VII. Recommendations

To the Government of the Indonesian Republic:

End the impunity enjoyed by members of the security forces by prosecuting and/or dismissing individuals who are found to commit human rights abuses.
Ensure that all credible allegations of criminal misconduct by security forces are investigated in an independent and professional manner.
Ensure all human rights violations committed by the military are dealt with in civilian courts and not in military courts.
Prosecute all criminal acts rather than allowing some to be dealt with through disciplinary procedures.
Suspend all active service members of security forces who are subject to credible allegations of human rights violations, pending final determination of internal investigations or legal proceedings. Dismiss such individuals if they are found responsible for a human rights violation.
Discontinue sweeping operations that target civilians for abuse in the course of hunting OPM members and adopt more targeted approaches that do not collectively punish communities.
Release all persons arrested or imprisoned for the peaceful expression of their political views.
Ensure inclusion of the international definition of torture as a crime in the KUHP. Develop mechanisms to ensure that torture victims have effective means of redress.
Require the Attorney General’s office to provide written and public reasons for decisions rejecting Komnas HAM recommendations to indict members of the security forces for criminal human rights abuses.
Grant unfettered access to diplomats, journalists, and human rights organizations to all parts of the two Papuan provinces to improve the balance and accuracy of reporting.
Provide victims of sexual violence with appropriate and timely health services. These services should include counseling, emergency contraception, post-exposure prophylaxis (PEP) to prevent HIV-transmission, voluntary testing, and treatment for those affected with HIV/AIDS.
Cooperate with donors in their efforts to provide coordinated and professional medical and psychological assistance to victims of sexual violence.
Train police, prosecutorial, and judicial staff in handling sexual violence complaints and gathering and analyzing evidence, including forensic evidence. Ensure personnel have adequate funds to carry out their duties effectively.
Increase the number of Special Service Units (RPK) in both Papua and West Papua provinces and provide adequate training for the staffs of those units.
Implement the Memorandum of Understanding between the State Minister of Women’s Empowerment, other government ministries, and the Chief of Police to create and manage one-stop crisis centers for victims of gender-based violence. Introduce a hotline and other mechanisms for victims to seek help confidentially.

To the Government and the National Police of the Republic of Indonesia (POLRI):

Investigate all cases involving allegations of abuses by the police. Where there is sufficient evidence, prosecute relevant individuals in the Courts of General Jurisdiction, and subject them to disciplinary procedures.
To improve community relations, recruit and deploy more indigenous Papuan police officers to the Central Highlands area and promote appropriately qualified Papuan police officers into senior leadership positions in the two Papuan provinces.
Require police officers to file reports of police misconduct where they become aware of human rights violations committed by police or security forces instead of waiting for complainants to come forward.
Prosecute all police behavior which constitutes criminal conduct before the Courts of General Jurisdiction under the criminal code (KUHP)--and not as disciplinary offences.
Dismiss police officers found responsible for human rights violations.
Routinely inform victims of the status of investigations into their complaints and notify them of final court or disciplinary decisions. Make public and available all decisions concerning allegations of misconduct against members of the security forces.
Provide a written explanation to a complainant for a decision not to prosecute a police officer. Provide a process for that decision to be independently reviewed.
Provide all police regular training on ethical conduct and implementation of use of force policies, including practical scenario-based exercises to assist in formulating judgments about the proportionate and reasonable use of force.

To Papuan community leaders:

Work with the police and security forces to provide security at public demonstrations and gatherings.

Encourage Papuans to develop legal strategies for holding their elected representatives accountable to strengthen civil society’s capacity to peacefully demand for improved governance.

July 2007

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