Summary
Over 1,300 ethnic groups reside in Indonesia – large ones such as the Javanese, Sundanese and Batak, and others such as the Balinese and Papuans. Indonesia draws strength from this diversity and from how these groups connect in the “Bhineka Tunggal Ika” spirit – the idea of living in unity, harmony and integrity despite differences. However, historical clashes between Papuans and the Indonesian army and police have led to alarming human rights violations in the Papua region.
The role of police within this conflict highlights ongoing discriminatory narratives that have built stigma around Papuans. These stereotypes, which paint Papuans as violent criminals, serve to normalize the militarization of policing response, criminalization and repression by police. They also serve to cover the complete lack of police accountability for violations and the very close relationship between Indonesia’s police, military and national government. The police in this case are part of an apparatus that further isolates Papuans from other communities in Indonesia and makes it increasingly hard for a peaceful solution to this conflict to seem realistic.
In this article, The Commission for the Disappeared and Victims of Violence (KontraS) and SKPKC Fransiskan Papua illustrate how a history of discrimination against Papuans still taints the actions of police today. The systematic repression of Papuans is an example of the dangerous role police play in the shrinking of civic space and bears witness to the violence used against innocent civilians and the muzzling of dissent.
Discrimination within Indonesia: A long and militarized conflict in Papua
Indonesia is home to 1,340 ethnic groups which follow five major religions – Islam, Christianity (both Protestantism and Roman Catholicism), Hinduism, Buddhism and Confucianism. This diversity is tied to the country’s founding principle, “Unity in Diversity”, or “Bhineka Tunggal Ika”. It is legally written into Article 27 paragraph (1) of the 1945 constitution, which concerns citizens’ equality before the law regardless of differences.
In practice, however, this important human rights norm is not enforced, as many discriminatory actions and narratives affect groups such as the Papuan Indigenous people. This can be seen in different state institutions, such as the Indonesian police and army, the supposed defenders of civilians who often turn out to be perpetrators of prevailing acts of discrimination.
The transfer of West Papua from the Netherlands to Indonesia was partly inspired by the racist idea that Papuans were not ready to govern themselves.1 I Ngurah Suryawan, “The Politics of Violence and Silence: Complex Social Transformations”, Interdisciplinary Journal of Development Studies, Vol. XXV No. 1, 2016: pages 54–70
The issues of discrimination stem from a conflict with a long history. West Papua was only incorporated into Indonesia in 1969, 24 years after Indonesia’s independence. The province was transferred from the Netherlands to Indonesia through the New York Agreement, a framework sponsored by the United States. The transfer of West Papua from the Netherlands to Indonesia was partly inspired by the racist idea that Papuans were not ready to govern themselves. According to the agreement, the Indonesian government was obliged to carry out a referendum to decide the status of Papua.
The government later held said referendum, the Act of Free Choice, between 14 July and 2 August 1969. During this period, 1,025 men and women selected by the military in Papua voted unanimously in favour of Indonesian control. The vote was deemed undemocratic since 809,337 Papuans had the right to vote at that time, yet only 1,025 voted.2https://www.thejakartapost.com/news/2020/01/07/constitutional-court-rejects-judicial-review-of-papua-referendum.html Even before this referendum, the first head of state of independent Indonesia, President Sukarno, had started an operation to occupy West Papua with armed forces to repress the voice of Papuans. After the referendum, they continued military operations, even after the status of Military Operations Area was removed from Papua almost 30 years later, in 1998.
Today, Papua remains the most militarized area in the country, with the Indonesian military and police perpetrating daily human rights violations. As a result, the Papuan Liberation Army emerged, often clashing violently with the military; many civilians lost their lives after they were caught between these forces. The government often uses this phenomenon to publicly frame Papuans as separatists without recognizing the obscure process leading to their integration into Indonesia and their decades-long fight for independence rooted in the 1960s.
Indonesians acknowledge that most Papuans live in poverty, despite living in a territory rich with natural resources. They understand that development efforts by the Indonesian government have not improved the living standards of Papuans and that the Indonesian security forces have killed many Papuans. However, Indonesians blame Papuans and non-Papuans alike for corruption, lack of development and the failure of Indonesian nationalism in Papua.
