Indonesian President Joko Widodo’s recent acknowledgement that his government regrets past human rights violations is an important step in national healing. However, this will mean little if current attacks on human rights are not addressed.
At a press conference in January, Widodo cited 12 “regrettable” events and stated that he “strongly regret that those violations occurred”. The president went further, offering an apology to Indonesians by stating: “with a clear mind and an earnest heart, I as head of state acknowledge that gross human rights violations did happen in many occurrences”.The “gross human rights violations” refer to incidents between 1965 and 2003, including anti-communist purges between 1965 and 1966, estimated to have killed 500,000 Indonesians, the shooting of protesters between 1982 and 1985, enforced disappearances in 1997 and 1998, the killing of students by security forces in the late 1990’s, and the Wamena Incident in Papua in 2003.These findings come from a report by the Team for the Non-Judicial Resolution of Past Serious Human Rights Violations, commissioned by the government last year to investigate Indonesia’s dark history.This was a key election promise when the president was first elected in 2014.
Widodo is the second Indonesian president to publicly admit to past crimes, after former president Abdurrahman Wahid’s public apology in 2000.A spokesperson for the United Nations High Commissioner for Human Rights, Liz Throsell, welcomed the acknowledgement, but “hoped the report will be made public to encourage discussion and debate”. The OHCHR also urged the government to “build on the tangible steps” taken to “take forward a meaningful, inclusive and participatory transitional justice process”.
However, there is good reason for the OHCHR to demand further action. Human Rights Watch and Amnesty International have both reported that the government frequently violates the basic civil and political rights of Indonesians, particularly protesters and political dissenters, religious and ethnic minorities, women, and the LGBTI community. In 2022, the Indonesian parliament approved a new criminal code, banning sex outside of marriage and cohabitation for unmarried couples. Human rights advocates have accused the government of directly assaulting the privacy of families, homes and communities, particularly for young unmarried couples and LGBTI couples.The new code also restricts women’s reproductive rights by imposing jail time for the spreading of information on contraception and reproductive rights, on women who have abortions and doctors who perform them.Just as concerning are new restrictions on freedom of expression and the right to protest, including penalties for insulting the president. These laws are a direct attack on the freedom of individuals, journalists and human rights advocates who disagree with government policy.
Late last year, Amnesty International’s Executive Director in Indonesia, Usman Hamid, stated that “What we’re witnessing is a significant blow to Indonesia’s hard-won progress in protecting human rights and fundamental freedoms over more than two decades”. Authorities have also been accused of unlawful killings across Indonesia. The Commissioner for Missing Persons and Victims of Violence, a local human rights organisation, has reported that the Indonesian police and military carried out as estimated 72 extrajudicial killings in 2022, with police responsible for 50 of the deaths. The situation is particularly bad in remote West Papua. Amnesty reported 11 cases of unlawful killings by security forces In West Papua in 2021. For example, Denis Tabuni and Eliur Kogoya were shot by the Indonesian military in June 2021. In August of the same year, Ferianus Asso was shot dead during a protest in Yahukimo Regency. While 6 Indonesian soldiers were arrested for the alleged involvement in the deaths of four Papuans in 2022, police and security forces largely act with impunity and are protected from the law.
Peaceful protests by West Papuan independence advocates are also met with state-violence. Arrest, beatings and the use of water cannon are commonplace, and the ‘Morning Star’ flag, signifying West Papuan independence, is banned, with those flying it immediately detained. Therefore, while an acknowledgement of past wrongs is welcome, it will mean little if current attacks on human rights are not addressed.
Widodo can address this by ensuring that the rights of all Indonesians are respected. First and foremost, the government needs to meet its international legal obligations. The government’s actions arguably contravene the International Covenant on Civil and Political Rights and Covenant on Economic, Social and Cultural Rights. Article 17 of the Covenant on Civil and Political Rights states that nobody shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, while Article 26 stipulates that all persons are equal before the law and are entitled, without any discrimination, equal protection of the law. The right to freedom of assembly and association is contained in articles 21 and 22 of the covenant as well as Article 8 of the Covenant on Economic, Social and Cultural Rights. Furthermore, Article 19 makes clear that everyone has the right to hold opinions without interference, including the right to freely seek, receive and impart information and ideas “of all kinds”. Indonesia is signatory to both treaties, ratifying them in 2006. This means the government is obligated to ensure that their actions are consistent with international law.
Second, the government needs to actively prevent extrajudicial killings by policy and the military, particularly in West Papua. This can be achieved by ensuring that any perpetrators of these crimes face justice through the Indonesian judicial system. This will go a long way to minimising the deaths of civilians and will allow families of those killed to find justice.
Indonesia continues to suffer from its dark history of violence and repression and Widodo’s acknowledgement of past crimes is undoubtedly a step in the right direction. But more needs to be done to ensure that all Indonesians can enjoy their fundamental human rights in safety.
Unless the government acts, repression and violence will continue.
