WEST PAPUA NATION-STATE SOVEREIGNTY & REFORMING AUSTRALIA’S CONSTITUTION

WEST PAPUA NATION-STATE SOVEREIGNTY & REFORMING AUSTRALIA’S CONSTITUTION

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Jim Aubrey started this petition

Petition written by Jim Aubrey for Australian citizens to be presented to Australian Federal Parliament House of Representatives and Senate, Canberra, Australia.

(Note: The use of the words “Canberra” and “Jakarta” in this petition are solely used in the respective representational context of The Commonwealth Government of Australia and The Republic of Indonesia.)

A. Regarding the Australian Government’s complicity for 60 years to the Indonesian Government’s state-sponsored terrorism and crimes against humanity in West Papua through direct and indirect financial and political support and through the promotion of policies of acquiescence and appeasement bedded in economic pragmatism;

B. Regarding constitutional reform to the Commonwealth of Australia’s constitution to provide statutory prevention of cooperation and support, including policies of acquiescence and appeasement and economic pragmatism, to and for any nation-state guilty of crimes against humanity, including genocide and ecocide. This includes but is not limited to, the prevention of the following:

  • geopolitical ties (treaties, and de facto and de jure recognition of annexation),
  • economic ties – treaties, financial subsidies and grants,
  • military training, weapons sales and defence treaties, and
  • trade agreements and commercial assistance with Australian corporations through mining and agriculture industries.

1.  The petitioners hereby request for following actions from the Australian Government to be enacted immediately and equally request that these actions are to remain in force until the Republic of Indonesia has peacefully withdrawn all military and security forces, militia groups and transmigrants from West Papua, until the Republic of Indonesia has irrevocably withdrawn its illegal and spurious claim to the sovereign nation-state of West Papua, and until the Republic of Indonesia has provided adequate financial compensation to the West Papuan people for the 60 years of ongoing crimes against humanity and for environmental devastation from mining and deforestation:

a.  The expulsion of the Indonesian ambassador;

b.  The closure of the Indonesian embassy and all Indonesian consulates throughout Australia;

c.  The dissolution of all treaties between the Commonwealth of Australia and the Republic of Indonesia that legitimize in any manner or form Indonesia’s illegal occupation and annexation of West Papua. This includes, but is not limited to, The 2006 Agreement Between the Republic of Indonesia and Australia on the Framework for Security Cooperation ("The Lombok Treaty"), The Australia-Indonesia Agreement on Maintaining Security, and The Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA);

d.  The introduction of Australian autonomous sanctions to prevent any commercial activities with Indonesia by Australian citizens and Australian-registered bodies corporate overseas.

2.  The petitioners also request the Australian Government provides significant financial restitution to the people of West Papua as an act of atonement for the heartless business-only policy of cooperation with Indonesia during 60 years of Jakarta’s crimes against humanity in the sovereign nation-state of West Papua.

3.  The petitioners also request the Commonwealth of Australia reform and revise the Commonwealth constitution to include the following additional chapters to the constitution, as well as the other parliamentary reforms listed below:

a.  Commonwealth of Australia Constitution Chapter IX Charter of Ethical Governance for Federal and State Parliamentary Compliance (a constitutional code of conduct which will mirror the United Nations Human Rights Charter and allow governance to be transparent and accountable);

b.  Commonwealth of Australia Constitution Chapter X Judicial and Parliamentary Expulsion Penalties for Non-compliance to Chapter IX;

c.  Federal Parliament annual parliamentarian ethical behaviour and governance audit by a non-affiliated private sector body;

d.  Federal Parliament annual parliamentarian performance review by a non-affiliated private sector body; and

e.  Federal Parliament abolition of parliamentary privilege. (The same prerequisite workplace code of conduct and standards of behaviour for all Australians.)

4.  The undersigned of this petition do not acknowledge the illegitimate claim by Jakarta to republic demarcation boundaries based on the territorial circumference of the spice islands archipelago established through colonial conquest from 1595 onwards by a seafaring trading company known as the Dutch East India Company, which ruled with government and military support during the so-called golden age of the Netherlands. Historically, the island of New Guinea was illegally divided by force by the conquering colonial empires of Great Britain, Germany, and the Netherlands. Accordingly, the territorial claims of one nation-state (Indonesia) cannot supersede the territorial integrity of an existing nation-state (West Papua).

5.  The undersigned of this petition do not acknowledge any previous recognition of The Republic of Indonesia’s claim to West Papua in any international or national arena be it the United Nations and/or by any nation-state government. We also understand that, historically, The Republic of Indonesia never had any intention of anything other than the military occupation and annexation of West Papua and never had any intention of allowing a fair and democratic referendum by the West Papuan people in 1969 – called the Act of Free Choice –  where the general population was not allowed to vote and where the mining agreement/licence granted to American mining corporation, Freeport Sulphur Co, is said to have occurred two years before the Act of Free Choice when the-then General Suharto sold the Freeport Corporation a 30-year mining license for the El Dorado of the world's largest gold and copper deposits that became the Grasberg Mine. The New York Times newspaper report on 18 August 1968 titled ‘Indonesia Puts Out Welcome Mat’ displays a photo of a helicopter landing construction supplies with the caption reading ‘Parts of prefabricated house are delivered to a copper mine in West Irian (former Dutch New Guinea) operated by Freeport Indonesia, a subsidiary of the Freeport Sulphur Co’.

