title: Impact of the 1962 New York Agreement on Indigenous West Papuans’ Political, Cultural and Territorial Rights: A historical and legal analysis of West Papuans’ rights to self-determination

authors: Tabuni, Kerinus Kerry

subjects: Indigenous People of West Papua

abstract: West Papua was incorporated into Indonesia under the 1962 New York Agreement, which was signed between the Netherlands and Indonesia without involving indigenous West Papuans. The Agreement attempted to legitimise Indonesia’s claim of sovereignty over West Papua. It is the narrative around this Agreement that effectively dictates indigenous West Papuans' lives, including their subjugation to historical and ongoing human rights violations. This thesis closely examines the legal grounds of Indonesia’s claim, with a particular focus on whether the New York Agreement was legitimately and authentically implemented through the processes of the 1969 Act of Free Choice.

Using primary and secondary sources, this thesis examines the legality of Indonesia’s occupation in West Papua. It begins with the circumvention of international laws that prevented indigenous West Papuans from gaining the benefit of international decolonisation regimes during international decolonisation periods, which ultimately led to the re-colonisation of West Papua. A careful historical examination confirms that the indigenous people of West Papua have lost their legitimate standing in international law. The thesis contends the intentions behind the creation of the New York Agreement were not genuine, but that the Agreement was a purposely imposed colonising law to recolonise the territory.

By employing key legal arguments, this thesis contends that Indonesia's sovereignty claim over West Papua is legally invalid, historically unjustified and morally unacceptable. On reviewing both historical and ongoing violations of the human rights in the region, this thesis further argues that an internationally mandated process of self-determination should be considered as a legal remedy. The claims of indigenous West Papuans are historically supported, legally grounded and empirically demonstrated. This thesis establishes legal frameworks within the international law and institutions that can be utilised as practical pathways to West Papuan self-determination, with a particular focus on options within the United Nations systems.

text: Impact of the 1962 New York Agreement on Indigenous West Papuans’ Political, Cultural and Territorial Rights: A historical and legal analysis of West Papuans’ rights to self-determination West Papua was incorporated into Indonesia under the 1962 New York Agreement, which was signed between the Netherlands and Indonesia without involving indigenous West Papuans. The Agreement attempted to legitimise Indonesia’s claim of sovereignty over West Papua. It is the narrative around this Agreement that effectively dictates indigenous West Papuans' lives, including their subjugation to historical and ongoing human rights violations. This thesis closely examines the legal grounds of Indonesia’s claim, with a particular focus on whether the New York Agreement was legitimately and authentically implemented through the processes of the 1969 Act of Free Choice.

Using primary and secondary sources, this thesis examines the legality of Indonesia’s occupation in West Papua. It begins with the circumvention of international laws that prevented indigenous West Papuans from gaining the benefit of international decolonisation regimes during international decolonisation periods, which ultimately led to the re-colonisation of West Papua. A careful historical examination confirms that the indigenous people of West Papua have lost their legitimate standing in international law. The thesis contends the intentions behind the creation of the New York Agreement were not genuine, but that the Agreement was a purposely imposed colonising law to recolonise the territory.

By employing key legal arguments, this thesis contends that Indonesia's sovereignty claim over West Papua is legally invalid, historically unjustified and morally unacceptable. On reviewing both historical and ongoing violations of the human rights in the region, this thesis further argues that an internationally mandated process of self-determination should be considered as a legal remedy. The claims of indigenous West Papuans are historically supported, legally grounded and empirically demonstrated. This thesis establishes legal frameworks within the international law and institutions that can be utilised as practical pathways to West Papuan self-determination, with a particular focus on options within the United Nations systems.

year: 2022

title: Evaluation of a denitrifying bioreactor to improve water quality of tertiary treated water using DGT

authors: Dougherty, Hannah L.

