International Lowyers For West Papua (ILWP)

WEST PAPUA (previously named Netherlands New Guinea by the Dutch and Irian Jaya by Indonesia) is the western half of the island of New Guinea, bordering the independent nation of Papua New Guinea. West Papua has been illegally occupied by the Indonesian military since it was handed over, against the will of the indigenous population, by the Netherlands to Indonesia in 1963.

For the past 45 years, successive Indonesian regimes have used extreme violence against the people of West Papua as the only possible way of terrorising them into submitting to rule by Indonesia.

Since 1963, at least 100,000 West Papuans have died at the hands of the Indonesian occupying forces, representing approximately 10% of the population. Countless others have been tortured, raped, intimidated and imprisoned.

As was revealed earlier this year (2008) by the UN Special Rapporteur on Torture, Dr Manfred Nowak, the Indonesian security forces are continuing to commit gross human rights abuses in West Papua to this day. In his report, Dr Nowak found that “torture and other forms of inhuman & degrading treatment or punishment of prisoners is widespread”. (1) He particularly condemned so-called “sweeping operations”, purportedly to counter the West Papuan independence movement, in which Indonesian Special Forces and para-military police kill and torture West Papuan civilians,
destroy crops and burn homes and churches, forcing hundreds of men, women & children to flee into the jungle to save their lives.

In 1970 the indigenous Melanesian populations of West Papua and PNG were equal at one million each. 40 years on there are now 6 million Melanesians in PNG but only a million and a half on the other side of the border in West Papua. During this same period, Indonesia’s trans-migration programme has brought in approximately one million Indonesian migrants to West Papua. It is estimated that within the next few years, indigenous Papuans will become a minority in their own land. (2)

In terms of natural resources (gold, copper, nickel, natural gas, timber etc.), West Papua is one of the richest
territories claimed by Indonesia, but in every measure of poverty and depravation (child mortality, education etc) it is one of the poorest.

Since 2000, the OPM (Free Papua Movement) has been committed to pursuing independence for West Papua through purely peaceful, democratic means. The Indonesian Government has however responded to this commitment with yet more violence against the West Papuans and an ever increasing military, police and intelligence presence.

These are the key steps towards peace with justice for West Papua:

(i) SELF-DETERMINATION: The root cause of the conflict is the denial of the West Papuans’ right to self-determination,
a right which was recognised by the international community throughout the 1950’s and ‘60’s. However, with the
help of General Suharto’s Western allies (in particular the USA, UK & Australia), Indonesia staged a sham referendum in 1969.

Cruelly called the “Act of Free Choice”, the Indonesian military hand-picked 1,026 Papuan elders to ‘represent’ a then population of 800,000, and forced them at gun-point to vote for Indonesia. Suharto and the West knew full well that if they had allowed the Papuans ‘one person-one vote’, as is required under international law, they would have voted overwhelmingly for independence.

In a landmark breakthrough after over 30 years of silence on the matter, the UK Government formally admitted in 2004 that in the 1969 ‘Act of Free Choice’, “1,000 handpicked representatives … were largely coerced into declaring for inclusion in Indonesia”. (3)

West Papuans are therefore calling for a new UN-monitored independence referendum, in the same way as the East Timorese were allowed to vote in a free and fair, one person-one vote referendum in 1999.

(ii) DIALOGUE: The West Papuans are calling on the Indonesian Government to enter into internationally-mediated dialogue, without pre-conditions, with genuinely representative West Papuan leaders. Indonesia has to date refused. Western governments claim the conflict is an “internal matter” and thus currently refuse to offer to mediate dialogue.

(iii) ACCESS: The Indonesian Government severely restricts access to West Papua for foreign journalists and international human rights observers, including Amnesty International.

(iv) DE-MILITARISATION: As a first step towards peace, West Papuans are calling on the Indonesian Government to halt all planned increases of its military (TNI) presence in West Papua and immediately withdraw the TNI, para-military Police (Brimob) and intelligence agents (BIN) to barracks. This would be a hugely important first step to reducing the currently highly charged and tense situation in West Papua. As Ms Hina Jilani, UN Special Representative on Human Rights Defenders, said on 28 January 2008 “A climate of fear undeniably prevails in West Papua”. (4)

Very recently (16 June 2008), the UK Government admitted “We are aware of reports of increased military presence in Papua, particularly along the border shared with Papua New Guinea”. (5)

(v) FREEDOM of EXPRESSION: West Papuans are calling on the Indonesian Government to allow them to exercise their rights to Freedom of Expression, Association & Assembly, particularly in relation to peaceful demonstrations in favour of self-determination & independence for West Papua (including peaceful raisings of the Morning Star flag), and immediately & unconditionally release all West Papuan political prisoners. Indonesia is currently in breach of its obligations under the International Covenant on Civil & Political Rights which it signed in 2006.

