Indonesia: Drop Charges Against ‘Freedom Flotilla’ Supporters In West Papua Province
AMNESTY INTERNATIONAL
Indonesia: Drop Charges Against ‘freedom Flotilla’ Supporters In West Papua Province
Amnesty International calls on the Indonesian authorities to drop the charges against four Papuan activists who were
arrested last week for their peaceful political activism. The charges against them highlight the ongoing failure of the
Indonesian government to make a distinction between violent armed groups and peaceful activists, and between peaceful
expression of opinion and acts of physical violence.
Four men, Apolos Sewa, Yohanis Goram, Amandus Mirino and Samuel Klasjok, who are members of the Sorong branch of the
Papuan Customary Council (Dewan Adat Papua,DAP) were arrested by the Sorong district police on the evening of 28 August 2013. They had taken part in a peaceful prayer
gathering, alongside hundreds of people, at the Maranatha Church in Sorong city, West Papua province. The event was
organised in solidarity with the planned visit of a “Freedom Flotilla”, a boatload of Australian activists, due to enter
Indonesian waters in the coming weeks to highlight the human rights situation in Papua.
During the ceremony, the “Morning Star” flag – a banned symbol of Papuan independence and identity – was raised together
with the aboriginal and Torres Straits flags. The four men were subsequently taken to the Sorong city police station for
questioning without legal counsel and on the following day were charged with “rebellion” (makar) under Articles 106 and 110 of the Criminal Code, which carries a maximum life sentence. They have been released
pending trial, although they are required to report back to the police twice a week.
Amnesty International believes the four men were arrested and charged solely for their peaceful political activism,
which remains highly restricted in Papua. Over 70 people are currently imprisoned, some as long as 20 years, for
attending, organizing or participating in peaceful political activities, protests or possessing, raising or waving the
prohibited pro-independence flags of Maluku and Papua. Amnesty International considers them prisoners of conscience who
should be immediately and unconditionally released.
In Sorong itself, seven other people are currently on trial for “rebellion” for their involvement in a peaceful
gathering on 30 April 2013 in the Aimas district, around the commemoration of the 50th anniversary of the handover of
Papua to the Indonesian government by the United Nations Temporary Executive Authority on 1 May 2013. Before they were
arrested, security forces reportedly opened fire on the gathering killing two men, Abner Malagawak and Thomas Blesia, on
the spot while Salomina Kalaibin, a woman, died six days later due to gunshot wounds to her stomach and shoulder. There
has been no independent criminal investigation into their deaths.
Amnesty International calls on the Indonesian authorities to respect the rights of Papuans to freedom of expression and
peaceful assembly which are guaranteed in Article 19 and Article 21 of the International Covenant on Civil and Political
Rights (ICCPR), to which Indonesia is a state party. This should include ensuring accountability for all human rights
violations during demonstrations, releasing all prisoners of conscience, and revoking or amending all laws that
criminalize freedom of expression, in particular Articles 106 and 110 of the Criminal Code which criminalize peaceful
‘rebellion’, and Article 6 of Government Regulation No. 77/2007 which prohibits the display of regional logos or flags
which are also used by separatist organizations.
The organization is further concerned that the Indonesian authorities continue to restrict access to international human
rights organizations, international journalists and other observers to the provinces of Papua and West Papua. The denial
of free and unimpeded access to these provinces limits independent reporting of the human rights situation there. In May
2013, the UN High Commissioner for Human Rights, Navanethem Pillay, urged Indonesia to “allow international journalists
into Papua and to facilitate visits by the Special Rapporteurs of the UN Human Rights Council”. A visit by the UN
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to Indonesia
scheduled for January 2013 has been postponed indefinitely.
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.
ENDS