West Papua and its indigenous people<\/p>\n
Indah Pangestu Amaritasari, Jakarta<\/p>\n
Indonesia is a unique country in that it consists of hundreds
\nof ethnic groups, each with their own culture.<\/p>\n
Indigenous people or indigenous populations are classified as
\npeoples and entitled to the right to internal self-determination.
\nThe UN Charter, particularly article 1 (2), upholds the principle
\nof equal rights and self-determination. The international human
\nrights covenants affirm that all peoples have the right to self-
\ndetermination.<\/p>\n
In a broader sense, internal self-determination can be
\nachieved by providing broad autonomy. However, autonomy in a
\ndecentralized system to protect minority and indigenous groups is
\nso far not defined clearly in the Bill of Rights, although its
\nsignificance to protect the minority and indigenous populations
\nis undeniable.<\/p>\n
In Indonesia, special autonomy was granted to West Papua\/Irian
\nJaya and Aceh to respond to separatist movements, which gained
\nmomentum as East Timor got its independence. Special autonomy for
\nPapua is meant to protect the right of indigenous people to self-
\ngovernance.<\/p>\n
Autonomy is considered to have high durability when: first, if
\nthe conflict has subsided after the initiation of the autonomy.
\nSecond, if autonomy continues to exist on the basis of an
\noperative political document after at least one constitutional
\nchange of government\/head of government in the central state.
\nKjell-Eke Nordquist in his article published in Markku Suksi's
\nbook, Autonomy: Application and Implication, said a "low" level
\ndurability was assigned to cases where one of these conditions
\nwas lacking. In this respect, Indonesia is defined as low
\ndurability. The durability of the autonomy somehow corresponds to
\nthe political environment of autonomies in which the autonomies
\ncan lead to the breaking up of the autonomies.<\/p>\n
The low durability level of autonomy is usually related to
\ninternal dimensions. Those internal dimensions could be
\ngovernment intervention in the form of applying unilateral
\nmeasures. In the case of Papua, the low durability level of
\nautonomy in this region has an internal dimension in the form of
\ngovernment intervention through Presidential Instruction No.
\n1\/2003 on the formation of West Papua as a new province in
\naddition to Papua.<\/p>\n
The implementation of an autonomy law could only be effective
\nwhen internal self-determination and the protection of indigenous
\npopulations is assured, which is preoccupied by a triangular
\nsystem. The triangular system has three aspects: rule of law,
\ndemocracy and human rights. In short, a triangular system is a
\nsystem whereby a state acts according to the rule of law, to
\nguide democracy and to respect human rights.<\/p>\n
Randall Peerenboom in his book China's Long March to the Rule
\nof Law, describes the rule of law as meaning that the
\nlegislature, government, courts and political parties, and all
\norganizations and individuals are subject to the law and must act
\nwithin the parameters of the law. Only the rule of law would
\nensure that major decisions are scientific and democratic and
\ncomply with the interests of the people. The rule of law is a
\npromising area to begin political reforms.<\/p>\n
Furthermore, because the state organs must act according to
\nthe rule of law, citizens have greater opportunities to
\nparticipate in and challenge government decision; hence, the
\npower will shift from the state to the society (democracy). The
\nrule of law requires good laws that promote human rights and
\njustice. To have an autonomy law is not merely a symbol of good
\ngovernance, more than that is required, as seen in the
\npreconditions of the triangular system.<\/p>\n
This triangular system is believed to be capable of supporting
\na state to have a high durability. Hereby, autonomy is not easy
\nto break up just because of internal aspects such as structural
\nchanges. Indonesia, for sure, should work toward having an
\neffective triangular system if this country wishes to step
\nforward as a strong nation.<\/p>\n
The writer is a lecturer at the National University (UNAS) who
\nfocuses on indigenous peoples and self-determination in her
\nstudies while undergoing her master's degree in human rights in
\nOslo. The writer can be reached at Punk_s_2@yahoo.com<\/p>",
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