Human Rights Violations in West Papua

One issue that dominated the dialogue was the situation in West Papua. The Committee was very concerned about allegations of human rights violations, including extrajudicial killings, committed by Indonesian security forces against people of Papua who criticized the government. The Committee also questioned if the freedom of expression and assembly of Papuans is being unduly restricted under provisions of the Counterterrorism law. The government’s restriction of internet access in West Papua during the unrest in 2019 was also noted as a topic of concern by the Committee.

In response to the questions, the delegation claimed that there is “no militarization of Papua” and that deployment of military is part of normal military operations to guard the border and to support local law enforcement’s fight against armed criminal groups. They explained that security personnel and police officers receive extensive training and a code of conduct prior to deployment and that every allegation of abuse by security forces is investigated. On the decision to limit internet access, the delegation explained that the action was taken under exceptional circumstances to prevent the rapid spread of hoaxes and misinformation. Ultimately, a court found the action to be unlawful because it was disproportionate to the situation.

Past Gross Human Rights Violations

Given the historical context of Indonesia, past human rights abuses and efforts for reconciliation were also a main topic of discussion during the review. Particular interest was given to violations committed during the armed separatist movement in Aceh province between 1976 and 2005. More information was requested not only on efforts made to make information available to the public but to make reparations with victims and their families. The Committee also asked about efforts to provide information on the children forcibly removed from Timor Leste and brought illegally to Indonesia during the Indonesian occupation.

The delegation highlighted that the President formed a team of experts to identify past cases of abuses and make recommendations on how to settle them. Following this, the President announced the government’s regret for twelve past instances of gross human rights abuses in 2023. A reparations program for victims was then created with over 500 victims and their beneficiaries having been approved to receive monthly cash transfers and benefit from other support programs. Also in 2023, the Truth and Reconciliation Commission of Aceh published a report highlighting its progress and recommending that reparations be provided for all victims. So far, cash transfers have been disbursed to over 200 victims. The delegation also noted that the reunification of children taken from Timor Leste remains a challenge for both countries.

Freedom of Expression

The Committee raised concerns on the Electronic Information and Transaction (EIT) law and its implications on freedom of expression for bloggers, journalists and human rights defenders. The law criminalizes the dissemination of fake news and hate speech but lacks specific definitions for what type of content qualifies as well as safeguards to protect content that offers critical views. The Committee asked for more information on how the government plans to ensure the law is not applied to harass activists or others criticizing the government.

In response, the delegation stated that the EIT law allows for the restriction and removal of content to protect the rights of others in the digital space. Decisions to remove content are made with consideration of public order and religious values and a system of checks and balances exists to help regulate the takedown of content. Decisions can also be appealed and the Constitutional Court has reaffirmed that the EIT does not violate the Constitution or the ICCPR. The delegation also explained that a new amendment to the law adds new provisions to provide for the protection of children in the digital space and harmonizes the law with the new criminal code.

Watch again the dialogue with the Committee here (part one) and here (part two).

Recommendations of the Human Rights Committee

Concluding observations on Indonesia’s second periodic report were released on March 28, 2024. The State party is requested to provide, by March 29, 2027, information on the following recommendations:

Impunity for past human rights violations

The State party should, as a matter of urgency, strengthen its efforts to end impunity, ensure accountability for past human rights violations, including by:

(a) Guaranteeing the independence and impartiality of both judicial and non-judicial accountability mechanisms, ensuring plurality in their composition, clear regulations on appointment and dismissal, and sufficient technical, financial, and human resources required for the mandate to be promptly fulfilled without delays and expedite the adoption of the Bill on Truth and Reconciliation;

(b) Promptly investigating all human rights violations, including arbitrary detention, enforced disappearances, torture and ill-treatment, and extrajudicial killings including those reported to Komnas HAM and ensure the families receive information on investigations into the deaths of their relatives;

(c) Affording full reparations to all victims of human rights violations, as well as their families, including for the 7,682 victims identified by the Aceh Truth and Reconciliation Commission and in relation to the independence referendum of Timor-Leste;

(d) Ensuring access to public information regarding such cases, including the full reports of the Non-Judicial Resolution Team for Serious Human Rights Violations, investigation findings from Komnas HAM and from the 2005 independent fact finding team, set up by the then President to investigate Munir’s death;

(e) Guaranteeing that mourning and commemorative activities for victims are conducted without restrictions or threats and thoroughly and promptly investigate all reports of harassment or intimidation, prosecuting the perpetrators and if convicted, imposing penalties commensurate with the gravity of the offence;

(f) Ensuring that Komnas HAM’s findings are followed through by law enforcement agencies, perpetrators are prosecuted and, if convicted, imposed with penalties commensurate with the gravity of the offence and provide guarantees of non- repetition.

Arbitrary detention of persons with psychosocial disabilities

The Committee recommends that the State party increase its efforts to ensure that conditions of detention fully comply with relevant international human rights standards. In particular, the State party should:

(a) Conduct public awareness raising on the Covenant and the Correctional Systems Act Law No. 22/2022;

(b) Harmonise laws and policies, including local regulations and by-laws, on the detention of people with psychosocial disabilities with international human rights standards, including with reference to the Mental Health, Human Rights and Legislation: Guidance and Legislation of the World Health Organisation (2023);

(c) Harmonise laws and policies on the detention of prisoners with international human rights standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);

(d) Significantly reduce overcrowding in places of detention, including through the wider application of non-custodial measures, as provided for in the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), as alternatives to imprisonment;

(e) Improve conditions of places of detention and ensure adequate access to food, drinking water and health care;

(f) Explicitly mandate Komnas HAM to conduct regular unannounced visits to places of detention;

(g) Guarantee access to justice, including by ensuring fundamental procedural safeguards and fair trial standards, in accordance with the Basic Principles on the Role of Lawyers, and that all persons deprived of their liberty have access to an independent and effective complaints mechanism;

Freedom of expression

The State party should take the measures necessary to ensure the full enjoyment of the right to freedom of opinion and expression, with reference to General Comment no. 34 (2011) on the freedoms of opinion and expression. In particular, the State party should:

(a) Adopt measures to effectively protect individuals exercising their freedom of expression, including the adoption of legislation to protect human rights defenders and to guarantee their rights, including their right to effective remedies;

(b) Conduct prompt, thorough, and impartial investigations into all reports of harassment, intimidation and reprisals against human rights defenders, ensure that perpetrators are brought to justice, and if convicted, punished with penalties commensurate to the seriousness of the offence, and that defenders are able to carry out their work in a safe and enabling environment;

(c) Revise the legal framework including the Criminal Code and the revised Electronic Information and Transactions Law (EITL) in order to decriminalise defamation of the President or public officials, defining articles 27(1) and 28(3) of the EITL in accordance with the principles of legal certainty, necessity, and proportionality; and ensure that all restrictions on the internet access are non-discriminatory, necessary, and proportionate, as required by article 19 (3) of the Covenant;

(d) Review Ministerial Regulation no. 5/2020 with a view to guarantee transparency, procedural safeguards, access to evidence and the right to appeal to an independent body in line with the Covenant;

(e) Conduct training for judges, prosecutors, lawyers, and law enforcement personnel on the right to freedom of expression including online expression.

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Indonesia on the implementation of recommendations is due in 2027. The next list of issues will be adopted in 2030, and the next periodic report is due in 2031