OPM / Free Papua Movement seeking UN Secretary-General & Security Council intervention
Australia 27 February 2023
Following the recent capture of New Zealand pilot Mr Philip Mehrtens and the Press Statement of 9 February 2023[1] – demanding New Zealand and other Western nations stop arming and training the Indonesian military who are committing genocide in West Papua – the Free Papua Movement (OPM) has now written to the United Nations Secretary-General requesting his intervention.
As available under Article 99 of the Charter of the United Nations, the Secretary-General has the authority to bring the ongoing war in West Papua to the attention of the United Nations Security Council which, as available under Article 96, provides the opportunity to have the legal status of West Papua determined by the International Court of Justice.
OPM has also requested the Secretary-General intervene and provide a mediator in the current hostage crisis to prevent the Indonesian military committing further atrocities which may result in the death of New Zealand pilot Mr Philip Mehrtens.
Please find OPM’s request to the UN Secretary-General below.
For further information contact
Akouboo Amatus Douw
Head of Foreign Affairs & Diplomatic Council
TPNPB-OPM / Free Papua Movement
[1] New Zealand pilot targeted for New Zealand’s complicity in Genocide, OPM Press Statement, 9 February 2023, https://www.freepapuamovement.org/new-zealand-pilot-targeted-for-new-zealands-complicity-in-genocide/
20 February 2023
Mr António Guterres
Secretary-General United Nations
405 East 42nd Street
New York NY 10017
United States of America
Dear Secretary-General
Re: Seeking your urgent intervention in the West Papua War, current hostage crisis and ongoing genocide
I write to bring to your attention the ongoing war in West Papua being waged by the West Papua National Liberation Army (TPNPB-OPM), current developments and seek your urgent intervention. As you may be aware TPNPB-OPM recently took a New Zealand pilot hostage[1] in order to draw attention to this ongoing conflict which erupted when West Papuans were denied their rightful self-determination and planned independence – a principle goal of the UN Charter.[2]
This war is now in its sixth decade being one of the longest in recorded history.[3] With ongoing human rights abuses perpetrated by the Indonesian military described by legal scholars as meeting the definition of Genocide and Crimes Against Humanity,[4] we believe it is time the United Nations intervene in an effort to end this conflict and oppression.
Prior to 1962 West Papua – then referred to as Netherlands New Guinea – was a listed Non-Self-Governing Territory under Chapter XI Article 73e of the UN Charter. As such the administering authority was required to report to the UN on its progress towards delivering self-determination. The Netherlands fulfilled this legal obligation submitting its last report in 1962 just prior to the administration being transferred to the United Nations. This report detailed the progress made by the people towards their planned forthcoming independence which included a national flag, national anthem and system of governance already established.[5]
However, the United Nations administration in West Papua failed to submit a report for the year of 1962 detailing progress towards decolonisation as required under Article 73e. Furthermore, in 1962 and without the required approval of the General Assembly,[6] West Papua was removed from the list of Non-Self-Governing Territories by the United Nations Secretariat. After the United Nations transferred administration to Indonesia in 1963, this member state also failed to report on its progress of delivering self-determination to the people of this Non-Self-Governing Territory. Despite the failure to report however, West Papua’s legal status remained that of a Non-Self-Governing Territory.
Many breaches of international law governing the UN’s role over West Papua have been documented by legal scholars and academics.[7] These breaches resulted in the illegal annexation of West Papua by Indonesia, the human rights atrocities mentioned above, and the ongoing, indeed escalating, war. Resolutions 1752 and 2504 for example were never ‘approved’ by the General Assembly. They only ‘Take note’ of Agreement 6311 and the UNSG’s report which according to the Handbook of the General Assembly ‘is neither approval or disapproval’.[8] As such there has never been a UN resolution recognising Indonesian sovereignty over West Papua.
Under the Charter, the UN has the obligation to ensure that the interests of the inhabitants of West Papua are paramount. In particular, in accepting the 1969 sham ‘act of free choice’ held under UN observation – where Indonesia selected just 0.1% of the population to participate under the threat of the Indonesian military – the UN failed in its obligation to ensure compliance with the Charter and associated resolutions. Universal suffrage did not occur. Furthermore, the people of West Papua were not given the choice of independence as required under Resolution 1541 (XV). It was clearly not an act of self-determination but an illegal act of annexation.
