Study on Indigenous Peoples Rigths to Participate in Decision Making

STUDY ON INDIGENOUS PEOPLES RIGTH TO PARTICIPATE IN DECISION MAKING

Indigenous Peoples of West Papua did not participate in Decision making at all Government level.

Government at Local level such as village did not involving the indigenous communities leaders and religious leaders in planning the development programme and participating in Decision making in conducting the development activities in the area around the indigenous communities.

The village government make the decision without the participation of indigenous village communities. In Ambai village the project activity in building the cement road which is only the decision of village administration.

At the Provincial level, the Government did not involving indigenous peoples directly in development planning programme. In this year 2010 Papua Provincial Government plan to build the Ring Road, this programme creating the public debate between the Government and indigenous peoples. Indigenous peoples want the Government to build the proper market place for the indigenous peoples of West Papua but the government want to build the ring road. This have shown that indigenous peoples have no rights to participate in decision making, because this is the strong policy of Government to implement the development activities and not care with the aspiration of indigenous peoples.

The Government never made the consultation and Free Prior and Inform Consent with the indigenous peoples, the government make sure the indigenous peoples should follow and just agree with the plan and decision making they have made.This one side decision making creating many problems between indigenous peoples and the government, because the government did not fulfilled the needs of indigenous peoples then emerge various conflict that never end.

In connection with the Indigenous Peoples Rights to Participate in Decision Making within the development programme for the indigenous peoples of West Papua that implementing by UN Special Agency such ILO. Indigenous peoples of West Papua have been involved as directly from the beginning process in consultation. Come to the implementation of ILO Project in Papua province, the indigenous people of West Papua within West Papua Interest Association did not participate in decision making to determine the project location and this were done as one side by ILO and Government.

Special Autonomy and the Expansion of Province and Regency in Papua

The Special Autonomy Law No. 21 of the Year 2001 have change become the Law No.35 of the Year 2009. The change that have been made did not involving the indigenous peoples and this is the mistake of Indonesia Central Government, and the Central Government not yet done the socialization or dissemination of information about the change of Special Autonomy law No. 21 of the year 2001.

According to the Special Autonomy Law that the change made, if the agreement from indigenous peoples of West Papua, however that happen the whole peoples of West Papua did not known about the change and only the few peoples. Therefore it’s against the rule’s also the indigenous peoples and the People’s Council House Representative of PapuaProvince not participate in decision making. The Deputy Governor of PapuaProvince was shocked to hear about the change of Special Autonomy Law was revised become the Law No.35 of the year 2009.

Indigenous peoples of West Papua did not get involved in decision making about expansion of province in PapuaProvince and the Regency. The expansion of province and regency was only for the certain officer that want to become the Governor or Head of Regency because the loss during the election.

This is very clear that the Government Policy have more power from the participation of Indigenous peoples in Decision Making that have done from Indonesia Central Government, Papua Provincial government and at the local level.

------