A
fundamental problem faced by the Indonesian
Government regarding Papua is the local resentment towards
the central government and social discontent arising from the generally
perceived lack of a just and equitable economic distribution. This
resentment and the constant call for independence stem from
deep-rooted grounds. The reunification of Papua with Indonesia
in 1963 was not seen to have brought about improved welfare, wealth, and an affirmation of the basic rights of the
Papuans. Education, the economy,
the culture, and the socio-politics of the Papuan community
were considered to be under par compared
to other provinces. Another source of resentment towards the government
is its lack of understanding of local customary
law and alliance rights controlled by customary community with regard to
tribal land ownership. While concessions for
forest areas have been given to some private companies and transmigration areas
developed, land disputes remain unresolved. In addition,
human rights issues
and denial to
the rights ct the Papuans for improved
welfare
have
not
been
appropriately addressed.
The reforms
that developed following
changes in May 1998 gave
way to more pronounced yet peaceful calls for .secession of the province from Indonesia. This, in turn, has cultivated new hopes for self-government in Papua. The Indonesian Government has fully
recognized the especially unique
characteristics of Papua and believes that a special
autonomy is called
for with regard to
the region. independence is not the answer for
Papua and the government remains committed to maintaining the
unity of the Republic of Indonesia. This policy
would enable the Papuans to manage their own political and economic development, and offers the best prospects for a long-term resolution of problems that have long been associated with Papua.
It also gives the opportunity for the
province to catch up with the
other more developed provinces in Indonesia.
It is accurate to say that the concept
of special autonomy is not new to the Papuans. President
Soekarno promised autonomy
to West Irian when it was reunited with Indonesia. This was legislated
by Law No. 1211969. Unfortunately, this law was never
actually implemented. Since President
Soeharto, successive
governments have also many times promised a special autonomy for Papua. The promise has only just materialized in 2001 under the administration of President
Megawati Soekarnoputri.
The special
autonomy this government has offered to the people of Papua is based on the uniqueness
of the local cultures of the province. It was
developed and will be implemented
by observing the basic values
of the Papuans that derives
from strong traditions, nationalism based on
universal humanity, and respect
for democracy and human rights. Specifically, the respect for the traditional cultures of the
Papuans, democracy, regard for morality and ethics, respect for human rights, supremacy of
law, respect
for
pluralism,
and
emancipation as regards status, rights
and responsibility as fellow
citizens.
After months
of deliberation, the Draft Law on Special
Autonomy for Papua was endorsed
by Parliament on October 22, 2001. II became law after it was signed by
President Megawati Sukarnoputri in December 2001 and came into effect in January 2002. It will be completed
with nine government regulations and two presidential decrees that serve as accompanying regulations needed for its implementation.
In the Law
on Special Autonomy
for Papua, the Papuans are recognized as a phylum
of the Melanesian race, which is one of
the many ethnic groups
of Indonesia, and has its own cultures, history, traditions, and languages. It is also recognized that the
government administration and the implementation
of development in the region
thus far
has not entirely fulfilled the people's sense of justice;
enabled the achievement of prosperity for the people, uphold the law enforcement, and indicated respect for the human rights of the people. Moreover, it also acknowledges
that the management of natural wealth of the
Province has not been employed to the maximum to improve the living standards of the
local community. This has consequently caused a gap between the Province of Papua and other regions and was a violation of the
fundamental rights of the local Papuans.
The
Special Autonomy for Papua is basically a devolution of central
authority, more equitable sharing and distribution of revenues, and
acknowledgement of the unique cultures, traditions, and heritage of the
people of Papua. Special Autonomy is an opportunity for self-government in Papua that
can bring about the aspired economic development and welfare. Under the
Law on Special Autonomy, the province has the authority
in all sectors of government
except in foreign affairs, defense, monetary
affairs, and the Supreme Court.
In recognition of the Papuan
identity, in addition
to the national symbols, the province is to have its own flag, its own anthem, and its
own coat of arms.
Rather than symbols of sovereignty,
the symbols are forms of identity
that reflect the greatness and culture of the illustrious identity of the Papuans and will serve as
strings that bind the diverse Papuan people and cultures.
One
of the main objectives of the Special
Autonomy is the protection and promotion of the traditional culture and rights of the Papuans. This is manifested through the setting up of two house 01 parliament. The upper house, the Papuan
People's Assembly (Majelis
Rakyat PapualMRP) is
the representation of native Papuans
consisting of representatives of customary (adat), religions, and women, who will guarantee
the political and cultural
rights of the Papuans. It will ensure,
among others, that a governor and a deputy governor
who are native Papuans should govern the Province. The
lower house, the Papuan House of Representatives (Dewan Perwakilan Rakyat Papua/DPRD) will perform the
legislative duties and will consist of representatives
from the political parties.
To
establish a more equitable sharing
of revenues, the Law on Special Autonomy for Papua stipulates
that the province will receive 70 percent royalties from oil exploration and 70 percent royalties from gas exploration the period of 25 years. This is
so that the provinces will have an opportunity to accelerate its development to a level on a par with
other more developed provinces. After 25 years the amount
of royalties will be reduced by 20 percent
respectively. As a sign of its true commitment, the central government will also allocate 2 percent of the total
national allocation fund specifically for the advancement of education and health .services in Papua. A calculation for budget
year 20.02 arrives at the sum of 7 trillion
rupiahs, an increase
of 100 percent from the previous budget year.
In economic
the sector, the law also specifies that the economy
of Papua is targeted towards
the generating wealth
and improving the welfare
of the people and is to be carried
out. by respecting the rights of the customary community. The economy should
be a community-based and every
economic transaction by the local
government, regencies/municipalities and investors should involve the customary community.
To uphold,
advance, and protect
human rights in Papua
Province, the government will set up a representative
of the National Commission for Human
Rights (Komnas HAM), a human rights
court, and a Truth and Reconciliation Commission
in Papua. The Truth
and Reconciliation Commission
will be tasked with clarifying the history of Papua in order to enhance
the unity and integrity of the Indonesian nation and to draw up and devise
reconciliation measures.
The
Special Autonomy for Papua is much more than the autonomy granted
to all other provinces by way
of Law No. 22/1999
on Regional Government
and No 25/1999 on Financial Equilibrium between
Central and Regional Governments.
It is more Wide-ranging and expected to bring real changes to Papua
as has been long aspired
for. Together with the continuing dialog between the Papuan
people and the central government, it will provide a window of opportunity to achieve stability
and prosperityin this easternmost Indonesian province.
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