Wednesday 24th July 2013

(10 years, 9 months ago)

Grand Committee
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Question for Short Debate
18:52
Asked By
Lord Bishop of Oxford Portrait Lord Harries of Pentregarth
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To ask Her Majesty’s Government what is their assessment of the human rights situation in West Papua.

Lord Bishop of Oxford Portrait Lord Harries of Pentregarth
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My Lords, violations of basic human rights in West Papua are not only continuing but becoming more frequent. In 2012-13 there were numerous incidents of West Papuans being shot, arrested and tortured simply for taking part in peaceful demonstrations. Leaders of the West Papua National Committee—the KNPB—are particularly targeted. To give just one example, at a peaceful demonstration on 1 May this year, three Papuans were shot—killings which were rightly condemned by both the UN High Commissioner for Human Rights, Navi Pillay, and Amnesty International. A list of 30 such incidents involving arrests for peaceful protests in just two weeks in April and May this year was sent to the OHCHR in Geneva by TAPOL on behalf of eight international organisations concerned with West Papua.

It will therefore be no surprise to learn that in 2012 alone there were some 200 political arrests and that there are at least 40 political prisoners in jail. Raising a West Papuan flag, for example, can lead to a charge carrying a life sentence. At the same time, sweeping operations by the Indonesian military in the highlands of West Papua continued throughout 2012-13, displacing thousands of villagers, with homes being burned and subsistence crops destroyed, as reported by the Asian Human Rights Commission. Despite the fact that foreign reporters and NGOs are severely restricted in their attempts to enter and report on what is going on —an issue that other noble Lords will raise—these facts are becoming ever more widely known in the world outside.

I know that our Government are aware of and concerned about these human rights abuses, as they have made clear in their Answers to several Parliamentary Questions. However, is it not also a matter of concern that an Indonesian counterterrorism unit, Special Detachment 88, trained by the UK, is believed to be operating in Papua, targeting leaders of the independence unit? We know that the training for this detachment includes issues of human rights, but we do not know whether that has had any effect at all on its operations. In view of the fact that human rights abuses are increasing, will the Minister ask the Foreign Office to undertake, as a matter of urgency, an impact assessment of the training that this detachment is receiving to see whether in fact it is making any difference at all?

Juan Mendez, the UN special adviser on the prevention of genocide, wrote in 2008 that West Papua was among those countries whose populations were “at risk of extinction”—a very serious charge. With the huge influx of Indonesians from Jakarta, the West Papuans are in danger of becoming a minority in their own country.

What are the Indonesian Government and the Indonesian elite in West Papua doing about this very serious situation? The policy in recent years has been to divide the country into two provinces, West Papua and Papua, give a degree of local autonomy to each one, deliver economic benefits and hope that this will lead to an end to the increasing unrest. The International Crisis Group, in its thorough and balanced 30-page report of last August, provided as part of the Library’s helpful briefing for this debate, evaluated that policy in these words:

“To date the law has failed to produce either improvement in the lives of most Papuans or better relations with the central government”.

Because even the Indonesian Government can see the failure, a special organisation, the Unit for the Acceleration of Development in Papua and West Papua, called UP4B, has been set up through presidential decrees to achieve what its name suggests. The polite language of the International Crisis Group’s report, in the chapter entitled “UP4B: Good Intentions, Diminished Hopes”, cannot disguise the fact that this policy continues to fail very badly. There is failure at the economic level—very little of the huge wealth being generated in this oil and mineral-rich country is being channelled to the people whose land it is—and there is a fundamental failure at a political level to engage in a political process with representative leaders of the indigenous people. Does the Minister agree that there is no serious chance of progress in West Papua unless the Government in Jakarta set up a serious process of engagement with West Papuan leaders, and will they urge them to do so?

I know that Indonesia is an important ally in the worldwide fight against terrorism and has made big strides in recent years towards genuine democracy in some parts of its legitimate territory. Our own country, like Australia, has important business links with it. West Papua has vast oil and mineral wealth; BP alone has a £7.5 billion stake in it. We can all understand the pressures of realpolitik coming from both Governments, to whom we need to relate, and international capitalism, whose money is needed for development.

