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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
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:
Indonesia are
West Papuans are Papua Mongoloids &
01 Anthropological
Melanesoid Melayo-Polynesians/
Austronesians
West Papua is a traditional
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.
April 2, 1962
Sincerely,
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:: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- ::
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:: The Center For World Indigenous Studies ::
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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
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:
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:
LANGUAGE DISTRIBUTION
To six (6) Radio Stations listed by the Netherlands Mission to the
Dutch
United Nations.
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
The Act of Free Choice took place during July 14 to August 02 (before the end of
1969).
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.
No Article in the UNGA Resolution 2504 (XXIV) clearly defined the Political
Status of West Papua.
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.
* 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 guarantee the Asian Development Bank with USD 30 Million for
UNDP's 25 year Development Program in West Papua.
Full implementation of the Secret Memorandum of Rome had overridden the New
York Agreement.
Article i
TRANSFER OF ADMINISTRATION
Article ii
Article iii
Article iv
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
Article vii
Article viii
Article x
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
Article xvi
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.
Article xx INTERNATIONAL
INTEREST -
The Act of Self-Determination will be completed before Fully Implemented.
the end of 1969.
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.
Ratification
Article xxvii
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.
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.
- UN DECOLONIZATION PROGRAM
• 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.
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.
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:
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)
Note:
1. XXX = violated.