Wensislaus Fatubun
Cases- Location of case in SG report
- 2021-044-001
- Relevant SG report
- Year of the report
- 2021
- From Country
- Country Geolocation
Latitude: -0.789275
Longitude: 113.921327
- Country Geolocation (linked Cases)
- Indonesia
- From Region
- UN body that raised the case prior to the SG report
- UN Special Procedures: Thematic
- Dates of prior UN action
- 26 June 2020
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
human rights defender and advisor for human rights of the Papuan People’s Assembly (MRP), who regularly provides documentation, testimony and analyses on human rights issues in West Papua to the UN
- Type of rights defended
- Indigenous peoples’ rights
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
In March 2017, Mr. Fatubun cooperated with the Special Rapporteur for the right to health during his visit to Papua. According to information received, on 6 October 2019, personal details were posted about Mr. Fatubun and his family on Facebook, accusing him of affiliation with an armed separatist group, Free Papua Movement. In October 2019, police officers from the Tomohon City Police Precinct and two members of the Indonesian Military Command in Manado, questioned family members about his work. 45. Mr. Fatubun submitted a complaint to the commissioner of the National Commission on Human Rights (Komnas HAM) (IDN 2/2020), which has raised concerns with local authorities, but as of May 2021, surveillance has reportedly continued and no action has been taken. On 17 November 2020, it was reported to OHCHR that 84 people, including Mr. Fatubun, were arrested by Merauke Police ahead of a series of public consultations organized by the Papuan People’s Assembly (MRP) to discuss the Special Autonomy Law (OTSUS or Otonomi Khusus bagi Provinsi Papua). He was reportedly questioned about his advocacy and engagement with international mechanisms and released the following day (IDN 2/2020).
- Engagement with UN body
- UN Special Procedures: thematic
- Type of attempted engagement
- Unclear
- Dates of mentioned reprisals
- 6 October 2019
- Location of mentioned reprisals
- Indonesia
- Reprisal information
On 26 June 2020, special procedures mandate holders addressed concerns about the criminalization and intimidation of human rights defenders in the Papua and West Papua provinces (IDN 2/2020).34 In particular, they drew attention to the alleged intimidation against Mr. Wensislaus Fatubun, human rights defender and advisor for human rights of the Papuan People’s Assembly (MRP), who regularly provides documentation, testimony and analyses on human rights issues in West Papua to the UN. In March 2017, Mr. Fatubun cooperated with the Special Rapporteur for the right to health during his visit to Papua. According to information received, on 6 October 2019, personal details were posted about Mr. Fatubun and his family on Facebook, accusing him of affiliation with an armed separatist group, Free Papua Movement. In October 2019, police officers from the Tomohon City Police Precinct and two members of the Indonesian Military Command in Manado, questioned family members about his work. 45. Mr. Fatubun submitted a complaint to the commissioner of the National Commission on Human Rights (Komnas HAM) (IDN 2/2020), which has raised concerns with local authorities, but as of May 2021, surveillance has reportedly continued and no action has been taken. On 17 November 2020, it was reported to OHCHR that 84 people, including Mr. Fatubun, were arrested by Merauke Police ahead of a series of public consultations organized by the Papuan People’s Assembly (MRP) to discuss the Special Autonomy Law (OTSUS or Otonomi Khusus bagi Provinsi Papua). He was reportedly questioned about his advocacy and engagement with international mechanisms and released the following day (IDN 2/2020).
- Types of reprisals suffered
- Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
- Family/friends/acquaintances targeted
- Online harassment
- Surveillance
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- No
- Government response dates
- 9 July 2020
- Government response content
the Government responded,35 affirming the right to peaceful protest in Indonesia and rejecting the allegations. Regarding the complaint by Mr. Fatubun to the National Commission on Human Rights (Komnas HAM), the Government noted that it contacted the Commission to seek clarification but that no petition had been received in this regard and that no domestic grievance mechanism had been used or exhausted.
- Was the case raised by a State at the UN?
- No
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 1
- In which SG report was this case followed up on? 0
- 2022
- Follow up information provided in SG report 0
The case of Mr. Wensislaus Fatubun, human rights defender and advisor for human rights of the Papuan People’s Assembly (MRP) was included in the 2021 report of the Secretary-General on allegations that he was arrested, questioned about his advocacy and engagement with international mechanisms and released the following day.
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- Yes