4 New Zealand s statement in Geneva to the Indonesian government specific to Papua was as follows:

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1 Response by the Ministry of Foreign Affairs and Trade to the supplementary questions of the Foreign Affairs, Defence and Trade Committee of 4 May 2017: This paper provides answers to additional questions posed by the Foreign Affairs, Defence and Trade Select Committee ( the Committee ) in the letter from the Chairperson of the Committee to the Secretary of Foreign Affairs and Trade, of 4 May The letter is attached. How often has the New Zealand Government publicly advocated directly to the Indonesian Government on the matter of freedom of assembly and freedom of speech in West Papua? New Zealand monitors the human rights situation in Papua. Over many years it has raised human rights issues with the Indonesian authorities through diplomatic channels. New Zealand ministers have also raised human rights issues directly with Indonesian counterparts when opportunities allow. No specific record is maintained of how often human rights issues are raised. 2 The New Zealand government has publicly advocated on human rights matters to the Indonesian Government within the United Nations Universal Periodic Review process. 3 Indonesia underwent its last Universal Periodic Review on 3 May During that Review, New Zealand made an intervention which specifically mentioned the human rights situation in Papua. 4 New Zealand s statement in Geneva to the Indonesian government specific to Papua was as follows: [That Indonesia] Ensure human rights obligations in Papua are upheld, respected and promoted, including freedom of assembly, freedom of the press and the rights of women and minorities 5 New Zealand was one of four United Nations Member States to refer to the human rights situation in Papua as part of Indonesia s Universal Periodic Review at the Human Rights Council this year. The others were Australia 1, Mexico 2 and Germany 3. Those Member States statements are included as footnotes below. 6 Indonesia will face its next Universal Periodic Review in The Australian statement was: Finalise the investigation of all human rights cases in Papua 2 The Mexican statement was: Extend an invitation to the Special Rapporteur on the rights of Indigenous Peoples to visit Indonesia, including Papua, in line with the opening of Indonesia to collaborate with special procedures ; 3 The German statement was Improve training and administrative instructions for police and local authorities to ensure that the right to peaceful assembly is universally respected, including in the Provinces of Papua and West Papua 1

2 2 a) What is the legal nature of the ban on the independence flag? b) Does the Indonesian Government also ban the flags of Maluku, and Aceh? c) If so, what is the New Zealand Government's view on that policy? d) Which, if any, other United Nations member states ban independence flags of a country or a people? 2(a) What is the legal nature of the ban on the independence flag? 7 The legal status in Indonesia of the Papuan Independence flag is set down in Government Regulation PP No on Regional Symbols, issued in This regulation outlines the rules for provincial symbols, flags and anthems throughout Indonesia. In summary it states that: Regional flags may be flown outside if they are flown alongside the national flag; and The regional flag is smaller than the national; and The regional flag is flown lower than the height at which the national flag is flown. 8 This regulation applies across Indonesia. However, provincial flags may not be flown if as in the case of Papua, Maluku and Aceh they are being used by separatist movements, i.e. the flags have become synonymous with the separatist objective as much as with the province. In these cases, the flag cannot be used. 9 Regulation PP No of 2007 superseded earlier guidance on the display of flags in the Papua Autonomy Law (2002) and in the Aceh Autonomy law (2005). Flying the Papua Independence flag was permitted between 2002 and 2007 when Regulation PP No was promulgated. 10 The Indonesian criminal code has provisions for treason ( makar ). The Ministry understands that flying an independence or separatist flag could fall under this provision, and the penalty could be imprisonment. 2(b): Does the Indonesian Government also ban the flags of Maluku, and Aceh? 11 The Special Autonomy Law (2005) that established Aceh as a special Indonesian territory (with greater autonomy from Jakarta) prohibits the display of any independence movement-related symbols, including the flag of the Free Aceh Movement (also known as GAM) 4. The Free Aceh Movement s flag has, however, gained limited acceptance in recent years through its adoption by one of Aceh s political parties. It is legal to fly the Aceh GAM flag when it represents the political party, but it is illegal to display it for separatist or independence purposes

3 12 In Indonesia s Maluku province, all symbols relating to the Maluku Sovereignty Front and its efforts to establish the self-declared Republic of South Maluku are illegal. 2(c): If so, what is the New Zealand Government's view on that policy? 13 The New Zealand government does not have a policy position on the display of flags linked to Indonesian provincial areas. 2(d) Which, if any, other United Nations member states ban independence flags of a country or a people? 14 The Ministry does not hold a list of the United Nations Member States that ban flags. A number of flags are banned in different countries. Recent examples that have been publicly reported include: In February 2017, the Cambodian Prime Minister banned the flying of the Taiwanese flag in Cambodia, citing Cambodia s adherence to the One China policy 5 ; In May 2016, the Spanish government banned the use of the Catalan Independence flag at football games 6 ; Known as the "snow lion flag," the Tibetan flag has been banned by the Chinese government since ; In September 2016, provincial flags in Papua New Guinea were banned at Independence Day celebrations, following the New Ireland province issuing a statement declaring its autonomy from Papua New Guinea 8. What arrests have been made by the Indonesian Government (police or military) in West Papua since January 2015, what was the judicial or political outcome of those events, and did the New Zealand Government comment on any? 15 Human Rights Watch has reported that from the beginning of 2015 until the end of 2016, approximately 5000 people were detained in Papua, and that many of these detentions occurred during relatively peaceful demonstrations. The largest of these detentions took place in May 2016, when up to 1692 peaceful Papuan demonstrators were detained across the two provinces of Papua. The New Zealand Embassy in Jakarta reports that, to its knowledge, most of those were held for one or two days and then released. Following these arrests an edict (or maklumat ) was issued stating that any protests by, or in support of, separatist groups would be immediately disbanded

