Papua problem and the international community

Jusuf Wanandi, Jakarta

Jakarta's attention should now be directed toward Papua following the successful conclusion of the negotiations to resolve the Aceh conflict.

The problem of Papua is not the same as that of Aceh. There has never been a major armed struggle for independence in Papua as was the case in Aceh. There is also no critical mass in Papua as the populace lives in small tribes spread over such a large region with many valleys and mountains.

Aceh is the heartland of the Republic of Indonesia, but Papua is not. Historical and emotional ties between Papua and the rest of Indonesia began to develop only in 1962 as Dutch neo- colonialist efforts tried to keep Papua separate from Indonesia.

Located in the most eastern part of the country, Papua was incorporated into Indonesia only in 1963, almost 20 years after the country gained independence from the Dutch.

The United States under president Kennedy pushed the United Nations to intervene. Ambassador Ellsworth Bunker was appointed mediator to negotiate for a peaceful resolution. A UN Temporary Executive Authority (UNTEA), together with Indonesia, was empowered to govern Papua.

This was followed by the establishment of Indonesia's authority with the provision that after six years an Act of Free Choice should be held with the advice, assistance and participation of the UN Special Representative for a final decision on Indonesia's sovereignty over Papua.

The people of Papua opted to stay within Indonesia. This was confirmed by representatives in the representative assemblies across Papua in accordance with the August 1962 agreement between Indonesia and the Netherlands. The Report of the UN Special Representative to the UN General Assembly in 1969 on the implementation of the Act of Free Choice was accepted by the majority of the UN General Assembly (Nov. 19, 1969, Resolution 2504).

Since 1969, Jakarta has not been as attentive to Papuan issues and, as usual, when special attention is not being given at the highest level in Jakarta, the bureaucratic "malaise" takes over and everything is put into "slow motion".

Although the Papua problem differs from the Aceh problem, a common platform was introduced in 2001 to organize future relations between Jakarta and these two provinces, namely through a Special Autonomy Law. If all the provisions in the law are implemented in good faith by Jakarta and the Papua region, a new social contract will emerge.

Unfortunately, the previous Megawati government itself was divided on how the law should be implemented. The current Susilo Bambang Yudhoyono government is attempting to redress the situation by introducing Government Decree No. 54/2005 that stipulates rules on the establishment of the Papuan People's Assembly (MRP). This assembly constitutes the core element of the Special Autonomy Law. It is this assembly that will deliberate and decide on basic policies for Papua. Hopefully this assembly will soon be formed and start to function.

It was also during the Megawati presidency that the province was split into two with the creation of the new West Irian Jaya province. This was seen as an effort by Jakarta to "divide and rule". Moreover, the presidential instruction governing this act was against the Special Autonomy Law as any such decision would have to be made by the Papuan People's Assembly.

The Constitutional Court has also decided that the basis of the Presidential Instruction mentioned above, namely Law 45/99 concerning expansion, is no longer valid due to the promulgation of Law No. 21/05 regulating the same matter. Second, it has ruled that the new province is going to stay because it is established already. This second point is highly controversial.

To resolve the Papua problem, the central government must first regain its credibility by consistently implementing the Special Autonomy Law. To help Jakarta focus its attention on resolving the problem a presidential committee needs to be formed.

The leaders and people of Papua on their part should also concentrate on the implementation of the Special Autonomy Law. Their attention tends to be diverted to other issues, or they cater to the special interests of different groups. The first hurdle they have to overcome is in forming the MRP.

If Aceh's problems can be resolved, there is no reason why the Papuan problem cannot be overcome. The international community can help instead of complicating the matter. Papua has become a subject of international attention, particularly in the United States, following the killing of two American teachers some years ago.

The international reactions to the incident have not been helpful as they arouse suspicions within Indonesia as to the intentions of outsiders. Many foreign governments have repeatedly given assurances that they are not interested in separating Papua from Indonesia. They also do not doubt the legitimacy of Indonesia's sovereignty over Papua as recognized by the UN General Assembly in 1969.

However, NGOs, the media and some politicians, instigated by some vested interest or ideologically driven groups could greatly distort the picture. It is true that the government needs to give greater attention to the development and welfare of the Papuan people. This is the essence of the problem. Secession is not the answer.

If Papua is managed well there is no reason to worry about foreign comments or even "intervention" by the U.S. Congress. In fact, the recent resolution that was amended to the proposed Authorization Bill on the House side of the U.S. Congress by a non-voting member is not a law as yet. It will have to go into a conference with the Senate and definitely will be opposed by the President. However, this provides a warning for Indonesia.

Jakarta can do much better in supporting the Papuan people to make the Special Autonomy Law work.

The writer is co-founder of the Centre of Strategic and International Studies (CSIS).