West Papua

My Lords, together with my noble friend Lord Griffiths, I congratulate my noble friend Lord Harries on again drawing attention to a subject that for too long has represented a dereliction of responsibility by the international community. Any unlawful usurpation should evoke condemnation if international law is not to be brought into disrepute, but here there has been persecution, murder, evictions and burning of the villages of innocent human beings, while the world has looked on. Surely that will reflect opprobrium on our generation from those who come after us. We could debate at length the precise criteria for the right of a people to self-determination. Those debates go back to the League of Nations, but today we are spared legal hair splitting. Here, there is a population of 800,000 people, racially differentiated from the population of Indonesia, with its own history, culture, and inhabiting a clearly defined territory, yet ruled by an alien administration which by a persistent policy of repression and terror has made itself hated and feared. We have every criterion for the right to self-determination. The principle is declared in Article 1.2 of the United Nations charter and further enshrined in the two human rights covenants of 1966. There is clear consensus that two principles follow. First, the right includes the right of a people to decide how to exercise its choice. It is for the people to decide who their delegates are to be and what the decision-making process is to be. They are entitled to do that free from any pressures, internal or external, after such free discussions as their choice may require. Secondly, the right is continuing and not exhausted once it has been exercised, validly or otherwise. A right to choose entails a right to make continuing choices as circumstances change or simply if there is a change of mind. A third principle, while we are passing, is that the right includes a right to enjoy the natural resources of the area and to decide how they are to be developed and exploited. Article 1.2 of the international economic covenant reads: "““All peoples may, for their own end, freely dispose of their natural wealth and resources””," subject, of course, to existing obligations. The situation has a shamefully long drawn-out history of which the international community has no reason to be proud. In 1949, the Netherlands Government conceded independence to Indonesia, but vast areas had been included in the territory purely for the purposes of administration and not by any stretch of the imagination because they werea natural part of Indonesia. The Indonesian Government said that the newly acquired statehood should extend throughout that territory. The Netherlands Government said that the peoples of West Irian were entitled to decide whether they should be included in the new state or whether they should have some other status. Up to that point, the Papuan people had notbeen invited to participate in the discussions. The Netherlands said that the issue should be decided by the United Nations. Indonesia said that it was an internal matter, not the concern of the international community, and that it should be resolved by negotiations between Indonesia and the Netherlands, which clearly would never eventuate in an agreement. Nevertheless, the General Assembly discussed the question in 1954 and again in 1961 but was unable to agree on a resolution. It is worth pointing out that in those debates West Papua had no representation—it had no seat in the General Assembly. On 31 December 1961, West Papua achieved avery short-lived independence. The Indonesian Government terminated it unilaterally by military force. In 1962, Indonesia and the Netherlands reached the New York agreement, which was designed to resolve the issue. The Netherlands would transfer administration of West Papua to a United Nations Temporary Executive Authority established by and answerable to the Secretary-General. It was said that arrangements would be put in place for the people of West Irian to choose in accordance with international practice and with the participation of all adults, male and female. That agreement was approved by the General Assembly, so it was accepted by all concerned that the population of West Papua was a separate and identifiable people entitled to self-determination. I hope that, in replying, my noble friend will clarify whether the Government accept that conclusion or, if not, why not. The outcome of such a choice was predictable. We now know that John Kennedy’s ambassador reported 85 to 90 per cent of the population as being in sympathy with the Free Papua Movement. That outcome would have left Indonesia, as my noble friend Lord Griffiths said, blaming the West. The United States was concerned that if Indonesia turned to the communist bloc there would be an outpost of communism in east Asia. The Temporary Executive Authority proved to be very temporary. It was persuaded by the United States to acquiesce in the assumption of control by the Indonesian Government. That was fatal to any hope of a fair entitlement. It led to the infamous Act of Free Choice about which both noble Lords have already spoken, and I will not repeat that. It has been condemned by international lawyers and by other authorities again and again. There the situation rests. The Indonesian Government introduced the special autonomy law in 2001, as my noble friend Lord Griffiths pointed out, but there has been no autonomy, and the atrocities go on. As all too often, the persecution, the murders and the incarcerations will continue for as long as the protest continues, and that will continue as long as the situation remains as it is. Any form of international action can take place only if it is initiated by a national Government. The United Kingdom Government still carry respect and influence in these matters. The question is whether they retain their dedication to an ethical foreign policy. I am sure that I know the answer that my noble friend would like to give; many of us are looking forward to hearing the answer that she is authorised to give.