However, the truth cannot be hidden forever. The 1962 New York agreement signed between the Netherlands, Indonesia and the United Nations guaranteed an “act of self-determination” for the people of West Papua. In 1969 that so-called Act of Free Choice took place. On 13 December 2004, when I was Bishop of Oxford, I asked the Minister at the time, the noble Baroness, Lady Symons of Vernham Dean, about what happened in 1969:

“Is she aware that Suharto’s Indonesia handpicked a little more than 1,000 people, out of a population of 800,000, and forced them to vote 100 per cent for union with Indonesia? Is she further aware that the secretariat of the UN advised the UN Assembly to accept the result of that vote as fair, even though it had agreed to be a guarantor of the fairness of the election? Does she agree that the present unrest in West Papua and the violence by the Indonesian Government are in part responses to the failure at that time?”.

On behalf of the Government, the Minister replied:

“I agree with the right reverend Prelate’s summing up of the position … He is right to say that there were 1,000 handpicked representatives and that they were largely coerced into declaring for inclusion in Indonesia”.

Sometimes, a chink of truth comes through. In her reply, the noble Baroness went on to say that the largely coercive vote was 35 years ago and that since then,

“the 2002 special autonomy legislation has been passed … It grants, for example, 70 per cent of oil and gas royalties originating in Papua—as well as 80 per cent of forestry, fishery and mining royalties—to the people of Papua”.

She concluded by saying that,

“these measures ought to be given a chance to imbed in order for us to see whether the greater autonomy thereby granted eases the situation”.—[Official Report, 13/12/04; cols. 1084-85.]

The first question that arises in my mind is whether that 70% and 80% of the royalties has been going to the West Papuan people. Is there any evidence of this? More fundamentally, the special autonomy measure has now been in place for 13 years. It has had plenty of time to embed and show results. What is revealed is the total failure of the policy itself, because it fails to address the fundamental issue, namely the political aspirations of the indigenous people. Given that the former UN Under-Secretary-General, Chakravarthi Narasimhan, admitted publicly in 2004 that the 1969 so-called Act of Free Choice was in effect a sham, will the Government join with International Parliamentarians for West Papua and International Lawyers for West Papua in asking the UN to conduct an inquiry into what happened in 1969 and then to instigate a referendum on the issue in West Papua itself?

Given the 2010 referendum on self-determination in South Sudan and the upcoming referendums on independence in New Caledonia—Kanaky—Bougainville and Scotland, and bearing in mind what happened in East Timor, would it not be prudent, as well as absolutely right, to press for a true, internationally monitored referendum? This issue is certainly not going to go away, however much the Indonesian Government might wish that it would.

19:02
Lord Kilclooney Portrait Lord Kilclooney
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My Lords, I congratulate the noble and right reverend Lord, Lord Harries, on securing this debate today. This is a subject that I knew nothing about until I came to the House of Lords. I place it on the record that the people of West Papua owe much to the noble and right reverend Lord for the way in which he has raised this subject throughout the past 10 years since I first came across it. It is a subject that is rarely mentioned in the press and the rest of the media or by the Government. It is not only a tragedy but, in the context of many tragedies around this world, one of the worst that I have come across—and living on the island of Ireland, I know what tragedies are.

One of the great problems of the modern world is that the Islamic and Christian worlds are given the impression that they are in conflict. I reject that. As a Christian myself, I accept that Islam and Christianity both believe in God and both accept the reality of Jesus—one as a saviour and the other as a prophet. We have much in common and should not be seen to be in conflict or presented by some people as being in conflict. After all, it was the western world that came to the rescue of Islam in Kosovo, where my son fought; in Bosnia, where my daughter fought; and even in Kuwait, where we relieved the Islamic people of Kuwait when they were invaded. We should take credit for these instances where we came to the rescue of Islam, and should not always allow ourselves to be portrayed as people who are opposed to it.

Of course, Islam is facing a great crisis, mainly between the Sunni and the Shia, and not just in Syria. It is happening right across the Middle East and north Africa, in Pakistan and in Indonesia, where the Shia are encountering problems with the Sunni majority. Indonesia is one of the great countries of the world today. It is the largest Islamic country in the world. It has a growing economy, so the United Kingdom requires a good relationship with that great nation. It is 86% Islamic and 9% Christian, and within it is West Papua which, as was mentioned by the noble and right reverend Lord, Lord Harries, has a population of around 800,000 of whom 55% are Christian and 40% are Muslim. It is the Christians in West Papua who are experiencing problems so far as freedoms are concerned. I recommend highly to anyone who reads the Hansard report of this debate that they should look at the House of Lords Library briefing pack because it is excellent. It goes into every detail of the atrocities that are taking place in West Papua. I could not go into that detail in the time available today, but I recommend the document.

