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Views & Perspectives
Agreement Between the Republic of Indonesia and the Kingdom of the
Netherlands Concerning West New Guinea (West Irian)
(Signed at the Headquarters of the United Nations, New
York, on 15 August 1962)
The Republic of Indonesia and the Kingdom of the Netherlands,
Having in mind the interests and welfare of the people of the territory of
West New Guinea (West Irian) herinafter referred to as "the
territory",
Desirous of settling their dispute regarding the territory,
Now, therefore, agree as follows:
RATIFICATION OF AGREEMENT AND RESOLUTION OF
THE GENERAL ASSEMBLY OF THE UNITED NATIONS
Article I
After the present Agreement between Indonesia and the Netherlands has
been signed and ratified by both Contracting Parties, Indonesia and the
Netherlands will jointly sponsor a draft resolution in the United Nations
under the terms of which the General Assembly of the United Nations takes
note of the present Agreement, acknowledges the role conferred upon the
Secretary-General of the United Nations therein, and authorizes him to
carry out the tasks entrusted to him therein.
TRANSFER OF ADMINISTRATION
Article II
After the adoption of the resolution referred to in article I, the
Netherlands will transfer administration of the territory to a United
Nations Temporary Executive Authority (UNTEA) established by and under the
jurisdiction of the Secretary-General upon the arrival of the United
Nations Administrator appointed in accordance with article IV. The UNTEA
will in turn transfer the administration to Indonesia in accordance with
article XII.
UNITED NATIONS ADMINISTRATION
Article III
In order to facilitate the transfer of administration to the UNTEA
after the adoption of the resolution by the General Assembly, the
Netherlands will invite the Secretary-General to send a representative to
consult briefly with the Netherlands Governor of the territory prior to
the latter' s departure. The Netherlands Governor will depart prior to the
arrival of the United Nations Administrator.
Article IV
A United Nations Administrator, acceptable to Indonesia and the
Netherlands, will be appointed by the Secretary-General.
Article V
The United Nation Administrator, as chief executive officer of the
UNTEA, will have full authority under the direction of the
Secretary-General to administer the territory for the period of the UNTEA
administration in accordance with the terms of the present Agreement.
Article VI
The United Nations flag will be flown during the period of the United
Nations administration.
With regard to the flying of the Indonesian and Netherlands flags, it
is agreed that this matter will be determined by agreement between the
Secretary-General and the respective Governments.
Article VII
The Secretary-General will provide the UNTEA with such security forces
as the United Nations Administrator deems necessary; such forces will
primarily supplement existing Papuan (West Irianese) police in the task of
maintaining law and order. The Papuan Volunteer Corps, which on the
arrival of the United Nations Administrator will cease being part of the
Netherlands armed forces, and the Indonesian armed forces in the territory
will be under the authority of, and at the disposal of, the
Secretary-General for the same purpose. The United Nations Administrator
will, to the extent feasible, use the Papuan (West Irianese) police as a
United Nations security force to maintain law and order and, at his
discretion, use Indonesian armed forces. The Netherlands armed forces will
be repatriated as rapidly as possible and while still in the territory
will be under the authority of the UNTEA.
Article VIII
The United Nations Administrator will send periodic reports to the
Secretary-General on the principal aspects of the implementation of the
present Agreement. The Secretary-General will submit full reports to
Indonesia and the Netherlands and may submit, at his discretion, reports
to the General Assembly or to all United Nations Members.
FIRST PHASE OF THE UNTEA ADMINISTRATION
Article IX
The United Nations Admlnistrator will replace as rapidly as possible
top Netherlands officials as defined in annex A with non-Netherlands,
non-Indonesian officials during the first phase of the UNTEA
administration which will be completed on 1 May 1963. The United Nations
Administrator will be authorized to employ on a temporary basis all
Netherlands officials other than top Netherlands officials defined in
annex A, who wish to serve the UNTEA, in accordance with such terms and
conditions as the Secretary-General may specify. As many Papuans (West
Irianese) as possible will be brought into administrative and technical
positions. To fill the remaining required posts, the UNTEA will have
authority to employ personnel provided by Indonesia. Salary rates
prevailing in the territory will be maintained.
Article X
Immediately after the transfer of administration to the UNTEA, the
UNTEA will widely publicize and explain the terms of the present
Agreement, and will inform the population concerning the transfer of
administration to Indonesia and the provisions for the act of
self-determination as set out in the present Agreement.
Article XI
To the extent that they are consistent with the letter and spirit of
the present Agreement, existing laws and regulations will remain in
effect. The UNTEA will have power to promulgate new laws and regulations
or amend them within the spirit and framework of the present Agreement.
The representative councils will be consulted prior to the issuance of new
laws and regulations or the amendment of existing laws.
SECOND PHASE
Article XII
The United Nations Administrator will have discretion to transfer all
or part of the administration to Indonesia at any time after the first
phase of the UNTEA administration. The UNTEA's authority will lease at the
moment of transfer of full administrative control to Indonesia.
Article XIII
United Nations security forces will be replaced by Indonesian security
forces after the first phase of the UNTEA administration. All United
Nations security forces will be withdrawn upon the transfer of
administration to Indonesia.
