west papua: a scandal in un decolonisation history, by glen o. rumaseuw, westpac-amp, jakarta, 1999

8/14/2019 West Papua: A Scandal in UN Decolonisation History, by Glen O. Rumaseuw, WestPac-AMP, Jakarta, 1999.

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Please distribute as widely as possible as long as you mention the sources.


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WEST PAPUA: A Scandal in the U.N. Decolonisation History -2-

SEAL OF THE TRUTH

H/Karya #15

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Annex A.

(A/AC.109/PRS/CAP.3)

UNITED NATIONS / NATIONS UNIES

MESSAGE OF THE SECRETARY-GENERALTO THE UNITED NATIONS PACIFIC REGION SEMINAR

ON NON-SELF-GOVERNING TERRITORIESPort Numbay, 8 June 1993

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

The pol i t ical, economic and social advancement of N on-Sel f -Governing Terri t ories has beenan important part of t he mandate of The U ni t ed N at ions since t he organiz at ion's veryinception.................................................

But w hi le much has been accomplished, all has not yet been complet ed. W it h t his in mind,t he General A ssembly has declared the 1990s t o be t he I N TE RN A TI ON A L D E CA D EF OR E RA D I CA TI ON OF COLON I A L I SM BY TH E YE A R 2000, and i t has adopted aPlan of A ct ion aimed at making the 21st century "A W ORL D F RE E F ROMCOL ON I A L I SM . ...............................................................................

Chart ing a course t hat w il l sat isfy t he expect at ions and aspirat ions of t heir (The N on-Self -Governing Terr i t ories) peoples w i l l be a considerabl e chall enge. ........... ....... .....

This seminar also provi des t he in t ernat ional communit y w it h an opport uni t y t o ascert ain atf ir st hand the w ishes of t he remaining Terri t ories concerni ng their f ut ure st atus. E nsuri ngthat al l D EPE N D EN T TERRI TORI ES are FRE E to exercise their I N AL I EN AB L ERI GHT TO SEL F-D ETERM I N ATI ON is our COM M ON OBL I GATION and our SH A RE D D U TY. .............. ...... ...... ...... ...... ...... ...... ...... ...... ...... ......

Cooperat ion i s essent ial i f success is t o be achieved. I appeal t o everyone concerned t o w orkw it h renew ed commit ment and f irm dedicati on to the spir it of cooperat ion and part nership.W orki ng toget her, w e can all move st eadil y closer t o the ul t imate goal set by theGENE RAL ASSEM BL Y to 'COM PLETE D ECOL ON I Z ATI ON BY THE YEAR 2000.................. ...... ...... ...... ... ....BOU TROS-BOU TROS-GH A L I

SECRETARY-GENE RAL - U N I TED N ATI ON S


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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. Irecognize 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 purescholar's objectivity. In capacity as a Vice Head of State, his statement possessed

more legal strength in comparison to Mohammad Yamin and President Soekarno thathad lead Indonesia to theannexationof West Papua.

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

pictured as follows:

West Papua Indonesia

01 AnthropologicalWest Papuans are Papua

Melanesoid

Indonesia are

Mongoloids &

Melayo-Polynesians/Austronesians

West Papua is a traditional


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Nation (Homogenous);Fulfillment of the second

prerequisite for Self-Determination

under the UNGA Resolution 1541).

Nation

(Heterogeneous).

03 Geographical

West Papua is a geographicallyconnected to Australia by theSahul Shelf (Separated from

Indonesia by Australasia deep

waters; - Fulfillment of the second

prerequisite for Self-Determination

under the UNGA Resolution 1541).

Connected to

Southeast Asiamainland by the

Sunda Shelf.

04 Historical

West Papua is not a part of any

Indonesia empire in the past (NoHistorical Proof).

Indonesia from time

to time became part

to various empires inthe region in the past.

05

Political

- Dutch ColonialCommencement

1828

1602(A difference of 326

years between the

commencement of

colonial in West

Papua)

- 28 Oct. 1938Indonesian

National Youth

Consensus.

