2) Supreme Court decision threatens Awyu Tribe’s customary forest
West Papua (or West Melanesia) is a subregion of Oceania in the Pacific Ocean. The region is home to some 12 million people with a rich cultural diversity, natural resources, shared cultural traits, languages and a vital connection to the land and sea. The region has faced prolonged human rights violations and limitations in their continued strive for self-determination.
More recently, the West Papua Human Rights Centre (WPHRC) proposed the Washington Solution wherein it urges and calls on the international community to recognise West Papua’s right to self-determination and to stand by West Papuans against the decades of conflict and marginalisation they have faced.
West Papua was subjected to European Colonialism, including Dutch colonisation in the 19th century, thus forming part of the Dutch East Indies. When Indonesia gained its independence from the Dutch in 1950, the Dutch administration decided to retain its authority over West Papua. Indonesia later argued that West Papua should form part of the newly independent state and eventually by 1962, the New York Agreement was signed, without West Papua’s participation. Under this Agreement, the Netherlands was to transfer its administration of West Papua to Indonesia under a vote of West Papuans. The vote which took place involved 1025 indigenous West Papuans who were unwillingly coached into voting in favour of the transfer.
As a result, the Rome Agreement was entered into in the same year, witnessed by the United States. This Agreement envisaged Indonesia’s administration over West Papua for the next 25 years in order to prepare the nation for its own self-determination. However, at the close of this 25 year period, when leaders of West Papua declared the “Independent State of West Melanesia” on December 14, 1988, the Indonesian government responded by arresting and imprisoning the West Papuan leader and associated supporters.
Under Indonesia’s ongoing administration of West Melanesia, West Papuans continue to face systemic oppression and human rights violations. A 2024 report on the human rights situation in the region prepared by the WPHRC highlights the escalation of military presence and violence in West Melanesia which has increased the human rights abuses. This includes, inter alia, raids on local villages, displacing many indigenous West Papuans; excessive use of force; torture; extrajudicial killings; and the arbitrary arrests and detentions of West Papuan activists, journalists and civilians. The limitation of freedom of expression is often justified by the Indonesian government under Anti-Terrorist laws. The displacement resulting from military control, environmental destruction and land grabs has further limited access of local communities to basic necessities such as food, clean water, healthcare and education.
As a result of the severe restrictions and limitations of the human rights of West Papuans, the right to self-determination is emphasised as critical for allowing the community to preserve its cultural identity, maintain control over their natural resources, and determine their political status. One of the options proposed by the WPHRC to resolve these issues is the Washington Solution of 2023, which it regards as an important step towards engaging in meaningful dialogue with Indonesia through a third party mediator. This Solution highlights the impact and role that third countries can have in bringing negotiations between Indonesia and West Papua together to find a solution to the decades-long conflict as well as redressing the historical exclusion and suppression of West Papuans.
The WPHRC similarly urges greater and continued support from the international community, including the international recognition of West Melanesia’s right to self-determination. To assist with greater recognition and awareness, the WPHRC highlights the need for the United Nations and other international institutions and organisations to condemn these human rights violations and hold the Indonesian government accountable; facilitate and support peaceful and democratic processes; support international monitoring and reporting of the human rights situation; and provide humanitarian assistance to those affected in West Papua. The WPHRC similarly proposes a renewed referendum with respect to the Indonesian administration, one facilitated by a neutral third party, to ensure that the system of governance justly reflects the wishes of all West Papuans.
The right of all peoples to self-determination is a core pillar at the UNPO and recognising West Papua’s right to self-determination is crucial for allowing them to preserve their cultural identity, maintain control over their natural resources, and determine their political status. The UNPO thus supports the WPHRC proposal for a renewed referendum and increased support from the international community for the peoples of West Papua.
The UNPO remains committed to supporting the indigenous peoples of West Papua and amplifying their voices as they strive for self-determination and the opportunity to freely determine their political status and control over resources, contributing to lasting peace and stability in the region.
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https://humanrightsmonitor.org/news/supreme-court-decision-threatens-awyu-tribes-customary-forest/
Human Rights Monitor
2) Supreme Court decision threatens Awyu Tribe’s customary forest
On 1 November 2024, the Supreme Court of Indonesia rejected the cassation appeal filed by Mr Hendrikus Franky Woro, an environmental advocate and member of the indigenous Awyu tribe, regarding the environmental feasibility permit granted to PT Indo Asiana Lestari (IAL). The permit covers over 36,000 hectares of pristine rainforest in the Boven Digoel Regency, Papua Selatan Province, overlapping the ancestral lands of the Awyu tribe. Despite 17 months of legal battles, backed by the Coalition to Save Papua’s Indigenous Forests, the court upheld the permit, leaving the Awyu’s customary forests at risk of destruction for palm oil expansion. This decision marks a significant setback for indigenous and environmental defenders in Indonesia.
The Supreme Court’s decision was not unanimous, with one judge, Mr Yodi Martono Wahyunadi, dissenting. Judge Wahyunadi challenged the dismissal of earlier appeals based on procedural deadlines, arguing that substantive justice should override formalities. He contended that the environmental permit violated principles of environmental protection, neglecting the Awyu tribe’s rights and the ecological significance of their land. However, his dissent was overruled by the majority, who focused on procedural aspects rather than the substantive environmental and indigenous rights concerns raised.
This ruling has profound implications for West Papua’s indigenous peoples, intensifying fears of forest loss and cultural erosion. Environmental advocates and the Awyu tribe criticized the lack of government and judicial support for indigenous rights, calling it a betrayal of commitments to biodiversity and human rights. Despite the setback, the Awyu and allied organisations remain determined to resist further incursions into their lands, emphasizing the global significance of West Papua’s forests in biodiversity conservation and climate change mitigation. The struggle highlights the ongoing tensions between development interests and indigenous sovereignty in Indonesia.
According to Indonesian NGO Pusaka, the total license area in Tanah Papua reached 1.57 million hectares as of 2024. Fifty-eight palm oil corporations manage these licenses. In addition, the forestry industry also controls extensive forest areas in West Papua.
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