INDONESIAN ADMINISTRATION AND SELF-DETERMINATION
Article XIV
After the transfer of full administrative responsibility to Indonesia,
Indonesian national laws and regulations will in principle be applicable
in the territory, it being understood that they be consistent with the
rights and freedoms guaranteed to the inhabitants under the terns of the
present Agreement. New laws and regulations or amendments to the existing
ones can be enacted within the spirit of the present Agreement. The
representative councils will be consulted as appropriate.
Article XV
After the transfer of full administrative responsibility to Indonesia,
the primary task of Indonesia will be further intensification of the
education of the people, of the combating of illiteracy, and of the
advancement of their social, cultural and economic development. Efforts
also will be made, in accordance with present Indonesian practice, to
accelerate the participation of the people in local government through
periodic elections. Any aspects relating to the act of free choice will be
governed by the terms of this Agreement.
Article XVI
At the time of the transfer of full administrative responsibility to
Indonesia a number of United Nations experts, as deemed adequate by the
Secretary-General after consultation with Indonesia, will be designated to
remain wherever their duties require their presence. Their duties will,
prior to the arrival of the United Nations Representative, who will
participate at the appropriate time in the arrangements for
self-determination, be limited to advising on, and assisting in,
preparations for carrying out the provisions for self-determination except
in so far as Indonesia and the Secretary-General may agree upon their
performing other expert functions. They will be responsible to the
Secretary-General for the carrying out of their duties.
Article XVII
Indonesia will invite the Secretary-General to appoint a Representative
who, together with a staff made up, inter alia, of experts referred to in
article XVI, will carry out the Secretary-General's responsibilities to
advise, assist and participate in arrangements which are the
responsibility of Indonesia for the act of free choice. The
Secretary-General will, at the proper time, appoint the United Nations
Representative in order that he and his staff may assume their duties in
the territory one year prior to the date of self-determination. Such
additional staff as the United Nations Representative might feel necessary
will be determined by the Secretary-General after consultations with
Indonesia. The United Nations Representative and his staff will have the
same freedom of movement as provided for the personnel referred to in
article XVI.
Article XVIII
Indonesia will make arrangements, with the assistance and participation
of the United Nation Representative and his staff, to give the people of
the territory the opportunity to exercise freedom of choice. Such
arrangements will include:
(a) Consultations (Musyawarah) with the representative councils on
procedures l and appropriate methods to be followed for ascertaining the
freely expressed will of the population;
(b) The determination of the actual date of the exercise of free choice
within the period established by the present Agreement;
(c) Formulation of the questions in such a way as to permit the
inhabitants to decide (a) whether they wish to remain with Indonesia; or
(b) whether they wish to sever their ties with Indonesia;
(d) The eligibility of all adults, male and female, not foreign
nationals, to participate in the act of self-determination to be carried
out in accordance with international practice, who are resident at the
time of the signing of the present Agreement and at the time of the act of
self-determination, including those residents who departed after 1945 and
who return to the territory to resume residence after the termination of
Netherlands administration.
Article XIX
The United Nations Representative will report to the Secretary-General
on the arrangements arrived at for freedom of choice.
Article XX
The act of self-determination will be completed before the end of 1969.
Article XXI
After the exercise of the right of self-determination, Indonesia and
the United Nations Representative will submit final reports to the
Secretary-General who will report to the General Assembly on the conduct
of the act of self-determination and the results thereof.
The Parties to the present Agreement will recognize and abide, by the
results of the act of self-determination.
RIGHTS OF THE INHABITANTS
Article XXII
The UNTEA and Indonesia will guarantee fully the rights, including the
rights of free speech, freedom of movement and of assembly, of the
inhabitants of the area. These rights will include the existing rights
of the inhabitants of the territory at the nine of the transfer of
administration to the UNTEA.
The UNTEA will take over existing Netherlands commitments in respect
of concessions and property rights.
After lndonesia has taken over the administration it will honour those
commitments which are not inconsistent with the interests and economic
development of the people of the territory A joint
Indonesian-Netherlands commission will be set up after the transfer of
administration to Indonesia to study the nature of the above-mentioned
concessions and property rights.
During the period of the UNTEA administration there will be freedom of
movement for civilians of Indonesian and Netherlands nationalities to
and from the territory.
Article XXIII
Vacancies in the representative councils caused by the departure of
Netherlands nationals, or for other reasons, will be filled as appropriate
consistent with existing legislation by elections, or by appointment by
the UNTEA. The representative councils will be consulted prior to the
appointment of new representatives.
FINANCIAL MATTERS
Article XXIV
Deficits in the budget of the territory during the UNTEA
administration will be shared equally by Indonesia and the Netherlands.
Indonesia and the Netherlands will be consulted by the
Secretary-General in the preparation of the UNTEA budget and other
financial matters relating to United Nations responsibilities under the
present Agreement; however, the Secretary- General will have the final
decision.
The Parties to the present Agreement will reimburse the
Secretary-General for all costs incurred by the United Nations under the
present Agreement and will make available suitable funds in advance for
the discharge of the Secretary-General's responsibilities. The Parties
to the present Agreement will share on an equal basis the costs of such
reimbursements and advances.
