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WEST PAPUA: A Scandal in the U.N. Decolonisation History -3-
Annex A.
(A/AC.109/PRS/CAP.3)

UNITED NATIONS / NATIONS UNIES


MESSAGE OF THE SECRETARY-GENERAL
TO THE UNITED NATIONS PACIFIC REGION SEMINAR
ON NON-SELF-GOVERNING TERRITORIES
Port Numbay, 8 June 1993

".............................................

The political, economic and social advancement of Non-Self-Governing Territories has been
an important part of the mandate of The United Nations since the organization's very
inception.................................................
But while much has been accomplished, all has not yet been completed. With this in mind,
the General Assembly has declared the 1990s to be the INTERNATIONAL DECADE
FOR ERADICATION OF COLONIALISM BY THE YEAR 2000, and it has adopted a
Plan of Action aimed at making the 21st century "A WORLD FREE FROM
COLONIALISM. ...............................................................................
Charting a course that will satisfy the expectations and aspirations of their (The Non-Self-
Governing Territories) peoples will be a considerable challenge. .......................
This seminar also provides the international community with an opportunity to ascertain at
firsthand the wishes of the remaining Territories concerning their future status. Ensuring
that all DEPENDENT TERRITORIES are FREE to exercise their INALIENABLE
RIGHT TO SELF-DETERMINATION is our COMMON OBLIGATION and our
SHARED DUTY. .............. ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
Cooperation is essential if success is to be achieved. I appeal to everyone concerned to work
with renewed commitment and firm dedication to the spirit of cooperation and partnership.
Working together, we can all move steadily closer to the ultimate goal set by the
GENERAL ASSEMBLY to 'COMPLETE DECOLONIZATION BY THE YEAR 2000.
................. ...... ...... ...... ... ....BOUTROS-BOUTROS-GHALI
SECRETARY-GENERAL - UNITED NATIONS

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WEST PAPUA: A Scandal in the U.N. Decolonisation History -5-
A. WEST PAPUA: absolutely NOT AN

INTEGRAL PART OF INDONESIA

During the Round Table Conference in The Hague, the Netherlands on November 1947
between Indonesia and the Kingdom of the Netherlands, the Head of Indonesian
Delegation to the conference, Vice President of the Republic of Indonesia, Mr.
Mohammad Hatta clearly REPEATED his views, which were previously expressed in
1945 meetings of the Researching Body for the Indonesian Independence, weeks before
the proclamation, regarding the status of West Papua:

"Persoonlijk, wens ik te verklaren dat WEST PAPOEA mij niets kan schelen. Ik erken
dat ook het Papoea Volk het recht heeft een vrije natie te worden"
("Personally, I would like to declare that I have nothing to do with West Papua. I
recognize that the West Papuans also have the right to become a FREE NATION')

The statement solely reflected Mr. Hatta's personal views based on a pure
scholar's objectivity. In capacity as a Vice Head of State, his statement possessed
more legal strength in comparison to Mohammad Yamin and President Soekarno that
had lead Indonesia to the annexation of West Papua.

The legal ground for Mr. Hatta's view regarding the Political Status of West Papua is
pictured as follows:

West Papua Indonesia

Indonesia are
West Papuans are Papua Mongoloids &
01 Anthropological
Melanesoid Melayo-Polynesians/
Austronesians
West Papua is a traditional

WEST PAPUA: A Scandal in the U.N. Decolonisation History -6-


Nation (Homogenous); Nation
Fulfillment of the second (Heterogeneous).
prerequisite for Self-Determination
under the UNGA Resolution 1541).
West Papua is a geographically
connected to Australia by the
Connected to
Sahul Shelf (Separated from
Southeast Asia
03 Geographical Indonesia by Australasia deep
mainland by the
waters; - Fulfillment of the second
Sunda Shelf.
prerequisite for Self-Determination
under the UNGA Resolution 1541).
Indonesia from time
West Papua is not a part of any
to time became part
04 Historical Indonesia empire in the past (No
to various empires in
Historical Proof).
the region in the past.
Political 1602
(A difference of 326
- Dutch Colonial years between the
05 1828
Commencement commencement of
colonial in West
Papua)
Other areas in the
- 28 Oct. 1938
No "JONG PAPOEA" archipelago were
Indonesian
delegation represented West represented by each
National Youth
Papua. delegation
Consensus.
respectively.
- Japanese
Occupation during 1942 – 1944 1942 - 1945
WWII
Members of the
Indonesian
- Pre- No West Papuan Representatives Independence
Independence took part in the Independence Researching Body
preparation Researching Body's activities. represented all parts
of Indonesia from
Sabang to Molucas.
Indonesia, still under
West Papua was freed by the Japanese occupation
Allied Forces in 1944 9 (1 year declared its
- At the time of prior to the Indonesian independence on
Independence independence_ and reverted to August 17, 1945 with

WEST PAPUA: A Scandal in the U.N. Decolonisation History -7-


Administration. Japanese Military
Administration's
assistance.
- Post- Militias involved,
No West Papuan militias took
Independence represented peoples
part in the Indonesian guerilla
Sovereignty from Sabang to
war against the Netherlands.
Defense Struggles Molucas.
Listed in the UN Decolonization Indonesia was listed
- Territorial Status
List as a Non-Self-Governing in the UN
in the United
Territory projected to become fully membership list as an
Nations
independent eventually. Independent State.

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B. THE STATUS OF WEST PAPUA IN
THE INTERNATIONAL LAW
UNDER THE UNDER THE
NETHERLANDS INDONESIAN
POLITICAL STATUS
OCCUPATION (1834) OCCUPATION 1963 -
1950-1963 Now
- Former Dutch Colony.

