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Open Letter from Forkorus Yaboisembut and Edison Waromi to Secy-General UN Ban Ki-moon, EU’s Catherine Ashton, OCHA, Bill Clinton, Interpol, Tony Blair, Fidel Ramos, Janet Napollitano, and James Clapper

March 20, 2012

Tuesday, 20 March 2012

Open Letter

FROM: Forkorus Yaboisembut and Edison Waromi, in their
own name and on behalf of the West Papuan people.

TO:

the Secretary-General United Nations Mr. Ban Ki-moon,

the EU high representative for foreign affairs Catherine Ashton,

former US president Bill Clinton,

the UN under-secretary general and emergency relief coordinator at UN
OCHA Valerie Amos,

the US director of national intelligence James Clapper,

the Interpol president Khoo Boon Hui,

the US homeland security secretary Janet Napollitano,

former Filipno president Fidell Valdez Ramos, and

former prime minister Tony Blair.

Dear Madam,

Dear Sirs,

It is with great expectation that we learn that a most distinguished
delegation where under your selves will visit Jakarta from March 19
until March 21 at the occasion of the next coming Jakarta
International Defense Dialog.

The undersigned Forkorus Yaboisembut and Edison Waromi take the
opportunity of this next coming visit to address in their personal
name as well as on behalf of the West Papuan people the present Open
Letter to the World leaders.

Both undersigned are presently under illegal detention in Jayapura in
West Papua for no other reasons than making continuous efforts for
human rights, democracy and self-determination for West Papua. They
are individually victims of violations of Human Rights, such as the
people of West Papua are collectively victims of violations of Human
Rights.

The undersigned both being in jail, they address by this Open Letter a
cry for obtaining the so-needed special attention of the world
leaders, especially since instructions were given by the Indonesian
authorities (on the date of 9 February, 2012, at 10am, in the Ashton
Hotel Papua in Jayapura, in the presence of Indonesian Army chiefs,
Police chiefs, the Governor of Papua, Policy Information Services,
BIN, BAIS, BMP and others), in order not to refrain from violating
Human Rights in the framework of the ongoing process for treason
against both undersigned. Also, the message was given by officials to
the judges present at that meeting of 9 February, 2012, to give no
room for any defense to the defendants and lawyers of the undersigned
for the defense of their case.

Being without any normal legal defense as should be allowed, this Open
Letter goes beyond the only matter of Human Rights and
self-determination for the West-Papuan people.

It is the very hope of the West Papuan people and the undersigned that
the honorable delegation at the Jakarta International Defense Dialog
will not turn around and no longer ignore the major problems West
Papua is facing due to the absence since decennia of a fair and
democratic approach of handling Human Rights and rights to
self-determination towards West Papua, as well as a fair repartition
of wealth towards West Papua (see infra).

It must unfortunately be said that the successive Indonesian regimes
and their successive Governments have never been politically prepared
to give fair chances for introducing human rights, democracy and
self-determination to West Papua.

The Indonesian regimes and their successive Governments have totally
neglected and continue to neglect the under the rules of international
public law most respectable and fundamental aspirations of the West
Papuan people to their basic rights which are fully consistent with
the Universal Declaration of Human Rights and other applicable
instruments in the field of Human Rights law.

The political motivations of the undersigned are only those directly
related to basic Human Rights and those protected by the International
Covenant on Civil and Political Rights, adopted by the United Nations
General Assembly held in New York on 16 December 1966 which became
into force on 23 March 1976, and to which the Republic of Indonesia
acceded on 23 February 2006.

The undersigned act in good faith in accordance with the principles of
Human Rights, and nothing in the present Open Letter stands contrary
to the provisions of the United Nations Charter.

Hereunder follows a non-exhaustive list of several aspects of
violations of Human Rights occurred, ongoing and/or with a high risk
of re-occurring:

1. the denial of the right of self-determination,

2. the rights of indigenous people,

3. the rights of minorities,

4. arbitrary detention,

5. enforced and involuntary disappearances,

6. extrajudicial summary or arbitrary executions,

7. torture and other crual or inhuman or degrading treatment or punishment,

8. the right to food,

9. the freedom of peaceful assembly,

10. the freedom of opinion and expression,

11. the right of access to the territory for journalists,

12. the right to environmentally sound management and disposal of
hazardous substances and waste,

13. the right to safe drinking water,

14. violence against women

For the sake of good order and comprehension follows here a
recapitulation of the history and situation of generalized violations
of Human Rights by Indonesia towards West Papua, and the denial of
self-determination for West Papua by Indonesia.

