Published On:Tuesday, May 24, 2016
Posted by Unknown
Asian human rights group condemns ‘illegal arrests’ of Papuans
West Papuan protesters with the Morning Star flag ... call for release of 15 arrested at Mimika, Papua. Image: West Papua Media |
The Asian Human Rights Commission has condemned the forced dispersal
of peaceful Papuan protesters and their illegal arrest in Kampung
Bhintuka-SP13 field in Mimika, Timika district, this week.
“We have been informed that 12 protesters were taken into police
custody in Kuala Kencana for further investigation and questioning,” the
AHRC said in a statement.
“Prior to the protest, the indigenous Papuans had informed the police
of their intention to call for an end to rampant human rights
violations in Papua.
“Despite this, the police suddenly forcibly dispersed the
demonstration, with the claim that one of the protesters called for a
referendum in his speech for indigenous Papuans who suffer from rampant
violations conducted by the Indonesian security forces.”
The AHRC said it had also learned that the police had warned and
intimidated local religious leaders to avoid political activities and
speaking about human rights violations and referendums in churches.
“Over the last year, countless cases of forced dissolution of
protesters in Papua and West Papua province have been observed. In all
of these cases, the police have not taken the responsibility to examine
whether or not the use of excessive force was lawful.”
At the same time, civilians did not have effective complaint
mechanisms to challenge the police’s use of excessive force and abuse of
power, said the AHRC.
Protection obligation
“As state party to the International Covenant on Civil and Political Rights with the promulgation of National Law No. 11 of 2005, the Indonesian government is obliged to ensure that the right to freedom of opinion and assembly is protected, as noted in Article 21 of the Covenant:
“As state party to the International Covenant on Civil and Political Rights with the promulgation of National Law No. 11 of 2005, the Indonesian government is obliged to ensure that the right to freedom of opinion and assembly is protected, as noted in Article 21 of the Covenant:
“The right of peaceful assembly shall be recognized. No
restrictions may be placed on the exercise of this right other than
those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public
safety, public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others.”
The government should take the forced dissolution of protests and
police excessive use of force seriously, particularly as a National
Commission on Human Rights report states that the highest number of
human rights violations in Indonesia, including Papua, are conducted by
the police, said AHRC.
“Besides the failure of police reform, the government is also failing
to evaluate its policy upon Papua and West Papua, despite the
protection of indigenous Papuans being a priority of President Joko
Widodo’s administration.”
The AHRC noted with concern that the law enforcement agencies and
criminal justice system in Papua and West Papua provinces had themselves
become part of the problem.
“As a result of the judicial mechanism failing to fulfill the right
to justice for indigenous Papuans, Papuan people do not see that their
rights are fulfilled and respected in the manner of Indonesian citizens
by the government,” said AHRC.
“Rather, the presence of state security forces in the region has led
to routine violence and the restriction of their freedom of opinion,
assembly and thought.
‘Release all detainees’
“The government of Indonesia should therefore take immediate action to release all detained protesters who took part in peaceful demonstrations, and guarantee that any future peaceful protest is protected by the law and similar violations will not recur.
“The government of Indonesia should therefore take immediate action to release all detained protesters who took part in peaceful demonstrations, and guarantee that any future peaceful protest is protected by the law and similar violations will not recur.
“The government should further evaluate the presence of the
Indonesian security forces in Papua and West Papua province,
particularly as the proportion of the forces is not equal to that of the
local indigenous Papuans, and far from protection, their presence has
only resulted in rampant human rights violations against the Papuans.
“Lastly, the government should be more consistent in implementing the
International Covenant on Civil and Political Rights and show its
seriousness by enforcing the law based upon fair trial principles.”
Sumber : www.asiapacificreport.nz