West Papua

Lord Collins of Highbury Excerpts

Wednesday 24th July 2013 Grand Committee

[Lord Collins of Highbury]

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.