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Special Autonomy is illegal under international law

International Lawyers for West Papua Press Release - January 16, 2011 (see letters below)

The International Lawyers for West Papua (ILWP) wishes to remind the Indonesian government that special autonomy for West Papua (now divided into West Papua and Papua) is illegal under international law.

West Papua has a legal right to self-determination i.e. a right under international law to choose freely its international status. West Papua’s legal right to self-determination has never been validly exercised and therefore that right continues to exist in law.

Special autonomy is not self-determination. Under international law, autonomy falls short of the freedom of choice demanded by the right of self-determination. Any attempt to substitute special autonomy for self-determination is a violation of international law.

The ILWP notes with concern that according to the Papuan Peoples Coalition for Truth (KRPBK) special autonomy has been a “catastrophe.” The rule of law

We ask the international community of States and all international funding agencies:

• to respect the rule of law
• to cease immediately from providing any funding or other support for special autonomy.

Melinda Janki LLB, BCL, LLM, Chair ILWP

1. Inspektur Jenderal Bekto Suprapto

International Lawyer for West Papua
http://www.ilwp.org
secretariat@ilwp.org
17th January 2011

Inspektur Jenderal Bekto Suprapto
Papua Police Chief
Regional Head of Police (Kapolda)
JI. Samratulangi No. 8 Jayapura
Papua
Fax: 62 967 533763

Dear Kapolda,

We, the International Lawyers for West Papua, respectfully seek to remind you of your duties under international law.

As a Police Chief you are an agent of the Indonesian State and you are bound to obey the human rights standards set by international law, particularly the International Covenant on Civil and Political Rights (ICCPR) which Indonesia acceded to on 23rd February 2006.

We therefore request that you immediately:

• Comply with Article 7 and Article 10 of the ICCPR and remove Buchtar Tabuni from solitary confinement;
• Comply with Article 7 of the ICCPR and guarantee that Buchtar Tabuni will not be tortured or otherwise ill-treated while he remains in detention;
• Comply with Article 14 of the ICCPR and allow Buchtar Tabuni to have immediate access to a lawyer of his choosing.

Yours sincerely,

Melinda Janki
Melinda Janki LLB, BCL, LLM, Chair ILW

2. Mr Patrialis Akbar

International Lawyer for West Papua
http://www.ilwp.org
secretariat@ilwp.org
17th January 2011

Mr Patrialis Akbar
Ministry of Justice and Human Rights
JI. H.R. Rasuna Said Kav No.4-5
Kuningen, Jakarta Selatan 129501 525 3095
Dear Minister,

Filep Karma: Prisoner of Conscience

We, the International Lawyers for West Papua, respectfully seek to remind you of the human rights standards set by international law.

We wish to point out that as Minister of Justice and Human Rights you have a special responsibility to ensure that the State of Indonesia is recognised as a civilised nation which respects the fundamental rights and freedoms of all human beings.

We therefore urge you to comply with the International Covenant on Civil and Political Rights (ICCPR) which Indonesia acceded to on 23rd February 2006. In particular we ask you to:

• recognise and protect Filep Karma’s right to freedom of expression as guaranteed by Article 19
• immediately and unconditionally release Filep Karma who is serving a prison sentence for peacefully exercising his right to freedom of expression.

Yours sincerely,

Melinda Janki LLB, BCL, LLM, Chair ILWP

3. Mr Patrialis Akbar

International Lawyer for West Papua
http://www.ilwp.org
secretariat@ilwp.org
17th January 2011

Mr Patrialis Akbar
Minister of Justice and Human Rights
JI. H.R. Rasuna Said Kav No.4-5
Kuningen, Jakarta Selatan 12950
Indonesia
Fax: 62 21 525 3095

Dear Minister,

Buchtar Tabuni: Prisoner of Conscience

We, the International Lawyers for West Papua, respectfully seek to remind you of the human rights standards set by international law.

We wish to point out that as Minister of Justice and Human Rights you have a special responsibility to ensure that the State of Indonesia is recognised as a civilised nation which respects the fundamental rights and freedoms of all human beings.

We therefore urge you to comply with the International Covenant on Civil and Political Rights (ICCPR) which Indonesia acceded to on 23rd February 2006. In particular we ask you to:

• recognise and protect Buchtar Tabuni’s right to freedom of expression as guaranteed by Article 19 ICCPR;
• immediately and unconditionally release Buchtar Tabuni who is serving a prison sentence for peacefully exercising his right to freedom of expression.

Yours sincerely,

Melinda Janki LLB, BCL, LLM, Chair ILWP

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