The history of West Papua is rather sad because, after the Dutch left, the Indonesians invaded it in 1961. By 1969 the United Nations had shown an interest, saying that there should be, as the noble and right reverend Lord, Lord Harries, said, an Act of Free Choice. However, I underline what has just been said: there was no free choice. In fact, the Indonesians selected 1,000 chosen people to vote on behalf of the entire West Papuan population. They selected who could vote and more or less told them how to vote. They said that that was how democracy worked, that West Papua had expressed its opinion and that it wanted to be part of the Indonesian nation. Regrettably, there are now almost daily atrocities that are never reported in the media. The silence of the world on the tragedy of West Papua is amazing. There is hardly any government structure in the province, and certainly no one that you can really talk to in order to get the consent of the population. The international bodies and the United Nations itself, with their disregard of what is going on in West Papua, have been shameful in their attitude. They have ignored the tragedy of that part of Indonesia.

Does the Minister agree that the people of West Papua—I stress “the people”—never voted to be part of Indonesia? Does she accept that there are continual killings and a denial of human rights in West Papua today? It is time that we had clear answers to these allegations. When did Her Majesty’s Government last raise the issue of West Papua with Indonesia? I ask that because it is very important. In fairness, I think that the Prime Minister, Mr Cameron, did raise it, but I want that confirmed in the debate today.

Of course, it is hard to know what is going on day to day in West Papua if the press are forbidden to visit it in order to see what is happening and report on it openly. Freedom of the press is one of the essentials of democracy, so it is important that the press are given access to West Papua. As we know from the Belfast agreement talks, there can be a security solution or there can be a political solution. In a divided society like West Papua, there is no security solution. The more you apply security pressures, the more the opposition to the established Government will increase. The way forward must be through political dialogue, and I suggest that in their own interests the Indonesians, for whom I have great sympathy and whom I support—I repeat that it is a great country that we need to be friendly with—should develop a dialogue with West Papua. People may ask, “But with who? Who are the leaders in West Papua? How can you negotiate with them or have a dialogue?”. I suggest that the Indonesian Government should start a dialogue with the church leaders under the chairmanship of an independent statesman drawn from outside. That would be a beginning.

19:10
Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
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My Lords, I, too, pay tribute to the noble and right reverend Lord, Lord Harries, for tirelessly raising this issue in this House and thus doing something to remedy the paucity of the comment that one gets about this pretty worrying situation.

I declare a previous interest: from 2001 to 2009, I visited West Papua—which for the purposes of this debate, as the noble and right reverend Lord said in his introduction, is taken as comprising the two Indonesian provinces of Papua and West Papua—annually as a member of an independent panel set up by BP to offer the company advice on what can loosely be described as the performance of its corporate social responsibility in connection with the development of a large natural gas field situated under the waters of Bintuni Bay in the Bird’s Head region of West Papua, and a liquefied natural gas plant on the southern shore of the bay.

This panel, headed by former US Senator George Mitchell, visited Papua every year. We had talks with government and parliamentary leaders and NGOs in the capitals of the two provinces, Jayapura and Manokwari. We visited the sites for meetings with BP and its contractors and we held what the Americans would call town hall meetings in each of the 10 or so directly affected villages neighbouring the sites. We then discussed our findings with Indonesian Ministers and international agencies such as the World Bank in Jakarta, and presented the company with our recommendations. While I would not claim to be a genuine expert on West Papua, I have some familiarity with the region and its problems.

It is certainly extremely welcome that the noble and right reverend Lord, Lord Harries, has initiated this debate. That there have been and still are abuses of human rights in West Papua, mainly committed by members of the Indonesian armed forces and police, is really not in doubt. But because of what I regard as the Indonesian Government’s misguided policy of banning visits to the provinces by international journalists and NGOs, too little is known about these abuses, their nature and the background to them. Where secrecy prevails, rumour and allegations flourish, which is why I regard the Indonesian Government’s policy as misguided.