In the case of East Timor, despite the annexation by Indonesia, the International Court of Justice stated that the right of self-determination was a right ega omnes and therefore the people of East Timor continued to possess that right.[9] The people of West Papua therefore continue to possess the right to self-determination.
Indeed, your predecessor, Mr Ban Ki-moon, when questioned in New Zealand in 2008 about the plight of the West Papuan people, stated that West Papua needs to be addressed by the Decolonisation Committee indicating that West Papua’s legal status remains that of a Non-Self-Governing Territory. This position is also held by legal scholars,[10] as well as the Free Papua Movement’s international barrister. Having West Papua’s legal status resolved is therefore paramount to this conflict.
From 1962 the people of West Papua have been campaigning and fighting for their legitimate freedom and independence. While atrocities perpetrated by Indonesia occurred during the period of UN administration, major warfare events commenced in 1965 when the OPM freedom fighters began attacking Indonesian military bases due to ongoing military oppression.[11] It is now in its sixth decade.
Under Article 99 of the UN Charter, your office has the ability to bring this ongoing conflict to the attention of the UN Security Council. which, under Article 96 provides an avenue to have the legal status of West Papua determined by the International Court of Justice. We also implore you to intervene and provide a negotiator in the current hostage crisis to prevent the Indonesian military committing further atrocities which may result in the death of the New Zealand pilot MR Philip Mehrtens.
We welcome your response in Fiji in 2018 when you outlined possible pathways available, including the Security Council, when questioned on how to have this conflict resolved.[12] TPNPB-OPM therefore requests that you, in your capacity as the United Nations Secretary-General, bring this ongoing war to the attention of the United Nations Security Council for action to be taken so that the West Papuan people can finally enjoy ‘complete independence and freedom’ as enshrined in UN Resolution 1514 (XV).[13] Please use this available procedure to help end this ongoing conflict and ongoing genocide.
In the meantime, the people of West Papua will continue to pursue their legitimate struggle for independence as provided under Resolution 2621 ‘Programme of action for the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples’ by ‘all necessary means at their disposal’,[14]and seek the intervention by member states who may similarly bring this gross violation of human rights to the attention of UN bodies.
Yours Sincerely
Akouboo Amatus Douw
Head of Foreign Affairs & Diplomatic Council
TPNPB-OPM / Free Papua Movement
[1] Indonesian military ready for operation to free New Zealand pilot hostage Philip Mehrtens, if talks fail, Australian Broadcasting Corporation, 17 February 2023; https://www.abc.net.au/news/2023-02-17/philip-mehrtens-indonesia-hostage-operation/101987582
The New Zealand pilot was targeted because he works for an Indonesian company which supports Indonesian military bases inside West Papua and is therefore deemed to be complicit in the ongoing human rights atrocities.
[2] John Saltford, 2003, The United Nations and the Indonesian Takeover of West Papua, 1962-1969: The Anatomy of Betrayal, 1st ed., Routledge, London.
