DIRECTOR General of Law and International Agreements at the Ministry of Foreign Affairs, Damos Dumoli Agusman, explained that the right to self-determination is completely different from the freedom to separate oneself. This was raised in a webinar themed Let's Talk about Papua: Key Historical and Legal Facts.
"The right to self-determination is a positive right, but the right to secede does not exist in international law, if you say for example Papua has the freedom to separate, what about the Batak people? Madura? Javanese? Do they also have the right to separate? So international law already explained, there are other rules against this freedom," he said, Thursday (29/7).
He said that everyone had the right to self-determination only in the colonial context. "And that's what Indonesia did in 1945," he added.
When Indonesia declared its independence on 17 August 1945, the 1938 Dutch constitution in force at that time stated that West Papua was part of the Dutch East Indies.
"So constitutionally and legally, it is proof that Papua was part of the Dutch East Indies when Indonesia declared its independence," he added.
On that occasion, he also said that the right to self-determination and human rights are two different things.
"Sometimes human rights issues are built with the call for independence. So if you dream of independence, you have to create a human rights issue. So I doubt that the trigger for human rights issues in Papua is purely a human rights issue. Because there are many cases in the world, if you have a dream of independence you have to create a human rights issue. ," he said.
SOURCE: https://mediaindonesia.com/politik-dan-law/421860/kemenlu-cepatkan-no-ada-hak-pemisahan-diri-for-papua
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