Two legal documents: West Papua: real-politik v international law; Papua and the right to self-determination under international law

Published in:

George Lambert ICJ, Yumi Wantaim Seminar, Melbourne, 15-16 September 2001.

Two papers by ICJ lawyers that analyse and dissect the New York Agreement (1962-1969), one by George Ernest Lambert written in 2000, the other by Melinda Janki published in 2010.

George Lambert was a judge with the Australian Family Law Court judge between 1977 and 1990, and passionately concerned about the West Papuans’ and East Timorese’ right to self-determination, and Indonesia’s abuse of international law in taking over both nations.  Melinda Janki is the Co-founder of International Lawyers for West Papua, which was launched in the British Parliament in October 2008, with branches opening in the European Parliament and Port Moresby in 2009, the Scottish Parliament in 2010, the Australian Parliament in 2012, the Guyanese Parliament in 2012, and Vanuatu Parliament in 2013.

WEST PAPUA: Real-Politik v International Law, GE Lambert ICJ, 2000 This 84-page paper includes a separate summary and endnotes, and the author’s presentation at a seminar in September 2001 organised by the Australia West Papua Association. The paper sets out the facts and the principles of International Law relating to the process of decolonisation of the former territory of Netherlands New Guinea during the period between May 1960 and 1969, which culminated in a resolution (passed by a vote of 84 to nil with 30 States abstaining) that formally “noted” but didn’t formally reject the result of the Act of Free Choice that took place betwee July and August 1969. The Act of Free Choice was stage managed and shrouded in a web of intrigue, bribery, duress by threat, and coercion by propaganda and fraudulent promises in which a mere 1025 carefully selected, indoctrinated and controlled members of its indigenous population of almost 800,000, under the close scrutiny of armed Indonesian security personnel agreed unanimously to commit their peoples to integration of their homeland with the State of Indonesia.

The paper asserts that by supporting that resolution, eighty-four UN Member States with full knowledge of the relevant facts, and without consulting their own peoples, breached their obligations under international law with full knowledge of the determination of the State of Indonesia to annex the territory of West Papua by force of arms if it could not be achieved by other means, indefinitely depriving the peoples of West Papua of their right to their entitlement as beneficiaries of the “Sacred Trust” created by Chapter 11 of the UN Charter and reinforced by General Assembly Resolutions 1514 (XV) 1960 and 1541 (XV) 1960; condemning them to domination and exploitation by a totalitarian neo-colonising regime.

The purpose of the paper is to expose to the peoples of the world, whose Charter it is, and who were not consulted by their Governments involved in that decision, the Real-Politik involved in the subversion of the Purposes and Principles of the United Nations Charter and, in particular, its provisions relating to Self-Determination for peoples of non-self-governing territories, and its prohibition against the use by states of armed force against other States or Territories and, notably, UN GA Res. 1541 (XV), 1960, designed to ensure that the indigenous inhabitants of West Papua, as citizens of a non-self-governing territory, were enabled to exercise a valid choice in accord with their freely expressed will to achieve complete independence and freedom, or free association with an independent state or integration with an independent state.

Resolution 1541 (XV) expressly declares: “integration should be the result of the freely expressed wishes of the territories peoples, acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage. The United Nations could, where it deems necessary, supervise these processes.” Ethnically and culturally, the vast majority of the peoples of the colony of Netherlands New Guinea, being of Melanesian, Micronesian and Polynesian origin and with Christianity the major religion cultivated since the Dutch East India Company gained control of most of the territory in 1600, have little in common with the vast majority of their Indonesian neighbours.

Click to read/download  Lambert, George, 2000. West Papua v International Law
Click to read/download  Lambert GE 2000, Endnotes
Click to read/download Lambert, 2000, Summary
Click to read/download Lambert, Wainggai

Melinda Janki ICJ, European Parliament, Brussels, 26 January 2001

West Papua and the Right to Self-Determination under International Law, Melinda Jenki ICJ, 2010. In 1969 West Papua, a former Dutch colony, was classified as an Indonesian province following an act of self-determination carried out under Indonesian administration. This paper examines the act of self-determination and concludes that it was a violation of the right of self-determination held by the West Papuan peoples under international law. The paper examines Indonesia’s territorial claims and argues that these claims do not justify Indonesian sovereignty over West Papua. The paper concludes that Indonesia’s presence in West Papua is illegal and that this illegality is the basis for continuing conflict in West Papua. The paper ends by suggesting that there should be a proper act of self-determination in accordance with international law, to settle finally the international status of West Papua.  The paper was first published in the West Indian Law Journal, Vol. 23, No. 1, May 2010.

Click to read/download  Melinda Janki, West_Papua_and_the_right_to_self-determination_under_international law

Click to read/download Melinda Jenki’s short legal article with historical photos
https://www.ulmwp.org/west-papua-and-the-right-to-self-determination-under-international-law-melinda-janki

Youtube record of Melinda Janki’s presentation of West Papua’s case to the European Parliament in Brussels on 26 January 2010  https://www.youtube.com/watch?v=vqKr4bSPP7I

Melinda Janki, at the launch of the International  Parliamentarians for West Papua in Guyana, South America, on 2 December 2012.  With Benny Wenda (Chairman, United Liberation Movement for West Papua) and Donald Ramotar (President of Guyana).

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