Access and visit to Papua and West Papua provinces is widely open according
to prevailing rules and regulation applied to all parts of Indonesia.
On one case mentioned, the person was recently released based on the
remission that he is entitled to. He was convicted not because of his expression
but he was found guilty of violating crimes against public order, which is
legitimate under ICCPR.
Peaceful protest is guaranteed in our Constitution for all parts of Indonesia.
While protecting this right, we believe that our legal framework regulating
peaceful freedom of expression in public has been consistent with legitimate
permission under ICCPR.
Notwithstanding all the efforts, we are well-aware of the challenges, including
the capacity and development. In this regard, the government pays special
attention to expedite the enhancement of human resource and institutional
capacity and development.
We also continue to confront culture of denial. Complaints have been quickly
responded, and any violation of the law is immediately prosecuted. The chief of
police have issued regulations on human rights, anti-torture, and the use of
firearms and managing public demonstrations. The military commander has
also enacted the similar regulations. Community policing has been implemented
throughout police system. It should be noted that the large part of police force
in the provinces of Papua and West Papua are locals, including the provincial
police chief.
The above element on combating impunity by law enforcement officers is to
respond the statements made on the conduct of police in the Indonesian
province of Aceh. It is also well-known that our corruption eradication
commission has been working independently and tirelessly to combat
corruption. Those statements, in our view, lack of up-to-date and
comprehensive understanding on the situation on the ground.
Mr. Chair,
To put into the context, Indonesia, as a democratic country, has put strong
infrastructure to promote and protect human rights of all. Examples include
Law No. 40/2008 on Elimination of Racial Discrimination, the Penal Code
(which stipulates and guarantees the rights of those who are arrested, detained,
or convicted), Law on Protection of Witness and Victim and law on legal aid and
Law on Juvenile Justice System (which has incorporated the principles of
restorative justice and alternative sentencing).
Bottom-up initiatives are also encouraged and developed. The examples include
human rights cities in Wonosobo and Bandung and the human-rights based
Policing programs in North Jakarta Police Precinct.