Papua problem and the international community

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).