West Papua and its indigenous people

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