subjects: denitrifying bioreactors

abstract: A proven nitrogen remediation strategy, denitrifying bioreactors are a low cost, edge-of-field approach for removing nitrate from subsurface drainage waters. The methodology to evaluate the performance of denitrifying bioreactors has remained practically unchanged for many years and is largely dependent upon grab sampling to evaluate their performance. In this study, a controlled flow denitrifying bioreactor treating wastewaters was used to evaluate a monitoring technique called Diffusive Gradients in Thin-Films (DGT) in place of grab sampling. Corbett et al., (in press) previously showed that DGT could replace high frequency grab sampling (e.g. hourly to daily) and significantly improve upon traditional low frequency sampling. Importantly, DGT provided NO3- concentrations comparable to high frequency grab sampling but require less time on site. In the current study, the bioreactor provided complete removal of nitrate within 4 meters with influent NO3- concentrations ranging from 9.7 to 15.9 mg NO3- L-1 over the four deployments. This study also demonstrated how grab samples can easily overestimate and underestimate NO3- removal with low frequency data providing a removal rate of 6.3 to 19.6 g N m-3 d-1 because of the infrequency of sampling. The time-weighted average concentrations calculated using Purolite AE520 DGT provided nitrate removal rates (NRR) that ranged from 5.7 to 9.4 g N m-3 d-1. This removal rate was higher than many other bioreactors most likely because influent wastewater contained dissolved organic carbon that could also support high denitrification. A Q10 of 3.9 was calculated using the NRR from this study and Corbett et al., (in press) illustrating that temperature was a determining factor in NO3- removal. A survey of redox reactions was also undertaken with oxygen, sulfate, methylmercury and total mercury measured. Sulfate reduction also measured for each deployment (average of 3.6 g S m-3 d-1; 1.7 to 5.10 g S m-3 d-1) via grab sampling. Methylmercury and total mercury concentrations were consistently below health guidelines. No phosphate reduction was observed. This study showed how DGT can provide more accurate NO3- removal data and were easier to use compared to traditional point-in-time grab sampling.

text: Evaluation of a denitrifying bioreactor to improve water quality of tertiary treated water using DGT A proven nitrogen remediation strategy, denitrifying bioreactors are a low cost, edge-of-field approach for removing nitrate from subsurface drainage waters. The methodology to evaluate the performance of denitrifying bioreactors has remained practically unchanged for many years and is largely dependent upon grab sampling to evaluate their performance. In this study, a controlled flow denitrifying bioreactor treating wastewaters was used to evaluate a monitoring technique called Diffusive Gradients in Thin-Films (DGT) in place of grab sampling. Corbett et al., (in press) previously showed that DGT could replace high frequency grab sampling (e.g. hourly to daily) and significantly improve upon traditional low frequency sampling. Importantly, DGT provided NO3- concentrations comparable to high frequency grab sampling but require less time on site. In the current study, the bioreactor provided complete removal of nitrate within 4 meters with influent NO3- concentrations ranging from 9.7 to 15.9 mg NO3- L-1 over the four deployments. This study also demonstrated how grab samples can easily overestimate and underestimate NO3- removal with low frequency data providing a removal rate of 6.3 to 19.6 g N m-3 d-1 because of the infrequency of sampling. The time-weighted average concentrations calculated using Purolite AE520 DGT provided nitrate removal rates (NRR) that ranged from 5.7 to 9.4 g N m-3 d-1. This removal rate was higher than many other bioreactors most likely because influent wastewater contained dissolved organic carbon that could also support high denitrification. A Q10 of 3.9 was calculated using the NRR from this study and Corbett et al., (in press) illustrating that temperature was a determining factor in NO3- removal. A survey of redox reactions was also undertaken with oxygen, sulfate, methylmercury and total mercury measured. Sulfate reduction also measured for each deployment (average of 3.6 g S m-3 d-1; 1.7 to 5.10 g S m-3 d-1) via grab sampling. Methylmercury and total mercury concentrations were consistently below health guidelines. No phosphate reduction was observed. This study showed how DGT can provide more accurate NO3- removal data and were easier to use compared to traditional point-in-time grab sampling.

year: 2019

title: Desirable attributes for medical graduates: The health aspirations and needs of Maaori living in Te Rohe Pootae

authors: Maikuku, Victoria Louisa Wikitoria

abstract: Health disparities for Maaori, the tangata whenua of Aotearoa New Zealand, are prevalent when compared to the health of European New Zealanders, and even more so in remote and rural communities where access to health-care services is limited. Moreover, Maaori are underrepresented in the medical workforce in which there is a serious and escalating shortage of doctors and nurses.

In the context of the University of Waikato’s proposal to establish a Graduate Entry Medical School, Te Huataki Waiora School of Health has identified the need for a collaborative approach to ‘growing’ a fit-for-purpose health workforce with the skills and commitment to care for and work with Maaori (and Pacific peoples) living in remote and rural communities. This study thus explores the health perspectives, needs, and aspirations of Maaori living in and around the King Country rural service towns of Te Kuiti and OOtorohanga. Conducted by a Ngaati Maniapoto tribal member, the location for the study is known by Maaori as Te Rohe Pootae - the lands of Rereahu/Maniapoto, to which the Waikato people sort refuge after the invasion and confiscation of their lands in the 1860s. The perspectives, needs, and aspirations of Pacific peoples living in these communities have been explored in a ‘sister’ Masters study conducted by Janina Galewski.

