American Bar Association Presentation of the International Criminal Law Committee<\/p>\n
By Kaila Hall<\/p>\n
<\/p>\n
On May 28, 2024, the American Bar Association hosted a webinar1<\/sup> on \u201cAddressing Gender Based Violence and Environmental Crimes in West Papua.\u201d This event was co-sponsored by the South Asia, Oceania, and India Committee in co-operation with the International Association of Genocide Scholars. The panel featured Szilvia Csev\u00e1r, Lecturer and Researcher of Public International Law at The Hague University of Applied Sciences, as well as Fadjar Schouten-Korwa, a human rights lawyer in the Netherlands, and David Whyte, Professor of Climate Justice at Queen Mary University of London. Bruce Zagaris, Partner at Berliner Corcoran & Rowe LLP in Washington, D.C. moderated the event.<\/p>\n Located on the western half of the island of New Guinea, West Papua\u2019s indigenous population consists of nearly 51% of the island. It has a unique biodiversity and is the world’s third-largest rainforest after the Amazon and Congo. Throughout its tumultuous history, West Papua has been subject to colonial rule. In 1526, the Portuguese arrived and instituted control over New Guinea. In the aftermath of World War II, a period of decolonization globally ensued. Indonesia received its independence from the Netherlands in 1961. In the following year, the United States mediated negotiations between the Dutch and the UN in what became known as the New York Agreement2<\/sup>. However, in 1963, Indonesia invaded West Papua and eventually formalized its rule in 1969 with the Act of Free Choice3<\/sup> referendum. West Papuans refer to this as the \u201cAct of No Choice4<\/sup>.\u201d Today, due to the island\u2019s rich natural resources, foreign interference, mining, and extraction \u200b\u200befforts have remained routine. Consequently, this has exacerbated tensions between the indigenous population, Indonesia, and other foreign entities, contributing to numerous human rights violations. At the ABA webinar, panelists provided key insight on gender-based violence, genocide, and climate crimes that are taking place in West Papua and the possible solutions to end the commission of international crimes.<\/p>\n Fadjar Schouten-Korwa began by discussing the continued repression of the indigenous Papuan population through environmental crime. Approximately 60,000 women and children have been displaced5<\/sup> to date with no access to food, healthcare, and education. She highlighted the clear link between repression by the Indonesian government and the extensive exploration of natural resources. Her primary area of focus is advocating against human rights violations and environmental crimes in West Papua from an indigenous perspective. In her presentation, she particularly noted the involvement of the US-owned company Freeport-McMoRan which has been extracting gold from the Grasberg mine since 1967. Today, there are daily discharges of 200,000 tonnes of toxic tailings6<\/sup> due to ongoing mining, leading to a multitude of environmental issues, such as deforestation and the poisoning of local rivers. Schouten-Korwa also noted the role of palm oil and timber extraction in causing environmental harm. Additionally, she observed that despite legal protections for indigenous populations enshrined in the UN Declaration on the Rights of Indigenous Peoples7<\/sup>, the Indonesian Constitution8<\/sup>, and the Special Autonomy Law for West Papua9<\/sup>, indigenous rights have continued to be trampled on by the Indonesian government. Ultimately, she argued that these human rights abuses and lack of self-determination are inextricably linked to the unfinished decolonization of the island.<\/p>\n Next, Szilvia Csev\u00e1r presented her research on patterns of gender-based violence as well as the environmental factors that have driven this marginalization in West Papua. Csev\u00e1r argued that the long-term colonization of the island through extensive resource extraction and exploitation has contributed to climate change and violence against indigenous women in particular. She reiterated that the ongoing political conflict is propelled by the Grasberg mine extractions of palm oil. Indonesia is the world\u2019s largest exporter of palm oil with 58% of the global market share10<\/sup>. She argued that the Indonesian government has weaponized the role of the military to oppress the indigenous population and deny their human rights. Through sexual violence and abuse, the Indonesian military has committed crimes against indigenous women who have tried to defend their land around the mine, resulting in their displacement and increased tensions within the local community. By committing these abuses, the Indonesian military spreads fear and contributes to the victimization of women and young girls in the local community. Through this displacement, the Indonesian government has seized their land and has furthered their natural resource extraction. Since the Indonesian government prevents investigative bodies from entering West Papua, there is a major crackdown on information surrounding these incidents.