Papuan Activists Jailed for Political Expression

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia –- The Indonesian government is charging nine Papuan activists with plotting against the state for waving a Papuan Morning Star flag at a peaceful, student protest last week. Indonesia’s recent efforts to round up Papuans involved in political expression has drawn harsh criticism from human rights organizations.

Human Rights Watch, the largest human rights organization, is calling for the nine’s release, and condemning the Indonesian government for suppressing freedom of speech. “Raising a flag at a demonstration is a nonviolent act, but in Indonesia it can land you in prison,” said Elaine Pearson, deputy Asia director of Human Rights Watch. 

While several provisions of Indonesia’s criminal code were declared unconstitutional in 2007, others remained intact; specifically, a law prohibiting the display of the Morning Star Flag in Papua, the South Maluku Republic Benang Raja flag in Ambon, and the Crescent Moon flag in Aceh. All three flags are examples of banned separatist symbols. Just last week, two pro-independence demonstrators were sentenced to 15 and 17 years in prison for preparing flags for the South Maluku Republic.

But political instability and public protests have long marked Papua’s history. Once a Dutch colony on New Guinea’s western end, Papua became Indonesia’s largest province in 1969. Violence erupted in 2003 after President Megawati Sukarnoputri separated Papua into three provinces: Central Irian Jaya (Irian Jaya Tengah), Papua (or East Irian Jaya, Irian Jaya Timur), and West Irian Jaya (Irian Jaya Barat). Indonesian courts declared that the creation of the central province was unconstitutional and in opposition to Papua’s Special Autonomy status.

The separation has divided Papuans who accuse the Indonesian military of violating human rights. In addition, many Papuans complain that the money earned from Papua’s natural resources mostly ends up profiting Jakarta. As a result, many Papuans have been campaigning peacefully for independence from Indonesia. 

The nine Papuan activists, including a 16 year old boy, have been in custody since March 13. The West Papua National Authority has reported that Indonesian police have been threatening and harassing relatives of the charged activists. Meanwhile, responding to the military threat, other activist leaders have gone into hiding.

“If Indonesia wants recognition as a rights-respecting nation, it should stop imprisoning people for acts of peaceful expression,” Pearson said.

For more information, please see:
Reuters, Asia –- Free Peaceful Protesters in Papua –- 19 March 2008

Radio New Zealand International –- West Papua National Authority fears Indonesian forces are rounding up more Papuans –- 19 March 2008

UNPO, Netherlands — West Papua: Worrying Signs of Crackdown — 18 March 2008

Radio New Zealand International –- Australian NGO raises concerns about Papuan protestors arrested in Indonesia –- 17 March 2008

News.com.au –- Nine in court for waving ‘Free Papua’ flag –- 18 March 2008

The Jakarta Post –- New law to end Papua legal dispute –- 05 March 2008

Kenya’s Legislature Approves Power-sharing deal

By: Julie K. Narimatsu
Impunity Watch Managing Editor, Journal

NAIROBI, Kenya – The Kenyan legislature approved the constitutional amendment that creates the position of prime minister and two deputies and creates a coalition between the two major parties, President Mwai Kibaki’s Party of National Unity and opposition leader Raila Odinga’s Orange Democratic Movement.  In light of the disputed elections late last year that fueled ethnic conflict resulting in the deaths of more than 1,000 and the displacement of 600,000, Kibaki and Odinga originally reached the political deal at the end of February.

The National Accord and Reconciliation Act 2008 names Odinga as the prime minister while Kibaki will retain the presidency.  The Act provides that the cabinet will include the president, vice president, prime minister, two deputy prime ministers and other ministers.  Ministers cannot be discharged without approval from their corresponding party.  The deal stipulates that the two parties will share equal power, however, if one party decides not to participate, the coalition will be disbanded.  The bill does not afford a new election in the event this situation arises.

On a reconciliatory note, both parties have agreed to investigate the violence that occurred directly after the election.  The commission will comprise of independent, international experts who will be appointed by both parties.  This comes after Odinga and his party filed a formal complaint with the International Criminal Court in January accusing Kibaki and his government of using force against opposition demonstrators.  The commission’s work is expected to be completed within three months.

Much of the world has supported the deal, including former Secretary-General of the UN, Kofi Annan, who helped facilitate negotiations between the parties.  Both leaders had urged the National Assembly to approve the legislation.  Odinga recognized Kibaki as president and thanked him for his efforts, while Kibaki requested that Kenyans try to move past the violence of the past few months and move forward.

