Whereas the Department of State’s 2008 Human Rights Report
on Indonesia documents the detention of at least 30 peaceful Papuan activists,
the killing of a Papuan man at a peaceful rally, and additional evidence of
suppressed speech, societal abuse, and discrimination against religious groups,
violence and sexual abuse against women, child labor, and human trafficking;
Whereas the Government of Indonesia has recently banned
the International Committee of The Red Cross (ICRC) from the Provinces of Papua
and West Papua which followed ICRC visits to detention facilities;
Whereas a 2007 United Nations report by United Nations
Special Rapporteur on Torture, Manfred Nowak, found widespread torture
in Indonesian prisons
and the use of excessive force by
Indonesian security forces in particular in Papua
and that
beatings and other forms of torture are entrenched in much of
Indonesia's prison system where a culture of impunity reigns
;
Whereas Indonesian President Abdurrahman Wahid permitted
Papuans to fly the “morning star” flag as a cultural and historic
symbol;
Whereas Amnesty International has identified numerous
prisoners of conscience in Indonesian prisons, among them Papuans such as Filep
Karma and Yusak Pakage, imprisoned for peaceful political protests including
the display of the morning star
flag which has historic,
cultural, and political meaning for Papuans;
Whereas 40 Members of Congress in 2008 petitioned
Indonesian President Susilo Bambang Yudhoyono on behalf of Papuan political
prisoners Filep Karma and Yusak Pakage;
Whereas a Human Rights Watch report on June 5, 2009, noted
torture and abuse of prisoners in jails in Papua is rampant
;
and
Whereas prominent Indonesian leaders have called for a
national dialogue and Papuan leaders have called for an internationally
mediated dialogue to address long-standing grievances in Papua and West Papua:
Now, therefore, be it
That it is the sense of the House of
Representatives that—
(1)the Government of Indonesia should report
to the international community specific progress made regarding—
(A)the end of abuse of those detained by
authorities in Papua and West Papua and prosecution of those guilty of that
abuse;
(B)actions taken by the Government of
Indonesia to improve conditions of incarceration, especially in Papua and West
Papua;
(C)measures taken to protect the right of its
citizens to peaceful assembly and association as well as the freedom of speech
and specifically symbolic speech, such as raising banners or flags;
(D)compatibility of
Indonesian law that criminalizes peaceful political dissent and conflicting
Indonesian commitments concerning the rights to freedom of speech and assembly
guaranteed by international covenants to which Indonesia is a party, to include
the Universal Declaration of Human Rights; and
(E)provision to or access to detention
facilities in West Papua by recognized human rights monitoring institutions,
including the International Committee of The Red Cross; and
(2)the Government of Indonesia should allow an
independent, third party human rights organization to review prison conditions
with special attention to Papuan inmates and on the basis of that review,
formulate a series of recommendations to the Government of Indonesia that would
facilitate prison and legal reforms especially to—
(A)address deficits in facilities, personnel
training, and procedures for the purpose of improving the humanitarian
treatment of those detained;
(B)formulating
procedures, including judicial reform and legal remedies to ensure that prison
authorities face appropriate punishment for mistreatment of those detained;
and
(C)encourage reform
of the Indonesian criminal code and sentencing procedures to ensure that they
reflect Indonesia's commitments under international undertakings and
Indonesia's own legal obligations to protect fundamental human rights,
including the rights to freedom of speech and peaceful assembly and
association.