4 16 The New Zealand Embassy has been unable to obtain information on other detentions (i.e. those made for reasons other than freedom of expression) made in Papua from 2015 until now. 17 In May 2016, the former-minister of Foreign Affairs, Hon Murray McCully, responded to a question in Parliament by stating that the New Zealand government was concerned about the mass arrest of protesters in Papua and was calling for an improvement in the situation there. Does the New Zealand Government conclude that there is any statesanctioned torture and killing of civilians in West Papua? 18 As noted in the Ministry s previous written report to the Committee of 12 May 2017, most diplomatic sources in Jakarta contend that state-sanctioned torture is not practised in Papua. The New Zealand government has not reached conclusions or made public statements on whether there is state-sanctioned torture and killings of civilians in Papua. 19 Following a shooting in the Paniai regency of Papua in 2014, which resulted in four deaths and approximately 12 injured, former Minister of Foreign Affairs Hon Murray McCully stated publicly New Zealand s expectation that Indonesia should fully investigate the shootings 9. There was no reference or suggestion, however, that the incident involved state-sanctioned torture or killing. Have any New Zealand journalists applied, and been permitted, to visit and monitor the New Zealand Police Training Programme in West Papua since it recommenced in 2013? 20 The Ministry does not have access to information on all applications by New Zealand journalists to visit Papua, or permits that may have been issued. We understand from open-source reporting that Radio New Zealand journalists were able to travel to Papua in In the same year, a reporter from Māori television also travelled to Papua and reported from there. 21 The Ministry is not aware of any other New Zealand journalists having sought permits from the Indonesian government for travel to Papua since This may not be a complete record. 22 As noted by the Ministry in its report to the Committee of 4 May 2017, the New Zealand Police Training Programme in Papua did not continue beyond the initial pilot programme, which concluded in New Zealand Police continues to cooperate with Indonesian Police. In May 2017, a delegation from the Indonesian

5 National Police Commission visited New Zealand to learn from New Zealand Police experiences on how to build effective relationships and work with Māori. Does the New Zealand Government believe that the UN Special Rapporteur on Freedom of Expression has a right to visit Indonesia; has the New Zealand Government ever commented publicly, or discussed privately with the Indonesian Government, this matter? 23 Access to Indonesia by the United Nations Special Rapporteur is a matter for the United Nations to discuss with the Indonesian government. The New Zealand government has repeatedly called on the Indonesian government to grant increased access to Papua for foreign journalists and non-governmental organisations. New Zealand has not commented on, or raised with the Indonesian government, the possibility of a visit by the Special Rapporteur, but such a visit would be consistent with increased international transparency. What might be the differences, in terms of universal human rights, between the situations in West Papua, Fiji, Nauru and Papua New Guinea (Manus Island)? 24 Universal human rights are by definition, universal, and do not differ from place to place. A list of the core United Nations human rights treaties signed by New Zealand, Australia, Fiji, Indonesia, Nauru and Papua New Guinea is attached as Annex 1 to this report. Does the New Zealand Government regard the West Papua situation to be an issue of domestic human rights or of self-determination? If the latter, does the principle apply equally to Aceh and Sulawesi? 25 The New Zealand government recognises the sovereign integrity of Indonesia, which includes territorial jurisdiction over the Indonesian provinces of Papua and West Papua (together described by the New Zealand Government as Papua ). 26 When issues have been raised with Indonesia over the West Papua situation, this has been in the context of domestic human rights and Indonesia s obligations to uphold established universal human rights norms and principles. What policy does the New Zealand Government believe that the Pacific Islands Forum should adopt on the question of West Papua? 27 New Zealand believes direct bilateral engagement with Indonesia is the most effective way to engage on issues relating to Papua. New Zealand has supported language in past Forum Leaders Communiqués calling on all parties to protect and uphold the human rights of all residents in Papua. In 2016, New Zealand participated 5