For more information, please see:

africanews.com – Kenya: MPs endorse amendment – 19 March 2008

BBC News – Kenya MPs support power-sharing – 18 March 2008

The Jurist – Kenya parliament approves power-sharing agreement in bid to end violence – 18 March 2008

impunitywatch.net – Kenya reaches peace deal; its government defends against allegations of planned violence – 5 March 2008

CNN.com – Kenya power deal ‘on the right track’ – 28 February 2008

BRIEF: Rights Group Doubts Zimbabwe Election Can Be “Free and Fair”

CAPETOWN, South Africa – International human rights group Human Rights Watch (“HRW”) claims the upcoming elections in Zimbabwe are not likely to be fair, because the current government  intimidated opposition supporters. HRW also says there are deep-seeded flaws in the electoral process. The group alleges human rights abuses leading up to the electoral process, including violence against detractors; restricting freedom of assembly; gaining political advantage through distribution of food and farming equipment; and denying opposition supporters access to the media. Also, HRW believes voter registration lists are inaccurate, saying they have “found evidence of dead people registered to vote including a former minister who died thirty years ago.” The group concludes that the poll, scheduled to take place March 29, cannot possibly be a “free and fair” vote, given the current conditions.

Eighty-four year old President Robert Mugabe is seeking his sixth term in office as representative of the Zanu-PF party, which has held power in Zimbabwe for twenty-eight years following independence. He is being opposed by his former finance minister Simba Makoni and opposition leader Morgan Tsvangirai. Mugabe’s Deputy Information Minister Bright Matonga told the BBC that “such reports reflected what the West wanted to hear.” He denies any bias in the Zimbabwe Electoral Commission, and accused HRW of having an agenda.

The Zimbabwe Election Support Network, however, has said the distribution of polling stations have been biased have been biased in favor of rural areas, where Mugabe has a network of support.

For more information, please see:

BBC News – Zimbabwe rejects free poll fears – 19 March 2008

Voice of America – Rights Groups Doubt Zimbabwe Elections Will be Fair – 19 March 2008

UPDATE: Speaker Elected After First Meeting of New Pakistani Parliament

ISLAMABAD, Pakistan – Pakistan’s new parliament met for the first time on Monday, after pressure had been put on President Pervez Musharraf to set a date (see Impunity Watch article here).  The new parliament, filled with a majority of opposition members, is expected to take major steps to make change in the country in resistance of President Musharraf.

During a meeting today, Fahmida Mirza was elected speaker of the parliament.  Mirza is a business woman, veteran politician, and friend of Asif Ali Zardari (the current leader of the Pakistan People’s Party and the Benazir Bhutto‘s widower).  She is the first woman to ever be elected Pakistani speaker.

Mirza was elected with 249 votes in the 342-seat house.  As speaker she will determine which issues the new parliament, which met for the first time Monday, will address in session.

The Prime Minister has yet to be named, and an announcement is expected next week.

For more information, please see:

BBC News – Woman elected Pakistani speaker – 19 March 2008

Impunity Watch – BRIEF: After Many Protests, Pakistani President Sets Date for Parliament – 11 March 2008

Impunity in Afghanistan: UN Statement

By Elizabeth Breslin
Impunity Watch Reporter, Asia

KABUL, Afghanistan – The United Nations (UN) released a statement yesterday demanding that the Afghan government do more to bring human rights violators to justice.

The UN recognized that Afghanistan has a young government.  However, during the past three decades of conflict many Afghan citizens have suffered numerous abuses; if they are not addressed immediately the victims will continue to suffer and the impunity will undermine the future of the Afghan government.

In 2005, the government did adopt a plan to address past abuses and promote peace and reconciliation for the country.  Nevertheless, according to the information UN High Commissioner for Human Rights Louise Arbour collected during a recent visit, the plan has not been implemented.  Part of the problem is that Afghanistan does not have strong political representation on national and international levels, and the government has not created an environment conducive to the respect of human rights.

The statement also recognized that the government needs to devote more attention to the current problems of women and girls.  Their right to life is threatened due to high mortality rates and violent home situations (see Impunity Watch article here).

In the UN statement, Chief Human Rights Officer Norah Niland said: “One often hears the phrase ‘action speaks louder than words.’  Here in Afghanistan, the lack of action speaks volumes.  At a minimum, there needs to be the space for a national dialogue that acknowledges the injustices and suffering that have occurred.  The voices of victims need to be heard.”

For more information, please see:

Impunity Watch – BRIEF: Women in Afghanistan in Danger – 26 February 2008

Jurist – Afghanistan must do more to stop human rights abuses: UN Official – 18 March 2008

Reuters – Afghan govt must bring rights abusers to justice-UN – 18 March 2008

UN News Centre – Afghanistan must do more to address impunity, advance human rights-UN – 18 March 2008