- Listed in the UN after Annexed and adopted as


WWII as Non-Self- Irian Jaya, the 26th
Governing Territory. Province of the Republic of
1. Territorial Indonesia.
- In the process to become
an independent State of NO LEGAL BASE IN THE
West Papua in compliance INTERNATIONAL LAW
with the UN Decolonisation
Program.
Forced to became a State
Nation (being minorized and
indigenized through
transmigration and
Traditional Nation
Indonesianization Program).
2. National An act that could legally be
(Papua Melanesoid
classified as systematic
Ethnics)
ETHNOCIDE.

NO LEGAL BASE IN THE


INTERNATIONAL LAW
Full Autonomous
Government in the Provisional Government.
preparation to Self-
3. Administrative
Governance in line with NO LEGAL BASE IN THE
the UN Decolonization INTERNATIONAL LAW
Program.

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C. THE CASE
The case of West Papua's RECOLONISATION emerged as victory to Indonesia's
political/ military confrontation against The Kingdom of the Netherlands over
the territory in 1961 (through The Triple Command of the People declared by
Soekarno on December 19th)

For the reason of eliminating West-East tensions of the 1960s Imperialism War
(War of Interests) era, full support was rendered by the United States and the
United Nations in justification of Indonesia's ANNEXATIVE occupation over the
territory, without prior due considerations as to 'The Inalienable Rights' as
well as the 'fate' facing West Papua as a NATION in DECOLONIZATION process.

The United States pressured the Kingdom of the Netherlands to accept 'The
Bunker Plan' (initiated by US Diplomat Ellsworth Bunker). The Plan was
unilaterally agreed upon, signed by the Netherlands and Indonesia (without
West Papua's involvement) as NEW YORK AGREEMENT and implemented with
direct UN participation, stipulating the implementation of the transfer of West
Papua (West New Guinea) from the Dutch Administration to Indonesia.

The United Nations, at the discretion of the US' Policy Makers (Annex B)
formalized the transfer, however, was totally incapable in enforcing all
International Instruments applicable in protection of the rights of the
people.

Many Law as well as Human Rights Instruments, that were specifically


formulated, ratified and adopted internationally, were totally INEFFECTIVE
(and even worst, VIOLATED by the International Community) in the case
West Papua.

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Annex B. THE FOREIGN SERVICE OF THE UNITED
STATES OF AMERICA
SECRET

April 2, 1962

Dear Mr. Prime Minister,

I have been intimately concerned in recent weeks with


the problems facing your Government in arranging an
honorable solution to your dispute with Indonesia over
the disposition of Netherlands New Guinea. I was
disturbed by the cessation of the secret talks between
your representatives and those of Indonesia. However, I
am convinced that a peaceful solution is still possible
provided the two parties are prepared to resume
negotiations in good faith.

The Netherlands Government has made a statesmanlike


effort to meet this pr problem first through the United
Nations and, when that failed, through direct secret
negotiations with the Indonesians. I am appreciative of
the heavy responsibilities which the Dutch Government
supports in protecting its citizens in New Guinea and
understand why you felt it necessary to reinforce your
defense establishment in that area. However, we face a
danger that increasing concentrations of military forces
will result in a clash which will be a prelude to active
warfare in the area. Such a conflict would have adverse
consequences out of all proportion to the issue at
stake.

This would be a war in which neither The Netherlands nor


the West could win in any real sense. Whatever the
outcome of particular military encounters, the entire
free world position in Asia would be seriously damaged.
Only the communists would benefit from such a conflict.
If the Indonesian Army were committed to all out war

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against The Netherlands, the moderate elements within
the Army and the country would be quickly eliminated,
leaving a clear field for communist intervention. If
Indonesia were to succumb to communism in these
circumstances, the whole non-communist position in Viet-
Nam, Thailand, and Malaya would be in grave peril, and
as you know these are areas in which we in the United
States have heavy commitments and burdens.

The Netherlands position, as we understand it, is that


you wish to withdraw from the territory of West New
Guinea and that you have no objection to this territory
eventually passing to the control of Indonesia. However,
The Netherlands Government has committed itself to the
Papuan leadership to assure those Papuans of the right
to determine their future political status. The
Indonesians, on the other hand, have informed us that
they desire direct transfer of administration to them
but they are willing to arrange for the Papuan people to
express their political desires at some future time.
Clearly the positions are not so far apart that
reasonable men cannot find a solution.

Mr. Ellsworth Bunker, who has undertaken the task of


moderator in the secret talks between The Netherlands
and Indonesia, has prepared a formula which would permit
The Netherlands to turn over administrative control of
the territory to a UN administrator. The UN, in turn,
would relinquish control to the Indonesians within a
specified period. These arrangements would include
provisions whereby the Papuan people would, within a
certain period, be granted the right of self-
determination. The UN would be involved in the
preparations for the exercise of self-determination.

My Government has interested itself greatly in this


matter and you can be assured that the United States is
prepared to render all appropriate assistance to the
United Nations when the Papuan people exercise their
right of self-determination. In these circumstances and
in light of our responsibilities to the free world, I
strongly urge that The Netherlands Government agree to

WEST PAPUA: A Scandal in the U.N. Decolonisation History -12-


meet on the basis of the formula presented to your
representative by Mr. Bunker.

We are of course pressing the Indonesian Government as


strongly as we can for its agreement to further
negotiations on the basis of this same formula.

I have written to you in the spirit of frankness and


trust which I hope is appropriate to the relation of our
countries as friends and allies. What moves me is my
conviction that in our common interest the present
opportunities for peaceful settlement in this painful
matter must not be lost.