PREVIOUS TREATIES AND AGREEMENTS
Article XXV
The present Agreement will take precedence over any previous agreement
on the territory. Previous treaties and agreements regarding the
territory, may therefore be terminated or adjusted as necessary to conform
to the terms of the present Agreement.
PRIVILEGES AND IMMUNITIES
Article XXVI
For the purposes of the present Ageement, Indonesia and the Netherlands
will apply to the United Nations property, funds, assets and officials the
provisions of the Convention on the Privileges and Immunities of the
United Nations. In particular, the United Nations Administrator, appointed
pursuant to article N, and the United Nations Representative, appointed
pursuant to article XVII will enjoy the privileges and immunities
specified in section 19 of the Convention on the Privileges and Immunities
of the United Nations.
RATIFICATION
Article XXVII
The present Agreement will be ratified in accordance with the
constitutional procedures of the Contracting Parties.
The instruments of ratification will be exchanged as soon as possible
at the Headquarters of the United Nations by the accredited
representatives of the Contracting Parties.
The Secretary-General will draw up a process-verbal of the exchange of
the instruments of ratification and will furnish a certified copy
thereof to each Contracting Party.
ENTRY INTO FORCE
Article XXVIII
The present Agreement will enter into force upon the date of the
adoption by the General Assembly of the resolution referred to in
article I of the present Agreement.
Upon the entry into force of the present Agreement, the
Secretary-General of the United Nations will register it in accordance
with Article 102 of the Charter.
AUTHENTIC TEXT
Article XXIX
The authentic text of the present Agreement is drawn up in the English
language. Translations in the Indonesian and Netherlands languages will be
exchanged between the Contracting Parties.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly
authorized for that purpose by their respective Governments, have signed
the present Agreement.
DONE at the Headquarters of the United Nations, New York, on the
fifteenth day of August 1967, in three identical copies, of which one
shall be deposited with the Secretary-General and one shall be furnished
to the Government of each of the Contracting Parties.
For the Republic For the Kingdom
of Indonesia: of the Netherlands:
(Signed) SUBANDRIO (Signed) J.H. VAN ROUEN
(Signed) C. W.A. SCHURMANN
_______
Note: In accordance with article XXVIII, the Agreement came into force on
21 September 1962, the date of the adoption by the General Assembly of the
resolution envisaged in article 1 of the Agreement (A/RES/1752 (XVII)).
The Instruments of ratifications were exchanged on 20 September 1962 at
the Headquarters of the United Nations, in accordance with article XXVII.
(Source: Department of Foreign Affairs of the Republic of Indonesia)
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The Rome Joint Statement
Text of the Joint Statement Following the Discussions
Held Between the Netherlands Minister of
Foreign Affairs Mr. Luns and the Netherlands Minister for
Development Cooperation Mr. Udink with
the Indonesian Minister for Foreign Affairs Mr. Malik
in Rome on 20th and 21st May, 1969
- The Netherlands Ministers for Foreign Affairs and for Development
Assistance Mr. J.M.A.H. Luns and Mr. B.J. Udink and the Minister for
Foreign Affairs of the Republic of Indonesia Mr. Adam Malik met on May
20 and 21, 1969, at Rome, Italy. The Ministers held thorough
discussions on matters of bilateral interest with special emphasis on
the implementation of the provisions of the New York Agreement of 1962
with regard to the Act of Free Choice in West Irian. Extensive
discussions took place about the economic and social development in
West Irian.
- With regard to the Act of Free Choice the Indonesian Minister
reaffirmed his Government's intention fully to implement the
provisions of the New York Agreement of 1962. He informed the
Netherlands Ministers in detail of arrangements already made by the
Indonesian Government with regard to the Act of Free Choice in West
Irian after extensive consultations and in full agreement with the
Local representative bodies in West Irian, with the advice, the
assistance and participation of the Representative of the
Secretary-General of the United Nations, Ambassador Ortiz Sanz and his
staff.
- The Indonesian Minister reiterated his Government's position that
for practical and technical reasons for the Act of Free Choice the
Indonesian system of mutual consultation (Musyawarah) offered the best
procedure, this implies that the members of the regional bodies
participating in the consultation will be representatives of the
various political, traditional and functional groups of the respective
districts in such numbers that for every 750 inhabitants of the
territory one representative will be seated.
- The Indonesian Minister explained in extent the present situation in
West Irian. He pointed out that the territory remains open to
observers and foreign correspondents to the limit of the facilities
available.
- The Netherlands Ministers took careful note of the Indonesian
position on these points and of the arguments on which the Indonesian
Government based its choice of the "Musyawarah" system.
Furthermore Mr. Luns and Mr. Udink noted with great interest the
Indonesian Foreign Minister's statement concerning his Government's
particular attention to the special requirements of West Irian.
- Apart from the question of the Act of Free Choice the Minister
discussed economic cooperation. With regard to West Irian they
decided:
- The Indonesian Government on its part will continue to do
everything in its power to speed up the implementation of the
administrative agreements with the United Nations for the FUNDWI
projects. The Netherlands Government on its part reiterated its
willingness to make available the necessary funds for the execution
of these projects so as to ensure that they can be carried out as
soon as possible. The projects concerning air, coastal and river
transport in West Irian should in the opinion of both Governments be
given special priority.