1. In 1969 the Indonesian government, after having received from the
United Nations the provisional administration over West Papua,
organizes the so-called “Act of Choice”;

2. The “Act of Choice” took place under conditions totally the
opposite of the right to self-determination;

3. The conditions under which the “Act of Choice” took place were
totally the opposite of those decided by the UN for letting the people
of West Papua freely express themselves on their future political
regime;

4. During the years after the “Act of Choice” and up to now the West
Papuan population has on a continued basis reminded that the “Act of
Choice” has taken place under falsified and non-democratic conditions;

5. The procedure for determining the future of West Papua therefore
never took place under conditions which may make expire the basic
civil and political rights of the West Papuan indigenous people;

6. The West Papuan indigenous people still have their rights to decide
on the way they choose for self-determination;

7. The United Nations General Assembly has in 1969 acted the result of
the” Act of Free Choice” and has given execution to that result;

8. This meant that West Papua became annexed to the Republic of
Indonesia as an integral part of Indonesia;

9. West Papua therefore was forced to stay in a colonial system;

10. Only the Rule was substituted;

11. What happened to be the Dutch Rule was substituted or exchanged
into an Indonesian Rule;

12. The legal result in terms of International Public Law is that West
Papua never lost its rights to step out of the colonial system;

13. The West Papuan people under the present system being annexed and
fully integrated in the Republic of Indonesia still has its full
rights for self-determination, as well as its civil and political
rights;

14. Those rights for self-determination follow the particularities of
the West Papuan people;

15. It is not contested that the West Papuan people is distinguished
from Indonesia;

16. The West Papuan region is by geography totally separated from Indonesia;

17. The ethnic origins of the West Papuan people are Melanesian, and
not Indonesian;

18. The language spoken is also from origins totally different from
the official Indonesian language;

19. On the religious side, 80 % of the West Papuan people are
Christian, the same percentage is trough for the Islamic people of the
total of Indonesia;

20. The fundamental differences with Indonesia were already recognized
by the former Dutch colonizer;

21. The former Dutch colonizer therefore organized its administration
over West Papua totally separated from its administration over
Indonesia;

22. Indonesia obtained independence in 1949;

23. This independence took place without any link to a possible
annexation of West Papua to Indonesia;

24. This independence also happened without any demand or claim from
Indonesia for an annexation of West Papua;

25. At the moment of the preparation of Indonesia’s independence there
was also no demand neither a suggestion from The Netherlands to annex
West Papua to Indonesia at the occasion of the independence of
Indonesia;

26. West Papua then stayed without any change under the Dutch Rule;

27. West Papua came only in 1963 under certain and by the United
Nations well defined conditions temporarily under the administration
of Indonesia;

28. No decision by the United Nations General Assembly can take away
from any people its basic rights for self-determination, as well as
its civil and political rights;

29. The people of West Papua therefore never have lost their rights
for self-determination, civil and political rights, neither to free
themselves from colonialism;

30. The fault for that infringement to non-contested rights and
principles of Human Rights is the non-contestable falsification by the
Republic of Indonesia of the conditions imposed for a fair and
democratic organization of the ”Act of Free Choice”;

31. The Republic of Indonesia is fully responsible for the situation
whereby West Papua has never had the occasion to make use under fair
circumstances, and following a democratic way, of its fundamental
rights for leaving the colonial system;

32. The fact that the United Nations General Assembly in 1969 has not
refused the results of the “Act of Free Choice” as presented to the
General Assembly can in no way do expire the basic Human Rights of the
people of West Papua;

33. The fact that the United Nations General Assembly of 1969 has
given the administration of West Papua to Indonesia, West Papua
becoming by this an integral part of Indonesia does in no way do
expire West Papua’s rights to self-determination and come out from a
colonial system;

34. The West Papuan people did never lose and can never lose their
internal rights for self-determination;

35. The internal right to self-determination is a non-contested right
of International Public Law;

36. West Papua moreover also fulfills the conditions for external
rights to independence following the United Nations Resolution 2625 of
1970.

37. Protection to territorial integrity of a State then indeed became
conditioned by the state’s behavior in conformity with the principle
of equal rights and self-determination, and governance by a Government
representing the whole of the State’s population without
discrimination on grounds such as race, religion or color.

