https://www.hrw.org/news/2017/08/09/jokowis-political-prisoner-problem

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Jokowi’s Political Prisoner Problem
Published in New Mandala
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[image: Andreas Harsono]
<https://www.hrw.org/about/people/andreas-harsono>Andreas
Harsono <https://www.hrw.org/about/people/andreas-harsono>Indonesia
Researcherandreasharsono <https://twitter.com/andreasharsono>

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[image: Filep Karma near the seaport of Nusa Kambangan.]
<https://www.hrw.org/view-mode/modal/288998>
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Filep Karma, a former Papuan political prisoner, at a seaport in Cilacap to
visit Moluccan political prisoners on Nusa Kambangan prison island.
 © 2016 Andreas Harsono/Human Rights Watch

The Indonesian government has been doing something remarkable over the past
year with its political prisoners in Papua and West Papua provinces:
Releasing them.

There are currently only between one and five Papuan political prisoners
behind bars compared to a tally of 37 at the end of August 2016, according
to Human Rights Watch sources <http://www.papuansbehindbars.org/?page_id=17>.
The exact number of Papuan political prisoners still in prison is uncertain
because the Ministry of Law and Human Rights has declined to respond to a Human
Rights Watch request
<https://www.hrw.org/news/2017/08/01/letter-human-rights-watch-minister-yasonna-laoly>
for
an official total of those prisoners.

The Ministry’s reticence to confirm that reduction is curious, not just
because it means freedom for dozens of Papuans unfairly prosecuted and
imprisoned
<https://www.hrw.org/report/2007/02/20/protest-and-punishment/political-prisoners-papua>
for
merely exercising their rights of freedom of expression and association. It
also indicates that President Joko “Jokowi” Widodo is making good on a
pledge <http://www.bbc.com/news/world-asia-32677259> to release Papuan
political prisoners as a means “to stop the stigma of conflict in Papua.”

In May 2015 Jokowi took the unprecedented step for an Indonesian head of
state to personally present
<https://www.theguardian.com/world/2015/may/10/joko-widodo-releases-five-west-papuan-political-prisoners-and-pledges-reforms>
clemency
documents authorising the release of five Papuan political prisoners at
Abepura prison in Papua’s provincial capital of Jayapura. At that ceremony,
he announced <http://www.bbc.com/news/world-asia-32677259> that the release
of those prisoners was “just the beginning” of an official effort to empty
Papua’s prisons of political prisoners, with an aim to “create a sense of
peace in Papua.”

Six months later, the government released Filep Karma, a Papuan political
prisoner who became an international symbol
<https://www.hrw.org/news/2015/11/23/dispatches-indonesia-frees-papuan-political-prisoner>
of
the Indonesian government’s abuse of Papuans’ rights of freedom of
expression and association. Karma has noted that the release of Papuan
political prisoners is the result of targeted legal mechanisms, including
clemency and sentence reductions, that previous Indonesian administrations
had generally denied Papuan political prisoners.

The Indonesian government has legitimate security concerns
<https://www.hrw.org/report/2015/11/10/something-hide/indonesias-restrictions-media-freedom-and-rights-monitoring-papua>
in
Papua stemming from the ongoing, low-intensity conflict with the armed
separatist Free Papua Movement (Organisasi Papua Merdeka or OPM). But the
government’s disproportionate response to that threat has included
decades-long restrictions
<https://theconversation.com/indonesias-opening-of-papua-still-needs-to-bridge-the-gap-between-reality-and-rhetoric-50399>
on
access to Papua by foreign media, academics, and observers as well as a
failure
<https://www.hrw.org/report/2007/02/20/protest-and-punishment/political-prisoners-papua>
by
security forces to distinguish between violent acts and peaceful expression
of political views.

Unfortunately, Jokowi’s moves to purge Indonesia’s prisons of Papuan
political prisoners will prove short-lived unless the government abolishes
the abusive laws against *makar*, or treason, that put those prisoners
behind bars in the first place. The government has long wielded Articles
106 and 110 of the Indonesian Criminal Code to impose multi-decade prison
terms on peaceful protesters advocating independence or other political
change. Many such arrests and prosecutions are of activists who peacefully
raise banned symbols, such as the Papuan Morning Star and the South
Moluccan RMS flags. (Human Rights Watch takes no position on the right to
self-determination, but opposes imprisonment of people who peacefully
express support for self-determination.)
[image: Romanus Batseran and Filep Karma.]
LAUNCH GALLERY
<https://www.hrw.org/view-mode/modal/307703>

Moluccan political prisoners at Nusa Kambangan Prison Island.

