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

Select target paragraph3