- Both Governments will submit as soon as possible an application to
the Asian Development Bank for a project of technical assistance for
West Irian, concerning the establishment of an inventory of the
economic potential of the territory.
- Both Governments will jointly study the possibility of taking an
initiative within the framework of the Asian Development Bank for
the creation of a special fund for the economic and social
development of West Irian.
- Realizing that the Agreement of August 15th, 1962, was signed in the
spirit of common concern for the future of West Irian, the two
Ministers for Foreign Affairs decided to remain in close touch.
- The Ministers profited of the occasion to exchange views on
important international problems of common interest to their two
countries.
- The discussion took place in a frank and friendly atmosphere
reflecting the close cooperation and the warm and friendly relations
between Indonesia and the Netherlands.
(Source: Department of Foreign Affairs of the Republic of Indonesia)
------------
The History of the Return of Irian Jaya (West Papua) to Indonesia
1. West Irian was part of the Dutch colony since 1828. When the Dutch
recognized Indonesian sovereignty in 1949, the status of Irian Jaya
was yet to be resolved. The Agreement to Transfer the Sovereignty,
signed by Indonesia and the Netherlands in the Hague in November 1949,
stated inter alia:
"the status quo of the Residency of New Guinea shall be
maintained with the stipulation that within a year from the date of
transfer of sovereignty to the Republic of the United States of
Indonesia the question of the political status of New Guinea be
determined through negotiations."
2. Noticing that there were no signs of any solution to the Irian
issue, Indonesia submitted the matter to the United Nations in 1954.
Indonesia's position was endorsed by the Asia Africa Conference in
April 1955 which passed a resolution supporting Indonesia and then
asked the United Nations to assist the two conflicting parties in
reaching for a peaceful solution. Nevertheless, up until 1961 there
was no indication of any peaceful solution despite the fact that the
matter was discussed at the plenary meetings of the United Nations
General Assembly and at Committee One. Meanwhile, diplomatic relations
between the two countries were severed in 1961. The Government of
Indonesia announced a new policy, Tri Komando Rakyat (Trikora),
and the confrontation between the two parties was inevitable. In 1962
an armed fight broke between Indonesia and the Dutch in the western
coast of Irian.
3. Considering the negative development, specifically in an
international relations which were engulfed in the Cold War era, the
United Nations Secretary General U Thant appointed US Ambassador
Elsworth Bunker as mediator to find a solution to the Irian issue
between Indonesia and the Netherlands. The two countries finally
reached an agreement on Irian, as made out in the "Agreement
between the Republic of Indonesia and the Kingdom of the Netherlands
concerning West New Guinea (West Irian)", signed on 15 August
1962 by the Foreign Minister Mr. Subandrio as the representative of
the Government of Indonesia and Mr. J.H. van Roijen and C. Schurmann
as the representatives of the Netherland Government at the United
Nations Headquarters in New York. This agreement was then known as the
New York Agreement.
4. It was agreed by the two parties that the Agreement had to be
ratified before the discussion of the Irian issue at the United
Nations General Assembly and that it would enter into force upon
adoption by the United Nations General Assembly and terminate when all
principles contained therein had been executed. Thus, the New York
Agreement entered into force at the 17th United Nations General
Assembly in 1962 by the adoption of Resolution No. 1752 regarding the
New York Agreement on 21 September 1962.
The New York Agreement: the Legal Foundation for Self
Determination
5. The New York Agreement, which was not only agreed by Indonesia and
the Netherlands, but also accepted by the international community, was
in principle a legal foundation for the implementation of the rights
for self determination in West Irian. The implementation of the
content and spirit of the New York Agreement was monitored by the
international community, thus proving it was not engineered by the
parties involved in the dispute, Indonesia and the Netherlands.
6. The New York Agreement comprising 29 Articles basically contained
the stipulations on:
The transfer of administration from the Netherlands to the United
Nations, in Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11;
The transfer of administration from the United Nations to
Indonesia, in Articles 12 and 13; and
Self determination, in Articles 14, 15, 16, 17, 18, 19, 20, and
21.
7. The transfer of administration from the Netherlands to the United
Nations was implemented after the United Nations Resolution that
adopted the New York Agreement was signed. The United Nations
temporary administration was carried out by the United Nations
Executive Authority (UNTEA), an agency created for the purpose. The
Dutch flag was taken down and the United Nations flag flown. The UN
Secretary General substituted the Dutch security forces with UN
security forces, mostly comprised of West Papuans. The UN Secretary
General would send periodic reports to Indonesia, the Netherlands and
the UN General Assembly. Under the Agreement, the Netherlands
relinquish the governance of Irian to UNTEA effectively on 1 October
1962.
8. As determined by the New York Agreement, the UNTEA Administration in
Irian was divided into two phases, the first started on 1 October 1962
until 1 May 1963. In this phase, Dutch officials were replaced by
non-Dutch and non-Indonesian officials. UNTEA was also required to
disseminate information to the West Papuans regarding the transfer of
administration to Indonesia and the principles of self determination
as specified in the New York Agreement. The second phase of the UNTEA
Administration was to be implemented by bringing into consideration
the local developments and was unbounded by a time limit. When the
United Nations found the time as appropriate, UNTEA would carry out
the transfer of administrative responsibility to Indonesia. Following
the transfer of administrative responsibility to Indonesia, all UNTEA
security personnel would be replaced by Indonesian security personnel
and Indonesian laws and regulations would be applicable in the
territory. This transfer of administration to Indonesia was completed
on 1 May 1963.
