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INFO PAPUA : West Papua News

ILWP Letter to Pasific Island Forum
By ilwp
Jul 29, 2010, 03:49

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International Lawyers for West Papua

http://www.ilwp.org

secretariat@ilwp.org
P O Box 101337, Georgetown Guyana TEL: # 592 649 9556

23rd July 2010

Mr Tuiloma Neroni Slade

The Secretary General Pacific Islands Forum Secretariat
Private Mail Bag Suva FIJI
Fax: 001 679 322 0230

Dear Secretary General,

The Leaders Vision for the Pacific Islands Forum states that:

“We seek a Pacific region that is respected for the quality of its governance, the sustainable management of its resources, the full observance of democratic values and for its defence and promotion of human rights.”

In view of these important objectives, the International Lawyers for West Papua would like to draw your attention to the continuing illegal situation in West Papua, the former Netherlands New Guinea.

In 1962, the Netherlands transferred its colonial administration over West Papua to a temporary UN body which in turn transferred this administrative responsibility to Indonesia. As a colonial administrator, Indonesia was under an international law obligation to allow the West Papuans to exercise their right of self-determination and to freely choose their political status. Under the New York Agreement of 1962 Indonesia had a treaty obligation to hold an act of self-determination in accordance with international practice. Indonesia also had to comply with the strict procedural requirements established under customary international law to ensure a valid act of self-determination.

Indonesia has never held a valid act of self-determination. In 1969, Indonesia held what it called an “Act of Free Choice.” In that exercise, 1022 Papuans were forced to declare that West Papua should remain under Indonesian administration.

This egregious violation of the West Papuan right of self-determination does not provide a legal basis for Indonesian sovereignty over West Papua.

Under international law, autonomy is not a legally acceptable alternative to self-determination. The special autonomy proposed by Indonesia is therefore a further violation of the fundamental human rights held by the indigenous West Papuans. It has also been rejected by the indigenous West Papuan peoples.

Given the commitment to human rights expressed by the Pacific Islands Forum Leaders, we respectfully request that you place West Papua on the agenda for the 41st Pacific Islands Forum to be held 3rd to 6th August 2010.

We also respectfully request the Pacific Island Forum Leaders to support the following actions:

- The removal of Indonesian troops from West Papua

- The release of all political prisoners

- The holding of an act of self-determination in accordance with international law and under the auspices of the United Nations.


Thank you for your kind attention.

Yours sincerely

Melinda Janki

Melinda Janki LLB, BCL (Oxon) LLM

Chair

© Copyright by w@tchPAPUA

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