LAKSAMANA.Net, November 12, 2004 12:01 AM
Central Irian Jaya Province Annulled
Laksamana.Net - The Constitutional Court has overturned a controversial law that
would have divided resource-rich and rebellious Papua province into three new
provinces, but ruled that one of the new provinces will remain intact.
Constitutional Court head Jimly Asshidiqie said Thursday (11/11/04) that Law
No.45/1999 on the formation of Papua, West Irian Jaya and Central Irian Jaya
provinces was no longer valid because it was unconstitutional.
"The team of judges declare that the 1999 law is against the constitution. We declare
that it is no longer legally binding," he was quoted as saying by the Associated
Press.
But he said West Irian Jaya had already been established in line with constitutional
requirements, including the election of local representatives, so it should remain a
separate province.
Many Papuans had demanded the 1999 law be revoked following the enactment of
Law No.21/2001 on special autonomy for Papua, which gives locals with "traditional
rights to special regions" a greater say in running their province.
Efforts by former president Megawati Sukarnoputri's administration to push through
the formation of West Irian Jaya and Central Irian Jaya provinces sparked fierce
criticism and several deadly clashes.
Critics said the move to carve up the province was designed to serve the interests of
certain business, military and political groups in Jakarta, instead of the Papuan
people.
John Ibo, chairman of the Papuan provincial legislative assembly, criticized the
Constitutional Court's decision to retain West Irian Jaya, arguing there is no longer
any legal basis for the new province's existence.
"Under what legal foundation does West Irian Jaya province still exist? Surely the law
that had provided its basis has been revoked?" he was quoted as saying by detikcom
online news portal.
Asshidiqie responded to the criticism by saying the government and parliament could
formulate a new law to ratify the existence of West Irian Jaya.
Background
Reformist former president Abdurrahman Wahid in 2000 passed the legislation
granting Papua greater autonomy and a greater share of the revenue from its vast
natural resources in an effort to reduce separatist sentiments in the territory.
Wahid's predecessor, ex-president B.J. Habibie had in 1999 enacted the law splitting
the province into three, purportedly to accelerate development in the region.
But many Papuans and rights activists saw the law as an attempt to weaken the
province's struggle for self-determination. Wahid opted not to implement the legislation
and instead allowed Papuans to fly the Morning Star flag – the symbol of their
independence movement.
But six months after the fall of Wahid, Megawati in January 2003 issued a decree
mandating the division of Papua.
A study released by the Brussels-based International Crisis Group (ICG) in April
warned that splitting Papua into new provinces would increase conflict within the
territory and heighten tensions with Jakarta.
Entitled ‘Dividing Papua: How Not To Do It', the report said Megawati's decree
effectively ruled out any compromise with the Papuan pro-independence movement
and could lead to more violence. Other rights groups said the decree would encourage
the military to increase its repression in the territory.
Papua Human Rights Institute head John Rumbiak described the Megawati
government's decision to divide the province as an attack on the Papuan people's right
to self-determination.
He also said the division would increase Jakarta's exploitation and militarization of
Papua, as each new province will have a separate military command. Furthermore,
troop numbers will likely be increased and there will be greater military control over
illegal and legal business operations, such as the lucrative resource industries.
Rumbiak warned that social tensions have been exacerbated by the government's
policy of bringing in transmigrants from elsewhere in Indonesia. He also said the
members of the military-backed Islamic terrorist group Laskar Jihad – which is
officially defunct – had been brought into the province.
The Dutch officially left Papua in August 1962 and the region was placed briefly under
the authority of the United Nations. But the Netherlands and Indonesia then signed
the New York Agreements, under which the territory was handed over to Indonesia in
May 1963, on the condition that a referendum on self-determination be held within six
years.
The so-called ‘Act of Free Choice' was held in 1969 and 1,062 participants voted
unanimously in favor of incorporation into the Indonesian nation, allegedly because of
threats of violence. Human rights groups and journalists who witnessed the
referendum say it was unfair, corrupt and a sham.
West Papua was formally integrated into Indonesia in 1969 and renamed Irian Jaya.
Irian is an acronym for Ikut Republik Indonesia Anti-Nederland (Join the Republic of
Indonesia Anti-Netherlands), while Jaya means ‘glorious'.
Separatists have waged a sporadic guerrilla war against the Indonesian military since
the early 1960s. Human rights groups say thousands have been killed.
Analysts say the division of Papua will do little to improve the territory's prospects for
peace, especially because the military has announced it will quash Papua's
separatists once it completes a massive offensive against rebels in Aceh province.
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