9. Subsequent to the transfer of administration to Indonesia, an act of
free choice would be carried out. The principles of the act of free
choice as determined by the New York Agreement were as follows:
The exercise of the act of free choice would be directed by the
advice, assistance, and participation of the United Nations.
The procedure of the act of free choice would be consulted with
the representatives of the people.
The provisions for participation in the act of free choice would
comply with international practices.
The United Nations and Indonesia would present the report on the
act of free choice to the UN General Assembly.
Indonesia and the Netherlands would acknowledge and be bound by
the result of the act of free choice.
10. It was evident that the New York Agreement, as the legal basis for
the act of free choice, did not state that the principle of "one
man, one vote" had to be employed on the act of free choice/self
determination in Irian (Penentuan Pendapat Rakyat or PEPERA
in short). The New
York Agreement was composed such as to ensure the transparency of the
implementation of the act of free choice, by encompassing the elements
of advice, assistance, and participation of the United Nations and UN
reports to the international community by way of the UN General
Assembly.
PEPERA as the Formal Process of Act of Self Determination
11. In realizing its mandate, the United Nations appointed Ambassador
Fernando Ortiz Sanz from Bolivia as the representative of the UN
Secretary General to carry out the responsibility of providing advice,
assistance, and participation, and to report on the implementation of
the act of self determination. Ambassador Ortiz Sanz arrived in
Jakarta on 12 August 1968 and proceeded to Irian on 22 August 1968 to
establish the UN office in Jayapura. The office was opened on 4 August
1969.
12. The New York Agreement did not specifically stated the procedure and
method of the implementation of the act of free choice. Therefore, the
appropriate means that was suitable to the level of social, economic,
and cultural development and the geography of West Irian needed to be
established. This was due to the fact that the New York Agreement did
not require the implementation "one man, one vote" system on
the act of self determination. There was no engineering involved and
no cause for suspicion, for the reason that according to international
law, there was no obligation that an act of self determination had to
apply a "one man, one vote" system.
13. To establish the best way to implement the act of self determination
in Irian, Indonesia held a meeting with the United Nations in Jakarta
and in New York. Based on the result of the meeting, Indonesia
conveyed a note to Ambassador Ortiz Sanz on 18 February 1969 that
basically contained a proposal on the method of the implementation of
the act of self determination, which was as follows:
The act of self determination would be carried out by a
representative assembly in every regency utilizing the system of
democratic deliberation.
The representative assembly would be comprised of three
representatives: a regional representative elected by the community,
a functional representative representing the political, social,
cultural, and religious interests, and a traditional representative
consisting of directly elected tribal representatives.
The method had to be first consulted with the people of Irian as
determined by the New York Agreement.
14. Responding to the proposal, the UN Representative stated that the
United Nations was prepared to cooperate and participate on the
implementation of the act of free choice. The United Nations also
actively participated in the process of consultation between the
Indonesian Government and the people of West Irian on the method of
implementation of the act of free choice. The method of consultation
was finally decided as the most appropriate for the implementation of
the act of free choice. The Djakarta Times on 26
February 1969 in the article "UN and the Netherlands
Approve Indonesian Policy on Act of Free Choice" wrote
that "the United Nations and the Dutch Government have approved
the policy of the Indonesian Government on the act of free choice in
West Irian by way of consultations and not by one man, one vote
system." Meanwhile, The Indonesian Observer on
24 February 1969 in the news article "West Irian
Legislators Endorse Voting Method" reported that
"the Regional Legislature of Merauke regency (kabupaten)
has issued a statement emphasizing that if the act of free choice
should be conducted at all it should be through the regional
legislatures by means of representative voting."
15. Based on the above, the act of free choice in Irian was conducted
utilizing the representative and deliberation system. During the
process of the act of free choice from 14 July to 2 August 1969, the
Representative of the UN Secretary General actively participated in
the process according to his mandate and responsibilities as outlined
in the New York Agreement. In his report to the General Assembly, the
Representative of the UN Secretary General Envoy stated inter alia:
"The Petitions opposing annexation to Indonesia … show that
without doubt certain elements of the population of West Irian held
firm convictions in favour of independence. Nevertheless, the answer
given by the consultative assemblies to the questions put to them
was an unanimous consensus in favour of remaining with
Indonesia."
"Finally, on the basis of the facts presented in this report
and the documents referred to, it can be stated that with the
limitations imposed by geographical characteristics of the territory
and the general political situation in the area, the act of free
choice has taken place in West Irian in accordance with Indonesian
practice, in which the representatives of the population have
expressed their wish to remain with Indonesia."
