9. I also welcome recommendation [21] on the need for practical guidance on the impartial
application of the law. In Indonesia, treason laws are unfairly and disproportionately applied
against indigenous Papuans who peacefully exercise their right to freedom of expression.
Further, West Papuans are criminalised for displaying the Morning Star flag. Despite the flag
being a recognised cultural symbol under the Special Autonomy law– subsequent laws have
banned its use. These laws are used to criminalise indigenous Papuans and to prevent their
cultural heritage and their legitimate expression of nationalism and political will. This
recommendation should therefore go further than addressing the discriminatory application
of law to require states to repeal laws that are discriminatory on their face and which permit
police to discriminate against minorities in this way.
10. Finally, I welcome recommendation [26], requiring police to report and prosecute crimes
against minorities. However, the problem is that police are very often the perpetrators. I
emphasise the importance of recommendations requiring states to ensure justice for state
crimes against minorities. In West Papua, security forces enjoy almost absolute impunity,
which reinforces these discriminatory and violent practices, and reinforces to Papuans that
the criminal justice system only works against them, and not for them.
11. There should be clear recommendations to international and regional organisations to
supervise compliance with these recommendations. As the Melanesian Spearhead Group
and Pacific Islands Forum propose solidarity and fact-finding missions to West Papua in
response to the concerns I have mentioned here, it is also important to include
recommendations to ensure states like Indonesia allow such missions unimpeded access.
Jennifer Robinson
Director of Legal Advocacy
Bertha Justice Initiative
Bertha Foundation