No "JONG PAPOEA"

delegation represented West

Papua.

Other areas in the

archipelago were

represented by each

delegationrespectively.

- Japanese

Occupation duringWWII

1942 1944 1942 - 1945

- Pre-

Independencepreparation

No West Papuan Representatives

took part in the IndependenceResearching Body's activities.

Members of theIndonesian

Independence

Researching Bodyrepresented all parts

of Indonesia fromSabang to Molucas.

- At the time ofIndependence

West Papua was freed by theAllied Forces in 1944 9 (1 year

prior to the Indonesian

independence_ and reverted to

Indonesia, still underJapanese occupation

declared its

independence on

August 17, 1945 with


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Administration. Japanese Military

Administration'sassistance.

- Post-

IndependenceSovereignty

Defense Struggles

No West Papuan militias tookpart in the Indonesian guerilla

war against the Netherlands.

Militias involved,

represented peoplesfrom Sabang toMolucas.

- Territorial Statusin the United

Nations

Listed in the UN DecolonizationList as aNon-Self-Governing

Territory projected to become fully

independent eventually.

Indonesia was listed

in the UNmembership list as an

Independent State.


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B. THE STATUS OF WEST PAPUA IN

THE INTERNATIONAL LAW

POLITICAL STATUS

UNDER THE

NETHERLANDSOCCUPATION (1834)

1950-1963

UNDER THE

INDONESIANOCCUPATION 1963 -

Now

1. Territorial

- Former Dutch Colony.

- Listed in the UN after

WWII as Non-Self-

Governing Territory.

- In the process to become

an independent State of

West Papua in compliance

with the UN Decolonisation

Program.

Annexed and adopted as

Irian Jaya, the 26th

Province of the Republic ofIndonesia.

NO LEGAL BASE IN THEINTERNATIONAL LAW

2. National

Traditional Nation

(Papua Melanesoid

Ethnics)

Forced to became a StateNation (being minorized and

indigenized through

transmigration and

Indonesianization Program).

An act that could legally beclassified as systematic

ETHNOCIDE.

NO LEGAL BASE IN THE

INTERNATIONAL LAW

3. Administrative

Full Autonomous

Government in the

preparation to Self-

Governance in line withthe UN Decolonization

Program.

Provisional Government.

NO LEGAL BASE IN THEINTERNATIONAL LAW


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C. THE CASE

The case of West Papua's RECOLONISATION emerged as victory to Indonesia'spolitical/ 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 wasdisturbed 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 ofthe 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, andas 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. TheIndonesians, 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 permitThe 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 thismatter 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


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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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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 ofhegemony, 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

DutchTo six (6) Radio Stations listed by the Netherlands Mission to the

United Nations.

Leaflets and Wall-sheets:

LANGUAGE STATUS QUANTITIES OBSERVATIONS

Dutch Printed

Leaflets:

12,000

Wall-sheets:

500

8,600 leaflets and 430 wall-sheets

distributed to 84 addresses supplied by

the Netherlands Government.

In compliance with adoption of the foregoing principal instruments, the DutchGovernment 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 wereheld 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 Netherlandsconcerning

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


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(XVII) 'taking note' of the Agreement and authorizing the Secretary-Generalto

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 FreeChoice' (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 politicalcontrol 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 UNGeneral Assembly debate:

*

Ghana and Sierra Leone were among members that expressed reservations

concerning the method followed and considered that the People of West Papua HADNOT 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 ESSENTIALVIOLATIONS of the 1962 Agreement.

*

Togo also expressing misgivings about the method chosen, recalled that the GeneralAssembly , 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 delaythe independence of any country.'

*

Algeria, Burma, India, Iran, Japan, Kuwait, Malaysia, Saudi Arabia and Thailandvariously 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 aprecedent for cases of SELF-DETERMINATION (in territories still under colonial

domination).

*

Malaysia pointed out that the agreement was BILATERAL; any objection orreservation about its implementation should come from the Netherlands and not from

the Assembly, which was called upon to 'TAKE NOTE' of the Secretary-General'sreport.