17. After analyzing Indonesia's and the United Nations’ reports and
other documentation, the 24th UN General Assembly on 19 November 1969
adopted Resolution 2504 (XXIV) that legalized the act of self
determination in Irian Jaya as determined by the New York Agreement:
"Bearing in mind that, in accordance with article XXI,
paragraph 2, both parties to the Agreement have recognized these
results and abide by them,"
"Takes note of the report of the Secretary General and
acknowledges with appreciation the fulfilment by the Secretary
General and his Representative of the tasks entrusted to them under
the Agreement of 15 August 1962 between the Republic of Indonesia
and the Kingdom of the Netherlands concerning West New Guinea (West
Irian)".
18. Upon the adoption of UN General Assembly Resolution 2504 (XXIV), the
act of free choice by way of deliberation, not "one man, one
vote", was accepted by the international community. From that
point on, the international community recognized, de jure
and de facto, that the region of Irian Jaya was an
integral part of the Unitary State of Indonesia. This international
recognition could not be annulled or revoked, for not one country in
the world could challenge the legitimacy of the territory of Irian
Jaya as part of the Unitary State of the Republic of Indonesia. The
principle of integrity and sovereignty of any state is one of the main
principles embodied in the United Nations Charter. Consequently, any
separatist movement would be rejected by the international community,
as it violated the principles and objectives of the United Nations.
The Rome Joint Statement
19. In accordance with the New York Agreement, apart from consulting the
United Nations on the implementation of the Act of Self Determination,
Indonesia also kept the Netherlands informed of any developments. In
the framework of bilateral meeting between Indonesia and the
Netherlands, held in Rome on 20-21 May 1969, both parties agreed to
issue a Joint Statement on the subjects touched and agreements reached
at the meeting. Indonesia was represented by Foreign Minister Adam
Malik at the meeting, whilst the Netherlands was represented by
Foreign Minister Luns and Developmental Cooperation Minister Udink.
19. The Rome Joint Statement stated inter alia:
The Indonesian Foreign Minister reiterated the Indonesian
Government's intention to fully implement the conditions set out in
1962 New York Agreement. The Foreign Minister advised the Dutch
Ministers in detail about the measures taken by the Indonesian
Government regarding the act of free choice in West Irian after the
comprehensive consultation with and the approval of the regional
representative institutions in West Irian, and with the advice,
assistance, and cooperation of the Representative of the UN
Secretary General Ambassador Ortiz Sanz and his assistants.
The Indonesian Foreign Minister reiterated the position of the
Indonesian Government that due to technical and practical problems,
the implementation of the act of free choice with the Indonesian
system of deliberation was the best procedure. The Foreign Minister
explained that West Irian would be accessible to analysts and
foreign correspondence.
On economic cooperation, it was agreed that the Netherlands would
provide the funds for the UN FUNDWI Projects. Projects on air, coast
and river transportation should be made a priority. Both countries
would forthwith convey a technical assistance project proposal to
the Asian Development Bank in the form of a list of the territory's
economic potentials.
Conclusions
20. The implementation of the act of self determination was carried out
democratically and in a transparent manner by involving the people of
Irian Jaya by way of consultation on the method of the act of free
choice. The whole process of the act of free choice involved the
participation, assistance, and advice of the United Nations and in
turn was acknowledged by the international community (the United
Nations General Assembly).
21. It was clear that the PEPERA as the implementation of the act of
free choice was not legally flawed. A unilateral interpretation and
misinterpretation of the New York Agreement and attempts to twist
perceptions that the New York Agreement had to exercise ‘one man,
one vote’ system was certainly not justified and not true to the
fact.
(Source: Directorate of International Organizations ,
Department for Foreign
Affairs)
Related Documents:
Agreement between the Republic of Indonesia and the Kingdom of the
Netherlands concerning West Papua New Guinea (West Irian)
The Rome Joint Statement
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Facts on Indonesia's Sovereignty over Irian Jaya
Questions and Answers
1. What was the nature of the Irian Jaya issues ? Was this issue a case
of decolonization or incomplete decolonization of Indonesia ?
Irian Jaya was a bilateral matter between the Netherlands and Indonesia
regarding an incomplete process of decolonization of the Netherlands East
Indies. Irian Jaya was neither a separate entity nor a non-self-governing
territory detached from the Netherlands East Indies. The problem arose
when the Netherlands insisted on maintaining its presence in the western
half New Guinea. At the beginning, there was no international dimension to
this problem until Indonesia brought the issue to the United Nations in
1954 after all bilateral means had been exhausted. Therefore, it would not
be relevant to draw a comparison between East Timor and Iran Jaya as the
crux of the problem is totally different. East Timor was recognized by the
United Nations as a non-self-governing territory, with Portugal as the
administering power, while Irian Jaya remained an resolved question of
decolonization of Indonesian territory of what was once the Netherlands
East Indies. It was the disruption of the Dutch decolonization process in
1949 that led to struggle of more than a decade by Indonesia to
consolidate its territorial integrity and sovereignty over Irian Jaya.