Sincerely,

/s/ John F. Kennedy

His Excellency Dr. J. E. de Quay


Prime Minister of the Netherlands,
THE HAGUE

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WEST PAPUA: A Scandal in the U.N. Decolonisation History -14-


D. INALIENABLE RIGHTS

International Recognition of Inherent Dignity and of Equal Inalienable


Rights of every Human Being to determine and enjoy his or her life and
freedom (individually or nationally) were clearly stated in the UN Charter
1945, The Universal Declaration of Human Rights - 1948 and other related
International Instruments respectively.

Such Law Subjects should have had been SERIOUSLY taken into
consideration, CONSISTENTLY, and INDISCRIMINATELY enforced
total protection of the Inalienable Rights of West Papua (ns) in the case

Many Law as well as Human Rights Instruments, that were specifically formulated,
ratified and adopted internationally, were totally INEFFECTIVE (and even worst,
VIOLATED by the International Community) in the case West Papua.

E. COLONIZATION

COLONIALISM means ARBITRATY, and 'COLONIZATION' is defined as,

'arbitrary occupation and permanent settlement of undeveloped or a newly acquired


territory by the nationals of a state under the political control that state; sometimes
loosely used to denote the extension of sovereignty by an imperialist power over the
peoples and lands of weaker nations.'

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West Papua was ARBITRARILY CLAIMED and colonized by the Dutch since 1928,
and ARBITRARILY became a matter of conflict between the Netherlands and
Indonesia and ended up in 1963 with Indonesia ceded 'de facto' control, and later 'de
jure' control in 1969 over the territory through ARBITRARY International
ASSISTANCE.

F. DECOLONIZATION
In the course of the 19th century, the colonial powers institutionalized their spheres of
hegemony, the boundaries of their colonial empires in the form of agreements among
each other. The institutionalization was taken over, first by the LEAGUE OF NATIONS,
and later by the UNITED NATIONS.
After WWII, the International Community decided that colonies had THE RIGHT TO
SELF-DETERMINATION (Right to BECOME INDEPENDENT STATES).
The First United Nations Reference to Decolonization is made in the United Nations
Charter - 1945; CHAPTER XI is about GRANTING OF SELF-GOVERNMENT to
Colonized Territories. Article (2) of the Charter stressed self-determination of
peoples. This principle has played an important role in the espousal of the cause of
DECOLONIZATION on the world scene.
The United Nations General Assembly Resolution 66(1) of December 14, 1946, listed
many colonized nations as NON-SELF-GOVERNING TERRITORIES on its
Decolonization List.
In December 1960, the UN General Assembly adopted 2 (two) important
DECOLONIZATION instruments:

1. The UNGA Resolutions 1514 (XV), THE DECLARATION ON THE GRANTING


OF INDEPENDENCE TO COLONIAL OUNTRIESS AND PEOPLES.

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Paragraph 2 of this Resolution states that:
'All peoples have the right to self-determination; by virtue of that right they freely
determine their political status and freely pursue their economics, social and cultural
development;
This paragraph clearly emphasizes THE RIGHT TO SELF-DETERMINATION AS A
RIGHT OF PEOPLES, NOT OF GOVERNMENTS, or of certain POWERS and
INSTITUTIONS.

2. The UNGA Resolution 1541 (XV), that set forth among other things prerequisites
for Self-Determination of countries and nations.
The United Nations also reiterated the view that it was essential that the peoples of the
Non-Self-Governing Territories should be widely acquainted with 'The Declaration
on the Granting of Independence to Colonial Countries and Peoples', contained in its
Resolution 1914 (XV) of 14 December 1961.
The UN General Assembly adopted Resolution 1967 (XVI) on 19 December 1961. In
this resolution the UNGA considered that in the light of the Declaration on the
Granting of Independence to Colonial Countries and Peoples, contained in its
Resolution 1514 (XV) and Resolution 1515 (XV) of 14 December 1960, immediate
steps should be taken to transfer all powers to the peoples of the Non-Self-
Governing Territories, without any conditions or reservations. The United Nations
also requested the Administering Members to continue to transmit the fullest possible
information on political and constitutional development, especially concerning the
activities of the Political Parties and Groups in these Territories, as well as
information showing the extent to which the political, administrative and judicial
machinery in the Territories was in the hands of the Indigenous people.
The dissemination of publicity material relating to the Declaration, in the form of leaflet,
wall-sheets as well as radio talk was widely distributed and broadcasted to the people of
West Papua:

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Radio Talk

LANGUAGE DISTRIBUTION
To six (6) Radio Stations listed by the Netherlands Mission to the
Dutch
United Nations.

Leaflets and Wall-sheets:

LANGUAGE STATUS QUANTITIES OBSERVATIONS


Leaflets:
12,000 8,600 leaflets and 430 wall-sheets
Dutch Printed distributed to 84 addresses supplied by
Wall-sheets: the Netherlands Government.
500

In compliance with adoption of the foregoing principal instruments, the Dutch


Government prepared West Papua in the 1960s for a full self-government by 1970.

It accordingly initiated the preparatory stage of the West Papua's self-governance


process. Up to 40% of the Local Administrative and Technical Positions in 1960 were
held by Papuans; the West Papuan Council established; the National Flag and Anthem
announced on December 01, 1961.

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G. ANNEXATION AND RECOLONIZATION

The Case of West Papua is defined as,

'Internationally Legitimated ANNEXATION, and RECOLONIZATION of a


Non-Self-Governing Territory in advancement (under the U.N.
DECOLONIZATION PROGRAM) to fulfill Independence.'

