West Papua

Lord Avebury Excerpts

Wednesday 24th July 2013 Grand Committee

[Lord Avebury]

My Lords, the noble and right reverend Lord, Lord Harries, reminded us of the betrayal by the UN of the people of West Papua after Indonesia invaded and occupied the territory in 1961; it then connived with the so-called Act of Free Choice, when 1,000 handpicked men were coerced into ratifying the annexation. Today, unfortunately, the UN seems just as helpless in dealing with the gross and persistent violations of human rights inflicted on the occupied people, of which a great many examples were given recently to the Human Rights Committee, including a 53-page report from Amnesty International. Another was a report by TAPOL, which campaigns for democracy and human rights in Indonesia, and I declare an interest as its honorary president, having been connected with it and its distinguished founder, Carmel Budiardjo, for the 40 years of its existence.

This detail describes some of the 200 political arrests in the territory in 2012. A number were shot, some of them fatally, while allegedly resisting arrest. Those who continue to speak about self-determination for the territory, as they have every right to do under Article 1 of the International Covenant on Civil and Political Rights, risk prosecution under Article 106 of the criminal code, which prescribes life imprisonment for any attempt to separate a part of the state. I hope that the Prime Minister will invite President SBY to visit the UK in September next year so that he can see how we deal with demands for self-determination in this country.

The Indonesians should recall their own experiences with East Timor, mentioned by the noble Lord, Lord Hannay, which achieved independence, and Aceh, which gained a substantial degree of autonomy, after long and bloody struggles. In both cases, the results were achieved through dialogue, as I remember from having been an adviser at the talks between the Indonesians and the Free Aceh Movement between 2000 and 2002. That process, and the agreement subsequently moderated by former President Martti Ahtisaari of Finland, could form a model for eliminating the causes of human rights violations in West Papua, rather than Indonesia pursuing futile attempts to eradicate the movement for self-determination by military force and draconian laws.

The results of the present policies are illustrated by a report from Human Rights Watch focusing on violence, impunity and the denial of access to foreign journalists and the UN special procedures. The UN special rapporteur on extrajudicial executions requested a visit in 2004 and again in 2008, but has never received a reply. This came up at the Human Rights Council, but in the 208 paragraphs of the Government’s reply to the list of issues raised, there was no reference to the egregious denial of the UN special procedures’ right of access to perform their duties.

Navi Pillay, the UN High Commissioner for Human Rights, issued a statement in May calling on Indonesia to allow visits by journalists and by the UN special procedures. A visit by the UN special rapporteur on freedom of expression, which had been scheduled for January, was postponed indefinitely. The UK was among the states that echoed the demand that they be admitted, and I hope my noble friend can tell your Lordships what further steps can be taken by the UN Human Rights Council, or what else can be done, to deal with the open defiance of the UN’s authority. I recognise that it would be difficult to get agreement on raising the powers of the UN’s human rights mechanism, but does my noble friend agree that if there are no coalitions of the willing ready to impose penalties on recalcitrant states, it is only to be expected that those states will ignore the Human Rights Council, as Indonesia does?

Indonesia’s Government say that there is freedom of the press, that people criticise the Government and that there is no bar even on separatist opinions. On the other hand, Amnesty says that peaceful political activists continue to be arrested and detained. Of the 76 political prisoners recorded by Papuans Behind Bars, no fewer than 42 are charged under Article 106; there are probably more, because in a number of cases the charges are unknown.

The situation in West Papua is almost certainly a lot worse even than we are able to describe, because of the barriers to access, particularly in respect of the UN special procedures. The special representative to the Secretary-General on human rights defenders was there in 2007, which was the last such visit. She found that a climate of fear prevailed,

“especially for defenders engaged with the rights of the Papuan communities to participation in governance, control over natural resources and demilitarization of the province”.

That provides a clue as to why Jakarta is so paranoid. As we heard from the noble Lord, Lord Hannay, West Papua is a land of immense mineral and forestry wealth and the Indonesians do not want outsiders poking their noses into the way that companies such as Freeport, which operates the largest gold and copper mine in the world, are causing permanent environmental damage and riding roughshod over the rights of local people, with the backing of the Government.

The Constitutional Court ruled in May that an Act that allowed the state to claim forest land previously owned under customary law by indigenous people was unlawful. If that has force, there should be equality of arms between the Government-backed multinationals and the indigenous people. I would be grateful if my noble friend would inquire into the effect of this ruling on the dispossession of indigenous people in previous years.

I am sorry that Indonesia is not a country that concerns the FCO, according to its annual report on human rights and democracy; nor is West Papua even mentioned in the section of that report dealing with indigenous rights. I respectfully suggest that human rights abuses in West Papua are serious enough to justify a much higher priority than the Government have accorded them in the past and that the issues raised in this debate demand their urgent attention.