Jennifer Robinson, ‘The UN’s chequered record in West Papua’, 21 March 2012, Aljazeera. http://www.aljazeera.com/indepth/opinion/2012/03/201232172539145809.html
Melinda Janki, ‘A violation of international law’
https://www.insideindonesia.org/a-violation-of-international-law
Julian McKinlay King, 2019, ‘A Soul Divided: The UN’s Misconduct over West Papua’ PORTAL Journal of Multidisciplinary International Studies, vol. 16, no. 1/2. https://epress.lib.uts.edu.au/journals/index.php/portal/issue/view/449
[3] Grant Suneson, The 20 Longest Wars in History, September 21 2022, 24/7 Wall St; https://247wallst.com/special-report/2022/09/21/these-are-the-20-longest-wars-in-history-3/
[4] Elizabeth Brundige, Winter King, Priyneha Vahali, Stephen Vladeck, & Xiang Yuan, 2004, ‘Indonesian Human Rights Abuses in West Papua: Application of the Law of Genocide to the History of Indonesian Control,’ Yale Law School, https://law.yale.edu/sites/default/files/documents/pdf/Intellectual_Life/West_Papua_final_report.pdf ;
Jim Elmslie, & Cammi Webb-Gannon, ‘A Slow-Motion Genocide: Indonesian Rule in West Papua,’ Griffith Journal of Law & Human Dignity, vol. 1, no. 2:142–166, (2013), https://griffithlawjournal.org/index.php/gjlhd/article/view/578/539;
John Wing with Peter King, ‘Genocide in West Papua? The Role of the Indonesian State Apparatus and a Current Needs Assessment of the Papuan People,’ Centre for Peace and Conflict Studies and ELSHAM Jayapura, August, 2005, https://www.worldcat.org/title/genocide-in-west-papua-the-role-of-the-indonesian-state-apparatus-and-a-current-needs-assessment-of-the-papuan-people/oclc/65526525
V. Toki, ‘Study on Decolonisation in the Pacific region’, Permanent Forum on Indigenous issues, Twelfth Session, UN Doc E/C.19/2013/12, 20 February 2013, https://documents-dds-ny.un.org/doc/UNDOC/GEN/N13/238/49/PDF/N1323849.pdf?OpenElement
[5] Report on Netherlands New Guinea for the Year 1961 Presented to the Secretary General of the United Nations pursuant to Article 73(e) of the Charter, a (1961); http://wpik.org/Src/1961-report.PDF
[6] Charmian E Toussaint, The Trusteeship System of the United Nations, Stevens and Sons Limited, London 1956, p235.
Official Records of the General Assembly, 1949, Fourth Session, Resolution 334 (IV).
[7] John Saltford, 2003, The United Nations and the Indonesian Takeover of West Papua, 1962-1969: The Anatomy of Betrayal, 1st ed., Routledge, London.
Jennifer Robinson, ‘The UN’s chequered record in West Papua’, 21 March 2012, Aljazeera. http://www.aljazeera.com/indepth/opinion/2012/03/201232172539145809.html
Melinda Janki, ‘A violation of international law’; https://www.insideindonesia.org/a-violation-of-international-law
Drooglever, P. 2010, An Act of Free Choice: Decolonisation and the Right to Self-Determination in West Papua. One World Publications, Oxford & New York.
Julian McKinlay King, 2019, ‘A Soul Divided: The UN’s Misconduct over West Papua’ PORTAL Journal of Multidisciplinary International Studies, vol. 16, no. 1/2. https://epress.lib.uts.edu.au/journals/index.php/portal/issue/view/449
[8] Permanent Mission of Switzerland to the United Nations, ‘PGA Handbook: A practical guide to the United Nations General Assembly’, 2011 https://www.unitar.org/ny/sites/unitar.org.ny/files/UN_PGA_Handbook.pdf
[9] East Timor Case (Portugal v Australia) Judgement, 30 June 1995, ICJ Reports (1995), 90, 102.
[10] Julian McKinlay King with Andrew Johnson, ‘West Papua Exposed: An Abandoned Non-Self-Governing or Trust Territory,’ Griffith Journal of Law & Human Dignity, vol. 6, no. 2 (2018) https://griffithlawjournal.org/index.php/gjlhd/article/view/1078
[11] Otto Ondawame, One People One Soul, (Crawford House, 2010)
[12] https://www.facebook.com/100063963150230/videos/446934899189870
[13] Declaration on the granting of independence to colonial countries and peoples, GA Res 1514 (XV), UNGA, 958thplen mtg, UN Doc A/RES/1514 (XV) (20 December 1960). http://www.un.org/en/decolonization/declaration.shtml
[14] Programme of Action for the Full Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. 1970, General Assembly Resolution 2621(XXV, Registered or Filed and Recorded with the Secretariat of the United Nations, 12 October. Online, available: https://treaties.un.org/doc/Publication/UNTS/Volume%20437/v437.pdf
Australia 27 February 2023 Following the recent capture of New Zealand pilot Mr Philip Mehrtens and the Press Statement of 9 February 2023[1] – demanding New Zealand and other Western nations…