Statements

---

ILWP STATEMENT ON KOSOVO AND WEST PAPUA By ILWP Aug 16, 2010, 03:29

INTERNATIONAL LAWYERS FOR WEST PAPUA
http://www.ilwp.org/

STATEMENT ON KOSOVO AND WEST PAPUA

15TH AUGUST 2010

Two years ago today, on 15th August 2008, Serbia transmitted a request to the UN General Assembly for an advisory opinion from the International Court of Justice. The issue was whether Kosovo’s unilateral declaration of independence was in accordance with international law.

Less than a month ago, the International Court of Justice gave its opinion. An advisory opinion by the International Court of Justice about the right to independence clearly has implications for all subject peoples around the world. The ILWP welcomes the statement of the International Court of Justice (paragraph 79) that:

“During the second half of the twentieth century, the international law of self-determination developed in such a way as to create a right to independence for the peoples of non-self-governing territories and peoples subject to alien subjugation, domination and exploitation.”

Of great significance is the Court’s statement “that general international law contains no applicable prohibition of declarations of independence.”

The 15th August is also the anniversary of the signing in 1962 of the New York Agreement between the Kingdom of the Netherlands and Indonesia. This bilateral treaty guaranteed that the Papuans in the Dutch colony of West Papua would be allowed to exercise their right of self-determination. It has never happened.

Indonesia, the administering power has never permitted an act of self-determination as legally required by the New York treaty and by international law. Indonesia, the administering power, held what it called an “Act of Free Choice” and forced 1022 Papuans to say that they wanted West Papua to remain with Indonesia. For 48 years the Papuans have been denied their right to choose independence.

Today Kosovo is being recognised by an increasing number of states. But West Papua remains a colony – a people under alien subjugation, domination and exploitation.

Respect for the rule of law demands that international law is obeyed wherever it applies. States must not pick and choose which bits of international law they will respect and what they will ignore. The right to self-determination is a peremptory norm that all States must respect.

The ILWP once again asks the international community of States and the United Nations to ensure that West Papua (now divided into Papua and West Papua) is allowed to exercise its right to self-determination peacefully and in accordance with international law.

Melinda Janki
Melinda Janki
Chair
ILWP