2. Did the Dutch renege on its earlier agreements with Indonesia ?
The Dutch reneged on a series of commitments made prior to the Round
Table Conference of 1949 in Den Haag. For before that time, there was
never any doubt in the negotiations between the Dutch and the Indonesians
on the status of Irian Jaya. This is reflected in several agreements
concluded between Indonesia and Netherlands : The Linggardjati Agreement
of 1947 explicitly stated " The United States of Indonesia shall
comprise the entire territory of the Netherlands East Indies". The
Renville Agreement of 1948 further underlined " Sovereignty
throughout the Netherlands Indies is and shall remain with the Kingdom of
Netherlands until, after a stated interval, the Kingdom of the Netherlands
transfers its sovereignty to the United States of Indonesia", and the
Roem-Van Royen Agreement of 1949 which in sum stated that the "United
States of Indonesia shall comprise of the entire territory of the
Netherlands East Indies in accordance with the terms of the Revile
Agreement". Two other documents prove in an unmistakable way that it
had never been the intention of the Dutch to separate West Papua from the
rest of the East Indies colony. These were the Netherlands Constitution of
1948 and the Netherlands Report on its colony to the United Nations in
1949. Later, the Round Table Conference of 1949 settled the conflict
between the two countries, resulting in the full recognition and
acceptance by the Netherlands of the independence and sovereignty of
Indonesia. It did not however settle the conflict in a comprehensive
manner as it left out the territory of West New Guinea. In Indonesia’s
view, this constituted a case of incomplete decolonization. For, it left
out the unsettled question of West New Guinea was to be resolved within a
period of one year after the transfer of sovereignty to Indonesia through
peaceful negotiations between the Government of Indonesia and the
Netherlands.
3. On what basis did Indonesia claim sovereignty over Iran Jaya ?
As far as Indonesia was concerned it was the legal successor to all
territories, which during colonial times were called the Netherlands East
Indies, in accordance with the provisions of agreements concluded between
the two countries as well as by established international legal
principles. Thus, it viewed Irian Jaya as an integral part of the Republic
of Indonesia at the time of the proclamation of independence on August 17,
1945. In this regard, it should be emphasized that the international
principle of "uti posseditis juns" asserts that the boundaries
of nascent post-colonial countries conform to their pre-sovereign ones.
For whatever reasons, in principle and logic, the issue of tittle ends
there.
4. Why did Iran Jaya become an issue at the United Nations ?
The bilateral question became an issue at the United Nations because
Indonesia brought up the matter before the UN General Assembly at its
ninth session in 1954 as no progress had been made to resolve this matter
in the bilateral talks and therefore there was a need to solicit
international support. Such support was further obtained at the Bandung
conference of 1955 and was incorporated into the final communique
requesting to the United Nations to help the two sides reach a peaceful
solution. The United Nations General Assembly discussed this items from
the years 1954 to 1957 and then again in 1961 but a peaceful solution
provide elusive.
5. What were the background developments to the New York Agreement in
1962 ?
For eight long years, the General Assembly had been unable to assist
the parties in finding a solution. In light of the breakdown of relations
between the two countries, Indonesia therefore availed of the initiative
of the United Nations Secretary-General to join the Netherlands in
informal discussions. Both the Indonesian and Netherlands Governments
agreed to the intermediary of the Secretary-General U Thant and Ambassador
Eilsworth Bunker of the United States of America. Largely due to their
tireless efforts and coupled with the desire of both Governments, a
bilateral settlement was reached between Indonesia and the Netherlands,
with the conclusion of the New York Agreement.
6. What was the role of the UN with regard to the question of West
Papua ? Who were the parties to that Agreement ?
The role of the United Nations was limited to an intermediary one. In
this regard, it should be noted that Article XVII of the New York
Agreement stated "Indonesia will invite the Secertary-General to
appoint a Representative who, together with a staff made up, inter alia,
of experts refered to in Article XVI, will carry out the
Secretary-General’s responsibilities to advise, assist and participate
in arrangements which are the responsibility of Indonesia". It is
also pertinent to note that financial expenses incurred by the
Secretary-General were borne by the Indonesian and the Netherlands
Governments in equal shares. Nothing was to be paid for by the United
Nations. From the outset, the UN’s involvement was aimed at finding a
solution to bilateral matter through dialogue and peaceful means.
7. What are the salient features of the New York Agreement ?
The central feature of the agreement was the provision for an initial
transfer of administration of this territory from the Netherlands to an
interim UN authority (United Nations Temporary Executive Authority/UNTEA)
effective 1 October 1962 and then for a final transfer from UNTEA to
Indonesian control after 1 May 1963.
In addition, it was stipulated that an act of free choice would take
place before the end of 1969 in order to determine whether or not the West
Papuans peoples wished to remain subject to Indonesian jurisdiction, the
arrangements of which were to rest solely with the Indonesian Government.
It is important to stress that the Agreement was clearly a bilateral one
and not called for by resolution of the United Nations or by any other
mandate of the General Assembly.
8. Were the transfers of authority in Irian Jaya from the Dutch to the
UN and later from the UN to Indonesia in line with the terms of the
Agreement ?
The transfers of administration from the Netherlands to the UNTEA
(United Nations ) took place on 1 October 1962, in accordance with Article
V and VI of the New York Agreement, in a ceremony when the UN flag was
raised and flown side by side with that of the Netherlands. Later, on 31
December 1962, the Netherlands flag was replaced by the Indonesian flag
and flown next to the UN flag. In line with the provisions of Article XII
of the New York Agreement, the Administrator of UNTEA, transferred full
administrative control to Indonesia on 1 May 1963. The transfer of
administration from the Netherlands to UNTEA and thereafter to Indonesia
was achieved peacefully and without incident. The population was prepared
for the changes to be brought about by the Agreement. The disruption of
essential public services was avoided and continuity in employment was
maintained.