In the end, both the government (including its institutions) and Indonesians tend to blame the Papuans for wanting their freedom.3https://repository.library.georgetown.edu/bitstream/handle/10822/1061303/GJAA_Kusumaryati.pdf?sequence=1
Police mistreatment of Papuans and the challenges of accountability
The military is not the sole perpetrator of the violations in Papua: a highly militarized police force has also contributed to the criminalization of activists – even outside of demands for an independent Papuan state – and to violent and disproportionate repression, which has led to extrajudicial killings and torture. This concerning situation is aggravated by a lack of accountability from policing institutions and a close relationship between government and the military and police forces, leaving Papuans mistrustful, isolated and lacking any form of justice.
“Violence against Indigenous Papuan communities is a serious violation of human rights. We demand better protection from the government and respect for our culture and way of life,” said Yuli, representative of the Advocacy Network for Upholding Law and Human Rights (SKPKC) Fransiskan Papua and of the people of Papua whose voices are silenced by the repressive Indonesian security forces, reflecting on the violence Indigenous Papuan communities have faced for years.
Repression of Papuan students and activists
Under the cover of security, the state’s response to Papuans’ demands consists of acts of repression. Protests rejecting government policies, such as the continuation of special autonomy (Otsus) and the determination of the Special Autonomy Region for Papua, are met with violent responses by security forces, curtailing the right to freedom of expression and opinion as well.
In 2019, security forces and members of anti-Papuan militant groups targeted a dormitory of Papuan students in Surabaya. Following this event, demonstrations erupted in various areas in Papua. During the riots, hundreds of Papuan citizens were arrested, including Victor Yeimo, the spokesperson for the KNPB (West Papua National Committee). Victor was arrested for expressing his opinion regarding self-determination after the incident.
Activists in Papua who advocate for self-determination are often stigmatized as separatists and, if arrested, charged with rebellion. This reinforces existing stereotypes or stigmatization.
Stigmatization and silencing of Papuan dissident voices by law enforcement happen outside of Papua as well. In August 2019, the police arbitrarily arrested six Papuan activists, namely Charles Kossay, Surya Anta, Ambrosius Begint, Dano Tabuni, Isay Wenda and Arina Elopere, who protested peacefully against racism and discrimination towards Papuans in front of the Presidential Palace in Jakarta. They were arrested without a warrant and at gunpoint, while the police illegally searched their belongings. From the moment of the arrest to the investigation, the six activists were treated and examined as suspects, without access to legal assistance.
Peaceful demonstrations organized by Papuans are responded to with disproportionate force. Under the pretext of the Covid-19 pandemic, the police and military dispersed the Papuans’ demonstration against the unilateral renewal of the Special Autonomy Law. The global non-profit alliance Civicus reported that “Police arrested 23 students and activists in Jayapura on 14 July 20214https://www.ucanews.com/news/indonesian-police-arrest-beat-papuan-protesters/93302, and four protesters were injured.” The following day, “18 demonstrators were detained in Kaimana, West Papua, and a protest in Manokwari was blocked. [On the same day, a]nother 50 protesters were arrested and beaten in front of the House of Representatives in Jakarta just prior to the passage of the law.”5https://www.ucanews.com/news/indonesian-police-arrest-beat-papuan-protesters/93302
Torture and extrajudicial killings in Papua
According to the International Coalition for Papua, extrajudicial killings and torture incidents have frequently occurred in the region between 2020 and 2024, while militarized responses including shootings, persecutions, arbitrary arrests, forced dissolution of assemblies, intimidation, torture and even sexual harassment have resulted in the deaths of activists, journalists, students and civilians. In several cases, extrajudicial killings happened during armed conflict between security forces and members of the public, and also as a result of crowd control during protests raised by civilians.