One part of the background that needs to be borne in mind is the massive size of West Papua and the sparsity of its population. They may be the poorest provinces of Indonesia but they are also the least populous. Those areas where the most abuses have taken place—the two provincial capitals, the mountainous regions along the international boundary with Papua New Guinea, and the area around the huge copper and gold mine being operated by Freeport-McMoRan at Timika—are often separated by hundreds of miles of trackless jungle from other, largely peaceful parts of the two provinces.

To address the point made by the noble Lord, Lord Kilclooney, about faith relationships, another dimension is the peaceful coexistence across most of the provinces of communities of Catholics, Protestants and Muslims. In the villages around Bintuni Bay, it was normal to find Catholic and Protestant churches and a mosque in the same village.

As one of the Muslim imams said to us when the panel talked to him, “Please do nothing to disturb the amity in which our communities have lived for many centuries”. That was sage advice, and the Indonesian Government, often beset elsewhere in the country with acute interfaith tensions, would do well to heed it.

What can be done to avoid the human rights abuses that take place? Part of the solution lies in better training for, and tighter control over, the Indonesian military and police. I look forward to the Minister responding to the point that was made by the noble and right reverend Lord, Lord Harries, about the training that we give them, the effect that it has and whether we have any evidence that it is actually producing better performance. Just as important as that is to make a living reality, not just a paper reality, of the regional autonomy that Indonesia has granted to its provinces. Raising the living standards and the access to healthcare and to education of indigenous populations, which are among the poorest in the world, is another.

Above all, the Indonesian Government need to demonstrate respect for the cultural particularities and identity of indigenous Papuans. These are real and based on centuries of history. Any attempt to homogenise the provinces to a kind of Indonesian norm, or to encourage substantial inward migration from other parts of Indonesia, would inevitably raise tensions and lead to the sort of incidents at which human rights abuses have occurred and are still occurring. As the example of East Timor showed, a policy of repression is only too likely to be counterproductive; it is far better to pursue the objective of reconciling Papuans to their continuance as a part of Indonesia by generous policies of regional autonomy and economic development. To be fair, these are the proclaimed policies of the Administration of President Susilo Bambang Yudhoyono, but too often in the past practical application has diverged from these admirable objectives.

What role should Britain play in all this? We should certainly not just snipe from the sidelines when allegations of human rights abuses are brought up, although we should not turn a blind eye to them. We should also do our best, I suggest, through our aid programme, the provision of training and scholarships and the enlargement of responsible inward investment—such as I believe BP has provided in the Tangguh project, which is now undergoing rapid expansion—to create the conditions and the capacity-building that will encourage Papuans to believe that a peaceful and prosperous future is not beyond their reach. I hope that the Minister can say something about the way in which the Government are playing a positive role in West Papua, both now and in the future.

19:17
Lord Avebury Portrait Lord Avebury
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My Lords, the noble and right reverend Lord, Lord Harries, reminded us of the betrayal by the UN of the people of West Papua after Indonesia invaded and occupied the territory in 1961; it then connived with the so-called Act of Free Choice, when 1,000 handpicked men were coerced into ratifying the annexation. Today, unfortunately, the UN seems just as helpless in dealing with the gross and persistent violations of human rights inflicted on the occupied people, of which a great many examples were given recently to the Human Rights Committee, including a 53-page report from Amnesty International. Another was a report by TAPOL, which campaigns for democracy and human rights in Indonesia, and I declare an interest as its honorary president, having been connected with it and its distinguished founder, Carmel Budiardjo, for the 40 years of its existence.

This detail describes some of the 200 political arrests in the territory in 2012. A number were shot, some of them fatally, while allegedly resisting arrest. Those who continue to speak about self-determination for the territory, as they have every right to do under Article 1 of the International Covenant on Civil and Political Rights, risk prosecution under Article 106 of the criminal code, which prescribes life imprisonment for any attempt to separate a part of the state. I hope that the Prime Minister will invite President SBY to visit the UK in September next year so that he can see how we deal with demands for self-determination in this country.

The Indonesians should recall their own experiences with East Timor, mentioned by the noble Lord, Lord Hannay, which achieved independence, and Aceh, which gained a substantial degree of autonomy, after long and bloody struggles. In both cases, the results were achieved through dialogue, as I remember from having been an adviser at the talks between the Indonesians and the Free Aceh Movement between 2000 and 2002. That process, and the agreement subsequently moderated by former President Martti Ahtisaari of Finland, could form a model for eliminating the causes of human rights violations in West Papua, rather than Indonesia pursuing futile attempts to eradicate the movement for self-determination by military force and draconian laws.