G.1 CHRONOLOGY OF THE ANNEXATION AND RECOLONIZATION


PROCESS:

1. The UN General Assembly considered the dispute between Indonesia and the
Netherlands over West Papua at its meetings in 1961 and had shown its concern
over the dispute.
2. Following appeals by the Acting Secretary-General (U Thant), Indonesia and the
Netherlands (without involvement of West Papuans) had been engaged in
negotiations seeking to resolve their dispute. They had been assisted by the US
Ambassador to the UN, Mr. Ellsworth Bunker who, at the request of the Acting
Secretary-General, had been acting as a mediator. The President of the USA (J.F.
Kennedy) through Mr. Bunker pressed forward certain proposals (as reflected in
Annex B.), on the basis of which an agreement had been reached. Final
negotiations took place at the U.N. Headquarters in New York under the
Secretary-General chairmanship.
3. The Agreement (known as The New York Agreement/ see Annex C.) between
the Republic of Indonesia and the Kingdom of the Netherlands concerning
West New Guinea (West Papua) was signed at the U.N. Headquarters on 15
August 1962, by representatives of both countries.
4. The Agreement was subject to ratification prior to the consideration of the item
relating to it by the UN General Assembly. It came into force on 21 September
1962, the date of adoption by the UN General Assembly of the Resolution 1752

WEST PAPUA: A Scandal in the U.N. Decolonisation History -19-


(XVII) 'taking note' of the Agreement and authorizing the Secretary-General to
carry out the tasks entrusted to him therein.
5. The Agreement provided that, shortly after it came to force, the Administration of
West New Guinea (West Papua) will be transferred by the Netherlands to a
United Nations Temporary Executive Authority (UNTEA), established by and
under the jurisdiction of the Secretary-General. The UNTEA, which will be
headed by a United Nations Administrator, will in due course, after 1 May, 1963,
transfer the administration to Indonesia.
6. The Agreement contained certain guarantees for the population of the territory,
including 'detailed provisions regarding the exercise of the Right of Self-
Determination under arrangements made by Indonesia with the advice,
assistance and participation of the Secretary-General who would appoint a
United Nations Representative for that purpose." The

The Act of Free Choice took place during July 14 to August 02 (before the end of
1969).

With so-called 'limitations' imposed by the geographical characteristics of


the territory and the general political situation in the area, an 'Act of Free
Choice' (not an Act of Self-Determination') in which (government appointed,
not people elected) representatives have (under TIGHT political pressure)
expressed their wish (NOT THE WISH OF THE PEOPLE) to remain with
Indonesia.

7. In the 1969 ACT OF FREE CHOICE '....important provision (as stipulated in


Article XXII of the Agreement relating to the rights of free speech, freedom of
movement and of assembly of the people of the area, was not implemented and
the (Indonesian) Administration had exercised at all times a tight political
control over the population...', was reported to the General Assembly by UN
appointed Representative for the implementation of the Act, Dr. Fernando Ortiz-
Sanz (Year Book of the UN, 1969 Vol. 23, p.175).

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The method and procedures applied in the implementation of the so-called Act of
Free Choice were widely commented upon during the November 1969 UN
General Assembly debate:

Ghana and Sierra Leone were among members that expressed reservations
concerning the method followed and considered that the People of West Papua HAD
NOT exercised their RIGHT TO SELF-DETERMINATION within the meaning of
* the Indonesian-Netherlands Agreement. And because of the questionable method
used in ascertaining the will of the West Papuan people, Ghana could not subscribe to
a draft resolution that sought to GLOSS OVER what is considered to be ESSENTIAL
VIOLATIONS of the 1962 Agreement.
Togo also expressing misgivings about the method chosen, recalled that the General
Assembly , by its Resolution 1514 (XV) of 14 December 1960 (on the Granting of
* Independence to Colonial Countries and Peoples), had emphasized that a 'lack of
political, economic and social preparedness could never serve as a pretext to delay
the independence of any country.'
Algeria, Burma, India, Iran, Japan, Kuwait, Malaysia, Saudi Arabia and Thailand
variously stated that the Wet Papuan issue before the Assembly was NOT one of
*
Self-Determination, but of the affirmation of the national unity and territorial
integrity of the Republic of Indonesia.
India stated that West Papua was a special cased, and the method used for the ACT
OF FREE CHOICE there, could not be considered under any circumstances a
*
precedent for cases of SELF-DETERMINATION (in territories still under colonial
domination).
Malaysia pointed out that the agreement was BILATERAL; any objection or
reservation about its implementation should come from the Netherlands and not from
*
the Assembly, which was called upon to 'TAKE NOTE' of the Secretary-General's
report.
Indonesia stressed that NO APPROVAL WAS REQUIRES either of the
*
Agreement itself or of the Secretary-General's report.

8. Serious violations throughout implementation of the act were reported. A draft


resolution sponsored by Belgium (?), Indonesia, Luxemburg (?). Malaysia (?), the
Netherlands and Thailand (?) was submitted to the General Assembly.
Introducing the draft resolution, the Foreign Minister of Indonesia said that 'his
government had carried out its responsibility to hold the Act of Free Choice (not
Act of Self-Determination) for the people fo West Irian, with assistance, advice
and participation of the Secretary-General's Representative, and that the
implementation of final phase of the Agreement was not only the honoring of an

WEST PAPUA: A Scandal in the U.N. Decolonisation History -21-


international agreement but also the END OF A LONG STRUGGLE FOR THE
UNITY AND TERRITORIAL INTEGRITY OF INDONESIA (although the
legality is questionable). The United Nations at its 24th Session, in a roll-call vote
"TOOK NOTE" of the outcome, and adopted UNGA Resolution 2504 (XXIV) of
19 December 1969.

No Article in the UNGA Resolution 2504 (XXIV) clearly defined the Political
Status of West Papua.

9. West Papua was REMOVED FROM THE UN DECOLONIZATION LIST


(an act that could not classified as DIRECT TRANSFER OF THE
TERRITORY into Indonesia's RECOLONIZATION, by the United Nations.
10. While the New York Agreement was under process to be carried into effect,
another SECRET AGREEMENT was signed unilaterally between Indonesia and
the Netherlands and the United States of America on September 30, 1962,
known as the MEMORANDUM OF ROME.