Since joint security forces committed most extrajudicial killings and cases of torture, it is difficult for witnesses to clearly distinguish the affiliation of perpetrators. The lack of clear divisions between these two forces – which should have very different roles towards civilians – is a concerning phenomenon that not only makes efforts to seek accountability very difficult but also has devastating human consequences. Many victims died as a result of injuries sustained during torture by security forces, and a high number of the victims were Indigenous Papuans believed to be part of militant groups. This situation is aggravated by the lack of a legal definition of torture in the current Criminal Code (KUHP) following the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which Indonesia ratified in 1998.
One of the many horrific examples of torture that KontraS has included in their annual torture report happened in 2021 after a Biak Resort police officer arrested an Indigenous Papuan for allegedly stealing.6https://backup10juni.kontras.org/wp-content/uploads/2022/06/Draft-Final-Laporan-Penyiksaan-KontraS-2022-FINAL.pdf, page 29 He was tortured by beatings and was doused with four glasses of hot water. That horrendous event was followed by another case on 26 July 2021. Two air force security officers yelled at, choked and stamped on a disabled Indigenous Papuan at the side of a road.7 Ibid, page 23 Both incidents illustrate how much negative perceptions of Indigenous Papuans are ingrained within the police force and how they translate to acts of extreme violence, even outside of incidents directly related to militant groups seeking Papuan independence.
Lack of transparency and accountability for violations committed by Indonesian police
Unfortunately, human rights violations by law enforcement or the military are rarely followed by any form of true accountability.
When there are trials, members of the military who are responsible for racist acts against Papuans receive very lenient sentences. The perpetrators of racist incidents in 2019, for instance, were sentenced to an average of less than one year’s imprisonment.8Papuan Students Shouted at Racist, 6 TNI Members Questioned – Nasional Tempo.co This demonstrates not only injustice but also discrimination among law enforcement in Indonesia.
Police officers committed 52% of all reported cases of torture and ill-treatment between 2019 and 2020. Between 2017 and 2018, the average percentage of the involvement of police officers in such acts was even higher, at 66%. Both figures illustrate that the police are the main perpetrators of torture and ill-treatment in West Papua. A study of cases from 2019 to 2024 revealed that torture and ill-treatment were most commonly applied as a punishment or during crowd-control operations, and most victims were Indigenous Papuans.
Indonesia’s national human rights system includes various mechanisms that may be used by civilians to file a complaint. Essential mechanisms consist of semi-independent institutions such as the National Human Rights Commission (Komnas HAM), the National Police Commission (Kompolnas) and the Ombudsman, as well as internal complaint procedures within the police and the military. Despite the existence of these mechanisms, only a tiny percentage of human rights violations in West Papua lead to the prosecution of perpetrators, making these options unattractive for the victims and their relatives. The semi-independent institutions have limited mandates and powers,9Komnas HAM, Kompolnas and the Ombudsman can only issue reports and provide recommendations, neither of which are legally binding. while the internal mechanisms within the military and the police lack transparency and impartiality.
Law No. 39 of 1999 gives Komnas HAM the authority to receive complaints from victims and to initiate an investigation following such a complaint. After its investigation, Komnas HAM may issue a report stating its findings and recommendations, which are not legally binding. An investigation conducted by Komnas HAM may result in a trial before the Human Rights Court only in limited circumstances – namely, in cases involving genocide and crimes against humanity. Such courts do not include other internationally recognized crimes such as excessive use of police force, torture, extrajudicial executions, enforced disappearances or war crimes.
Most allegations of police misconduct in human rights violations only result in internal disciplinary sanctions.
The police and military have separate internal procedures if complaints of brutality are brought against their members. Complaints against police officers may be filed to an internal division of the police named Propam,10Propam stands for “Divisi Profesi dan Pengamanan” in Indonesian, literally the Division of Profession and Security which is responsible for its officers’ accountability. Propam departments are only situated at the Police Headquarters in Jakarta (Mabes Polri) and the Provincial Police Headquarters (Polda) in Jayapura (Papua province) and Manokwari (West Papua province). Given the vast territory of West Papua and inadequate public transport, it is challenging for victims to access the Propam mechanism. However, through this internal police mechanism under Propam, most allegations of police misconduct in human rights violations only result in internal disciplinary sanctions.