And Papuans have a lot to complain about in terms of a lack of
accountability for decades of abuses by the security forces. Heavy-handed
responses to peaceful activities have resulted in numerous human rights
violations.

Over the past decade, Human Rights Watch has documented
<https://www.hrw.org/report/2007/07/04/out-sight/endemic-abuse-and-impunity-papuas-central-highlands>
dozens
of cases in which police, military, intelligence officers, and prison
guards have used unnecessary or excessive force when dealing with Papuans
exercising their rights to peaceful assembly and association. Although the
government announced in April 2016 the creation of a task force to develop
a roadmap
<https://www.hrw.org/news/2016/05/24/match-words-action-papua-abuses> to
investigate and resolve more than a dozen Papua’s most serious past human
rights abuses, it has failed to provide it with the authority and funding
to do so.

And the Jokowi government has itself failed miserably to provide
accountability for more recent abuses. Exhibit A is the December 8, 2014
killing
<https://www.hrw.org/news/2014/12/10/indonesia-security-forces-kill-five-papua>
by
security forces of five Papuan youths in Enarotali
<https://www.hrw.org/news/2014/12/10/indonesia-security-forces-kill-five-papua>
in
Paniai regency of Papua. Despite three separate official investigations
<https://www.hrw.org/news/2014/12/24/indonesia-joint-inquiry-needed-papua-killings>
into
the shootings—bolstered by Jokowi’s December 2014 pledge
<https://www.hrw.org/news/2016/05/24/match-words-action-papua-abuses> to
thoroughly investigate and punish security forces implicated in those
deaths—there has to date been zero accountability. And despite official
pledges of a thorough probe into the August 1, 2017 police killing
<https://www.hrw.org/news/2017/08/03/indonesias-unresolved-police-killings-papua>
of
28-year-old Yulius Pigai of West Papua’s remote Deiyai regency, we will
likewise probably never know the circumstances of his death.

Meanwhile, Jokowi is turning a blind eye to the plight of Indonesia’s other
political prisoners, from Ambon in the Moluccas (Maluku) archipelago. A
total of 13 Moluccan political prisoners, the last of 28 prisoners convicted
<https://www.hrw.org/news/2016/03/16/indonesias-forgotten-political-prisoners>
for
treason for performing a protest dance in June 2007, remain behind bars in
the prisons of Nusa Kambangan and Porong on Java, roughly 3,000 kilometres
from Ambon. That distance, and the onerous financial expense of travel
between Ambon and those prisons, mean
<https://www.hrw.org/news/2016/03/16/indonesias-forgotten-political-prisoners>
that
those 13 men, mostly farmers and fishermen, have not seen any family
members since their 2009 transfer. The isolation has inflicted
<https://www.hrw.org/news/2016/03/16/indonesias-forgotten-political-prisoners>
profound
emotional, psychological, and emotional stress on both the prisoners and
their families.

In April 2016, Indonesia’s Minister of Law and Human Rights Yasonna Laoly
orally committed
<https://photos.google.com/share/AF1QipMWD-kHPTdfH5fDw6YaxKSIlgiDpLArOFFW7K_eSfKj4v2Lr8aY28t7tdOkleZS0Q?key=Q0c1RkxvemZ0aW1kbHA3bkwycEJ1NWVXeC1CS2xn>
to
a visiting Human Rights Watch delegation in Jakarta to arrange those
prisoners’ transfer to detention facilities in Ambon. But more than a year
later, they remain behind bars, far from their loved ones, with no hope of
seeing their families until their sentences elapse in 2027.

Jokowi’s efforts to release political prisoners are a long overdue positive
change, but Indonesia can’t claim to be a democratic, progressive state
while still locking up citizens for merely expressing their rights of
freedom of expression and association.

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