West Papua and its indigenous people

Indah Pangestu Amaritasari, Jakarta

Indonesia is a unique country in that it consists of hundreds of ethnic groups, each with their own culture.

Indigenous people or indigenous populations are classified as peoples and entitled to the right to internal self-determination. The UN Charter, particularly article 1 (2), upholds the principle of equal rights and self-determination. The international human rights covenants affirm that all peoples have the right to self- determination.

In a broader sense, internal self-determination can be achieved by providing broad autonomy. However, autonomy in a decentralized system to protect minority and indigenous groups is so far not defined clearly in the Bill of Rights, although its significance to protect the minority and indigenous populations is undeniable.

In Indonesia, special autonomy was granted to West Papua/Irian Jaya and Aceh to respond to separatist movements, which gained momentum as East Timor got its independence. Special autonomy for Papua is meant to protect the right of indigenous people to self- governance.

Autonomy is considered to have high durability when: first, if the conflict has subsided after the initiation of the autonomy. Second, if autonomy continues to exist on the basis of an operative political document after at least one constitutional change of government/head of government in the central state. Kjell-Eke Nordquist in his article published in Markku Suksi's book, Autonomy: Application and Implication, said a "low" level durability was assigned to cases where one of these conditions was lacking. In this respect, Indonesia is defined as low durability. The durability of the autonomy somehow corresponds to the political environment of autonomies in which the autonomies can lead to the breaking up of the autonomies.

The low durability level of autonomy is usually related to internal dimensions. Those internal dimensions could be government intervention in the form of applying unilateral measures. In the case of Papua, the low durability level of autonomy in this region has an internal dimension in the form of government intervention through Presidential Instruction No. 1/2003 on the formation of West Papua as a new province in addition to Papua.

The implementation of an autonomy law could only be effective when internal self-determination and the protection of indigenous populations is assured, which is preoccupied by a triangular system. The triangular system has three aspects: rule of law, democracy and human rights. In short, a triangular system is a system whereby a state acts according to the rule of law, to guide democracy and to respect human rights.

Randall Peerenboom in his book China's Long March to the Rule of Law, describes the rule of law as meaning that the legislature, government, courts and political parties, and all organizations and individuals are subject to the law and must act within the parameters of the law. Only the rule of law would ensure that major decisions are scientific and democratic and comply with the interests of the people. The rule of law is a promising area to begin political reforms.

Furthermore, because the state organs must act according to the rule of law, citizens have greater opportunities to participate in and challenge government decision; hence, the power will shift from the state to the society (democracy). The rule of law requires good laws that promote human rights and justice. To have an autonomy law is not merely a symbol of good governance, more than that is required, as seen in the preconditions of the triangular system.

This triangular system is believed to be capable of supporting a state to have a high durability. Hereby, autonomy is not easy to break up just because of internal aspects such as structural changes. Indonesia, for sure, should work toward having an effective triangular system if this country wishes to step forward as a strong nation.

The writer is a lecturer at the National University (UNAS) who focuses on indigenous peoples and self-determination in her studies while undergoing her master's degree in human rights in Oslo. The writer can be reached at Punk_s_2@yahoo.com