MOTION FOR A RESOLUTION on Indonesia, notably the cases of Hosea Yeimo, Ismael Alua and the Governor of Jakarta

17.1.2017 - (2017/2506(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Pier Antonio Panzeri, Ana Gomes on behalf of the S&D Group

See also joint motion for a resolution RC-B8-0072/2017

B8‑0072/2017

European Parliament resolution on Indonesia, notably the cases of Hosea Yeimo, Ismael Alua and the Governor of Jakarta

(2017/2506(RSP))

The European Parliament,

-   having regard its previous resolutions on Indonesia, in particular of the 10 February 2014 on the draft Council decision on the conclusion of the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States on the one part and the Republic of Indonesia on the other part, with the exception of matters related to readmission;

- having regard to the EU-Indonesia Partnership and Cooperation Agreement, which entered into force on 1 May 2014;

- having regard to its publication of October 2016, ‘At a glance: Human Rights in Indonesia”, October 2016 (General - Human rights in West Papua)

-   having regard to the statement of 23 May 2015 by the HR/VP Federica Mogherini on the prospect of further executions in Indonesia

-   having regard to the statement of 27 July 2016 by the European External Action Service (EEAS) spokesperson on the planned executions in Indonesia

- having regard to the Human Rights Council Statement by Ms Jennifer Robinson, lawyer at Bertha Foundation, November 2015 ( General - Human rights in West Papua)

- having regard to the Human Rights Watch Report on Indonesia of January 2017

- having regard to the International Covenant on Civil and Political Rights, to which Indonesia is a state party;

-   having regard to rule 135 of its Rules of Procedure,

 

A.   Whereas Indonesia is the world’s fourth most populous country, is religiously diverse with 6 officially recognised religions and is the world’s largest Muslim majority;

 

B.   Whereas President Widodo has made commitments on religious freedoms, but religious minorities face harassment, intimidation and violence by Islamist militant groups and discrimination under Indonesian regulations, including its abusive ‘Blasphemy Law’;

 

C.   Whereas on 16 November 2016 Jakarta Governor Basuki Tjahaha Purnama ‘Ahok’, was charged with blasphemy on connection with a reference he made to a Quran verse in late September; whereas if convicted, Ahok could face up to five years imprisonment under Indonesia’s blasphemy law;

 

 

D.  Whereas in January 2016, Indonesian officials and security forces were reportedly complicit in the violent forced eviction of over 7,000 members of the religious community Gafatar, from their homes; Whereas in March 2016, Gafatar activities have been banned;

 

E.  Whereas the use of force, violence, arbitrary arrests and abuse of ‘maktar’ rebellion laws by Indonesian authorities against Papuans exercising their rights to peaceful assembly and association are on the rise; Whereas Indonesian authorities continue to restrict access by foreign media personnel to monitoring groups into the region despite the lifting of a ban on foreign journalists in May 2015;

 

 

F.   Whereas on 19 December 2016 , Hosea Yeimo and Ismael Alua, two Papuan political activists, , were detained and charged with ‘rebellion’ under the Indonesian Criminal Code, following peaceful political activities; whereas Hosea Yeimo and Ismael Alua have been released on bail on 11 January 2017; whereas legal proceedings of the case continue; Whereas if convicted, they can face up to life imprisonment;

 

G.   Whereas in May 2016, more than 1,500 peaceful political supporters were detained during a rally, most of which were however released;

 

H.  Whereas 2016 saw an unprecedented number of violent discriminatory and harassment abuses against LGBT people’s rights; Whereas Indonesian Islamist militant groups have reportedly attacked and harassed LGBTI minority communities, with the explicit or implicit blessing, and provocation, of high ranking officials;

 

I.   Whereas in October 2016 President Jokowi has defended LGBT rights in Indonesia where homosexuality is legal; whereas since 2016, the Constitutional Court in Indonesia is reviewing a petition aimed to criminalize gay sex and non-marital sex, as well as proposals to ban the distribution of contraceptive supplies; Whereas the proposed legislation carries up to five years imprisonment;

 

 

J.   Whereas Indonesia resumed capital punishment in 2013 and has a number of planned executions of convicts; whereas since the resumption of the death penalty, the number of executions are on the rise;

 

 

 

1. Welcomes the efforts of Indonesia to sustain its democracy, promote human rights and in recalling its ‘unity in diversity’, as well as its continued European Union-Indonesia Human Rights Dialogue; Stresses the need to ensure protection of all human rights, particularly of minority and vulnerable groups, and freedom of expression;

 

2. Is concerned about the growing intolerance towards ethnic, religious and sexual minorities in Indonesia; Strongly condemns all acts of violence, harassment and intimidation against minorities, as well as impunity for the same and condemns the increased abuse of existing regulations to discriminate, prosecute and imprison members of religious minorities and traditional religions, ethnic and sexual minorities;

 

3. Calls upon the authorities of Indonesia to immediately repeal and/or amend its laws ,in particular its ´blasphemy laws` and ´rebellion´ laws and to bring all its laws in conformity with its obligations under international human rights law, specifically on freedom of expression, thought, conscience and religion, equality before the law, freedom from discrimination, and rights of public assembly and expression

 

4. Expresses its deep concern about the violence and harassment perpetrated against religious minorities; Urges the Indonesia authorities to ensure the practical application of freedom of religion as provided for by its Constitution and to promote religious tolerance; Notes with grave concern the case of Jakarta Governor ‘Ahok’;

 

5. Remains gravely concerned about human rights abuses against the civilian population in Papua and West Papua; Welcomes the release on bail of political activists Hosea Yeimo and Ismael Alua; Notes that legal proceedings of the case will continue; Calls on the authorities of Indonesia to drop all charges against all Papuan activists, solely charged for peacefully exercising their human right to freedom of expression;

 

6. Urges the Indonesian and local authorities in Papua to implement immediate and effective measures to ensure the safety and security measure of peaceful political activists exercising their rights therein; Calls on the authorities to ensure that the people in Papua are able to freely express their ideas and opinions without fear of punishment, reprisal or intimidation

 

7. Welcomes, the statement of President Widodo of 19 October 2016 emphasising his opposition to anti-LGBT discrimination; Urges the President to continue to support and protect all rights of privacy, autonomy, health and LGBTI and calls on the authorities to follow suit; Forewarns that the restriction outlined in the proposed legislation violates internationally protected rights to privacy and non-discrimination; Is strongly concerned about the intensification of anti-LGBTI rhetoric, coming from ministers, lawmakers, religious groups, NGOs and media, which has resulted in numerous threats and violent attacks on LGBTI NGOs, activists, and individuals; calls on the government and lawmakers to refrain from further restricting the rights of LGBTI people and ensure their right to freedom of expression and assembly is guaranteed; calls on Indonesian politicians to publically condemn discrimination and violence against LGBTI people;

 

8. Calls upon the government and Parliament of Indonesia to immediately halt all executions and to abolish the death penalty and urges the authorities to establish a moratorium on all executions with a view to abolishing the death penalty ;

 

9. Instructs its President to forward this resolution to the Government and Parliament of Indonesia, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the parliaments and governments of the Member States, the United Nations High Commissioner for Human Rights and the governments of the ASEAN Member States;