6 alongside the ambassadors of Papua New Guinea, Solomon Islands and Fiji in a mission to Papua organised by Indonesia some Pacific Island countries. 28 There is no united view among countries of the Pacific Islands Forum on Papua, as noted in the Ministry of Foreign Affairs and Trade s reply to the Committee on 4 May Did the New Zealand Government ever make any public comment on the referendum on self-determination of West Papua in 1969, then or since? 29 The Ministry is currently unable to answer this question as it does not hold records dating back to A request has been placed with Archives New Zealand seeking the Ministry s historical files from the time of the referendum on selfdetermination. A response will be made to the Committee as soon as those records can be accessed. Does the New Zealand Government believe that the question of selfdetermination of West Papua should be brought before the Committee of 24 at the UN, or before any other UN body? 30 The Committee of 24, or Decolonisation Committee, is the United Nations Special Committee on the Situation with regard to the Implementation of the Declaration on Granting of Independence to Colonial Countries and Peoples. Established in 1961, the Committee annually reviews the list of territories to which the Declaration is applicable and makes recommendations as to its implementation. 31 The question of self-determination can be brought before the Committee of 24 if an administering power authorises it or if the United Nations General Assembly has determined that a territory is added to the United Nations list of Non-Self-Governing territories. Papua is not on the list of Non-Self-Governing Territories. 32 The New Zealand government recognises the sovereign integrity of Indonesia, which includes territorial jurisdiction over the Indonesian provinces of Papua and West Papua. It would not be consistent with the New Zealand position to request that the General Assembly add Papua to the United Nations list of Non-Self- Governing territories. What might be the differences, in terms of the UN principle of selfdetermination and potential admission to the Committee of 24, between West Papua, Bougainville, American Samoa, New Caledonia and French Polynesia? 33 As stated above, Papua is not on the United Nations list of Non-Self- Governing Territories and it could only be added if Indonesia or the United Nations General Assembly agreed. 34 American Samoa was added to the United Nations list of Non-Self-Governing Territories in 1946 and has requested that it remain on the list under the purview of the Special Committee. 6

7 35 New Caledonia and French Polynesia were both included on the United Nations list of Non-Self-Governing Territories for They were re-inscribed in 1986 and 2013 respectively New Caledonia has a roadmap to decolonisation set out in the 1998 Noumea Accord, and must hold a referendum (the first of a possible three) on independence in France has progressively transferred institutional competencies to local government in New Caledonia since 1998, in line with the Noumea Accord. 37 French Polynesia has the unique status of being an overseas country of France, a status accorded by the 2004 autonomy statute. It does not have a road map toward, nor at this time a strong movement in support of, full independence, although it does have a pro-independence group. 38 Bougainville has never been included on the United Nations list of Non-Self- Governing Territories. Under the Bougainville peace agreement, a referendum is mandated to be held in Bougainville by mid-2020 that includes the option of independence. 11 France opposed to French Polynesia s re-inscription on the list of Non-Self Governing Territories, but the United Nations General Assembly recognised French Polynesia s non-self-governing status within the meaning of the Charter. 7

8 Annex 1 Signatories to the core nine Human Rights Treaties 12 There are nine core international human rights instruments. Each of these instruments has established a committee of experts to monitor implementation of the treaty provisions by its States parties. As per the Committee s question, the specified countries have signed the following of the core nine human rights treaties. 13 New Zealand is a signatory to the following core United Nations human rights treaties 14 International Covenant on Civil and Political Rights International Covenant on Economic Social and Cultural Rights Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention on the Elimination of all Forms of Discrimination against Women International Convention on the Elimination of all Forms of Racial Discrimination Convention on the Rights of Persons with Disabilities. Australia is a signatory to the following core United Nations human rights treaties 15 : International Covenant on Civil and Political Rights International Covenant on Economic Social and Cultural Rights Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention on the Elimination of all Forms of Discrimination against Women International Convention on the Elimination of all Forms of Racial Discrimination Convention on the Rights of Persons with Disabilities. Indonesia is a signatory to the following core United Nations human rights treaties 16 : 12 The core nine human rights treaties are: International Covenant on the Elimination of All Forms of Racial Discrimination 1965; the International Covenant on Civil and Political Rights 1966; the International Covenant on Economic Social and Cultural Rights 1966; the Convention on the Elimination of All Forms of Discrimination Against Women 1979; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984; 1989; the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families 1990; International Convention for the Protection of all Persons From Enforced Disappearance 2006; Convention on the Rights of Persons with Disabilities Information on what Optional Protocols have been signed can be found at:

9 International Covenant on Civil and Political Rights International Covenant on Economic Social and Cultural Rights Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment International Convention for the Protection of All Persons from Enforced Disappearance Convention on the Elimination of All Forms of Discrimination Against Women Convention on the Elimination of All Forms of Racial Discrimination International Covenant on Economic Social and Cultural Rights International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Fiji is a signatory to the following core United Nations human rights treaties 17 : Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention on the Elimination of all forms of Racial Discrimination Convention on the Elimination of all forms of Discrimination against Women Nauru is a signatory to the following core United Nations human rights treaties 18 : International Covenant on Civil and Political Rights Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Convention on the Elimination of all forms of Racial Discrimination Convention on the Elimination of All Forms of Discrimination Against Women. Convention on the Rights of Persons with Disabilities Papua New Guinea is a signatory to the following core United Nations human rights treaties 19 : International Covenant on Civil and Political Rights International Covenant on Economic Social and Cultural Rights Convention on the Elimination of All Forms of Discrimination Against Women. Convention on the Elimination of all forms of Racial Discrimination Convention on the Rights of Persons with Disabilities

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