The results of the present policies are illustrated by a report from Human Rights Watch focusing on violence, impunity and the denial of access to foreign journalists and the UN special procedures. The UN special rapporteur on extrajudicial executions requested a visit in 2004 and again in 2008, but has never received a reply. This came up at the Human Rights Council, but in the 208 paragraphs of the Government’s reply to the list of issues raised, there was no reference to the egregious denial of the UN special procedures’ right of access to perform their duties.

Navi Pillay, the UN High Commissioner for Human Rights, issued a statement in May calling on Indonesia to allow visits by journalists and by the UN special procedures. A visit by the UN special rapporteur on freedom of expression, which had been scheduled for January, was postponed indefinitely. The UK was among the states that echoed the demand that they be admitted, and I hope my noble friend can tell your Lordships what further steps can be taken by the UN Human Rights Council, or what else can be done, to deal with the open defiance of the UN’s authority. I recognise that it would be difficult to get agreement on raising the powers of the UN’s human rights mechanism, but does my noble friend agree that if there are no coalitions of the willing ready to impose penalties on recalcitrant states, it is only to be expected that those states will ignore the Human Rights Council, as Indonesia does?

Indonesia’s Government say that there is freedom of the press, that people criticise the Government and that there is no bar even on separatist opinions. On the other hand, Amnesty says that peaceful political activists continue to be arrested and detained. Of the 76 political prisoners recorded by Papuans Behind Bars, no fewer than 42 are charged under Article 106; there are probably more, because in a number of cases the charges are unknown.

The situation in West Papua is almost certainly a lot worse even than we are able to describe, because of the barriers to access, particularly in respect of the UN special procedures. The special representative to the Secretary-General on human rights defenders was there in 2007, which was the last such visit. She found that a climate of fear prevailed,

“especially for defenders engaged with the rights of the Papuan communities to participation in governance, control over natural resources and demilitarization of the province”.

That provides a clue as to why Jakarta is so paranoid. As we heard from the noble Lord, Lord Hannay, West Papua is a land of immense mineral and forestry wealth and the Indonesians do not want outsiders poking their noses into the way that companies such as Freeport, which operates the largest gold and copper mine in the world, are causing permanent environmental damage and riding roughshod over the rights of local people, with the backing of the Government.

The Constitutional Court ruled in May that an Act that allowed the state to claim forest land previously owned under customary law by indigenous people was unlawful. If that has force, there should be equality of arms between the Government-backed multinationals and the indigenous people. I would be grateful if my noble friend would inquire into the effect of this ruling on the dispossession of indigenous people in previous years.

I am sorry that Indonesia is not a country that concerns the FCO, according to its annual report on human rights and democracy; nor is West Papua even mentioned in the section of that report dealing with indigenous rights. I respectfully suggest that human rights abuses in West Papua are serious enough to justify a much higher priority than the Government have accorded them in the past and that the issues raised in this debate demand their urgent attention.

19:24
Lord Collins of Highbury Portrait Lord Collins of Highbury
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My Lords, I, too, thank the noble and right reverend Lord, Lord Harries, for initiating this important debate. Indonesia has been undergoing a process of democratic transition. Certainly, the human rights situation in Indonesia has improved over the past 15 years and there is no doubt that its Government remain committed to further progress, as indicated by their signing up to a range of international conventions.

Like the coalition, the previous Labour Government believed that the complex issues in Papua can best be resolved through peaceful dialogue between the people of Papua and the Government of Indonesia. The previous Government supported the territorial integrity of Indonesia and encouraged its Government, through genuine engagement with Papuan representatives, to make real the 2001 special autonomy legislation.

However, as we have heard in today’s debate, the picture in West Papua is not one of progress but one of increased violence and repression. Indonesia’s treason laws continue to be used to punish free expression. Peaceful demonstrations are banned and attacked by the security services. In the past 12 months there have been numerous incidences of Papuans being shot, poisoned, arrested and tortured for taking part in peaceful demonstrations and other activities associated with independence aspirations.