The Secret Memorandum of Rome stipulated among other things the follow:

* The Act of Free Choice set for the 1969 by the New York Agreement, to be
delayed or if possible cancelled.

* Method to be used in implementing the Act of Free Choice would be


"musyawarah" in accordance with the Indonesian parliamentary practice.

* Indonesia to rule West Papua for the next 25 years, commencing May 01,
1963.

* The UN's final report on the implementation of the Act of Free Choice
presented to UN General Assembly (1969) to be accepted without open
debate.

* USA to be responsible to make investments through Indonesian State


Owned Companies for the exploitation of minerals, petroleum and other
West Papuan Resources.

* USA to guarantee the Asian Development Bank with USD 30 Million for
UNDP's 25 year Development Program in West Papua.

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*USA to guarantee the World Bank with funds in support of the
TRANSMIGRATION PROGRAM for the resettlement of Indonesians in
West Papua.

Full implementation of the Secret Memorandum of Rome had overridden the New
York Agreement.

WEST PAPUA: A Scandal in the U.N. Decolonisation History -23-


Annex C.

THE NEW YORK AGREEMENT: In


Observation

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 INTERNATIONAL
jointly sponsor a draft resolution in the United Nations, INTEREST - Fully
under the terms of which the General Assembly TAKES Implemented;
NOTE of the present agreement, acknowledge the role Adoption of UNGA
conferred upon the Secretary-General of the United Resolution 1752 (xvii),
Nations therein, and authorizes him to carry out the tasks September 21, 1962.
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 INTERNATIONAL
territory to a United Nations Temporary Executive INTEREST - Fully
Authority (UNTEA) established by and under the Implemented.
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 INTERNATIONAL


UNTEA after the adoption of the resolution by the INTEREST - Fully

WEST PAPUA: A Scandal in the U.N. Decolonisation History -24-


General Assembly, the Netherlands will invite the Implemented.
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 INTERNATIONAL


and the Netherlands, will be appointed by the Secretary- INTEREST - Fully
General. Implemented.

Article v
INTERNATIONAL
The United Nations Administrator, as chief executive INTEREST - Fully
office of the UNTEA, will have full authority under the Implemented.
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

1. The United Nations flag will be flown during the


period of the United Nations Administration. INTERNATIONAL
2. With regard to the flying of the Indonesian and INTEREST - Fully
Netherlands flags, it is agreed that this matter will Implemented.
be determined by agreement between the
Secretary-General and the respective
governments.

Article vii

The Secretary-General will provide UNTEA with such


security as the United Nations Administrator deems INTERNATIONAL
necessary such forces will primarily supplement existing INTEREST - Fully
Papuan police in the task of maintaining law and order. Implemented.
The Papuan Volunteer Corps, which on the arrival of the
United Nations Administration will cease being part of

WEST PAPUA: A Scandal in the U.N. Decolonisation History -25-


forces in the territory will be under the authority, and at
the disposal of, Secretary-General for the same purpose.
The United Nations security force will, to the extend
feasible, use the Papuan 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 INTERNATIONAL


reports to the Secretary-General on the principal aspect of INTEREST -
the implementation of the present agreement. The Fully Implemented
Secretary-General will submit full reports to Indonesia
and the Netherlands and may submit, at his direction,
reports to the General-Assembly or to all United Nations
Members.

FIRST PHASE OF THE UNTEA 1. The article is fully


ADMINISTRATION implemented.
2. The transfer is UNTIMEL.
Article ix It should be done in 1969
after referendum wherein the
The United Nations Administration will replace as West Papuans had freely
rapidly as possible top Netherlands officials as defined in expressed their will to
Annex with non-Netherlands, non-Indonesian officials become an integral part of
during the first phase of the UNTEA administration Indonesia (A VIOLATION)
which will be completed on 1 May 1963. The United 3. A historical milestone
Nations Administrator will be authorized to employ on a marking the end of
temporary basis all Netherlands officials other than top PAPUANIZATION and
Netherlands officials defined in Annex A, who wish to commencement of
serve the UNTEA, in accordance with such terms and INDONESIANIZATION. - A
conditions as the Secretary-General may specify. As real proof of International
many Papuans as possible will be brought into Conspiracy to omit the rights
administrative and technical positions. To fill the of the people of a Non-Self-
remaining required posts, the UNTEA will have authority Governing Territory in
to employ personnel provided by Indonesia. Salary rates Decolonization process to
prevailing in the territory will be maintained. Full Independence

Article x

Immediately after the transfer of administration to INTERNATIONAL

WEST PAPUA: A Scandal in the U.N. Decolonisation History -26-


the UNTEA, the UNTEA will widely publicize and INTEREST
explain the terms of present agreement, and will Fully Implemented.
inform the population concerning the transfer of
administration and the provision of the ACT OF
SELF-DETERMINATION as set out in the present
agreement.
Not fully implemented:
Article xi 1. Laws & Regulations
remained in the effect.
To the extend that they are consistent with the letter 2. The only democratic
and spirit of the present agreement, existing laws and REPRESENTATIVE
regulations will remain in effect. The UNTEA will have COUNCIL, 'De Nieuw
the power to promulgate new laws and regulations or guinea Raad' was
amend them within the spirit and framework of the unilaterally & forcibly
present agreement. The REPRESENTATIVE dismissed by Indonesian
COUNCILS will be consulted prior to the issuance of government on 1 December
new laws and regulations or the amendment of existing 1963. An action that was not
laws. stipulated by the Agreement.
(A VIOLATION)

SECOND PHASE

Article xii
INTERNATIONAL
The United Nations Administrator will have direction to INTEREST -
transfer all or part of the administration to Indonesia at Fully Implemented.
time after the first phase of the UNTEA administration.
The UNTEA's authority will cease at the moment of
transfer of full administrative control to Indonesia.