By way of example, two West Papuan independence activists, Filep Karma and Yusak Pakage, were sentenced in 2005 to 15 and 10 years imprisonment respectively for peacefully raising the Morning Star flag on 1st December 2004. Amnesty International has recognised them as Prisoners of Conscience and is campaigning for their immediate and unconditional release, together with all other Papuan political prisoners. (6)

(vi) DEMOCRACY: West Papuans are calling on the Indonesian Government to allow any Papuan in favour of self-determination / independence the freedom to pursue these aims via the democratic process. (At present any type of “Free West Papua Party” is illegal under Indonesian law.)

(vii) NATURAL RESOURCES & ENVIRONMENTAL JUSTICE: West Papua is blessed/cursed with abundant natural resources; gold, copper, nickel, natural gas, timber etc. With the help of Western multi-nationals such as BP
& Rio Tinto, Indonesia & the West are making vast profits at the expense of the West Papuan people and their
natural environment.

Many observers believe that Western governments' reluctance to condemn human rights abuses committed by the Indonesian military in West Papua is to avoid damaging their economic interests with Indonesia.

West Papua is almost entirely covered with virgin tropical rainforest, second only in size to the Amazon. It is therefore a key target for logging and clearance for palm oil production, one of the key ingredients for biofuels. This is made possible through widespread corruption involving the Indonesian military. West Papuans who object to natural resource exploitation are counted as “separatists” and “enemies of the state” and are threatened, tortured and killed by the Indonesian security forces. (7)

(viii) ARMS SALES TO INDONESIA: Western countries continue to sell arms to Indonesia despite overwhelming evidence that the Indonesian military uses such weapons to oppress civilian populations, including in West Papua.

For example, in 2005, British-made Tactica armoured personnel carriers fitted with water-cannons were deployed against unarmed West Papuan demonstrators in Jayapura, the capital of West Papua. The Indonesian Police mixed acid with the water, leaving many Papuans permanently blinded. (8)

CONCLUSION: Throughout the 45 year long Indonesian occupation, Western governments have turned a blind eye to Indonesian atrocities and oppression in West Papua to protect their economic and geo-political interests in Indonesia. But as the East Timor & Anti-Apartheid cases so powerfully illustrate, concerted parliamentary, religious and grass roots pressure can eventually persuade Western governments to put their peoples’ core values of justice, freedom, democracy and the rule of international law before narrow national self-interest. This is what the West Papuans so urgently need – now, before it is too late.

Richard Samuelson
Co-director, Free West Papua Campaign, Oxford, UK.
NOTES

(1) Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak: MISSION TO INDONESIA 7 March 2008

“Mr Nowak found that torture and other forms of inhuman & degrading treatment or punishment of prisoners is widespread and "At some police stations, e.g. in … Polres Wamena [West Papua] …, severe beatings were ongoing as the Special Rapporteur conducted his visit."

The Special Rapportuer also particularly highlighted "the use of excessive force by [Indonesian] security forces"... "in particular in Papua" and called on the Government of Indonesia to "take all steps necessary to stop the use of excessive violence during police and military operations, above all in conflict areas such as Papua …". http://www2.ohchr.org/english/bodies/hrcouncil/docs/7session/A.HRC.7.3.Add.7AEV.doc

(2) See: West Papua: Genocide, Demographic Change, the Issue of 'Intent', and the Australia-Indonesia Security Treaty by Dr. Jim Elmslie, University of Sydney, West Papua Project.(2007)

(3) “He [The Rt Revd Richard Harries, Bishop of Oxford] is right to say that [in the 1969 Act of Free Choice] there were 1,000 handpicked representatives and that they were largely coerced into declaring for inclusion in Indonesia” Baroness Symons (Foreign Office Minister) speaking in the House of Lords, 13th December 2004

(4) Report of the Special Representative of the Secretary-General Ms Hina Jilani on the situation of Human Rights Defenders on her visit to Indonesia (5-12 June 2007) 28 January 2008.

(5) Letter from Catherine Seaton, SE Asia & Pacific Group, Foreign & Commonwealth Office, London, to Richard Samuelson, Co-Director, Free West Papua Campaign (UK), 16 June 2008

(6) See Amnesty International UK Action on Filep Karma & Yusak Pakage:
http://www.amnesty.org.uk/actions_details.asp?ActionID=204

(7) See: The Last Frontier - Illegal Logging in Papua Report by the Environmental Investigation Agency & Telepak
http://www.eia-international.org/files/reports93-1.pdf

(8) Indonesia deploys British arms against protesters: The Observer (UK) 27 November 2005 http://www.guardian.co.uk/world/2005/nov/27/indonesia.armstrade