. The lawyer alleges that evidence not obtained from the location of the incident was introduced during the trial and that Daniel Yenu was brought before the court on 16 August and forced by the judges to defend the charges against him without the presence of his lawyer, who was preparing a written defence brief.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International calls on the Indonesian authorities to withdraw government regulation No. 77/2007 that bans the display of regional logos or flags, which are used by separatist organizations. Amnesty International believes that this regulation is contrary to the spirit of the 2001 Special Autonomy Law that granted Papuans the right to express their cultural identity. Furthermore, the ban on waving these flags cannot be considered legitimate grounds for restricting freedoms of expression and association as set out in the ICCPR.

Amnesty International is aware of al least 90 political activists in the provinces of Maluku and Papua who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience and calls for their immediate and unconditional release.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

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