Article xiii

United Nations security forces will be replaced by INTERNATIONAL


Indonesian security forces after the first phase of the INTEREST -
UNTEA administration. All United Nations security Fully Implemented.
forces will be withdrawn upon the transfer of
administration to Indonesia.
Although Indonesia took
control, but the Political
INDONESIAN ADMINISTRATION AND SELF- Status of West Papua as was
DETERMINATION a Non-Self-Governing
Territory under the UN
Article xiv Decolonization Program.
No INDONESIAN LAWS

WEST PAPUA: A Scandal in the U.N. Decolonisation History -27-


After the transfer of full administrative responsibility to & REGULATIONS SHOULD
Indonesia, Indonesia national laws and regulations will in BE APPLIED AT THIS
principle be applicable in the territory, IT BEING STAGE, if the United
UNDERSTOOD THAT THEY BE CONSISTENT Nations intended to
WITH THE RIGHTS AND FREEDOM GUARANTEED guarantee the Rights and
TO THE INHABITANTS UNDER THE TERMS OF Freedom of the inhabitants.
THE PRESENT AGREEMENT. New laws and (A VIOLATION)
regulations or amendments to the existing ones can be
enacted within the spirit of the present agreement. The ANOTHER PROOF OF
REPRESENTATIVE COUNCILS will be consulted as INTERNATIONAL
appropriate. CONSPIRACY.

Article xv Schools were functioned as ANTI-


PAPUA - PRO INDONESIA'
After the transfer of full administrative responsibility to Indoctrination Medium ( A
Indonesia, the primary task of Indonesia will be further VIOLATION).
NO ECONOMIC
intensification of the education of the people, of the
DEVELOPMENT.
combating illiteracy, and of the advancement of their LOOTING was the only means of
social, cultural, and economic development. Efforts also economic development by
will be made in accordance with present Indonesian Indonesia in West Papua that time
practice to accelerate the participation of the people in (A VIOLATION).
ANOTHER PROOF OF
local government through periodic elections. Any
INTERNATIONAL CONSPIRACY
respects relating to the ACT OF FREE CHOICE will be & TYRANNY.
governed by the terms of this agreement.

Article xvi

At the time of transfer of full administrative


responsibility to Indonesia, a number of United Nations The Article clearly reflected
experts, as deemed adequate by the Secretary-General how initial PREPARATIONS
after consultation with Indonesia, will be designated to and ARRANGEMENTS for
remain wherever their duties require their presence. Their West Papua's Self-
duties will, prior to the arrival of the United Nations Determination were
Representative, who will participate at the appropriate orchestrated and directed for
time in the arrangements for SELF-DETERMINATION, Indonesia's TOTAL interests
be limited to advising on and assisting in preparation for (A VIOLATION).
carrying out the provisions for SELF-
DETERMINATION except in so far as Indonesia and the ANOTHER PROOF OF
Secretary-General may agree upon their performing other INTERNATIONAL
expert functions. They will be responsible to the CONSPIRACY & TYRANNY.
Secretary-General for the carrying out of their duties.

WEST PAPUA: A Scandal in the U.N. Decolonisation History -28-


Article xvii INTERNATIONAL
INTEREST -
Indonesia will invite Secretary-General to appoint a Fully Implemented.
representative who, together with a staff made up,
interalia of experts referred to in Article xvi, will carry
out the Secretary-General's responsibilities to advice,
assist, and participate in arrangements which are the
responsibility of Indonesia for the ACT OF FREE
CHOICE. 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 assistance and Based on International Law,
participation of the United Nations Representative and the Political Status of West
his staff, to give the people of the territory, the Papua at that stage, was a
opportunity to exercise FREEDOM OF CHOICE. Such Non-Self-Governing
arrangements will include: Territory. The right to make
arrangements for the
a. CONSULTATION (Musyawarah_) with the implementation of the Act of
representative councils on procedures and methods to be Self-Determination
followed for ascertaining the FREELY EXPRESSED SHOULD directly be
WILL of the population. handled by the United
Nations - NOT Indonesia ( A
b. The determination of the actual date of the exercise of VIOLATION).
FREE CHOICE within the period established by the
present agreement. a. The real 'DEMOCRATIC'
representative council was
c. Formulations of the question in such a way as to permit dismissed in 1963 and
inhabitants to decide (a) whether they wish to remain replaced by a Pro-Indonesia
with Indonesia; or (b) whether they wish to severe their representative council (A
ties with Indonesia. VIOLATION).
c. NOT IMPLEMENTED.
d. The eligibility of all adults, male and female, not (A VIOLATION)
foreign nationals to participate in the ACT OF SELF- d. NOT IMPLEMENTED.
DETERMINATION to be carried out in accordance with (A VIOLATION)
INTERNATIONAL PRACTICE, who are residents at the
time of the Act of Self-Determination, including those
residents who departed after 1945 and who returned to
the territory to resume residence after the termination of
Netherlands administration.

WEST PAPUA: A Scandal in the U.N. Decolonisation History -29-


INTERNATIONAL
Article xix INTEREST - Although the
practices deviated the letter
The United Nations Representative will report to the and of the arrangement, this
Secretary-General on the arrangement arrived at for article was fully implemented
Freedom of Choice. (A VIOLATION)

Article xx INTERNATIONAL
INTEREST -
The Act of Self-Determination will be completed before Fully Implemented.
the end of 1969.

