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- The United Nations was incapable and in fact failed to Prevent, and at some points deliberately allowed the Violations against UN Charter, UN Declaration of Human Rights and Other International Laws. The UN is legally accountable for its past mistakes on West Papua history that had put Papuans into serious violations of human rights and degradation of human dignity and integrity in the past 39 years.
- Indonesian occupation in West Papua is illegal and Indonesia is accountable for its illegal claims and actions against humanity and human rights in West Papua.
- The USA should be accountable for three main reasons. First, the roles played by the United States and its involvement in various critical and secret negotiations with Indonesia and the Netherlands. Secondly, its support to the genocide programmes in West Papua (transmigration). And finally, the USAis companiesi exploitations of natural resources in West Papua as well as massive and rapid environmental destruction should be widely explained.
- The Kingdom of Netherlands as Colonial Power is responsible for its failure or deliberate compromise with Indonesia in resolving West Papua political future. Documents during the de-colonisation of West Papua show that the Netherlands colluded with Jakarta. When the Dutch on one side encouraging West Papuans to prepare for independence by 1970, at the same time, it colluded with Indonesia and encouraged Indonesia to annex West Papua. This misconduct by the civilised nation has led West Papua to serious violations of human rights. As a colonial power in West Papua, the Netherlands is the most irresponsible colony in the worldis colonial history in resolving problems related to its colonial territories, particularly in West Papua. It created political mess in West Papua and handed it to Indonesia to resolve the mess, a sin that can never be forgotten forever in West Papua.
Legal Basis:
- UN Declaration of Human Rights, Universal Declaration of Human Rights, UNGA resolution 217 A (III) of 10 December 1948.
- Proclamation of Teheran, International Conference on Human Rights at Teheran on 13 May 1968.
- UN International Covenant on Civil and Political Rights, UNGA resolution 2200 A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49.
- Optional Protocol to the International Covenant on Civil and Political Rights, UNGA resolution 2200 A (XXI) of 16 December 1966, entry into force 23 March 1976, according to Article 9.
- UN Declaration on the Granting of Independence to Colonial Countries and Peoples, Resolution A/RES/1514 (XV) of 19 December 1962.
- ILO Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries, adopted on 27 June 1989 by the General Conference of the ILO at its seventy-sixth session, entry into force 5 September 1991.
- UN Declaration on the Elimination of All Forms of Racial Discrimination, UNGA resolution 1904 (XVIII) of 20 December 1963.
- International Convention on the Elimination of All Forms of Racial Discrimination, UNGA resolution 2106 A (XX) of 21 December 1965, entry into force 4 January 1969, in accordance with article 19.
- International Convention on the Suppression and Punishment of the Crime of Apartheid, UNGA resolution 3068 (XXVIII) of 30 November 1973, entry into force 19 July 1976, in accordance with article XV.
- Basic Principles on the Treatment of Prisoners, UNGA resolution 45/111 of 14 December 1990.
- Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UNGA resolution 3452 (XXX) of 9 December 1975.
- Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UNGA resolution 37/194 of 18 December 1982.
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UNGA resolution 39/46 of 10 December 1984.
- Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, UNGA resolution 40/34 of 29 December 1985,
- Declaration on the Protection of All Persons from Enforced Disappearance, UNGA resolution 47/133 of 18 December 1992.
- Freedom of Association and Protection of the Right to Organise Convention, Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise, Adopted on 9 July 1948 by ILO, entry into force 4 July 1950, in accordance with article
- Convention on the Prevention and Punishment of the Crime of Genocide, UNGA resolution 260 A (III) of 9 December 1948.
- Preamble of the Indonesian Constitution 1945.
- Declaration of Papua Peopleis Congress I 1961 (Please refer to attached document)
- Resolution of Papua Peopleis Congress II 2000 (Please refer to attached document)
- Official and legal recognition of the Papua Peopleis Congress I 1961 by colonial power of the Netherlands (Please refer to attached documents)
- Official support from the Indonesian government for the Papua Peopleis Congress II 2000 (Please refer to attached documents)
Conclusion
Based on these legal considerations, we, all People of West Papua, hereby take a legal action against the United Nations for legitimating Indonesia to violate human rights of West Papuan peoples and its failure to uphold its own declarations, resolutions, conventions and codes of conducts.
The United Nations also responsible to take immediate steps against violations of human rights, civil rights, political rights and land rights, committed by its member-states: Indonesia, the USA and the Netherlands.
International community who want to see this world as free from any violations against humanity in any forms are invited to join us in our struggle on the crime against humanity.
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