INTERNATIONAL LAWYERS FOR WEST PAPUA
http://www.ilwp.org/
STATEMENT ON KOSOVO AND WEST PAPUA
15TH AUGUST 2010
Two years ago today, on 15th August 2008, Serbia transmitted a request to the UN General Assembly for an advisory opinion from the International Court of Justice. The issue was whether Kosovo’s unilateral declaration of independence was in accordance with international law.
Less than a month ago, the International Court of Justice gave its opinion. An advisory opinion by the International Court of Justice about the right to independence clearly has implications for all subject peoples around the world. The ILWP welcomes the statement of the International Court of Justice (paragraph 79) that:
“During the second half of the twentieth century, the international law of self-determination developed in such a way as to create a right to independence for the peoples of non-self-governing territories and peoples subject to alien subjugation, domination and exploitation.”
Of great significance is the Court’s statement “that general international law contains no applicable prohibition of declarations of independence.”
The 15th August is also the anniversary of the signing in 1962 of the New York Agreement between the Kingdom of the Netherlands and Indonesia. This bilateral treaty guaranteed that the Papuans in the Dutch colony of West Papua would be allowed to exercise their right of self-determination. It has never happened.
Indonesia, the administering power has never permitted an act of self-determination as legally required by the New York treaty and by international law. Indonesia, the administering power, held what it called an “Act of Free Choice” and forced 1022 Papuans to say that they wanted West Papua to remain with Indonesia. For 48 years the Papuans have been denied their right to choose independence.
Today Kosovo is being recognised by an increasing number of states. But West Papua remains a colony – a people under alien subjugation, domination and exploitation.
Respect for the rule of law demands that international law is obeyed wherever it applies. States must not pick and choose which bits of international law they will respect and what they will ignore. The right to self-determination is a peremptory norm that all States must respect.
The ILWP once again asks the international community of States and the United Nations to ensure that West Papua (now divided into Papua and West Papua) is allowed to exercise its right to self-determination peacefully and in accordance with international law.
Melinda Janki
Melinda Janki
Chair
ILWP
15th August 2010
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INTERNATIONAL LAWYERS FOR WEST PAPUA
STATEMENT ON WEST PAPUA’s RIGHT TO SELF DETERMINATION
18th JULY 2010
The International Lawyers for West Papua (ILWP) welcomes the courageous and honourable decision by the Parliament of Vanuatu to raise with the United Nations General Assembly, the question of the right to self-determination which is held by West Papua (formerly the Netherlands New Guinea).
The ILWP notes that the 1969 ‘act of free choice’ provides no legal or moral justification for Indonesian sovereignty over West Papua and the indigenous peoples of West Papua.
ILWP further notes that the United Nations Special Committee on Decolonisation expressed deep concern (on Wednesday 23rd June 2010 in its eighth meeting) that colonialism has not yet been totally eradicated 50 years after the General Assembly adopted its seminal Declaration on Decolonisation.
We respectfully remind the Special Committee on Decolonisation that Indonesia’s presence in West Papua is a continuation of colonialism and as such it is a violation of international law.
We therefore respectfully request the Special Committee on Decolonisation to reinstate West Papua (the former Netherlands New Guinea) on the list of non-self-governing territories.
We further respectfully request the member states of the United Nations General Assembly:
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to respect the right of self-determination held by West Papua under international law;
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to bring to an end the illegal subjugation of the indigenous West Papuans by Indonesia, an alien power..
We ask all member states of the United Nations General Assembly to ensure that a genuine act of self-determination is held in West Papua in accordance with international law so that the indigenous peoples of West Papua may freely determine their future.
Melinda Janki
Melinda Janki Chair ILWP
18th July 2010
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INTERNATIONAL LAWYERS FOR WEST PAPUA
STATEMENT ON THE PROPOSED MILITARY ACTION IN MORGAME, WEST PAPUA
The international Lawyers for West Papua express their deep concern at the report of proposed military action by Indonesian forces in Morgame, West Papua, formerly the Netherlands New Guinea.
