This page summarizes cases raised with Indonesia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Indonesia.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Indonesia, English).
Observations
The Special Rapporteur regrets that the Government of Indonesia did not respond to any of his communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.
The Special Rapporteur further urges the authorities to ensure the protection of individuals belonging to religious communities, and in particular the congregation of the Taman Yasmin Indonesian Church, exercising their rights to freedom of peaceful assembly and of association.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Indonesia of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Indonesia for its response, but regrets that the Government of Indonesia did not respond to his communications of 31 August 2012, 23 February 2012, and 8 July 2011. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.
The Special Rapporteur remains very concerned about the situation of human rights and political activists in West Papua who exercise their rights to freedom of peaceful assembly and of association. He urges the authorities to ensure the protection of individuals exercising such rights.
The Special Rapporteur reiterates his concerns about the Bill on Societal Organizations, which, as highlighted in a press release issued jointly on 14 February 2013 by the Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the promotion and protection of the right to freedom of opinion and expression, on the situation of human rights defenders, and on freedom of religion or belief, “threatens with undue restrictions the rights to freedom of association, expression, and religion. They urged Members of Parliament to amend the Bill to bring it in line with international human rights norms and standards”1 (see notably A/HRC/20/27). He urges again the authorities to amend the Bill accordingly.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds again the Government of Indonesia of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur regrets that the Government of Indonesia has not responded to his communication. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communications.
The Special Rapporteur remains very concerned about the situation of human rights defenders and political activists in West Papua who exercise their rights to freedom of peaceful assembly and of association. He urges the authorities to protect and facilitate the exercise of their rights, and not unduly interfere with it.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds again the Government of Indonesia of his country visit requests sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur regrets that he did not receive replies to date to his communications and reiterates hat responses to his communications are an important part of the cooperation of Governments. He looks forward to receiving detailed responses to the questions raised in them, in at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Negative obligation of the State to not unduly interfere with these rights
The Special Rapporteur urges the Government of Indonesia to take measures to put in place an enabling environment for associations to operate safely and for protests to take place free from undue restrictions. He remains concerned about the reported excessive use of force during peaceful assemblies in Waena and Abepura in April 2014 and about the denial to register an association and to authorize it to organize a rally in Jakarta in May 2014 (IDN 1/2014). He recalls that the State committed to protecting and promoting rights set forth in international law and standards, including in the International Covenant on Civil and Political Rights acceded by Indonesia on 23 February 2006 that provides for the rights to freely associate and assemble. He reaffirms that while assemblies can be subject to certain restrictions, which are prescribed by law and are necessary in a democratic society, there should be a presumption in favour of holding peaceful assemblies and prohibitions should be measures of last resort. In this context, he believes that a swift notification procedure to hold a peaceful assembly complies better with international standards, whereas other requirements can lead to undue interference. Similarly, he is of the view that authorities should automatically grant associations legal personality as soon as notified (A/HRC/20/27, paragraph 28).
In relation to the reported undue human rights restrictions against the indigenous people of Biafra, the Special Rapporteur echoes the call of the Committee on Economic, Social and Cultural Rights to, inter alia, strengthen the legislative protection against discrimination, prohibit discrimination, and punish perpetrators and provide remedies and reparation for victims (E/C.12/IDN/CO/1, paragraph 10). He further stresses that indigenous communities are a category of people that require special attention. He reminds that a resolute positive environment that allows and promotes the rights of all people to freely associate and assemble is essential in order for the State to fully comply with its international human rights obligations.
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to Indonesia, as indicated by his letters on 23 September 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur regrets that he has not yet received a response to his communications sent during the reporting period, and reminds the Government of Indonesia that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in them, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his concern at at the threats made against Mr. Hesegem, which appear to be a clear attempt to dissuade him from documenting human rights abuses committed by local and regional police in the West Papuan highlands. Similarly, He remains concerned at the apparent role of local and regional police in the on-going intimidation and harassment of Mr. Hesegem, which appears to be related to the legitimate exercise of his right to freedom of expression. He reminds the Government of Indonesia of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or threats of any sort.
The Special Rapporteur further reiterates his grave concern at what appears to be a pattern of excessive use of force by Indonesia security forces against indigenous peoples in Papua Province, which has resulted in the killing of nine persons and injuries to many others. In several instances, they were exercising peacefully their rights to freedom of opinion, expression, assembly and association. He remains also concerned that the alleged use of firearms and excessive force by Indonesian law enforcement personnel appears to target primarily members of indigenous Papuan communities. He urges the authorities to undertake a thorough and independent investigation into these cases, hold the perpetrators accountable, and provide remedies to the victims and families of victims. He also wishes to refer to the joint report on the proper management of assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66), which is particularly relevant to the present situation.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit Indonesia, as indicated by his letters on 23 September 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call upon States to consider favourably his requests for visits.
Observations
The Special Rapporteur regrets that no responses have been received to either of the two communications sent during the reporting period and reiterates that he considers responses to his communications an essential component of implementing his mandate and urges the Government to submit the outstanding replies.
Regarding the case of excessive use of force, killing, torture, arbitrary detention and charges against individuals celebrating West Papuan National Day on 1 December 2015, the Special Rapporteur expresses his most serious concerns to the effect that the killings and injuries had been inflicted in an attempt to restrict the right to freedom of expression and freedom of peaceful assembly by indigenous Papuans. Concerns are expressed that police detained and held protesters overnight; forcibly dispersed crowds and reportedly used excessive force and violence. He further expresses grave concern that the alleged motivation for the aforementioned violations is an attempt to stifle the rights of individuals celebrating Papuan National Day by restricting their rights to freedom of peaceful assembly and freedom of expression.
In the case of the arrest and degrading treatment of twenty activists supporting the West Papua National Committee (KNPB), the Special Rapporteur expresses grave concerns about the alleged excessive use of force, violence, harassment and arbitrary arrest as measures of retaliation and intimidation against the legitimate exercise of the rights to freedom of expression and peaceful assembly of West Papuan activists. Serious concern is expressed about what appears to be a crackdown on individuals and organizations that support the West Papua movement in the country. The Special Rapporteur urges the Government to provide substantive responses to the allegations contained in his communications.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