Military personnel are similarly protected from serious accountability. Under Indonesia’s criminal justice system, military personnel can only be tried in military courts. All parties in the military criminal justice system – from judges and prosecutors to legal defence – are military officials, even though the military court system has been integrated into Indonesia’s judiciary institutions. The military court mechanism lacks transparency from the investigation process to the prosecution stage. It often hands down sentences that are lenient compared to the gravity of the crimes, implicating low-ranking personnel while excluding the responsible commanders.
The police and the military have issued internal investigations into allegations of human rights violations in West Papua. However, the internal accountability mechanisms have resulted in sanctions against the perpetrators in only seven cases since 2017. Not a single case was brought to a civilian court. The vast majority of cases remained unaddressed. Most internal military investigations into alleged human rights violations in West Papua were never followed up in tribunals.
Working towards a West Papua where human rights and Indigenous peoples’ rights are respected
The ongoing grave situation of human rights in Papua is directly related to a strategy by Indonesian police and military that prioritizes the militarization of responses, repression of activists and students, and doubling down on discriminatory narratives that stigmatize Indigenous Papuans. This has led to continual human rights violations, such as arbitrary arrests, torture, enforced disappearances and extrajudicial killings, as well as a weakening of key civil rights such as the right to free expression and peaceful assembly.
The situation has been aggravated by various national policies that disregard the rights and needs of the Indigenous people in Papua. This is reflected in the extension of special autonomy and the establishment of new provinces in Papua. Professor Cahyo Pamungkas, a senior researcher from the National Research and Innovation Agency, argues that the new provincial boundaries do not align with cultural territories, causing conflicts, especially concerning the town of Nabire, and the regencies of Mimika and Pegunungan Bintang. This expansion was not implemented by taking into account the aspirations of the Indigenous communities in Papua. Concerns about migration, unhealthy competition, inadequate Papuan human resources, potential militarism and resource exploitation have not been the focus of the central government and political elites in Papua.11 Fatia Maulidiyanti et al, Failing to Address the Root of the Conflict under the Illusion of Development
Study and Documentation Regarding the Central Government’s Strategic Policies in the Land of Papua, (Jakarta: KontraS, 2023), page 42
In order to even begin working towards a peaceful solution to the conflict in West Papua, the government needs to consider ways to address these failings. The President of the Republic of Indonesia, together with the Indonesian House of Representatives as the main authority in setting regulations and policies, must change the decision-making process in Papua, particularly for strategic matters. Negative patterns like enforcing policies, presuming to know best and making hasty decisions without meaningful involvement and consultation from all Papuans need to be stopped.
The Indonesian government’s approach should be more participatory, led by genuinely involving the Papuan community through avenues like Indigenous forums, public surveys and focused discussions.
Only by ensuring transparency, openness, accountability and adherence will the government of Indonesia be able to mend trust with West Papuans and begin to undo what years of discriminatory narratives have done to the collective imagination of Indonesians regarding Papuans. It is important that this be reflected in the policies and actions of the police to ensure that they are at the service of all Indonesians, including Papuans, and are no longer used as an additional arm of military actions.
In relation to security approaches, evaluating existing security policies in Papua and ceasing to use approaches that have proven unsuccessful in resolving conflicts there is essential. The highly militarized approach that makes enemies of all Papuans, especially students, activists and Indigenous leaders, must be replaced by a de-escalation of violence and destigmatization, accomplished through measures such as withdrawing troops from Papua when they have no clear purpose, halting construction of unnecessary military posts and minimizing friction between civilians and the military.
The lack of separation between police and military forces in Papua makes efforts towards accountability even more difficult and creates an environment where the police are not at the service of all Indonesians to protect their rights, but are enforcers of a specific order where civic space is threatened and dismissed.
The sense of mistrust among Indonesians will only continue to grow if the Indonesian legal system continues to fail to hold police officers accountable for violations of human rights or acts and narratives that stigmatize Papuans.
