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I have often wrestled with this conundrum. Should one come down on the side of every possible move to try to hold the situation together, or are there some situations in the world in which that task is so impossible because of the realities on the ground—as I say, the genie is out of the bottle—that to try to do so would only make a bad situation worse and the
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I refer to our responsibility and I put it in the context of our Government’s commitment, of which I am very proud, to democracy and human rights, and in the context of the logical follow-through from such declarations of intention of what is necessary when faced with such situations. Of course there are also more tangible reasons for our responsibility, including the importance of the economic relationship between Britain and Indonesia, not least through arms sales, which indirectly compound the situation that we are describing. I hope that the Government will take the noble Lord’s entreaties seriously and can come to a candid relationship with Indonesia in which realistic talk takes place about the way forward.
8.58 pm
Lord Avebury: My Lords, I am afraid that the short answer to the Question asked by the noble Lord, Lord Harries, is none, as the UK does not support the independence of West Papua and we were accomplices in its unlawful annexation by Indonesia. The right of self-determination, while undoubtedly a legal right, as the noble and learned Lord, Lord Archer, pointed out, is a matter of state practice in the absence of any rules for determining how it should be enforced. Therefore, is there any point now in reviewing the events that led up to the so-called act of free choice?
In the cases of Srebrenica and Rwanda, there were formal inquiries into how those appalling tragedies were allowed to happen. The Secretary-General himself took responsibility for investigating the Srebrenica massacre, in which an estimated 20,000 people were slaughtered by the Serbian militias. However, as two noble Lords have pointed out, in West Papua something like 100,000 people have been killed since the Indonesian occupation—five times as many as in Srebrenica—yet the UN has failed to review the conduct of the bogus operation carried out under its auspices that led to this enormous tragedy.
When I asked the Government six years ago whether they considered that an independent audit of the UN’s role should be commissioned, the noble Baroness, Lady Scotland, said that she was satisfied that the study being conducted by the Institute of Netherlands History would serve that purpose. That report, by Professor Pieter Drooglever, was published in November 2005 and, as has already been said, it confirms that the outcome had been pre-determined by Suharto, who had issued instructions that nothing but a ruling in favour of Indonesia would be acceptable. The UN observers were allowed to see as little as possible and were ejected from the territory immediately after the so-called vote.
The UN was directly responsible for what happened because it was nominally in charge from 1962, when the Dutch left, until November 1969, the date of the fraudulent act, although, as has been pointed out, from 1963 onwards the Indonesians were
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the arrangements for the act of free choice, which was to be carried out,
That was immediately violated by the UN itself, which failed to organise a plebiscite and, instead, agreed that the decision would be made by an assembly, whose members would be indirectly elected by an undefined electorate. As we have heard, the Indonesians chose the 1,000-odd candidates, all of whom were elected unopposed in batches, with the so-called “voters” browbeaten or bribed into approving them by acclamation. UN observers saw the elections of 195 of these stooges but, significantly, their report to the General Assembly was silent on the conduct of the operation.
By that time, the UN team had been whittled down to a mere 16 members at the insistence of the Indonesians, and it would have been impossible for it to fulfil its remit, even with full co-operation, in a territory the size of California with only the most primitive transport and communication systems. However, members of the team did not complain when no interpreters were provided or when they had to ask permission every time they wanted to move outside the capital. They failed to blow the whistle when they saw Indonesian soldiers and officials pouring into the territory in far larger numbers than planned and exerting heavy pressure on the Papuans to choose integration and give up the dream of self-determination.
That fraudulent process was endorsed by the General Assembly with the approval of the UK. The Permanent Secretary at the Foreign Office had recommended not entering into correspondence about self-determination, and in the UN we firmly supported the betrayal of the West Papuans, not on grounds of principle but out of solidarity with the Dutch and as a means of improving our relations with the military dictator General Suharto, who had done a splendid job exterminating half a million communists and was therefore a man to be encouraged.
