On the occasion of the publication of the Human Rights Watchreport
“Prosecuting Political Aspiration, Indonesia’s Political Prisoners”, the
Dutch Socialist Party posed 1 July 2010 questions to the Minister of Foreign
Affairs, Drs. M.J.M. Verhagen.
(Translation Pro Papua)
Answers of mister Verhagen , Minister of Foreign Affairs, on 30 July 2010 also
on behalf of the Minister of Home Affairs, to questions of the member of
parliament Van Bommel (SP) about the fate of political prisoners in Indonesia.
Question 1
Have you taken notice of the recommendations of the report of Human Rights
Watch “Prosecuting Political Aspiration, Indonesia’s Political
Prisoners””? Do you share these recommendations? If not, why not? 1) If so,
hw do you intend to share this with the Indonesian government?
Answer
Yes, I have taken notice of the report. The Netherlands is following the human
rights situation in Indonesia very closely, both bilaterally as in EU context.
During the EU-Indonesia human rights dialogue on June 29th 2010 topics were
raised by the European Union such as freedom of speech and the development of
the legislative power. There was also constructive dialogue with Indonesia
about prisoner’s rights. In the future the Netherlands will continue to pay
attention to the treatment of political prisoners in accordance with the
bilateral political dialogue with Indonesia.
Question 2
Are you willing to ask for the immediate and unconditional release of all
individuals who expressed their political views in Indonesia in a non-violent
way? Are you willing to bring to discussion, in particular, those cases where
individuals demonstrated in a non-violent way with Moluccan and Papuan flags?
If not, why not?
Answer
The Netherlands advocates freedom of speech and tries, where possible, to stand
up for individuals who are being sentenced or being jailed for expressing their
opinion.
This was raised during my visit to Indonesia in January 2009, during the
bilateral political dialogue with Indonesia in November 2009 and more recently
by employees of the Dutch embassy in Jakarta, last May and June. Also last June
29th the situation of the political prisoners was discussed during the European
Union human rights dialogue. The government will continue to bring to the
attention of the Indonesian government at every suitable occasion every
prosecution and imprisonment of all individuals who express their political
views in an non-violent way.
Question 3
Do you remember your own answer to the written questions of April 29th 2008 in
which you state that The Netherlands asked Indonesia to put the articles 106 en
107 of the penal code and the decree 77/2007 at level with operative
international judicial obligations? Do you share the opinion that Indonesia
until now has not complied with the afore mentioned? Therefore, are you willing
to urge directly with the Indonesian government to carry through the measures
desired? 2)
Answer
Yes, I am willing to, once again, ask the Indonesian government to put the
articles 106 en 107 of the penal code and the decree 77/2007 at level with
operative international judicial obligations.
Question 4
Meanwhile, did you receive exact figures about the number of political
prisoners in the Moluccas and elsewhere in Indonesia? If so, how many
individuals are involved? 3)
Answer
The report of Human Rights Watch deals with at least 100 political prisoners
from the regions Moluccas and Papua. The Indonesian authorities do not publish
figures about these matters.
Question 5
Are you willing to argue for an independent investigation to the torture of
these political prisoners? If not, why not?
Answer
Reports of possible torture in Indonesian prisons are of great concern to me.
The matter has been raised both bilaterally and in EU context. I will continue
to place this on the agenda.
Question 6
Are you willing to argue for, again, replacing Moluccan political prisoners to
a prison on the Moluccas? 4)
Answer
Yes, as a matter of fact The Netherlands is cooperating with the Indonesian
authorities in order to improve the functioning of the legislative power on the
Moluccas.
Question 7
Do you remember question 4 of the written questions of June 30th 2008, in
which was asked for the possible prosecution of members of Densus 88? 5) Have
members of Densus 88 been prosecuted in Indonesia? How do you judge the
recommendation of Human Rights Watch that the US and Australia have to cease
training members of Densus 88, because they have been involved in the torture
of participants of the dance demonstration on June 29th 2007? Do you share this
recommendation? If not, why not?
Answer
Yes, as to my knowledge no members of Densus 88 have been prosecuted. It is up
to the US and Australia to make a decision about whether or not to continue to
train the Indonesian police forces.
Question 8
In what way do The Netherlands monitor progressions in the reformation of the
security sector, as you promised on August 31st 2007 and previously announced
in a policy memorandum on June 13th 2006? What is the current situation? 6)
Answer
At present The Netherlands support the Indonesian police force by education and
training, especially in the field of ‘community policing’, proper
administration, traffic police and criminal investigation (cybercrime,
financial affairs and environment). The Netherlands also conduct bilateral and
multilateral conversations with the Indonesian government about further
reformations of the security sector. This mainly concerns forcing back military
participation in the economy, the relation between the army and police force,
the role of the police force, army and security services in a democracy and
reinforcement of knowledge of human rights with the safety authorities. The
Netherlands also support several local NGO’s active in the field of human
rights and democracy.
Question 9
Can you rule out that, in the cooperation between The Netherlands and Indonesia
in order to fight terrorism, the Dutch contribution will amount to human rights
violations? If not, what measures will you take with reference to the findings
of this report?
Answer
In the cooperation between the intelligence and security services in the field
of fighting terrorism, embedding democracy and respect for human rights form
an essential part of decision making regarding the start and maintenance of
relations with the service concerned.
This in line with article 59 WIV 2002 which, among others, states that
cooperation with foreign intelligence and security services is only to take
place if the interests they serve are not incompatible with the Dutch
interests, among which are constitutional and human rights, embodied in the
Constitution and in international treaties ratified by The Netherlands.
Question 10
Do you share the opinion that these political prisoners are to be released
before president Yudhoyono can pay his intended visit to The Netherlands, later
this year? If not, why not?
Answer
I would like to refer to my answer to Question number 2. The intended visit
from president Yudhoyono reflects the excellent en versatile relationship
between The Netherlands and Indonesia. A constructive and open dialogue about
human rights is a part of this relationship.
1) “Prosecuting Political Aspiration, Indonesia’s Political
Prisoners” page 15,
[www.hrw.org]
2) Appendix Acts, Year of meeting 2008-2009, nr. 2217
3) Appendix Acts, Year of meeting 2008-2009, nr. 3096
4) Parliamentary report 26049, nr 69
5) Appendix Acts , Year of meeting 2008-2009, nr. 3096, question 4
6) Parliamentary reports 26049 nr 58 and 26049 nr 51. In particular page
nr 10 “Furthermore in November 2005 an MoU was signed between the Ministry of
Foreign Affairs and the Indonesian police force as a basis for future
cooperation. This concerns training in the field of traffic safety and fighting
terrorism and transnational crime