*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


22/39


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 Choicepresented 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.


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Annex C.

THE NEW YORK AGREEMENT: InObservation

Article i

After the present agreement between Indonesia and the

Netherlands has been signed and ratified by bothContracting Parties, Indonesia and the Netherlands will

jointly sponsor a draft resolution in the United Nations,under the terms of which the General Assembly TAKESNOTE of the present agreement, acknowledge the role

conferred upon the Secretary-General of the United

Nations therein, and authorizes him to carry out the tasksentrusted to him therein.

INTERNATIONAL

INTEREST - FullyImplemented;Adoption of UNGA

Resolution 1752 (xvii),

September 21, 1962.

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 thejurisdiction of the Secretary-General upon the arrival of

the United Nations administrator appointed in accordance

with Article iv. The UNTEA will in turn transfer theadministration to Indonesia in accordance with Article

xii.

INTERNATIONAL

INTEREST - Fully

Implemented.

UNITED NATIONS ADMINISTRATION

Article iii

In order to facilitate the transfer of administration to theUNTEA after the adoption of the resolution by the

INTERNATIONAL

INTEREST - Fully


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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 Netherlandsarmed 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 periodicreports to the Secretary-General on the principal aspect of

the implementation of the present agreement. The

Secretary-General will submit full reports to Indonesiaand the Netherlands and may submit, at his direction,

reports to the General-Assembly or to all United Nations

Members.

INTERNATIONAL

INTEREST -Fully Implemented

FIRST PHASE OF THE UNTEAADMINISTRATION

Article ix

The United Nations Administration will replace as

rapidly as possible top Netherlands officials as defined inAnnex with non-Netherlands, non-Indonesian officials

during the first phase of the UNTEA administration

which will be completed on 1 May 1963. The UnitedNations Administrator will be authorized to employ on a

temporary basis all Netherlands officials other than top

Netherlands officials defined in Annex A, who wish toserve the UNTEA, in accordance with such terms and

conditions as the Secretary-General may specify. As

many Papuans as possible will be brought into

administrative and technical positions. To fill the

remaining required posts, the UNTEA will have authorityto employ personnel provided by Indonesia. Salary rates

prevailing in the territory will be maintained.

1. The article is fully

implemented.2. The transfer is UNTIMEL.

It should be done in 1969

after referendum wherein the

West Papuans had freely

expressed their will tobecome an integral part of

Indonesia (A VIOLATION)3. A historical milestone

marking the end of

PAPUANIZATION and

commencement of

INDONESIANIZATION. - A

real proof of International

Conspiracy to omit the rights

of the people of a Non-Self-

Governing Territory inDecolonization process to

Full Independence

Article x

Immediately after the transfer of administration to INTERNATIONAL


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the UNTEA, the UNTEA will widely publicize and

explain the terms of present agreement, and will

inform the population concerning the transfer ofadministration and the provision of the ACT OF

SELF-DETERMINATION as set out in the present

agreement.

INTERESTFully Implemented.

Article xi

To the extend 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

the power to promulgate new laws and regulations oramend them within the spirit and framework of the

present agreement. The REPRESENTATIVE

COUNCILS will be consulted prior to the issuance ofnew laws and regulations or the amendment of existing

laws.

Not fully implemented:1. Laws & Regulations

remained in the effect.2. The only democratic

REPRESENTATIVE

COUNCIL, 'De Nieuw

guinea Raad' was

unilaterally & forcibly

dismissed by Indonesian

government on 1 December

1963. An action that was not

stipulated by the Agreement.

(A VIOLATION)

SECOND PHASE

Article xii

The United Nations Administrator will have direction to

transfer all or part of the administration to Indonesia at

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.

INTERNATIONAL

INTEREST -Fully Implemented.

Article xiii

United Nations security forces will be replaced by

Indonesian security forces after the first phase of theUNTEA administration. All United Nations security

forces will be withdrawn upon the transfer of

administration to Indonesia.