As the noble and right reverend Lord, Lord Harries, reminded us, the most recent example was the peaceful demonstrations on 1 May 2013 to mark 50 years of Indonesian control over West Papua. Three Papuans were fatally shot. Following this, a demonstration was planned to commemorate the three people who were killed. The local police banned the demonstration, which took place anyway. The demonstration was repeatedly attacked by police, and four members of the West Papuan National Committee, including its chairman, were arrested and reportedly tortured.

In contrast to these actions, the Indonesian Government, as we have heard, talked of the special autonomy measures established through presidential decree in 2011, which they claimed would accelerate development in Papua and West Papua. Programmes related to the enhancement of food security, poverty eradication, community-based economic development, education, health and basic infrastructures are, they say, their key focus. However, as the noble and right reverend Lord, Lord Harries, asked, where is the evidence?

Almost exactly two years ago, the noble Baroness’s predecessor, the noble Lord, Lord Howell of Guildford, stated on the Floor of the House:

“If we can get expanded commercial and economic activity, effective inward investment and the expansion of trade, this will pave the way for a more open society and a more effective policing of human rights”.—[Official Report, 19/7/11; col. 1193.]

I ask the Minister whether, two years on, she still holds to that assessment and, if so, what action could the EU and the British Government take to ensure speedy and genuine economic development with proper autonomy for the people of West Papua.

Despite the welcome progress on human rights generally, in the report of the UN Human Rights Council’s universal periodic review 12 months ago, the UK Government noted the increase in violence and called for renewed efforts to address the challenges in Papua and West Papua. Can the Minister give us an assessment of what sort of progress has been made since that report?

In the same report, the US expressed concern about the failures to create and enforce the framework of accountability for abuse by the military and police, and the failure to protect certain religious minorities. As we have already heard in the debate, the Human Rights Committee on 11 July concluded its consideration of the initial report on Indonesia’s implementation of the provisions of the International Covenant on Civil and Political Rights, which is one of the most important human rights treaties that Indonesia has ratified.

The committee also highlighted the ongoing violence in Papua and deplored the excessive use of force by the Indonesian security forces. It, too, highlighted the fact that there is no effective mechanism to hold members of the military accountable. As we have heard, some 70 extrajudicial killings had recently taken place in Papua, but no one was prosecuted. Impunity had become a structural problem in Indonesia. Criminal prosecutions and sanctions were appropriate measures to combat police violence and had to be implemented. The committee’s clear view was that such violations were likely to continue until Indonesia takes measures to develop effective complaints procedures.

Indonesian military tribunals are in most cases not open to the public and therefore lack transparency, impartiality and independence. The Indonesian Government have claimed that these tribunals are generally accessible to the public, but that is strongly challenged by human rights groups. NGOs who attended the review expect the committee to make strong recommendations to the Government to review the military court law. Will the Minister, on behalf of Her Majesty’s Government, reinforce that call?

On freedom of the press, the Indonesian delegation claimed to the committee that the local media in Papua are free to publish any news—despite, as we have heard in the debate, continued evidence of intimidation, threats and violence against local journalists. As the noble Lord, Lord Kilclooney, reminded us, the international media are barred from entry. In recent years, the international community has had to witness the extrajudicial killing of journalist Ardiansyah Matra’is and the violent attack against Banjir Ambarita. The UN Human Rights Committee review deplored the lack of freedom of expression in Papua. The Indonesian Government delegate, who also happens to be in charge of the Unit for the Acceleration of Development in Papua and West Papua, responded by saying that,

“freedom of expression is not absolute”.

The Government see this limitation of freedom of expression as necessary to maintain state sovereignty and the territorial integrity of Indonesia, a point that was also made by the noble Lord, Lord Hannay.

The committee’s experts quite rightly sought clarification regarding the declaration made by Indonesia upon its signature of the convention concerning limitations to the right of self-determination. What was the scope of the reservations? The covenant had to be implemented in all regions, regardless of their autonomy, and the Government were bound to ensure that all its provisions were fully implemented, even in regions where by-laws were in contradiction with some the provisions.

The noble and right reverend Lord, Lord Harries, mentioned the Indonesian counterterrorism unit, Special Detachment 88. Trained by the UK, it is believed to be operating in Papua to crack down on the Papuan independence movement, including the alleged assassination of its leaders. The activities of this unit in West Papua have been extensively covered in the Australian media, such as the October 2012 article by ABC News, as highlighted in the excellent Library briefing. I ask the Minister whether Government have plans for the ongoing funding of Special Detachment 88 training through the Jakarta Centre for Law Enforcement.