9. What were the grounds to pronounce that the act of free choice in
1969 was internationally acceptable and valid?
The act of free choice was final, legal and irrevocable as Article XVII
of the Agreement was implemented whereby the representative councils of
Irian Jaya were consulted on the appropriate procedures and methods to
ascertain the will of the people. Indonesia’s proposal was accepted and
the enlarged councils, which included a total of 1,026 members, pronounced
themselves, unanimously on behalf of the people of Irian Jaya to remain
with Indonesia. Considering the specific difficulties of the terrain and
the condition of the population at that time, the modalities of
consultations with the representatives councils on procedures on methods
were the best option to ascertain the free will of the people. This
position was also reflected in the Secretary Generals report to the
General Assembly in 1969 in which his quoted his Representatives
conclusions of the implementation of the act of free choice by stating
that "…it can be stated that, with the limitation impose by the
geographical characteristics of the territory and the general political
situation in the area, an act of a free choice in West Irian…". It
is also noteworthy to point out was that this episode mark a significant
event for the United Nations, considering it’s participation in such an
activity for the first time.
In sum, it is an indisputable fact that the people of Irian Jaya
exercise their right of self-determination through an act of free choice
conducted from 14 July to 2 August 1969 in accordance with the relevant
provision of the 1962 New York agreement.
10. Was the UN successful in mediating the bilateral conflict between
Indonesia and the Netherlands? Why did the United Nations General Assembly
only take note of the result of the New York Agreement?
Bearing in mind the limited role of the United Nations in this
conflict, in can be concluded that the Organization was successful in
acting as a mediator by bringing to an end long-standing bilateral dispute
between Indonesia and the Netherlands. Indeed, the United Nations had
completed its task finding a lasting and peaceful solution to a question,
which could have post a real threat to regional security and stability of
South East Asia. In affirming the successful outcome of this act of free
choice, UNGA resolution 2504 (XXIV) only took note of the result of the
New York Agreement in light of its bilateral nature while acknowledging
with appreciation the fulfillment of the Secretary General and his
representatives of the tasks entrusted to them under the Agreement of 1962
between the Republic of Indonesia and the Kingdom of the Netherlands.
In reflecting the overwhelming support of the international community,
the latter solution was adopted with 84 members voting in favor, none
against and 30 absence, as the entire process had met the requirements of
the New York Agreement. It should be recalled in this context the earlier
UNGA 1752 (XVII) had taken note of that instrument went authorizing the
Secretary General to carry out the task entrusted to him. The UNGA took
note of the Agreement as envisaged in the Article 1 of the Agreement which
says that ‘… Indonesia and the Netherlands will jointly sponsor a
draft resolution in the United Nations under the term of which the General
Assembly of the United Nations takes note of the present Agreement.
11. Is the claim of the Second Congress of Papua in June 2000 that
Irian Jaya has been independent since 1 December 1961 true?
Such a claim without foundation as the fact of free choice had already
been conducted in line with the provisions of the New York Agreement and
all parties, including the United Nations, played their respective roles
and fulfilled their responsibilities. In this regard it should be
reiterated that the UN General Assembly has noted the results of the act
of free choice through resolution 2504 (XXIV) and thus consideration on
this question cannot be renewed. The Dutch never recognized Irian Jaya as
a sovereign entity, a fact which was confirm in the proceedings of the New
York Agreement in 1962. Neither did they ask the other party to the
bilateral Agreement challenge its outcome. Irian Jaya as an integral part
of Indonesia occupies a status equal to the other provinces, its people
join political parties, participate in election and send representatives
to the Indonesian Parliament.
12. Considering the historical evolution and contemporary developments,
what is the most appropriate solution to the issue?
The issue of Irian Jaya has to be put in the right perspective that
Irian Jaya was an integral part of the Netherlands East Indies during the
Dutch colonialism. The Japanese occupation from 1942 to 1945 as well
during the proclamation of Indonesian independence in 1945 the restoration
of Indonesian sovereignty through the transfer of authority from United
Nations Temporary Executive Authority (UNTEA) to Indonesia and the
conclusion of the act of free choice solidified Indonesia’s territorial
sovereignty over Irian Jaya. Therefore, any solution to the issue must be
within the framework of the unitary state of the Republic of Indonesia. It
is important to stress that Indonesia is a multi-ethnic and multi-cultural
and multi-linguistic nation with "unity in diversity" as its
model. It is therefore important to find common ground to bridge
differences among its peoples as differences are common in democratic
societies through out the world. One such way is to accord greater
autonomy to provinces, including Irian Jaya at the regional level so that
the people can improve their lives an assured access to the government.
Indeed, regional autonomy is destined to emerge as a unifying factor of a
diverse, united and democratic Indonesia.
Problems arising of the province of Irian Jaya has to be dealt with on
a national basis and the Government would view any attempt to disrupt
Indonesia’s sovereignty over Iran Jaya as interference in the internal
affairs of a sovereign state.
(Source: Permanent Mission of the Republic of Indonesia to the United
Nations in New York, April 2001)
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