INTERNATIONAL


INDONESIAN ADMINISTRATION AND SELF-

DETERMINATION

Article xiv

Although Indonesia took

control, but the Political

Status of West Papua as was

a Non-Self-Governing

Territory under the UN

Decolonization Program.No INDONESIAN LAWS


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After the transfer of full administrative responsibility to

Indonesia, Indonesia national laws and regulations will inprinciple be applicable in the territory, IT BEING

UNDERSTOOD THAT THEY BE CONSISTENT

WITH THE RIGHTS AND FREEDOM GUARANTEED

TO THE INHABITANTS UNDER THE TERMS OFTHE PRESENT AGREEMENT. New laws and

regulations or amendments to the existing ones can be

enacted within the spirit of the present agreement. TheREPRESENTATIVE COUNCILS will be consulted as

appropriate.

& REGULATIONS SHOULD

BE APPLIED AT THIS

STAGE, if the United

Nations intended to

guarantee the Rights and

Freedom of the inhabitants.(A VIOLATION)

ANOTHER PROOF OF

INTERNATIONAL

CONSPIRACY.

Article xv

After the transfer of full administrative responsibility toIndonesia, the primary task of Indonesia will be further

intensification of the education of the people, of the

combating illiteracy, and of the advancement of theirsocial, cultural, and economic development. Efforts also

will be made in accordance with present Indonesian

practice to accelerate the participation of the people inlocal government through periodic elections. Any

respects relating to the ACT OF FREE CHOICE will be

governed by the terms of this agreement.

Schools were functioned as ANTI-

PAPUA - PRO INDONESIA'

Indoctrination Medium ( AVIOLATION).NO ECONOMIC

DEVELOPMENT.LOOTING was the only means of

economic development by

Indonesia in West Papua that time

(A VIOLATION).ANOTHER PROOF OF

INTERNATIONAL CONSPIRACY

& TYRANNY.

Article xvi

At the time of transfer of full administrative

responsibility to Indonesia, a number of United Nations

experts, as deemed adequate by the Secretary-Generalafter 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 appropriatetime in the arrangements for SELF-DETERMINATION,

be limited to advising on and assisting in preparation 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 theSecretary-General for the carrying out of their duties.

The Article clearly reflected

how initial PREPARATIONS

and ARRANGEMENTS for

West Papua's Self-

Determination were

orchestrated and directed for

Indonesia's TOTAL interests

(A VIOLATION).

ANOTHER PROOF OF

INTERNATIONAL

CONSPIRACY & TYRANNY.


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Article xvii

Indonesia will invite Secretary-General to appoint a

representative who, together with a staff made up,

interalia of experts referred to in Article xvi, will carryout the Secretary-General's responsibilities to advice,

assist, and participate in arrangements which are the

responsibility of Indonesia for the ACT OF FREECHOICE. The Secretary-General after consultations with

Indonesia. The United Nations Representative and his

staff will have the same freedom of movement asprovided for the personnel referred to in Article xvi.

INTERNATIONAL


Article xviii

Indonesia will make arrangements, with assistance andparticipation of the United Nations Representative and

his staff, to give the people of the territory, the

opportunity to exercise FREEDOM OF CHOICE. Sucharrangements will include:

a. CONSULTATION (Musyawarah_) with the

representative councils on procedures and methods to befollowed 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. Formulations of the question in such a way as to permit

inhabitants to decide (a) whether they wish to remain

with Indonesia; or (b) whether they wish to severe theirties with Indonesia.

d. The eligibility of all adults, male and female, notforeign nationals to participate in the ACT OF SELF-

DETERMINATION to be carried out in accordance with

INTERNATIONAL PRACTICE, who are residents at thetime 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.

Based on International Law,

the Political Status of West

Papua at that stage, was a

Non-Self-Governing

Territory. The right to make

arrangements for the

implementation of the Act of

Self-Determination

SHOULD directly be

handled by the United

Nations - NOT Indonesia ( A

VIOLATION).

a. The real 'DEMOCRATIC'

representative council was

dismissed in 1963 and

replaced by a Pro-Indonesia

representative council (A

VIOLATION).c. NOT IMPLEMENTED.(A VIOLATION)d. NOT IMPLEMENTED.(A VIOLATION)


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Article xix

The United Nations Representative will report to the

Secretary-General on the arrangement arrived at for

Freedom of Choice.