The Government may not seek to persuade the UN that there should be a rerun, as the noble Lord, Lord Harries, called it, of what happened in 1969, but they should at least seek an opportunity to get the Drooglever report upheld and endorsed by the General Assembly, and that is what I ask the Minister to agree to. In other cases where the UN has failed to uphold the rights of peoples, it has recorded and acknowledged its appalling mistakes and their tragic consequences. Will the Minister agree that the act of free choice cries out for the same treatment?
More than that, should not the international community try to alleviate the suffering now being endured by West Papuans, unseen by human rights organisations, foreign journalists, the UNHCR and MPs, all of whom, as we have heard, have been refused permission to enter the territory? The EU
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Unfortunately, although President Megawati made offers of special autonomy to Aceh and West Papua in 2001, there has been a complete divergence between the fortunes of the two provinces since then. In Aceh, a peace agreement was concluded in 2005 and successful elections have now been held there. Could not the lessons of that peaceful outcome be transferred to West Papua in principle—not in detail but, as has been suggested, at least by starting negotiations towards an outcome similar to that in Aceh? The present deployment of extra troops and paramilitary police is not the answer, any more than it was in Aceh. We should be saying respectfully to Indonesia that a framework is needed for negotiating a political settlement, building on the experience of Aceh, although perhaps involving not just the OPM but representatives of all the diverse communities in West Papuan society, including civil society, traditional tribal leaders, the church and the MRP. If we can ask for that, we shall be getting somewhere.
9.05 pm
Baroness Rawlings: My Lords, I too add my congratulations to the noble Lord, Lord Harries, on securing this debate, particularly following the media reports over the festive season that suggested tensions are increasing.
Indeed, there are claims that a force of between 2,000 and 5,000 military and police mobile brigade personnel are currently undertaking an operation in the Punjaya region. I hope that the Minister will be able to comment on these very concerning claims in her response. No doubt she recognises, as did the noble Lord, Lord Judd, that some nationalist groups fear that Papua could become the next East Timor. That has a significant bearing on today's debate.
Papua, a name adopted in 2002, is currently a province of Indonesia. It refers to what some of your Lordships might remember from days at school as the region known as Dutch, New Guinea during the colonial era. Papua—nee Irian Jaya—became a province of Indonesia following a UN Supervised Act of Free Choice in 1969, the legitimacy of which, as the noble Lords, Lord Harries and Lord Griffiths, have already highlighted, remains disputed.
As your Lordships are aware, West Papua was the major beneficiary of a nation-wide decentralisation process started in 1999 and the special autonomy status introduced in early 2002. Measures included the formation of the Papuan People's Council and redistribution of resource revenues. Those measures were welcomed but we are frustrated and disappointed, along with many Members of your Lordships' House, by the continuing failure regarding the implementation of the special autonomy law. We on these Benches believe that the full implementation will lay the groundwork for a long-term resolution to the growing crisis in West Papua and will offer
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We could not have had a debate today without mentioning the human rights situation in Indonesia. There can be no doubt that it has dramatically improved, for which the administration should be commended. However, there is still a very long way to go. Significant concerns continue to surround violations by the Indonesian armed forces, restrictions on access to Papua for journalists and NGOs and a number of cases where prisoners have been convicted for treason for displaying the Papuan flag. Many of your Lordships will find it very difficult to consider that Filep Karma and Yusak Pakage have been jailed now for 15 and 10 years respectively for peacefully raising the independence flag, and yet army officers convicted of involvement in the murder of the Theys Eluay, the independence leader, in 2001, received only three years. What steps are Her Majesty’s Government taking to ensure that there will be a public debate regarding the human rights issues in Indonesia and in particular guaranteed open access for NGOs and journalists? What consideration has the Minister given to the calls for the Papuan People’s Council to be fully involved with the central Government of Indonesia in working towards an acceptable solution?
