The Star Malaysia

‘Papuans treated unfairly’

Activists accuse govt of confusing freedom of expression with treason

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HUMAN rights activists have slammed the government for what they deem the misuse of treason charges to prosecute Papuans, thereby threatenin­g their freedom of speech and right to assembly.

The activists highlighte­d the recent imprisonme­nt of seven Papuans following their arrest during anti-racism protests in Jayapura, Papua, in August last year.

Amnesty Internatio­nal Indonesia executive director Usman Hamid said people could exercise their freedom of expression legitimate­ly if it was expressed without any violence, as was done by many Papuans during the protest.

“However, the state generalise­s all kinds of expression by Papuans as treason, even peaceful protests, due to its fear over an imagined threat to the country’s sovereignt­y,” Usman said during a virtual press briefing on Tuesday.

Foundation of the Indonesian Legal Aid Institute chairperso­n Asfinawati agreed, saying physical assault was necessary for charging someone with treason.

“The treason article itself (in the Criminal Code inherited from the Dutch colonial era) is problemati­c due to its chronic errors in translatio­n and use,” she said.

She said the fact that Cenderawas­ih University student union head Ferry Kombo and other defendants were handed prison sentences of less than one year showed that they should never have been arrested in the first place.

“If they were truly guilty of treason, they should have been sentenced to at least two-thirds of the initial demand of five to 17 years’ imprisonme­nt,” she added.

Yorrys Raweyai, the head of the Papua and West Papua legislativ­e council members forum, said the state’s attitude toward the freedom of expression in the country’s easternmos­t provinces was discrimina­tory, even though such rights were guaranteed in the Constituti­on.

“The judicial process against Papuans is deemed discrimina­tory as well,” Yorrys added, highlighti­ng a case when law enforcemen­t officials arrested MG, a Papuan child suspected of premeditat­ed murder.

Police transferre­d him from Wamena to Jakarta, while he did not speak Indonesian and was not accompanie­d by legal representa­tives during the investigat­ion. He was later acquitted of all charges.

“The absence of justice by the state in many cases often causes trauma among Papuans,” Yorrys said.

On the other hand, Usman said, the perpetrato­rs of racism against Papuans in many cases were sentenced to less than one year of imprisonme­nt.

“Systemic racism in this country is reflected in unfair trials of Papuans,” Usman said.

The Law and Human Rights Ministry’s director general of human rights, Mualimin Abdi, argued that the problem lay with the law’s misinterpr­etation by law enforcemen­t authoritie­s, who interprete­d the norms differentl­y from the government’s initial intent upon formulatin­g it.

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