1. The right of self-determination


Article xxi was NOT IMPLEMENTED. It was
1. After the exercise of the Right of Self- replaced by a series of collective
voting called PEPERA by
Determination, Indonesia and the United Nations
Electoral Council purposely
Representative will submit final reports to the established by the Indonesian
Secretary-General who will report to the General Government; something that was
Assembly on the conduct of the Act of Self- not clearly stipulated in the
Determination and the results thereof. agreement (A VIOLATION.
2. The results that had reflected
2. The parties to the present agreement will
TOTAL VIOLATION was
recognize and abide by the results of the Act of recognized not only by parties
Self-Determination. concerned but by the UNGA as
well. (VIOLATION UPON
VIOLATION).
RIGHTS OF THE INHABITANTS 1. Not implemented.
TOTALLY NO
Article xxii GUARANTEE. Absolute
incapability in the
1. The UNTEA and Indonesia will guarantee fully enforcement of an effective
the rights, including the rights of free speech, guarantee by the initiating
freedom of movements and of assembly of the parties of the agreement
inhabitants of the area. These rights will include reflected INTERNATIONAL
the existing rights of the inhabitants of the CONSPIRACY to OMIT the

WEST PAPUA: A Scandal in the U.N. Decolonisation History -30-


after the transfer of administration to Indonesia to afterwards in 1967 by the
study the nature of the above-mentioned Indonesian Government was
concessions and property rights. a process that was not
4. During the period of the UNTEA administration clearly stipulated by the
there will be freedom of movements for civilians agreement (A VIOLATION &
of Indonesia and Netherlands nationalities to and ANOTHER PROOF OF
from the territory. INTERNATIONAL
CONSPIRACY).
4. Fully Implemented.
Not Implemented.
'De Nieuw Guiena Raad', the only
Article xxiii
Legal Representative Council was
left with NO GUARANTEE
Vacancies in the representative councils caused by the whatsoever as to its existence and
departure of Netherlands nationals or for other reasons, functions. The Council was
will be filled as appropriate consistent by the UNTEA. unilaterally dismissed on 1
December 1963 by the Indonesian
The representative councils will be consulted prior to the
government. Something that was
appointment of new representatives. NOT CLEARLY stipulated in the
agreement (A VIOLATION)

FINANCIAL MATTERS

Article xxiv
1. Deficit in the budget of the territory during the
UNTEA administration will be shared equally by
Indonesia and the Netherlands. INTERNATIONAL
2. Indonesia and Netherlands will be consulted by INTEREST -
the Secretary-General in the preparation of the Fully Implemented.
UNTEA budget and other financial maters
relating to the United Nations responsibilities
under the present agreement. Nations
responsibilities under the present agreement,
however, the Secretary-General will have the final
decision.
3. The parties to the present agreement will
reimburse the Secretary-General for all costs by
the United Nations under the present Agreement
and will make available suitable funds in advance
for the discharge to the present Agreement with
share on an equal basis to cost of such
reimbursements and advances.

PREVIOUS REALITIES AND AGREEMENTS


COLONIAL & IMPERIAL

WEST PAPUA: A Scandal in the U.N. Decolonisation History -31-


Article xxv TYRANNY -
Fully Implemented
The present agreement will take precedence over any
previous agreements 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 IMMUNITY


INTERNATIONAL
INTEREST -
Article xxvi
Fully Implemented.
Difference of consistence in
For the purpose of the present agreement, Indonesia and
the implementation of the
the Netherlands will apply the United Nations property,
International Law in the
funds, assets and officials the provisions of the
agreement between what
Convention on the Privileges and Immunities of the
involved INTERNATIONAL
United Nations. In particular, the United Nations
INTERESTS and
Administrator, appointed pursuant to Article iv, and the
inconsistence in what
United Nations Representative, appointed pursuant to
involved. the Inalienable
Article xvii, will enjoy privileges and immunities
Rights of West Papuans
specified in Section 19 of the Convention on the
reflected DISCRIMINATIVE.
Privileges and Immunities of the United Nations.

Ratification

Article xxvii

1. Present Agreement will be ratified in accordance


with the constitutional procedures of the INTERNATIONAL
Contracting Parties INTEREST -
2. The instruments of ratification will be exchanged Fully Implemented.
as soon as possible at the headquarters of the
United Nations by the accredited representatives
of the Contracting Parties
3. The Secretary-General will draw up a process-
verbal of exchange of the instruments of
ratification and will furnish a certified copy
thereof to each Contracting Party.

WEST PAPUA: A Scandal in the U.N. Decolonisation History -32-


Entry Into Force

Article xxviii
1. The present agreement will enter into force upon INTERNATIONAL
the date of the adoption by the General-Assembly INTEREST -
of the resolution referred to in Article I of the Fully Implemented.
present agreement.
2. Upon the entry into force of the present
agreement, the Secretary-General of the United
Nations will register it in accordance with Article
103 of the Charter.

Authentic Text

Article xxix
The authentic text of the present agreement drawn up in
English language. Translations in the Indonesian and
Netherlands languages will be exhanged between the
Contracting Parties.
In witness whereof the undersigned plenipotentiaries, INTERNATIONAL
being duly authorized for that purpose by their respective INTEREST -
governments, have signed the present agreement. Fully Implemented.

Done at the headquarters of the United Nations, New


York, on this fifteen day of August 1961, in three
identical copies, of which one shall be deposited with the
Secretary-General and one shall be furnished to the
government of each the Contracting Parties.

Signed J. Hermand van


Roijen
(Signed, Subandrio For the Kingdom of the
For the Netherlands
Republic of Indonesia

Signed C.W.A. Schurmann


For the Kingdom of the
Netherlands

WEST PAPUA: A Scandal in the U.N. Decolonisation History -33-


H. VIOLATIONS

The governments of Indonesia and the Netherlands respectively claimed


possession of the territory of West Papua long before commencement of their dispute.

As it is understood, the claim of the Netherlands was a CLASSIC COLONIAL


one, while the claim of Indonesia was a NEO COLONIAL one as it had been based on
Mohammad Yamin’s and Soekarno’s Personal Imperialistic and Expansionistic
Ambitions.