6.  The undersigned of this petition do not acknowledge the right of any hostile, and foreign-speaking, military occupation force to conduct any question of sovereignty, thereby we the petitioners reject the result of Indonesia’s 1969 Act of Free Choice in West Papua. We also understand that Jakarta’s deceitful geopolitical intentions aligned with the deceitful geopolitical intentions of influential western political and business leaders, thereby ensuring that the future of West Papua and West Papua’s nation-state sovereignty was determined by foreign entities, including mining corporations, and not the West Papuan people who had already claimed nation-state sovereignty in a declaration of independence at the 1961 West Papuan People’s Congress where their new flag – the Morning Star – was raised and the anthem ‘O Papua, My Homeland’ was sung.

7.  The undersigned of this petition acknowledge that all previous recognition by western governments of The Republic of Indonesia’s claim to West Papua was influenced by West Papua’s immense mineral resources and the subsequent vulnerability of indigenous West Papuans to invasion and rule by force. We also acknowledge that exploitation of such vulnerability is the most egregious act of deceitful cowardice unbefitting of so-called enlightened and Christian democracies.

8.  The undersigned of this petition expect political representation that does not waver in any way when dealing with any form of state-sponsored terrorism. We understand that trust in such matters – international law and non-governmental jurisprudence regarding the violation of international law by any nation-state – can no longer be left in the hands of apologists and bystanders to crimes against humanity but that trust and justice must be enforced through constitutional reform and that such reform must include judicial measures and criminal penalties when any parliamentarian attempts to contravene the human rights of freedom from persecution and when such parliamentarians make any attempt to condone, directly or indirectly, state-sponsored terrorism through policies of acquiescence, appeasement, and economic pragmatism.

9.  The undersigned of this petition expect the lives of the victims of state-sponsored terrorism to be above and beyond the mercenary profiteering interests of all governments and corporations (multinational and transnational). That certain companies and company shareholders have reaped the benefit of annual investment dividends while the Melanesian West Papuan people have lived under Jakarta’s state-sponsored terrorism is an obscenity beyond belief. To this end, we expect all governments and corporations which have profited and continue to profit from Indonesia’s illegal annexation of West Papua to withdraw both support and business interests and to make an act of atonement in financial restitution to the West Papuan people.

10.  The undersigned of this petition acknowledge the responsibility of any nation-state to protect the human rights of another nation-state and that nation-state’s people when that nation-state is unable to do so. Accordingly, there exists a duty of care above and beyond vested and commercial and geopolitical interests to refrain from assisting other nation-states in their commission of grave crimes, such as crimes against humanity, and physical and cultural genocide. The petitioners acknowledge the growing interest in international jurisprudence in the duty of care and accountability of third-party nation-states in order that third-party legitimacy of any kind to a nation-state committing state-sponsored terrorism and crimes against humanity is to be considered as third-party complicity in state-sponsored terrorism and crimes against humanity. The petitioners are aware that the Australian government will do everything in its power to ignore its human rights responsibilities for the West Papuan victims of crimes against humanity. These responsibilities have already been ignored for sixty years. Canberra will be unrepentant and remorselessly rigid in its defence of so-called “national interest” and “political realities”. A sickening position of amoral exploitation in a strategic partnership with a nation-state guilty of ongoing crimes against humanity. The petitioners recall that the Commonwealth of Australia has an appalling history in the dispossession of indigenous people, the Aboriginal and Torres Strait Islanders, with many injustices for First Nation peoples still unresolved. To this end, the petitioners will hold this Australian Government, both prime minister and relevant cabinet ministers, and the prime minister and relevant cabinet ministers of any newly elected Australian Government, accountable as wilful criminal associates and willing accessories to Jakarta’s state-sponsored terrorism and, where possible, subject to investigation at the International Criminal Court (ICC), with the action of ICC judicial prosecution if a case for third-party accountability is established and justice is warranted. The petitioners will also, where possible and warranted, hold past government leaders and relevant cabinet ministers accountable in the same manner of prosecution and accountability at the International Criminal Court.

11.  The undersigned of this petition acknowledge the right of the First Nation people of West Papua under international law to self-determination. However, the petitioners regard the status of nation-state sovereignty as determined by the 1961 West Papuan People’s Congress to be solely and undisputedly the right of nationhood of the indigenous First Nation people of West Papua.

Australian citizens – make West Papua’s freedom & reforming our Commonwealth constitution federal election issues.

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