This has been a most interesting and detailed, if specialised, debate. As my right honourable friend William Hague said:
“We have the privilege of living in freedom. But with that privilege comes the responsibility to use our liberty to speak up for those who are denied it”.
It is important to consider West Papua within both its historical and current context, as much as we have great sympathy with many of the concerns raised today—indeed, we share some. However, we do not believe that meaningful dialogue with the Government of Indonesia can take place on the basis of calls for Papuan independence.
We support the UK Government in respecting the territorial integrity of Indonesia. We are not calling for the independence of Papua, but for an open, inclusive and frank discussion and the full implementation of the special autonomy law. We value our good relationship with Indonesia but we believe that it is dragging its feet on this issue. The Government could and should press harder to find, through dialogue, a peaceful, just and dignified resolution.
9.11 pm
Baroness Royall of Blaisdon: My Lords, I am grateful to the noble Lord, Lord Harries of Pentregarth, for introducing this debate. It is an important issue in which he has a long-standing interest. The people of West Papua are lucky to have such a fine and vociferous champion in the noble Lord.
I have listened carefully to the debate, but must start with a clear statement that the UK does not
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The best way to resolve the complex issues in Papua is through promoting peaceful dialogue between Papuan groups and the Indonesian Government. Meaningful dialogue with the Government of Indonesia cannot take place on the basis of preconditions of Papuan independence. President Yudhoyono has said that he is committed to a just, comprehensive and dignified solution, including through consistent implementation of special autonomy. We welcome this important objective, and encourage him to press ahead with it. The special autonomy legislation is enshrined in Indonesian law, and was supported by Papuan groups and the international community. Full implementation of the legislation will lay the groundwork for a sustainable resolution to the internal differences and the long-term stability of the province. The UK is of course also committed to improving the well-being and political participation of Papuan people, as well as encouraging freedom of expression throughout Indonesia.
My noble and learned friend Lord Archer of Sandwell cited the economic covenant, and many others have referred to the special autonomy legislation on oil and forestry revenue. The special autonomy legislation grants Papua 70 to 80 per cent of the royalties from natural resources rather than the tax revenue. Papua is receiving this and, to make up for the fact that it receives none of the tax revenue, the central Government pay 2 per cent more than to other provinces in Indonesia under devolution. In 2006, it received $438 million, higher than every other province in Indonesia bar one.
My noble friend Lord Griffiths of Burry Port referred to special autonomy issues. Many such issues still need to be implemented in the legislation, but progress is being made; for example, the establishment of the Papuan People’s Council and the election of a provincial governor. Legislation has been, or is in the process of being, approved on the use of Papuan symbols—essentially the flag and certain anthems—the special autonomy budget, forestry issues, protection of customary rights, health and education. Of course, there is much more to be done and we will keep pressing them to do so.
The noble Lord, Lord Harries, asked if the Government would support a review of the Act of Free Choice. If your Lordships will forgive me, I have lost that section of my papers, so I will come back to it shortly because I have something to say on that.
We are working with the Indonesian Government to support the most pressing economic and social needs of the Papuan people. Under Indonesia’s decentralisation laws, Papua’s directly elected
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I return to the Act of Free Choice. Although we recognise that it was extremely flawed, the UK has no plans to support a review of that Act. We believe that is a matter for the Netherlands and the UN. As the 1962 New York agreement was between the Dutch and Indonesian Governments, and the UN oversaw the 1969 Act, we have little locus to question the legality of either. The 2001 special autonomy law allows the establishment of a truth and reconciliation committee to look at the incorporation of Papua into Indonesia in the 1960s, which we believe indicates that the Indonesian Government recognise the need to address the long-standing problems in Papua.
I think that my noble friend Lord Judd mentioned transmigration. Non-Papuan migrants make up about 35 per cent of the total population. However, in 2000 the Indonesian Government ended the transmigration programme in response to concerns about the ethnic mix. Spontaneous migrants continue to arrive in relatively large numbers, but there is no government programme to increase the number of non-ethnic Papuans in the region. I suggest that the special autonomy programme is therefore relevant to the lives of most West Papuans.