Finally, I repeat the words with which I started my speech: dialogue and discussion with the genuine representatives of the Papuan people is vital if progress is to be made, peace to be restored and economic development to be achieved.

19:34
Baroness Warsi Portrait The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)
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My Lords, I thank the noble and right reverend Lord, Lord Harries of Pentregarth, for proposing this debate on the human rights situation in the Indonesian provinces of Papua and West Papua.

Last year was momentous for relations between Indonesia and the UK. Following the Prime Minister’s visit in April 2012, I travelled to Indonesia in late May and saw for myself the huge progress this multiethnic state has made since its transition from autocracy to democracy. I visited Aceh, now recovering from the twin blows of a long-running conflict and the devastating tsunami. I met students and parliamentarians and we had discussions about extremism and human rights, as well as other issues.

Last year culminated in the state visit to the UK of the Indonesian President, which has set the bilateral relationship on a new footing. Indonesia is a G20 partner and regional powerhouse. It is playing a positive role in regional security dynamics, and the Indonesian President is showing global leadership through efforts including co-chairing the High-Level Panel on the Post-2015 Development Agenda with the Prime Minister.

Today our reinvigorated relationship is grounded in strong political, security and prosperity interests. But as Her Majesty the Queen said at the state banquet during the President’s visit,

“the partnership between Britain and Indonesia is also shaped by common values”.

It is a relationship that should be—and, indeed, is—viewed as a partnership through which we can each assume the role of a critical friend. It is in this spirit that we discuss issues of concern, including human rights in Papua.

As noble Lords are aware, the political situation in Papua is hugely complex. While it is portrayed by some as a clear-cut issue, this is simply not the case. Over the past decade or so, the human rights environment in Indonesia has been transformed. It now has a press and civil society that are free and vibrant, and has been on a positive journey in the region, especially on the issue of human rights. However, as the Indonesian Government themselves acknowledge, challenges remain in certain areas, including Papua.

President Yudhoyono has stated on a number of occasions that he supports a welfare rather than security approach to Papua, and we have seen members of the security forces who commit abuses being held to account. This is progress. Political rights are regularly exercised in local and national electoral processes, but we accept that challenges remain. Notwithstanding the significant funds that have been pumped into the region, access to education and healthcare is often poor, particularly for women and girls. Domestic violence rates are disturbingly high and freedom of expression is all too often stifled, as has been mentioned many times today.

As noble Lords have done today, the Government condemn all violations of human rights, no matter who the victim. Violations in Papua have been committed by the security forces as well as by those who claim to be striving for the rights of Papuan people. Verifying the details is often difficult given the remoteness of the region. We have heard from the noble and right reverend Lord, Lord Harries, about Papuans who have tragically paid with their lives. We also saw the appalling murder of eight Indonesian military personnel in February this year. Non-ethnic Papuans based in the highlands have been attacked and killed, and a German tourist was shot in May 2012.

The restrictions placed upon those voicing their political opinion are also cause for concern. Lengthy jail terms have been handed down for holding peaceful protests, and I pay tribute to the NGOs and their staff who work tirelessly to support these prisoners. Freedom of religion and belief and freedom of expression were raised at the universal periodic review. The invitation to the UN special rapporteur on freedom of expression to visit Indonesia is a positive step, and we firmly hope that this visit takes place soon.

I echo the concerns raised by the noble Lord, Lord Collins of Highbury, about journalists, NGOs and international organisations—including the International Red Cross, which has extremely limited access to Papua —and we have raised these with the Government of Indonesia at all levels. As the noble Lord, Lord Hannay, reminded us, without opening Papua up, there is a risk of misreporting or incidents being misrepresented. Incidents will remain hard to verify as long as Papua remains closed.

The Government are resolute in demanding that human rights be respected by all in Papua. We make this absolutely clear to the Indonesian Government at the highest levels. In the past 12 months alone, my right honourable friend the Prime Minister and President Yudhoyono discussed Papua when they met in November during the state visit—I can confirm that on the record. The human rights situation in Papua also features regularly in our discussions with the Indonesian Foreign Minister and the governor of Papua. British embassy staff visit the region regularly. As my noble friend Lord Howell of Guildford informed the House last year, in May 2012, as part of the universal periodic review, we, along with other UN members had an opportunity to comment on human rights progress in Indonesia.

