West Papua Information Kit

H.R. 2601 Section 1115

Instead of modifying the section, the U.S. Senate deleted the entire section. A briefing paper was then prepared establishing the later and current U.S. public understanding about West Papua.

The international issue of West Papua had been successfully brought to the attention of the U.S. Congress during 2004-2005 by Congressman Eni Faleomavaega (1943-2017), a true wontok and honourable good person. Links to speeches given at the U.S. Congress include
CONDEMNING THE HUMAN RIGHTS VIOLATIONS AGAINST WEST PAPUA BY THE INDONESIAN GOVERNMENT
INDONESIA'S HUMAN RIGHTS VIOLATIONS IN IRIAN JAYA/WEST PAPUA
EXPRESSING CONCERNS REGARDING INDONESIA'S PRISONERS OF CONSCIENCE IN WEST PAPUA NEW GUINEA (IRIAN JAYA)
INDONESIA'S SHAMEFUL MILITARY OCCUPATION OF EAST TIMOR AND WEST PAPUA NEW GUINEA
WEST PAPUA, INDONESIA; THE NEXT EAST TIMOR TRAGEDY
IN SUPPORT OF WEST PAPUA NEW GUINEA'S QUEST FOR FREEDOM

SEC. 1115. DEVELOPMENTS IN AND POLICY TOWARD INDONESIA.

(a) Statement of Congress Relating to Recent Developments, Human Rights, and Reform- Congress--

(1) recognizes the remarkable progress in democratization and decentralization made by Indonesia in recent years and commends the people of Indonesia on the pace and scale of those continuing reforms;

(2) reaffirms--

(A) its deep condolences to the people of Indonesia for the profound losses inflicted by the December 26, 2004, earthquake and tsunami; and

(B) its commitment to generous United States support for relief and long term reconstruction efforts in affected areas;

(3) expresses its hope that in the aftermath of the tsunami tragedy the Government of Indonesia and other parties will succeed in reaching and implementing a peaceful, negotiated settlement of the long-standing conflict in Aceh;

(4) commends the Government of Indonesia for allowing broad international access to Aceh after the December 2004 tsunami, and urges that international nongovernmental organizations and media be allowed unfettered access throughout Indonesia, including in Papua and Aceh;

(5) notes with grave concern that--

(A) reform of the Indonesian security forces has not kept pace with democratic political reform, and that the Indonesian military is subject to inadequate civilian control and oversight, lacks budgetary transparency, and continues to emphasize an internal security role within Indonesia;

(B) members of the Indonesian security forces continue to commit many serious human rights violations, including killings, torture, rape, and arbitrary detention, particularly in areas of communal and separatist conflict; and

(C) the Government of Indonesia largely fails to hold soldiers and police accountable for extrajudicial killings and other serious human rights abuses, both past and present, including atrocities committed in East Timor prior to its independence from Indonesia;

(6) condemns the intimidation and harassment of human rights and civil society organizations by members of the Indonesian security forces and military-backed militia groups, and urges a complete investigation of the fatal poisoning of prominent human rights activist Munir in September 2004; and

(7) urges the Government of Indonesia and the Indonesian military to continue to provide full, active, and unfettered cooperation to the Federal Bureau of Investigation of the Department of Justice in its investigation of the August 31, 2002, attack near Timika, Papua, which killed three people (including two Americans, Rick Spier and Ted Burgon) and injured 12 others, and to pursue the indictment, apprehension, and prosecution of all parties responsible for that attack.

(b) Findings Relating to Papua- Congress finds the following:

(1) Papua, a resource-rich province whose indigenous inhabitants are predominantly Melanesian, was formerly a colony of the Netherlands.

(2) While Indonesia has claimed Papua as part of its territory since its independence in the late 1940s, Papua remained under Dutch administrative control until 1962.

(3) On August 15, 1962, Indonesia and the Netherlands signed an agreement at the United Nations in New York (commonly referred to as the `New York Agreement') which transferred administration of Papua first to a United Nations Temporary Executive Authority (UNTEA), and then to Indonesia in 1963, pending an `act of free choice . . . to permit the inhabitants to decide whether they wish to remain with Indonesia'.

(4) In the New York Agreement, Indonesia formally recognized `the eligibility of all adults [in Papua] . . . to participate in [an] act of self-determination to be carried out in accordance with international practice', and pledged `to give the people of the territory the opportunity to exercise freedom of choice . . . before the end of 1969'.

(5) In July and August 1969, Indonesia conducted an `Act of Free Choice', in which 1,025 selected Papuan elders voted unanimously to join Indonesia, in circumstances that were subject to both overt and covert forms of manipulation.

(6) In the intervening years, indigenous Papuans have suffered extensive human rights abuses, natural resource exploitation, environmental degradation, and commercial dominance by immigrant communities, and some individuals and groups estimate that more than 100,000 Papuans have been killed during Indonesian rule, primarily during the Sukarno and Suharto administrations.

(7) While the United States supports the territorial integrity of Indonesia, Indonesia's historical reliance on force for the maintenance of control has been counterproductive, and long-standing abuses by security forces have galvanized independence sentiments among many Papuans.

(8) While the Indonesian parliament passed a Special Autonomy Law for Papua in October 2001 that was intended to allocate greater revenue and decision making authority to the Papuan provincial government, the promise of special autonomy has not been effectively realized and has been undermined in its implementation, such as by conflicting legal directives further subdividing the province in apparent contravention of the law and without the consent of appropriate provincial authorities.

(9) Rather than demilitarizing its approach, Indonesia has reportedly sent thousands of additional troops to Papua, and military operations in the central highlands since the fall of 2004 have displaced thousands of civilians into very vulnerable circumstances, contributing further to mistrust of the central government by many indigenous Papuans.

(10) According to the 2004 Annual Country Report on Human Rights Practices of the Department of State, in Indonesia `security force members murdered, tortured, raped, beat, and arbitrarily detained civilians and members of separatist movements' and `police frequently and arbitrarily detained persons without warrants, charges, or court proceedings' in Papua.

(c) Reporting Requirements-

(1) REPORT ON SPECIAL AUTONOMY- Not later than 180 days after the date of the enactment of this Act and one year thereafter, the Secretary of State shall submit to the appropriate congressional committees a report detailing implementation of special autonomy for Papua and Aceh. Such reports shall include--

(A) an assessment of the extent to which each province has enjoyed an increase in revenue allocations and decision making authority;

(B) a description of access by international press and non-governmental organizations to each province;

(C) an assessment of the role played by local civil society in governance and decision making;

(D) a description of force levels and conduct of Indonesian security forces in each province; and

(E) a description of United States efforts to promote respect for human rights in each province.

(2) REPORT ON THE 1969 ACT OF FREE CHOICE- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report analyzing the 1969 Act of Free Choice.