INTERNATIONAL

INTEREST - Although the

practices deviated the letter

and of the arrangement, this

article was fully implemented

(A VIOLATION)

Article xx

The Act of Self-Determination will be completed beforethe end of 1969.

INTERNATIONAL


Article xxi

1. After the exercise of the Right of Self-Determination, Indonesia and the United Nations

Representative will submit final reports to theSecretary-General who will report to the General

Assembly on the conduct of the Act of Self-

Determination and the results thereof.2. The parties to the present agreement will

recognize and abide by the results of the Act of

Self-Determination.

1. The right of self-determination

was NOT IMPLEMENTED. It was

replaced by a series of collective

voting called PEPERA by

Electoral Council purposely

established by the Indonesian

Government; something that was

not clearly stipulated in the

agreement (A VIOLATION.2. The results that had reflected

TOTAL VIOLATION was

recognized not only by parties

concerned but by the UNGA as

well. (VIOLATION UPON

VIOLATION).

RIGHTS OF THE INHABITANTS

Article xxii

1. The UNTEA and Indonesia will guarantee fully

the rights, including the rights of free speech,

freedom of movements and of assembly of theinhabitants of the area. These rights will include

the existin ri hts of the inhabitants of the

1. Not implemented.TOTALLY NO

GUARANTEE. Absolute

incapability in the

enforcement of an effective

guarantee by the initiating

parties of the agreement

reflected INTERNATIONAL

CONSPIRACY to OMIT the


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after the transfer of administration to Indonesia to

study the nature of the above-mentionedconcessions and property rights.

4. During the period of the UNTEA administration

there will be freedom of movements for civilians

of Indonesia and Netherlands nationalities to andfrom the territory.

afterwards in 1967 by the

Indonesian Government was

a process that was not

clearly stipulated by the

agreement (A VIOLATION &

ANOTHER PROOF OFINTERNATIONAL

CONSPIRACY).4. Fully Implemented.

Article xxiii

Vacancies in the representative councils caused by thedeparture of Netherlands nationals or for other reasons,

will be filled as appropriate consistent by the UNTEA.

The representative councils will be consulted prior to theappointment of new representatives.

Not Implemented.'De Nieuw Guiena Raad', the only

Legal Representative Council was

left with NO GUARANTEE

whatsoever as to its existence and

functions. The Council was

unilaterally dismissed on 1

December 1963 by the Indonesian

government. Something that wasNOT CLEARLY stipulated in the

agreement (A VIOLATION)

FINANCIAL MATTERS

Article xxiv

1. Deficit in the budget of the territory during theUNTEA administration will be shared equally by

Indonesia and the Netherlands.

2. Indonesia and Netherlands will be consulted by

the Secretary-General in the preparation of theUNTEA budget and other financial maters

relating to the United Nations responsibilitiesunder 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 Agreementand will make available suitable funds in advance

for the discharge to the present Agreement withshare on an equal basis to cost of suchreimbursements and advances.

INTERNATIONAL

INTEREST -

Fully Implemented.

PREVIOUS REALITIES AND AGREEMENTSCOLONIAL & IMPERIAL


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Article xxv

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 theterms of the present agreement.

TYRANNY -

Fully Implemented

PRIVILEGES AND IMMUNITY

Article xxvi

For the purpose of the present agreement, Indonesia and

the Netherlands will apply the United Nations property,funds, assets and officials the provisions of the

Convention on the Privileges and Immunities of theUnited Nations. In particular, the United Nations

Administrator, appointed pursuant to Article iv, and theUnited Nations Representative, appointed pursuant to

Article xvii, will enjoy privileges and immunities

specified in Section 19 of the Convention on the

Privileges and Immunities of the United Nations.

