Australian West Papua Association (Sydney)
Statement 24 May 2022
International Week of Solidarity with the Peoples of Non-Self-Governing Territories 25-31 May
According to the UN there are 17 Non-Self-Governing Territories.
In the Pacific region there are 6. French Polynesia and New Caledonia/Kanaky (France).
American Samoa and Guam (US). Pitcairn (UK) and Tokelau (NZ).
Another territory which is not on the list of self-governing territories but should be is West Papua.
59 years ago, West Papua (Netherlands New Guinea) was removed from the list when the territory was handed over to Indonesian administration by the UN in 1963.
59 years later the West Papuan people are still fighting and dying for their right to self-determination.
Joe Collins of AWPA said," it’s tragic that the West Papuan People have been betrayed so many times by the international community. In 1962 by the New York agreement. In 1963 when removed from the list of non-self-governing territories by the UN and again in 1969 with the so-called act of free choice, which was anything but."
59 years after the Indonesian takeover, the situation in the territory continues to deteriorate with ongoing clashes between the Indonesian security forces and the West Papua National Liberation Army. Crackdowns on rallies and arrests of peaceful demonstrators continue and thousands of internal refugees have been created because of security force operations.
The exploitation of the natural resources of the territory continues and there is the proposal to divide West Papua into more provinces against the wishes of the West Papuan people. Not only a case of divide and rule but more provinces mean more military and more exploitation of the natural resources of the territory.
Collins said, "that although we have a new government in Australia, we can’t expect any change in the relationship with Indonesian. Australia will continue to recognise Indonesian sovereignty over West Papua but hopefully the new government will be more likely to raise concerns about the human rights situation in the territory, which would be a good start."
It is also hoped the new government will support the call by Pacific leaders and the new network of EU Parliamentarians in calling on Jakarta to allow the UN High Commissioner for Human Rights to be allowed into West Papua to investigate the human rights situation in the territory.
Ends
West Papua Exposed: An Abandoned Non-Self-Governing or Trust Territory
Abstract
This paper examines the shift in legal status that should have occurred, under the United Nations (‘UN’) Charter, with the transfer of West Papua from the Netherlands to the United Nations in 1962 via the ‘Indonesia and Netherlands Agreement (with annex) concerning West New Guinea (West Irian)’. It advances that this agreement must be a Trusteeship Agreement shifting West Papua’s legal status from a Non-Self-Governing Territory of the Netherlands to a Trust Territory of the United Nations. As such, the United Nations via the Trusteeship Council was, and remains, responsible to ensure the West Papuan people attain self-government or independence as required under Article 76(b) of the Charter. The argument is based upon Chapters XI, XII, and XIII of the UN Charter governing decolonisation and is further supported by admissions contained in now-declassified secret American, Australian, and United Nations documents from the period. A legal path to assist the people of West Papua to attain their rightful independence is also advanced utilising the Rules of Procedure of the Trusteeship Council where any UN Member can add an agenda item, and inhabitants from the Territory or other parties can present petitions, to draw the Council’s attention to a breach of the International Trusteeship System. This will allow the Trusteeship Council to seek an advisory opinion from the International Court of Justice as available under Article 96 of the UN Charter and authorised by General Assembly Resolution 171(III) Part B. This legal opinion should also empower the World community to come to the assistance of the West Papuan people as encouraged under General Assembly Resolution 2621(XXV).
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