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Right to Freedom from Violence<br />

All human beings have the right to live free from violence, and women are no exception. This right is<br />

inherent <strong>for</strong> all humans and has become international law guaranteed in the Declaration of Human<br />

Rights, the Constitution of the Republic of Indonesia, and in the Special Autonomy Law.<br />

According to the Universal Declaration of Human Rights:<br />

• “Everyone is entitled to all rights and freedoms set <strong>for</strong>th in this Declaration without distinction<br />

of any kind, such as race, color, sex, language, religion, political or other opinions . . .” (Article 2)<br />

• “Everyone has the right to life, liberty and security of person.” (Article 3)<br />

• “No one shall be held in slavery or servitude . . .” (Article 4)<br />

• “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or<br />

punishment.” (Article 5)<br />

In the 1945 Constitution (Second Amendment):<br />

• “Everyone is entitled to recognition, guarantees, protection and certainty of just law as well as<br />

equal treatment be<strong>for</strong>e the law.” (Article 28D)<br />

• “Everyone has the right to freedom from torture or treatment that is degrading to human dignity<br />

. . .” (Article 28G.2)<br />

• “The right to life, the right not to be tortured, the right to freedom of thought and conscience,<br />

freedom of religion, freedom from enslavement, the right to recognition as an individual be<strong>for</strong>e<br />

the law . . .” (Article 28I.1)<br />

In Law No. 1/2001 regarding Special Autonomy:<br />

• “The Government, Provincial Government and population of the Papua Province shall uphold,<br />

promote, protect and respect Human Rights throughout the Papua Province.” (Article 45.1)<br />

• “To uphold the Human Rights of women, the Provincial Government shall foster and protect<br />

rights, and empower women in a dignified manner and make every ef<strong>for</strong>t to position them as<br />

equal partners to men.” (Article 47)<br />

Government Regulation No. 54/2004:<br />

• The duty of the Women’s Working Group (Papuan People’s Council) is to encourage the<br />

protection and empowerment of women.<br />

1. State Violence<br />

Violence by the state means all <strong>for</strong>ms of violence against women—physical, sexual, psychological<br />

violence—perpetrated or supported by security <strong>for</strong>ces (army, police) and government officials. 14 Included in<br />

this category of violence is violence not directly perpetrated by the state, but permitted or even supported<br />

by the state, <strong>for</strong> example, violence perpetrated by groups such as militia or security guards at a company.<br />

Summary of Findings on State Violence against Women*<br />

Within a relatively short period of time and with limited resources, the Documentation Team found 138<br />

victims of state violence. The most dominant state actors found to be perpetrators of violence against<br />

women are members of the army. Most of these cases of violence occurred during military operations.<br />

14 State violence against women usually occurs in three situations, namely, armed conflict, when women are in custody, and<br />

violence against refugee and internally displaced women. See the report of the Special Rapporteur on Violence Against<br />

Women, the Causes and Impact, UN E/CN.4/1998/54 (January 26, 1998);<br />

http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/c90326ab6dbc2af4c125661e0048710e?Open document.<br />

ENOUGH IS ENOUGH! 16

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