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To the Government of Indonesia

· Acknowledge and openly address the historical, economic, and political grievances of Papuans. These include denigration of Papuan culture, economic disparities between Papuans and non-Papuans, public and private sector employment discrimination, and failure to prosecute security forces responsible for past atrocities dating back to the 1960s.

· Prosecute police and Brimob officers responsible for excessive use of force, torture, and murder in the Abepura case. This requires that adequate resources be devoted to the new Human Rights Court currently being established in Makassar, and that the Attorney General formally bring charges against the suspects, based on the detailed report prepared by the Indonesian commission of inquiry that investigated the case.

· Establish, publicize, and implement guidelines for the security forces, consistent with international rights standards, detailing the proper response to pro-independence actions and expression.

Secession movements can pose legitimate national security concerns, but whether any particular expression of ethnic nationalism or support for secession poses a legitimate security risk requires analysis of the context. The Johannesburg Principles on National Security, Freedom of Expression and Access to Information (drafted by international law and global rights experts in 1995 and endorsed by the U.N. special rapporteurs on freedom of expression and on the independence of judges and lawyers), include the following relevant provisions:

Principle 5: No one may be subjected to any sort of restraint, disadvantage or sanction because of his or her opinions or beliefs.
Principle 6: [Apart from legitimate state secrets,] expression may be punished as a threat to national security only if a government can demonstrate that: (a) the expression is intended to incite imminent violence; (b) it is likely to incite such violence; and (c ) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.

Human Rights Watch recommends that Indonesia adopt these principles and enact appropriate legislation. The rights framework that Indonesia adopts for pro-independence expression should also make a clear distinction between display of pro-independence symbols in private homes and property, which, if peaceful, should be left alone, and display in government offices and property, which the authorities have the discretion to regulate.

· Uphold its international obligations to respect freedom of speech, of the press, of assembly, of association, and of peaceful demonstration, and to cease arrests, harassment, and arbitrary detention of individuals based on their political views.

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.

· Release unconditionally all prisoners held for peaceful expression of their political views, including the independence leaders and activists currently imprisoned in Wamena. To the extent that any of those individuals engaged in acts of violence, they should be given a new trial consistent with international standards.

· Drop criminal charges against all defendants currently on trial for peaceful expression of their political views, including the five independence leaders being tried in Jayapura and the four students on trial in Jakarta.

· Amend or repeal all articles of the Criminal Code which have been used to imprison individuals for their legitimate peaceful activities, including the provisions of the old subversion law which have been retained in the revised code, and so-called "hate-sowing" articles, all of which remain in force. The latter include: Article 154, "...the public expression of feelings of hostility, hatred or contempt toward the government;" Article 155, prohibiting the expression of such feelings or views through the public media; Article 160, proscribing the "incitement" of others to disobey a government order or to break the law; Article 134, prohibiting "insulting the President;" and Article 137 providing criminal penalties for anyone who "disseminates, demonstrates openly or puts up a writing or portrait containing an insult against the President or Vice President."

· Repeal or amend article 106 of the Indonesian Criminal Code, outlawing "rebellion," to bring it into conformity with international standards. As it currently exists, the law allows for prosecution of those engaged in peaceful advocacy of independence.

· Remove arbitrary restrictions on access to all regions of Papua by journalists and humanitarian and human rights workers. Any government-imposed restrictions should be consistent with Principle 19 of the Johannesburg Principles, which provides in relevant part: "[G]overnments may not prevent journalists or representatives of intergovernmental or non-governmental organizations with a mandate to monitor adherence to human rights or humanitarian standards from entering areas where there are reasonable grounds to believe that violations of human rights or humanitarian law are being, or have been, committed. Governments may not exclude journalists or representatives of such organizations from areas that are experiencing violence or armed conflict except where their presence would pose a clear risk to thesafety of others."

· Security officials should at all times act in accordance with the United Nations' Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, including its requirements that all law enforcement officials exercise restraint in the use of force and act in proportion to the nature of the threat they face, "minimize damage and injury and respect and preserve human life," and use firearms only when less dangerous means are not practicable.

· Treat all individuals arrested or detained during protest rallies in accordance with internationally recognized standards of criminal justice:

- Under no circumstances should individuals be arrested for the peaceful exercise of their rights to free expression, association and assembly;

- Individuals arrested for suspected participation in violent acts should be informed immediately of the charges against them, and be presumed innocent unless and until proven guilty according to law in a public trial with all guarantees necessary for their defense;

- No individuals arrested or detained should be subjected to torture or to cruel, inhuman, or degrading treatment or punishment;

- All allegations of use of excessive force by security forces against protesters and other civilians should be subject to prompt, full, and impartial investigation by an independent body, and any security personnel found responsible for using or ordering excessive force should be prosecuted to the full extent of the law.

· Address ethnically based political resentments by working work with newly emerging local leaders, rather than against them, developing partnerships and channels for dialogue, so that decisions (such as the contours of _special autonomy_) are made with the participation of legitimate local leaders and do not come down from on high.

· End all forms of ethnic and racial discrimination against Papuans, including discrimination in employment; sanction members of the security forces who use racially or religiously charged epithets or other degrading comments in the course of carrying out their duties.

· Identify and prosecute individuals responsible for anti-migrant violence. The actual perpetrators and instigators, rather than uninvolved pro-independence leaders, should be held accountable for any such violent acts. Prosecution should be accompanied by clear articulation of minority rights guarantees.

To Papuan Community Leaders

· Publicly condemn anti-migrant violence and insist on respect for the basic rights of ethnic minorities. Papuan political and community leaders should publicly endorse the June 13, 2001 statement of Papuan church officials calling for an end to violence and should propose specific steps to end anti-migrant violence.

· Provide accurate information to the Papuan public on current political developments and work to dispel widespread public expectations of imminent political change; such unrealistic expectations, if allowed to build, may fuel violent conflict if the expectations are not met.

To the International Community

· Press Indonesian authorities to make the Abepura case a priority for prosecution under the new human rights court law, Law No. 26/2000, adopted in November 2000.

· Concerned governments should provide financial, technical, and logistic support to the human rights courts now being established pursuant to Law No. 26/2000.

· Press Indonesia to invite the U.N. Special Rapporteur on Torture to visit Papua and to invite the U.N. working group on arbitrary detention for a follow-up visit as a matter of urgency.

· Offer assistance to national and provincial authorities in community policing with participation by local human rights organizations and with a local civilian review board to ensure that such assistance is achieving the desired human rights objectives.

· During bilateral discussions with Indonesia, senior government officials from nations attending the "ASEAN Plus Three" meetings in Vietnam in July 2001 should express concern about ongoing rights violations in Papua.