DfID is closely involved in formulating the governor’s development strategy, which will focus on the millennium development goals. DfID is looking to align its own funding for Papua with the governor’s vision. The DfID-funded multi-stakeholder forestry programme has been working to improve land use in Papua, by supporting detailed mapping and informed policy change. Papua is also a key area of focus for DfID’s HIV/AIDS programme, working through the Indonesian partnership fund for HIV/AIDS. Other donors are also engaged in Papua to improve conditions on the ground.
The UK is also working in a number of areas to promote dialogue and improve political participation in Papua. UK-funded human rights projects in Papua include funding for the Indonesian human rights commission—to travel to remote areas of Papua to investigate alleged human rights violations—public education about rights regarding treatment by the police, human rights training for the police and providing a police complaints post.
In respect of human rights, we do indeed have an interest, and I hear what your Lordships, including my noble friend Lord Judd, have said about the human rights situation in Papua. We believe that the human rights situation in Papua too is improving. There is little credible information to suggest that major systematic abuses of human rights are currently taking place, although I hear what the noble
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Several Jakarta-based correspondents, including representatives of the BBC and the Washington Post, received permission to visit Papua in 2006, including sensitive areas in the central highlands. We welcome this increased access for journalists. We regularly encourage the Indonesian Government to permit journalists to visit Papua to promote better international understanding of conditions within the provinces.
The noble Lord rightly raised the case of Filep Karma and Yusak Pakage who were shamefully imprisoned in 2005 for flying a flag identified with the separatist struggle. The Indonesian Government have obligations under the International Covenant on Civil and Political Rights and their own constitution to guarantee freedom of expression throughout Indonesia. We encourage the Indonesian Government to implement those obligations. As the noble Lord suggested, our embassy in Jakarta is monitoring the case; it will look into it further and make representations, if appropriate.
Several noble Lords mentioned that 100,000 people were killed. There were certainly brutal operations in Papua in the 1970s, which we deeply regret and condemn, but we believe that there is nothing to substantiate the figure of 100,000 people, but even if it were “only” 10,000, that is 10,000 too many. We continue to take reports of human rights violations seriously.
Papua is one of the wealthiest provinces in Indonesia in fiscal terms. However, most Papuans do not see the benefits of that wealth. Papua is the province with the highest level of poverty—40 per cent of Papuans live below the poverty line—and health, education and infrastructure are consistently below the national average. Much of that discrepancy can be put down to corruption, which is serious and endemic at the local government level. The UK’s projects to build local government capacity, which I described earlier, aim to improve that. We welcome the fact that, at the urging of the new governor, Papua’s provincial budget is now being scrutinised by the national anti-corruption commission.
I heard noble Lords’ graphic descriptions. Papua is in many ways the last blot on Indonesia’s global reputation. As the noble Lord, Lord Avebury, said, the situation in Aceh has improved, and perhaps that can be built on. The UK Government believe that the best way forward for Papua and its people is through peaceful dialogue between representatives of the Papuan people and the Indonesian Government and the implementation of the special autonomy law of 2001. We will do all we can to support that process,
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Lord Kilclooney: My Lords, in her response, the Minister stated that 70 per cent of the people of Papua took part in a recent election and that confirmed their acceptance of the situation. However, 70 per cent of the people of Scotland vote in elections, and a large proportion of them do not accept the constitutional position of Scotland within the United Kingdom. Participation in an election does not imply acceptance of the constitutional position.
Will the Minister confirm yet again the percentage of non-Papuans who are in Papua? It would not be surprising if a very large percentage of the majority which supports the present situation were migrants into the territory.
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Baroness Royall of Blaisdon: My Lords, I heard what the noble Lord said about participation in elections and will reflect on it. I said that non-Papuan migrants make up about 35 per cent of the total population of Papua.
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