IV 

111TH CONGRESS 

2D SESSION H. RES. 1355 

Expressing the sense of the House of Representatives regarding the human 

rights crisis in Papua and West Papua. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2010 

Mr. KENNEDY submitted the following resolution; which was referred to the 

Committee on Foreign Affairs 

RESOLUTION 

Expressing the sense of the House of Representatives 

regarding the human rights crisis in Papua and West Papua. 

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 


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•HRES 1355 IH 

‘‘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 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 


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•HRES 1355 IH 

1 (1) the Government of Indonesia should report 

2 to the international community specific progress 

3 made regarding— 

4 (A) the end of abuse of those detained by 

5 authorities in Papua and West Papua and pros6 ecution of those guilty of that abuse; 

7 (B) actions taken by the Government of 

8 Indonesia to improve conditions of incarcer9 ation, especially in Papua and West Papua; 

10 (C) measures taken to protect the right of 

11 its citizens to peaceful assembly and association 

12 as well as the freedom of speech and specifically 

13 symbolic speech, such as raising banners or 

14 flags; 

15 (D) compatibility of Indonesian law that 

16 criminalizes peaceful political dissent and con17 flicting Indonesian commitments concerning the 

18 rights to freedom of speech and assembly guar19 anteed by international covenants to which In20 donesia is a party, to include the Universal 

21 Declaration of Human Rights; and 

22 (E) provision to or access to detention fa23 cilities in West Papua by recognized human 

24 rights monitoring institutions, including the 

25 International Committee of The Red Cross; and 


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1 (2) the Government of Indonesia should allow 

2 an independent, third party human rights organiza3 tion to review prison conditions with special atten4 tion to Papuan inmates and on the basis of that re5 view, formulate a series of recommendations to the 

6 Government of Indonesia that would facilitate prison 

7 and legal reforms especially to— 

8 (A) address deficits in facilities, personnel 

9 training, and procedures for the purpose of im10 proving the humanitarian treatment of those 

11 detained; 

12 (B) formulating procedures, including judi13 cial reform and legal remedies to ensure that 

14 prison authorities face appropriate punishment 

15 for mistreatment of those detained; and 

16 (C) encourage reform of the Indonesian 

17 criminal code and sentencing procedures to en18 sure that they reflect Indonesia’s commitments 

19 under international undertakings and Indo20 nesia’s own legal obligations to protect funda21 mental human rights, including the rights to 

22 freedom of speech and peaceful assembly and 

23 association. 

Æ 


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