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The Forum > Article Comments > Australia cannot ignore rights abuses in West Papua > Comments

Australia cannot ignore rights abuses in West Papua : Comments

By Rachael Bongiorno, published 12/3/2013

West Papauns are seeking an end to the human rights abuses, an end to Indonesia's illegal occupation and an opening up of the province to foreign scrutiny.

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Proud to be Indonesian
said: "West Papua is an integral part of Indonesia, as acknowledged by UN"

Oh good you again, now tell us where the UN has said West Papua is part of Indonesia. Because it did not say it in 1969, nor did it say it in this historical summary http://archives.un.org/ARMS/sites/ARMS/uploads/files/Finding%20Aids/Missions/ag-059%20UNTEA.pdf

Indonesia has only been an administrator of the UN trust territory.
Posted by Daeron, Tuesday, 12 March 2013 6:49:09 PM
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Daeron, so then how is Indonesia going in administering this "trust territory"? Funny how the UN never seems to be able to answer the awkward questions, despite the billions it receives mostly from countries it despises.
Posted by Jon R, Tuesday, 12 March 2013 7:04:29 PM
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Jardine K. Jardine, Tuesday, 12 March 2013 8:12:54 AM

>>This raises the interesting question what constitutes, or could constitute legal occupation of a territory by a State, and the underlying question what underlies State sovereignty.>>

Here is the correct answer:

>>A state has sovereignty over territory so long as it has the means and will to defend the territory against those who want to take it away.>>

Full stop.

Since nobody believes they can take Tibet away from China it remains Chinese sovereign territory. China's sovereignty is unchallenged.

Sometimes a cause becomes fashionable – eg the "Palestinians" – and external pressure may be brought to bear on a state. In that case sovereignty becomes challengable.

The cause of the West Papuans is not fashionable so they cannot rely on help from that source. For now Indonesian sovereignty over West Papua does not face serious challenges. Australia is not a serious challenger even were it minded to try.

Another cause that is not fashionable is that of the Darfuris in Sudan.

To make your cause fashionable it helps if you can construct a narrative that puts the blame on the never-to-be-sufficiently damned Americans or Israelis or, preferably, both.

What is "legal" or "illegal"?

It's what the mighty and powerful say it is.

What is "international law"?

It exists to provide a legal fig leaf for the victors to have their way with the vanquished if they can get their hands on them.

C'est la guerre
Posted by stevenlmeyer, Tuesday, 12 March 2013 9:46:19 PM
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@Daeron: Funny comment, if you read in Wikipedia, the UN trusteeship already cease to exist in 1994 (Palau was the last UN trustee area to gain independence). West Papua was never a UN trust territory, there was only a short UNTEA administration period (August 1962 - May 1963) before integration into Indonesia on May 1963. Currently, it is not in UN list of non-self governing territories (http://en.wikipedia.org/wiki/United_Nations_list_of_Non-Self-Governing_Territories). As I said, Indonesia has unchallenged sovereignity over West Papua, and all 240 million Indonesians intend to defend this sovereign right to the last breath.
Posted by Proud to be Indonesian, Wednesday, 13 March 2013 12:57:18 AM
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Dear "Proud to be Indonesian",
That is a sad attempt at deflection.
Wikipedia is not not a legal authority, nor are the web-pages at un.org which are all covered by disclaimers in their copyright & "terms of use" notices that they are not authoritative and readers use them at their own risk.
Nor does your claim "all 240 million Indonesians intend to defend this sovereign right to the last breath" have any bearing on the legal facts that West Papua became a trust territory in 1962 and until the UN recognises an act of self-determination and then recognises West Papua as a member of the United Nations, it will remain a trust territory.

The current French president of the Trusteeship Council possibly needs to be given a copy of the agreement and the General Assembly approval, resolution 1752 (XVII), and then he will have to call a meeting of the UN Trusteeship Council.
The Security Council members while wearing their hats as the Trusteeship Council will no doubt want to save mitigate Indonesia having a temper tantrum, and will therefore use General Assembly resolution 172(II) to ask the International Court of Justice (ICJ) to provide its advice.
It is the ICJ and not Wikipedia or any officer worker writting a web page which gets to determine the legal issues of sovereignty and trusteeship.
:)
Posted by Daeron, Wednesday, 13 March 2013 5:06:17 AM
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Proud to be Indonesian:

See:

IN RELIGION’S NAME

http://www.hrw.org/sites/default/files/reports/indonesia0213_ForUpload_0.pdf

Abuses against Religious Minorities in Indonesia

>>We get nervous every time we go to the mosque, especially those with children. We’re afraid to bring them. We also have Sunday school which now is done [in private homes]. We are very afraid. The women often don’t come to pray if we see people in white robes [worn by several militantIslamist groups in West Java>>.

−Titik Sartika, the head of an Ahmadiyah women’s group in Bekasi, West Java, on intimidation that her community faces from Islamist militants,November 2011.

Ahmad Masihuddin, a 25-year-old Ahmadiyah student, recalled, “They held my hands and cut my belt with a machete. They cut my shirt, pants, and undershirt. I was only in my underwear. They took 2.5 million rupiah (US$270) and my Blackberry [cell phone]. They tried to take off my underwear and cut my penis. I was laying in the fetal position. I tried to protect my face, but my left eye was stabbed. Then I heard them say, ‘He is dead, he is dead.’”

And this:

>>On February 6, 2011, in Cikeusik, a village in western Java, around 1,500 Islamist militants attacked two dozen members of the Ahmadiyah religious community with stones, sticks, and machetes. The mob shouted, “You are infidels! You are heretics!” As captured on video, local police were present at the scene but many left when the crowd began descending on the Ahmadiyah house. By the time the attack was over, three Ahmadiyah men had been bludgeoned to death.>>

Note:

>>As captured on video, local police were present at the scene but many left when the crowd began descending on the Ahmadiyah house>>

The 107 page report paints an alarming picture of discrimination and violence directed against Ahmadiyah, Christians, Hindus, Shia and Sufi.

>>Dedi Priadi and Gerry Lufthy Yudistira, father and son, members of Al-Qiyadah Al-Islamiyah sufi sect, sentenced to three years’ imprisonment in May 2008 by the Padang court, West Sumatra, for blasphemy.>>

Note: for blasphemy!
Posted by stevenlmeyer, Wednesday, 13 March 2013 7:10:23 AM
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