<\/p>\n In the last presentation, David Whtye connected what he labeled the \u201cpredatory extractivism form of industrial development\u201d with the ongoing human rights violations as well as gender and racial violence in West Papua. The Indonesian government has attempted to legitimize its actions under the pretext of racial stereotypes. Whyte cited a recent protest at the Indonesian Supreme Court in which activists from the local community demanded that the development of palm oil be suspended. Previously, a moratorium was implemented, but it has since been lifted. The speaker further addressed<\/p>\n climate crime, primarily underlining the effects of the new Wabu Block gold mine and the Trans-Papua Highway. An Amnesty International study11<\/sup> found that between 2020 and 2021, 12 people had been killed unlawfully as a result of these conditions in Indonesia. In recent years, the Indonesian military has also regularly conducted drone and rocket strikes on villages, increasing displacement levels.<\/p>\n Additionally, Whyte mentioned that the palm oil expansion results in the loss of forestry12<\/sup>, leading to soil erosion, the destruction of the island\u2019s unique biodiversity, as well as the loss of the carbon sink.<\/p>\n The speaker pivoted to a discussion on additional involvement by foreign entities. He noted that British Petroleum (BP) and a Chinese national oil company currently invest in West Papua\u2019s gas industry at the Tangguh LNG liquified natural gas plant in the Bay of Boni. Consequently, these companies\u2019 actions disrupt ancestral grounds and engender further offenses. This particular conflict reached a boiling point in 2011 when the BP-funded Security Forces conducted Operation Sweep and Crush13<\/sup> in which over 140 people were detained and seven people were executed in extrajudicial killings. Although the definition of climate crimes does not encompass these human rights abuses, Whyte ultimately argued that the international law community should broaden its understanding of climate crimes.<\/p>\n In the final section of the webinar, panelists brainstormed potential legal responses by non-governmental organizations to the situation in West Papua. Fadjar Schouten-Korwa indicated that the primary obstacle to defending the indigenous Papuan population is their lack of political power. She also emphasized the necessity of incorporating indigenous knowledge in counteracting environmental degradation. Szilvia Csev\u00e1r added that decolonization never fully occurred, as the \u201cAct of Free Choice\u201d violated the Indonesian Constitution. Although the UN Declaration on the Rights of Indigenous Peoples constituted a significant historical achievement, it remains a \u201csoft instrument\u201d to end the human rights abuses in West Papua because it lacks enforcement power contrary to a treaty. David Whyte identified the crucial role of environmental defenders in advocating for Papuan rights. By empowering these activists and adhering to the Aarhus Convention14<\/sup>, Whyte believed the increased transparency around environmental information would make these Indigenous struggles visible. He reiterated international law\u2019s major lack of enforceability under its current terms. Additionally, despite recent European trends of bringing class action lawsuits against multinational corporations involved in committing atrocities, this is not the case for West Papua. However, Whyte cited the European Union, OECD, G20, and G7 as possible actors that could intervene as they have previously regarding carbon and conflict minerals. In concluding the panel discussion, Csev\u00e1r and Whyte emphasized the importance of a popular movement in terminating gender-based violence and climate crimes in West Papua. A recording of the webinar can be viewed here: https:\/\/www.youtube.com\/watch?v=PmSDoty1gtg&feature=youtu.be<\/a><\/p>\n <\/p>\n Kaila Hall is an intern at IELR. She is a rising senior at Cornell University.<\/p>\n [1] ABA International. \u201cAddressing Gender Based Violence and Environmental Crimes in West Papua\u201d, 28 May 2024,\u00a0 https:\/\/www.youtube.com\/watch?v=PmSDoty1gtg&feature=youtu.be<\/a><\/p>\n [2] United Nations. \u201cNo. 6311 INDONESIA and NETHERLANDS.\u201d United Nations Treaty Collection<\/em>, United Nations, 15 Aug. 1962, treaties.un.org\/.<\/p>\n [3] \u201cAct of Free Choice.\u201d International Parliamentarians for West Papua<\/em>, www.ipwp.org\/background\/act-of-free-choice\/.<\/p>\n \u200c[4] Free West Papua Campaign. \u201c48 Years since the Act of No Choice.\u201d Free West Papua Campaign<\/em>, 2 Aug. 2017, www.freewestpapua.org\/2017\/08\/02\/56-years-since-the-act-of-no-choice\/<\/a>.<\/p>\n [5] \u201cIn West Papua, Thousands upon Thousands of Displaced People Lack Basic Life-Giving Services.\u201d World Council of Churches<\/em>, www.oikoumene.org\/news\/in-west-papua-thousands-upon-thousands-of-displaced-people-lack-basic-life-giving-services.<\/p>\n \u200c[6] Richard. \u201cDeath and Destruction Caused by Mining in West Papua, but Rio Tinto Denies Responsibility.\u201d London Mining Network<\/em>, 11 Apr. 2018, londonminingnetwork.org\/2018\/04\/death-and-destruction-caused-by-mining-in-west-papua-but-rio-tinto-denies-responsibility\/<\/a>.<\/p>\n