On the human rights report, my noble friend Lord Avebury asked why it was not a country of concern. It was in fact covered under the heading of “Freedom of religion or belief” as one of the areas of concern we had about Indonesia. The noble Lord, Lord Kilclooney, raised the issue of human rights violations generally, and how far these concerns had been raised. I have already explained how these issues have been raised at the presidential level. I can, however, tell him that last September the ambassador visited Papua and met senior military and police officials, emphasising the need to respect human rights and ensure full and transparent investigations into any violent incidents, and only in April of this year, the British ambassador discussed the situation in Papua with the new governor of the province.

Human rights are fundamental and based on universal values. They are not there to be invoked only when economic conditions allow. Even so, a myriad of social, political and economic influences often lie behind human rights abuses, and these must also be addressed. The UK will therefore continue to encourage meaningful progress on governance issues, including the full implementation of the special autonomy law for the provinces of Papua and West Papua. We also support the increased focus on economic and social development to which the Government have committed themselves in order to address the widespread poverty in the region, especially among ethnic Papuans.

The noble Lord, Lord Collins, referred to the position of previous Governments on the political status of Papua. Of course, ours remains the same: the UK supports the territorial integrity of the Republic of Indonesia and does not support calls for the independence of Papua. Like the noble Lord, Lord Kilclooney, I recognise that the events surrounding the 1969 Act of Free Choice continue to be a focus of controversy for many with an interest in Papua and West Papua. The UK was not party to the process and we have no plans to support a review of the Act. All relevant UK documents relating to this period are now a matter of national record.

The noble and right reverend Lord, Lord Harries, and other noble Lords spoke about Special Detachment 88. Our training and engagement with the Jakarta Centre for Law Enforcement Co-operation, which includes officers from Densus 88, takes place within a framework of respect for the rule of law and a commitment to upholding human rights obligations in compliance with UK and international standards. All of the training delivered by the UK is rooted firmly in the importance of upholding human rights in counterterrorism investigations. Each training course contains a specific module on these obligations. There have been impact assessments; I think that there was one in 2011. However, for operational reasons we would not release an impact assessment on CT operations overseas.

Specific questions were asked about funding. I confirm that in the financial year 2011-12, the UK’s counterterrorism programme provided in the region of £400,000 of support to the Jakarta Centre for Law Enforcement Co-operation to deliver a package of six different classroom-based training programmes. We also deliver a regional course that brings together senior law enforcement officers from around south-east Asia to focus on the co-ordination and management of multi-jurisdictional investigations aimed at disrupting terrorism and transnational crime. Funding for our programme for the JCLEC has been agreed for the year 2013-14, and we will be providing £319,000. The noble and right reverend Lord, Lord Harries, spoke about revenue flows because of the special autonomy status. Our understanding is that revenue flows have indeed been going to the local elected authorities in Papua.

The noble Lord, Lord Hannay, asked about military accountability. We have seen steps towards greater accountability in cases of military abuse, but there is still a long way to go. Convictions for those involved in the appalling abuses, some of which then appeared on YouTube, were a step forward. The noble Lord also asked what practical things the UK was involved in. DfID is providing £10 million of funding from 2013 to 2015 which is focused on programmes in Papua. We are also working to deliver sustainable development and we will fund a number of NGOs and civil society groups to develop capacity in the civil society sector.

The United Kingdom has an important and wide-ranging relationship with Indonesia, aspects of which I have outlined this evening. It is a relationship that allows us to raise areas of concern in a constructive, frank and open manner, including human rights violations. However, we do so in a balanced manner, regardless of who is the perpetrator or the victim.

We all agree that the situation in Papua is of concern and that we should continue to speak out against violations, whoever commits them, which contravene human rights and international law. Greater accountability and transparency are needed regarding abuses committed both by the Indonesian security forces and by Papuan armed groups. All those with a stake in Papua’s future need constructively to engage in peaceful dialogue as a way to resolve their grievances. I firmly believe that it is possible for Papua to enjoy the same level of peace, stability and prosperity that is seen elsewhere in Indonesia. That is, after all, in the interests of all Papuan people. However, it will take commitment from all sides. We believe that the Indonesian Government are genuinely committed to addressing these challenges and we hope that others will join us in supporting their efforts.

Committee adjourned at 7.45 pm.