Based on the International Law both claims had no legality whatsoever.

After Indonesia started opening the conflict with the Netherlands to physically
annex the territory of West Papua in 1961, the issue immediately drew International
attention. It was where the United States, assisted by the United Nations and Australia
moved as mediators in between.

NEGOTIATIONS were held SECRETLY among the Disputing Parties andg


Parties in order to avoid West Papuans involvement – (An Act that is ABSOLUTELY
QUESTIONABLE, based on International Law).

H.1. INTERNATIONAL VIOLATIONS AGAINST WEST PAPUAN


POLITICAL STATUS.

- UN DECOLONIZATION PROGRAM

West Papua’s Decolonization was an International Program, established after


WWII in accordance with the Charter and the UN Declaration of Human
Rights.

WEST PAPUA: A Scandal in the U.N. Decolonisation History -34-


All related International Instruments adopted afterwards in compliance with
the implementation of the Decolonization Program was ratified by Member
States of the United Nations, including USA, Australia, the Netherlands and
Indonesia:

• The dispute in 1961 between Indonesia and the Netherlands over the
territory, that had cut off the program under way, should have had
been more sensible dealt with, but all parties involved in the
settlement.
• The Mediating Parties should be wise enough to work out more realistic
and sensible plans to have the Disputing Parties PEACEFULLY working
together toward the ACCELERATION of the DECOLONIZATION and not
ANNEXATION of the territory.

Based on the abovementioned facts, it could therefore be concluded:

The International Change of the Political Status of West Papua from the
former status of a Non-Self-Governing Territory to the current status of
Provincial Territory within the Republic of Indonesia is a Direct Transfer
from the colonization to recolonization, that could be simply defined AS A
REAL SCANDAL IN THE U.N. DECOLONIZATION HISTORY.

- CASES OF ANNEXATION of COLONIES IN DECOLONIZATION

Three (3) colonies in the region which were annexed and or attempted to
be annexed by Indonesia in the past, namely: WEST PAPUA, MALAYSIA, and
EAST TIMOR. These colonies were listed under the same U.N.
DECOLONIZATION Program. The discriminative difference in the
implementation of International Law are tabulated as follows:

WEST PAPUA: A Scandal in the U.N. Decolonisation History -35-


NO COLONY ANNEXATION DECOLONIZATION
REMOVAL from the U.N.
WEST Successfully accomplished with
DECOLONIZATION List is
PAPUA International support.
QUESTIONABLE.
1.
(1961 - Related International Laws
Related International Laws
1969) violated.
violated.
Successfully Completed with
MALAYSIA
International Recognition.
Annexation completely assorted
2.
(1962 - with International support.
Related International Laws
1965)
observed.
NOTE REMOVED from U.N.
Decolonization, enabling exercise
EAST Annexation accomplished with
of the territory's RIGHT to SELF-
TIMOR International disregard.
DETERMINATION with
3.
International FULL SUPPORT.
(1975 - Related International Laws
1999) deviated.
Related International Laws re-
observed.

WEST PAPUA: A Scandal in the U.N. Decolonisation History -36-


Annex D.

INTERNATIONAL LAW VIOLATIONS IN CASE OF


WEST PAPUA

Violating Parties
No. Nature of Violation Nether- Indone-
USA U.N.
lands sia
THE ANNEXATION
The act of annexatoin and all related legal supports
rendered by the International Community IN
FAVOUR of such, are classified as violation
against the International Law.
01. --- XXX XXX XXX
Article 2 (3 & 4) The Charter clearly calls upon
Member States to renounce the use of force and the
Right of Aggression in international relation,
reversing the time honoured Right Nations to make
TERRITORIAL CONQUESTS.
DISCRIMINATION IN THE
DECOLONIZATION OF WEST PAPUA:
(Discontinuity of the Program)

Article 1 (13), Article 13 (b) and Article 55 (c) of The


02. Charter advocate the principle of NON- --- XXX XXX XXX
DISCRIMINATION. In all these Articles, The Charter
advocates the promotion of Human Rights and
Fundamental Freedoms WITHOUT
DISCRIMINATION as to RACE, sex, language or
religion, everywhere in the world.
THE NEW YORK AGREEMENT

West Papuans Right to get involved in the


A. XXX XXX XXX XXX
negotiations and the signing of the Agreement.
Untimely transfer of the territory by the United
B. XXX XXX XXX XXX
Nations to Indonesia.
International Law Guarantee in the
implementation of Articles of the Agreement that
C. XXX XXX XXX XXX
ti l t d th i f Th Ri ht t S lf

WEST PAPUA: A Scandal in the U.N. Decolonisation History -37-


stipulated the exercise of The Right to Self-
Determination of the West Papuans.
Implementation of the Articles of the Agreement
related to:
D. XXX XXX XXX XXX
- THE RIGHTS OF WEST PAPUANS.
Recognition of reported violations in the
E. XXX XXX XXX XXX
Implementation of the Act of Self-Determination.
Adoption of UNGA Resolution 2504 (XXIV),
F. based on Roll-Call vote resulted in 84 to 0 to 38 XXX XXX XXX XXX
abstentions.
REMOVAL of West Papua from the U.N. List of
G. XXX XXX XXX XXX
Decolonization.
RESPONSIBILITY in All Human Rights
H. Violations in West Papua resultant to foregoing XXX XXX XXX XXX
violations.
RECOGNITION of West Papua's Political Status
I. XXX XXX XXX XXX
as an ANNEXED and RECOLONIZED territory.

Note:

1. XXX = violated.

WEST PAPUA: A Scandal in the U.N. Decolonisation History -38-


WEST PAPUA: A Scandal in the U.N. Decolonisation History -39-

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