The present exploratory study incorporates a co-design research process underpinned by an Indigenous health framework with Kaupapa Maaori values. Kanohi ki te kanohi (face to face) semi-structured interviews were conducted with 30 community members, 11 males and 19 females aged 18 years and over. The data analysis included a combination of values, verses and holistic, and provisional coding methods (focused, thematic, descriptive) (Saldana, 2021).

The findings reveal that these community members view themselves as either rural or remote based on distance, access to services, and geographic isolation, but not population numbers. In terms of services, they want a mobile health workforce including clinics, carers, doctors, nurses; mental health workers who are equipped with the resources and time needed to reach and serve their patients; and better access to dialysis and related services. The research also identifies three healthcare strategies. When ill or injured, one-third of the group go directly to their GP; one-third try other things before seeking medical assistance, including going home to their parents and/or to their marae for comfort and advice, ‘going bush’ to (re)connect with nature, and forms of pure (cleansing rituals); and although the remaining third are registered with medical centres they do everything they can to avoid seeing a doctor at all. Instead, they rely on rongoaa and other ‘complementary and alternative’ treatments such as physiotherapists, chiropractors, osteopaths, and other healers. 

Adopting and adapting a table created by Woolley et al. (2013), the findings also revealed three sets of desirable attributes for medical graduates (and other healthcare professionals): Skill-based attributes include quality care and communication skills, knowledge-based attributes include medical knowledge and culturally appropriate knowledge, while attitude-based attributes include personality and community engagement. This framework can be used to inform a medical education curriculum, with a specific emphasis on the health needs and aspirations of Maaori living in rural and remote communities.

text: Desirable attributes for medical graduates: The health aspirations and needs of Maaori living in Te Rohe Pootae Health disparities for Maaori, the tangata whenua of Aotearoa New Zealand, are prevalent when compared to the health of European New Zealanders, and even more so in remote and rural communities where access to health-care services is limited. Moreover, Maaori are underrepresented in the medical workforce in which there is a serious and escalating shortage of doctors and nurses.

In the context of the University of Waikato’s proposal to establish a Graduate Entry Medical School, Te Huataki Waiora School of Health has identified the need for a collaborative approach to ‘growing’ a fit-for-purpose health workforce with the skills and commitment to care for and work with Maaori (and Pacific peoples) living in remote and rural communities. This study thus explores the health perspectives, needs, and aspirations of Maaori living in and around the King Country rural service towns of Te Kuiti and OOtorohanga. Conducted by a Ngaati Maniapoto tribal member, the location for the study is known by Maaori as Te Rohe Pootae - the lands of Rereahu/Maniapoto, to which the Waikato people sort refuge after the invasion and confiscation of their lands in the 1860s. The perspectives, needs, and aspirations of Pacific peoples living in these communities have been explored in a ‘sister’ Masters study conducted by Janina Galewski.

The present exploratory study incorporates a co-design research process underpinned by an Indigenous health framework with Kaupapa Maaori values. Kanohi ki te kanohi (face to face) semi-structured interviews were conducted with 30 community members, 11 males and 19 females aged 18 years and over. The data analysis included a combination of values, verses and holistic, and provisional coding methods (focused, thematic, descriptive) (Saldana, 2021).

The findings reveal that these community members view themselves as either rural or remote based on distance, access to services, and geographic isolation, but not population numbers. In terms of services, they want a mobile health workforce including clinics, carers, doctors, nurses; mental health workers who are equipped with the resources and time needed to reach and serve their patients; and better access to dialysis and related services. The research also identifies three healthcare strategies. When ill or injured, one-third of the group go directly to their GP; one-third try other things before seeking medical assistance, including going home to their parents and/or to their marae for comfort and advice, ‘going bush’ to (re)connect with nature, and forms of pure (cleansing rituals); and although the remaining third are registered with medical centres they do everything they can to avoid seeing a doctor at all. Instead, they rely on rongoaa and other ‘complementary and alternative’ treatments such as physiotherapists, chiropractors, osteopaths, and other healers. 

Adopting and adapting a table created by Woolley et al. (2013), the findings also revealed three sets of desirable attributes for medical graduates (and other healthcare professionals): Skill-based attributes include quality care and communication skills, knowledge-based attributes include medical knowledge and culturally appropriate knowledge, while attitude-based attributes include personality and community engagement. This framework can be used to inform a medical education curriculum, with a specific emphasis on the health needs and aspirations of Maaori living in rural and remote communities.

year: 2022