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Warinussy proposal regarding solving the West Papuan problem

July 15, 2013

Statement by Yan Christian Warinussy, Executive-Director of LP3BH

I would like to propose an alternative solution to the problem of Papua.

Besides the need for dialogue, which is being vigorously promoted by the Papuan people for a solution to their problem with the help of the Papuan Peace Network, the LP3BH -Manokwari wishes to offer a different approach, which would be via legal means.

In addition to this being a peaceful solution, it would also be within the constitutional framework, that is to say, based on the Constitution of the Republic of Indonesia.

The legal procedure would mean looking at every single law that is discriminatory towards the indigenous Papuan people, as well as every regulation which is discriminatory in the sense of eliminating or marginalising the Papuan people from their basic human rights or which violates the basic rights that should be available to the Papuan people for their protection and for obtaining work for their livelihood.

In addition, the Papuan people should be able to challenge any legal instrument or law that violates their rights as citizens of the Republic of Indonesia, for their legal protection both in Indonesia and universally.

One thing that we think is very logical is for the Papuan people to think about using legal means to challenge the exploitation of their natural resources which are now being exploited by foreign companies such as Freeport in Tembagapura and British Petroleum in Bintuni Bay.

One move that is being considered by the LP3BH together with other civil society organisations is to take action through the Working Forum of NGOs throughout the territory of West Papua to call for a Judicial Review by the Constitutional Court of the article in the Indonesian Constitution relating to treason (makar).

The LP3BH considers that taking action through legal procedures would also mean raising the issue of the right to self-determination and taking action against the countries which were involved in the events between 1961 and 1963 – The Netherlands, the United States and the Republic of Indonesia, the violation of which is taking extremely seriously by the United Nations.

Translated by TAPOL

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