Founding West Irian Jaya province<\/p>\n
Neles Tebay, Rome<\/p>\n
The central government has announced two new regulations on
\nWest Irian Jaya province will be issued. The first regulation
\nwill provide the legal basis for the establishment of the
\nprovince, and the second will regulate revenue sharing between
\nthe provinces of Papua and West Irian Jaya. (The Jakarta Post,
\nNov. 26).<\/p>\n
The main reason for drafting these regulations is to push
\nthrough and establish on firm legal ground the existence of West
\nIrian Jaya province.<\/p>\n
Since West Irian Jaya province already exists without a strong
\nlegal basis, the government has to build the legal foundation for
\nthe province.<\/p>\n
Yet, having a legal basis is not enough.<\/p>\n
In accordance with Law No. 21\/2001 on special autonomy for
\nPapua, the regulations on the establishment of West Irian Jaya
\nprovince must be approved by the Papua's provincial legislative
\ncouncil (DPRP) and the Papuan People's Assembly (MRP).<\/p>\n
The position of the MRP is more vital because it must approve
\nthe formation of any new province created by the partitioning of
\nPapua, even if the central government has already issued the
\nnecessary regulations.<\/p>\n
The government, then, expects the MRP to be \"wise\" in deciding
\non the issue of West Irian Jaya.<\/p>\n
By being \"wise\", they mean the MRP should approve the
\nregulations on the establishment of West Irian Jaya province,
\nsince the province already exists.<\/p>\n
The thinking on the part of the government is \"establish
\nfirst, formulate a legal basis later\". But this kind of reasoning
\nis very dangerous for the country. It could give our leaders the
\npower to do whatever they like, and then justify their actions
\nlater by pushing through laws and regulations.<\/p>\n
Supporting such reasoning, then, means giving a green light to
\nthe government to create new provinces anytime and anywhere they
\nwish, now or in the future, without any legal foundation.<\/p>\n
The correct course would be to formulate the legal basis first
\nand then, based on this legal foundation, establish the new
\nprovince. Not the other way around.<\/p>\n
The government should not force the MRP to use the existence
\nof West Irian Jaya province as the basis for judging the
\nregulations on the province's creation, if it is committed to
\nupholding the supremacy of the law.<\/p>\n
What then should be the criteria, for both the MRP and the
\ngovernment, in examining regulations on the establishment of a
\nnew province in Papua?<\/p>\n
The establishment of the MRP was mandated in the Law on
\nSpecial Autonomy for Papua. According to articles 5 (2) and 20 of
\nthe law, the main duty of the MRP is to protect the rights of
\nindigenous Papuans.<\/p>\n
Giving this task to the MRP reflects the commitment of the
\ngovernment to protect the rights of Papuans. The government is
\ncommitted to recognizing the existence of indigenous Papuans,
\nguaranteeing their safety, respecting their rights and providing
\nthem a better future.<\/p>\n
The protection of the rights of Papuans, then, is and should
\nalways be the main criteria for the government in producing
\npolicies on Papua.<\/p>\n
The Papuans' right to exist is, of course, a fundamental one.
\nFor it is about the very survival of the Papuans.<\/p>\n
Protecting indigenous Papuans is now more urgent than ever.
\nAccording to the Papuan provincial administration, the total
\npopulation of Papua as of the end of 2002 was 2,387,427. Of this
\nfigure, 1,241,462 people (52 percent) were indigenous Papuans and
\n1,145,965 (48 percent) were non-Papuan.<\/p>\n
If their right to exist is not protected, indigenous Papuans,
\nalready only a tiny minority among Indonesia's total population
\nof 220 million, would be a minority in their own land in less
\nthan five or six years.<\/p>\n
The protection of the Papuans' right to exist should the main
\ncriteria in examining the government regulations on West Irian
\nJaya province.<\/p>\n
The government should support the MRP in conducting a study on
\nthe possible impact of the establishment of West Irian Jaya
\nprovince on indigenous Papuans.<\/p>\n
If the study concludes the establishment of the province would
\nthreaten the very survival of indigenous Papuans, then the MRP
\nshould reject the establishment of the province.<\/p>\n
Any such rejection should not be seen as opposition to the
\ncentral government, for the MRP would only be doing its job as
\noutlined in Papua's special autonomy law.<\/p>\n
Instead, Jakarta should support the MRP's position,
\ndemonstrating that it is the protector of Papuans' rights.<\/p>\n
Some different interpretations would emerge if Jakarta
\nrejected the protection of the rights of indigenous Papuans and
\nused the existence of West Irian Jaya province as the criteria
\nfor judging whether or not to approve the regulations on the
\nprovince.<\/p>\n
The government would be suspected of having a bad intention
\ntoward Papuans. The establishment of the province might be seen
\nas an attempt by Jakarta to marginalize the Papuans, and
\ntherefore indirectly threaten their right to exist.<\/p>\n
Some might even see the government as obliterating, slowly but
\nsurely, the very existence of the Papuans.<\/p>\n
Consequently, people might raise other sensitive issues, such
\nas ethnic cleansing, or cultural genocide, or genocide by
\nprocess. This, in turn, would create more problems.<\/p>\n
In order to avoid this, the protection of the Papuans' right
\nto exist should be used by the MRP to determine whether it will
\napprove the establishment of West Irian Jaya.<\/p>\n
The writer is a postgraduate student at Pontifical University
\nof Urbaniana, Rome. He can be reached at nelestebay@hotmail.com.<\/p>",
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