38. Indonesia has at the occasion of its accession to the so-called
BUPO Covenant (see below) made most clear that it indeed fails to
respect the conditions imposed for making use or benefitting of the
protection of territorial integrity;

39. In no way one may ascertain or accept that the West Papuan people
has been in the situation to participate actively and effectively to
its self-determination, as well as to the decision making on the way
it would be administered;

40. The opposite has happened;

41. The by Indonesia in 2001installed Autonomy Act can under
International Public Law never be a substitute to the basic Human
Right of self-determination, neither a substitute to basic Civil and
Political rights;

42. The Autonomy Act moreover was used by the Indonesian Government as
an instrument for further administering the West Papuan people in a
way that is not corresponding to comply with effective Human Rights;

43. This became very soon clear and the Autonomy Act was refused by
the West Papuan Congress after 4 years of giving it a fair chance;

44. It cannot be denied that infringements against Human Rights
occurred in various domains;

45. These domains are mentioned here above;

46. Infringements against Human Rights are still ongoing or present a
high risk of re-occurring;

47. Moreover, Indonesia has effectively shown that its administering
of the West Papuan people and way of internal and international law
making process is one of window dressing and lacks any legal ground;

48. Indonesia has acceded to the so-called BUPO Covenant on 23 February 2006;

49. Indonesia has however at the occasion of its accession to the BUPO
Covenant excluded article one of the effects of its accession;

50. Article one of the BUPO Covenant read as follows:

50.1. 1. All peoples have the right of self-determination. By virtue
of that right they freely determine their political status and freely
pursue their economic, social and cultural development.

50.2. 2. All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any obligations
arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a
people be deprived of its own means of subsistence.

50.3. 3. The States Parties to the present Covenant, including those
having responsibility for the administration of Non-Self-Governing and
Trust Territories, shall promote the realization of the right of
self-determination, and shall respect that right, in conformity with
the provisions of the Charter of the United Nations.

51. Indonesia has however made the following Declaration at the
occasion of its accession to the BUPO Covenant :"With reference to
Article 1 of the International Covenant on Civil and Political Rights,
the Government of the Republic of Indonesia declares that, consistent
with the Declaration on the Granting of Independence to Colonial
Countries and Peoples, and the Declaration on Principles of
International Law concerning Friendly Relations and Cooperation Among
States, and the relevant paragraph of the Vienna Declaration and
Program of Action of 1993, the words "the right of self-determination"
appearing in this article do not apply to a section of people within a
sovereign independent state and cannot be construed as authorizing or
encouraging any action which would dismember or impair, totally or in
part, the territorial integrity or political unity of sovereign and
independent states."

52. Indonesia has by acting in this way put itself aside and above
basic Human Rights;

53. Indonesia has by such exclusion clearly showed its way of
administering the West Papuan people, i.e. by excluding them from
basic Human Rights;

54. One must even recognize that Indonesia’s Declaration excluding the
full application of article one of the BUPO Covenant is without any
legal effect since such Declaration totally brings to zero a most
substantial part of the covenant;

55. Also, the wording used by Indonesia in its Declaration at the
occasion of its accession to the BUPO Covenant would imply all of the
states having ratified or accessed to the BUPO Covenant (see last word
“states”), what of course makes null the total of its Declaration, and
therefore leaves without any legal incidence or impact its
Declaration.

56. The conclusion of the foregoing is that Indonesia, even while
accessing to international treaties relating to Human Rights, takes
the occasion to exclude the West Papuan people from basic Human Rights
such as the right to self-determination, as well as Civil and
Political rights;

57. This state comportment of Indonesia is an infringement of basic
articles of the United Nations Charter, and for membership-conditions
of the United Nations Organization.

The undersigned apply for all appropriate further actions by the world
leaders at the occasion of the from March 19 until March 21 Jakarta
International Defense Dialog, and their recognition that the West
Papuan situation must be resolved in accordance with all the West
Papuan rights to self-determination as well as Human Rights, without
any exception whatsoever.

The undersigned confirm their wish to re-establish normal speaking
terms with Indonesia, and make workable a new modus vivendi for the
future and welfare of West Papua and its people, as well as all of the
stakeholders of its economic actors.

In this framework the undersigned aim to be directly involved in the
announced renegotiations of mine-, gas-, and oil contracts recently
cited as political priority by the competent Minister of Energy, his
Excellency Jero Wacik.

For the whole of this subject of renegotiations of mine-, gas-, and
oil contracts, the undersigned aim for starting urgently a neutral
audit by a reputed international audit firm they will choice for an
examination in depth of the application that was given regarding the
70 to 80% repartition of wealth as part of the Autonomy Act since
2001.

The undersigned do hope that indeed their action may lead to a better
re-distribution of wealth, and more prosperity to all stakeholders, at
all levels, in total conformity with international private and public
law.

In that sense the undersigned have asked to the ILO in Geneva for
assisting them in order to establish well regulated labor
organizations under UN norms.

Also, the undersigned are delighted to learn about a revival of
economic interest in the region, and the visit of entrepreneurs of the
private sector. The undersigned aim to be associated and to actively
take part to the discussions in that matter.

The undersigned do hope that in agreement with the World leaders, the
Presidency, Vice-Presidency, and the entire Government of Indonesia,
one may enter into most prosperous relations between parties for all
of the issues mentioned above.

Sincerely yours,

Forkorus Yaboisembut
and Edison Waromi.

18 March, 2012

-end-

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