London, New York, 11 April 2019
TAPOL and
the East
Timor and Indonesia Action Network (ETAN)
are calling attention
to
an application
for judicial review
of the “Act of Free
Choice” by the Indonesian
Constitutional Court.
Recently filed by
human rights lawyers
on behalf of West
Papua customary
leaders and churches,
the submission states
that the highly
contested self-determination
“referendum” held
in 1969 must be
deemed contrary
to the rights granted
under Indonesian
constitution, including
the rights to freedom
of thought and conscience,
right to life, right
to feel safe, and
the right not to
be tortured.
The “Act of Free
Choice” took place
between July 14
and August 2, 1969.
It was implemented
following the guidelines
of the New York
Agreement (Agreement
Between the Republic
of Indonesia and
the Kingdom of the
Netherlands Concerning
West New Guinea
(West Irian [West
Papua])of
August 16, 1962.
The New York Agreement
set the terms of
the self-determination
process. The UN
was to assist Indonesia
in overseeing an
exercise of free
choice by the people
of West Papua on
their political
status, choosing
between independence
or remaining under
Indonesian control.
There was to be
full participation
by all adults in
accordance with
best international
practice. However,
there was no meaningful
support from the
United Nations to
guarantee a freely-held
vote. Instead, Indonesia
took control of
the process and
backed by threats
from its military,
hand-picked 1022
Papuans and
forced them to vote
for annexation by
Indonesia. It is
why West Papuans
refer to the referendum
as “Act of No Choice”.
The referendum was
by no means a legitimate
exercise of self-determination.
This strategic litigation reminds the international community about the root cause of the long-running conflict in West Papua. The right to self-determination is an erga omnes norm which means that every State has the obligation to ensure that everyone’s right to self-determination is fulfilled.
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This 50 years of injustice has cost the loss of hundreds of thousands of indigenous West Papuan lives. West Papuans today still suffer persecution for expressing their rights to self-determination. We encourage the Indonesian government to accept the submission and to acknowledge that the vote staged in 1969 was contrary to rights granted under the Indonesian Constitution.
TAPOL and ETAN believe that the right to self-determination is fundamental and that the people of West Papua have not had the freedom to exercise that right.
TAPOL and ETAN each work to promote human rights, justice and democracy in Indonesia and Timor-Leste. We join West Papuans in calling for an internationally-supervised referendum conducted according to international standards.
