Refugees "Indigenous peoples have the right to the restitution of the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, occupied, used or damaged without their free and informed consent. Where this is not possible, they have the right to just and fair compensation." During the Dutch administration of what was known as West New Guinea, there were no border problems with the state of Papua New Guinea, then administered by Australia. Papuan people, largely unaware of artificial boundaries, moved freely across the border, practising traditional activities.     Following     the Indonesian  takeover  of  the administration of West Papua, in 1963 a steady flow of refugees fled over the border into PNG to escape political persecution.
The number grew following the UN referendum, the so-called "Act of Free Choice" in 1969.Opponents to Indonesian occupation, including members of the Free Papua Movement (OPM Organisasi  Papua  Merdeka), began seeking political asylum. The largest exodus took place in 1984, when over 13,000 sought asylum in PNG, most of whom remain today.
There are currently around 10,400 West Papuan refugees living -in East Awin camp and in border camps in PNG, and up to 150 living in exile overseas.  The  United  Nations  High Commission for Refugees ~UNHCR) and the Papua New Guinea government recognises only the 3,100 people in East Awin as refugees. Funding for· the East Awin camp, which consists of around 17 villages, comes mainly from Australia's aid program (AusAID).Health services and education in the camp are conducted by the nearby Catholic Mission as part of its general aid and development work to people in the area.
About 7,000 West Papuan refugees live outside East Awin. Many live in small village communities along the border and others live in urban areas in PNG. Those outside the camp and not holding PNC citizenship, are not recognised as refugees and risk arrest and repatriation to West Papua, for being illegally in PNG. (The PNG government would be forbidden by international law from repatriating them to West Papua if they were recognised as refugees.) They also do not obtain free education and health care. A handful of foreign staff, missionaries and volunteers provide health services, educational and vocational training and small business development expertise, providing opportunities for wood and cane product manufacture, and marketing of foodstuffs.
The refugees face many practical problems. The basic need for the refugees is the right of protection.Since the closure of the UNHCR's Port Moresby office in 1996, there is no international monitoring of the protection of refugees in PNG. They must rely on the good faith of the PNG government. The refugees in the official camp are clearly more visible and, whilst access is difficult, can be visited by NGOs. The refugees along the border and in urban centres have no guaranteed protection from repatriation.
Long term solutions for the refugees still need to be identified. Local integration provides tension between traditional local landowners and refugees.The PNG government can grant permanent residence to the refugees but is yet to confer this on all official refugees.Until this is done, the refugees will have an uncertain future, as well as their health care and education needs.
Australia, whilst having a good record in accepting refugees from around the world, has a reluctance in accepting refugees from Indonesian provinces. East Timorese and West Papuans have difficulty in gaining protection in Australia. The East Timorese have a wide supportive lobby and this has contributed to their resettlement possibilities. The West Papuans are not as fortunate.
West Papuan nationalism and support for the independence struggle carried on by the OPM remains strong in the camps. Many of the refugees are fearful of returning to Indonesian-controlled territory, and their presence in PNG has faded from international concern and scrutiny. The PNG government and the UNHCR have a policy of encouraging voluntary repatriation to West Papua. Since 1985, 3905 refugees have voluntarily returned to West Papua However, the Indonesian government will give no formal guarantees for the returnees' safety or a commitment not to arrest. The UNHCR in Jakarta does not have access to West Papua, and the representative of the International Committee of the Red Cross (ICRC) in Jayapura has been withdrawn. The reluctance of third countries like Australia to take West Papuan refugees remains a stumb~ing block for those who are reluctant to settle in PNG.