Abstract
This Comment examines Indonesia’s governance over West Papua, analyzing how the 2001 Special Autonomy Law and its 2021 amendments have undermined Papuans’ right to self-determination. Although the 2001 law aimed to enhance regional autonomy and protect Indigenous rights, it has largely failed, fueling protests, human rights violations, and militarization. These ongoing issues trace back to the 1962 United States brokered “New York Agreement,” which transferred administrative control to Indonesia following Dutch withdrawal. By excluding Papuans from key decisions, such as the “Act of Free Choice,” Indonesia entrenched systemic abuses that continue to shape the region’s political landscape.
Building on this historical context, this Comment argues that the 2021 amendments to the Special Autonomy Law deepened the erosion of Papuan autonomy by further centralizing governance, weakening regional bodies, and tightening Indonesia’s control over local political structures and resources. Indonesian Constitutional Court decisions have failed to address these shifts, allowing the removal of regional powers to perpetuate instability and reinforce systemic abuses. This Comment highlights gaps in both the original law and its amendments and concludes with a proposal to integrate provisions from the ICCPR and ICESCR to promote human rights and advance Papuans’ long-denied right to self-determination.
First Page
83
Recommended Citation
Maanasa
Pamganamamula
A Route to Self-Determination: Empowering the West Papuan Region Through Targeted Special Autonomy Law Reforms and ICCPR/ICESCR Integration,
22
Loy. U. Chi. Int'l L. Rev.
83
().
Available at:
https://lawecommons.luc.edu/lucilr/vol22/iss1/5