ILWP notes that the 1969 ‘act of free choice’ provides no legal or moral justification for Indonesian sovereignty over West Papua and no basis for military action against the indigenous peoples of West Papua.
ILWP further notes that Indonesia’s presence in West Papua is a continuation of colonialism and as such it is a violation of international law.
We call on the international community of states and the United Nations:
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to bring to an end the subjugation of the indigenous West Papuans by Indonesia, an alien power;
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to ensure that a genuine act of self-determination is held in West Papua in accordance with international law so that the indigenous peoples of West Papua may freely determine their future.
ILWP notes with deep concern the increasing human rights violations by the state of Indonesia against the indigenous peoples of West Papua.
We call on Indonesia to allow international monitors to enter West Papua and provide a full report of the human rights situation in West Papua.
We ask the international community of states and the UN to act immediately to uphold the international rule of law and enable the indigenous peoples of West Papua to live in freedom, peace and dignity.
Melinda Janki
Melinda Janki Chair ILWP
9th May 2010
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STATEMENT ON POLITICAL PRISONER
The International Lawyers for West Papua are deeply concerned at the arrests, detention and apparent torture of West Papuans by the Indonesian Government.
By its actions the Indonesian Government is once more violating international law, specifically the fundamental human rights guaranteed by international law.
Article 19 of the International Covenant on Civil and Political Rights states that:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (order public), or of
public health or morals.
Freedom of expression covers the right to voice support for organisations such as the International Lawyers for West Papua, which is dedicated to upholding the rule of international law through peaceful means. General Comment 10 emphasises that any restriction on the exercise of freedom of expression must be provided by law, must be “necessary,” and must not put the right itself in jeopardy.
Indonesia acceded to the Covenant on Civil and Political Rights in February 2006 and is therefore legally bound to allow West Papuans to express their views peacefully.
Article 21 of the Covenant on Civil and Political Rights guarantees the right to peaceful assembly and therefore protects the right of West Papuans to demonstrate peacefully in support of their views. Indonesia is in breach of this obligation by arresting and detaining demonstrators.
Freedom of expression and freedom of assembly are the basic freedoms of a democratic country. We are very concerned about the fifteen people on trial in Nabire and the three-year sentence imposed on Buchtar Tabuni for peaceful demonstrations.
We are also deeply concerned about the reports of torture of political prisoners. Torture is a crime against humanity and is prohibited by international law in all circumstances. We therefore respectfully request the Indonesian Government to
• Release immediately all political prisoners;
• Take immediate steps to ensure that all West Papuans are able to exercise their fundamental human rights under international law without reprisals, fear or threats;
• Permit a credible international organisation to conduct an independent enquiry into the allegations of torture. There can be no peace in the world unless all states, including Indonesia, respect the inherent dignity of mankind and actively protect the fundamental human rights and freedoms guaranteed by international law.
1. Charles Foster, Barrister & International Lawyers for West Papua.
2. Melinda Janki, International Human Rights Lawyer, Attorney-at-Law, Guyana
& International Lawyers for West Papua
3. Nigel Hughes, Attorney-at-law, Guyana
4. Gino Persaud, Attorney-at-law, Guyana
Secretariat
International Lawyer for West Papua
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STATEMENT
As members of International Lawyers for West Papua we voice our deep concern at the recent increase in military activity in West Papua, including the reported sweeping operations in the Puncak Jaya region. We are also concerned at the increase in numbers of political prisoners being held in West Papua and the reports of systematic torture in the prisons. We are particularly concerned about the three year sentence just given to Buchtar Tabuni and about the 15 people on trial in Nabire following demonstrations there. We call on the government of Indonesia to immediately withdraw its military from West Papua, release political prisoners and investigate reports of torture in its prisons and to allow access to West Papua for the International Red Cross and foreign journalists.