The lessons that can be drawn from the case of policing in Papua are crucial not only for the Papuan people, but for all Indonesians. They provide one of the harshest examples and warning signs of what happens when police become militarized, are removed from accountability and are used as a tool to criminalize and repress dissenting voices. The Indonesian police behave consistently with the government’s discriminatory narratives towards certain communities – such as Papuans, and especially Indigenous Papuans. Trust, a constructive dialogue between Papuans and the Indonesian government, and lasting peace will only be possible when Indonesia as a whole fully embraces its commitments to human rights and to truly treat all people equally.
Endnotes
Contributors
Nadine Sherani Salsabila has a Bachelor’s degree in International Relations from Universitas Brawijaya, and is currently the head of international advocacy officer for the Commission for the Disappeared and Victims of Violence (KontraS) Indonesia. She focuses her advocacy on strategizing with international stakeholders through UN mechanisms such as the Universal Periodic Review (UPR) in November 2022 and the International Covenant on Civil and Political Rights (ICCPR) in March 2024 as well as other international and regional mechanisms. She is also the secretariat and program manager of the Asia Alliance Against Torture (A3T), which mobilizes human rights organizations, advocates and activists across Asia to combat torture and other forms of ill-treatment.
Rozy Brilian Sodik earned his Bachelor of Law (SH) from Universitas Indonesia in 2021. He is currently the head of the Research and Documentation Division of KontraS. Rozy contributes to various KontraS reports, including the Report on the Situation of Torture, Police Evaluation Report, Military Evaluation Report and Indonesia Human Rights Report. He regularly shares his opinions in national media. His expertise is in civil and political rights, security sector reform, democracy and good governance. Active in the movement since his student days with the Student Executive Board of Universitas Indonesia (BEM UI), Rozy participated in significant demonstrations in 2019 and 2020.
Yuli Langowuyo is a human rights defender and the coordinator of the Papua Legal Aid Foundation (LBH Papua), which is part of the Advocacy Network for Upholding Law and Human Rights (SKPKC) in Papua. SKPKC is a coalition of organizations in Papua that work to promote and protect human rights in the region. Yuli’s work involves advocating for the rights of Indigenous Papuans and addressing human rights violations in Papua.
Auliya Rayyan was an international advocacy officer at KontraS, with experience in advocating various human rights issues to UN human rights and regional mechanisms. She now works as a programme manager for the UK government’s Indo-Pacific Cyber Programme, managing projects to build open, free, secure and resilient cybersecurity in the region.
Illustrations by María Victoria Rodríguez via femiñetas
Victoria is a freelance illustrator and animator, and has been based in Berlin, Germany, since 2019. She has a degree in fine arts, graduated from the National University of Rosario in Argentina, and also studied traditional 2D animation at the School of Animators of Rosario.
She has experience working with different publishers and institutions in the fields of illustration, animation and comics. Her work is generally linked to activist issues, everyday life and the emotional and imaginary world.
She is a co-founder and member of feminist graphic collectives in both Argentina and Germany. She shares workshops and exhibits her work in group and solo exhibitions. In addition, she has participated as a guest at festivals sharing her experience making fanzines, and has taken part in artistic residencies in various parts of South America and Europe. Her work can be found in magazines, books, posters, social media and more.
femiñetas: feminism in vignettes. femiñetas is an illustrated and transoceanic collective and media. It comprises some 300 illustrators and writers from different parts of the world who form a story-telling community in the language of comics.
Flor Coll is the coordinator and founder of femiñetas. She is a journalist and Social Communication graduate from Universidad Nacional de Rosario (Argentina) and holds a Master’s in Gender and Communication from the Autonomous University of Barcelona (Spain). After working for more than 15 years as a journalist in Argentinian radio, TV and print media, she currently carries out gender and sexuality campaigns for the NGO Sexus and teaches at the Master’s in Communication and Gender at the Barcelona Open University in Spain (UAB). She co-created Chamana Comunicación, a consultancy firm based in Barcelona where she is the director of communication and capacity building.
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