INTERNATIONAL

INTEREST -Fully Implemented.Difference of consistence in

the implementation of the

International Law in the

agreement between what

involved INTERNATIONAL

INTERESTS and

inconsistence in what

involved. the Inalienable

Rights of West Papuans

reflected DISCRIMINATIVE.

Ratification

Article xxvii

1. Present Agreement will be ratified in accordancewith the constitutional procedures of the

Contracting Parties

2. The instruments of ratification will be exchangedas soon as possible at the headquarters of the

United Nations by the accredited representatives

of the Contracting Parties3. The Secretary-General will draw up a process-

verbal of exchange of the instruments of

ratification and will furnish a certified copythereof to each Contracting Party.

INTERNATIONAL



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Entry Into Force

Article xxviii

1. The present agreement will enter into force uponthe date of the adoption by the General-Assembly

of the resolution referred to in Article I of the

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.

INTERNATIONALINTEREST -Fully Implemented.

Authentic Text

Article xxix

The authentic text of the present agreement drawn up in

English language. Translations in the Indonesian andNetherlands languages will be exhanged between the

Contracting Parties.

In witness whereof the undersigned plenipotentiaries,

being duly authorized for that purpose by their respectivegovernments, have signed the present agreement.

Done at the headquarters of the United Nations, NewYork, 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 thegovernment of each the Contracting Parties.

(Signed, Subandrio

For the

Republic of Indonesia

Signed J. Hermand van

RoijenFor the Kingdom of the

Netherlands

Signed C.W.A. Schurmann

For the Kingdom of theNetherlands

INTERNATIONAL



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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 ofIndonesia was a NEO COLONIAL one as it had been based on

Mohammad Yamins and Soekarnos 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 Papuas Decolonization was an International Program, established after

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

Rights.


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All related International Instruments adopted afterwards in compliance withthe implementation of the Decolonization Program was ratified by MemberStates of the United Nations, including USA, Australia, the Netherlands andIndonesia:

The dispute in 1961 between Indonesia and the Netherlands over theterritory, that had cut off the program under way, should have hadbeen more sensible dealt with, but all parties involved in thesettlement.

The Mediating Parties should be wise enough to work out more realisticand sensible plans to have the Disputing Parties PEACEFULLY workingtogether toward the ACCELERATION of the DECOLONIZATION and notANNEXATION of the territory.

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

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

- CASES OF ANNEXATION ofCOLONIES IN DECOLONIZATION

Three (3) colonies in the region which were annexed and or attempted tobe annexed by Indonesia in the past, namely: WEST PAPUA, MALAYSIA, andEAST TIMOR. These colonies were listed under the same U.N.

DECOLONIZATION Program. The discriminative difference in theimplementation of International Law are tabulated as follows:


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NO COLONY ANNEXATION DECOLONIZATION

1.

WESTPAPUA

(1961 -1969)

Successfully accomplished with

International support.

Related International Lawsviolated.

REMOVAL from the U.N.

DECOLONIZATION List is

QUESTIONABLE.

Related International Laws

violated.

2.

MALAYSIA

(1962 -

1965)

Annexation completelyassortedwith International support.

Successfully Completed withInternational Recognition.


observed.

3.

EAST

TIMOR

(1975 -

1999)

Annexation accomplished with

International disregard.


deviated.

NOTE REMOVED from U.N.Decolonization, enabling exercise

of the territory's RIGHT to SELF-

DETERMINATION withInternational FULL SUPPORT.

Related International Laws re-

observed.


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Annex D.

INTERNATIONAL LAW VIOLATIONS IN CASE OF

WEST PAPUA

Violating Parties

No. Nature of Violation Nether-

lands

Indone-

siaUSA U.N.

THE ANNEXATION

01.

The act of annexatoin and all related legal supports

rendered by the International Community INFAVOUR of such, are classified as violation

against the International Law.

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.

--- XXX XXX XXX

02.

DISCRIMINATION IN THE

DECOLONIZATION OF WEST PAPUA:(Discontinuity of the Program)

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

Charter advocate the principle of NON-

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.

--- XXX XXX XXX

THE NEW YORK AGREEMENT

A.West Papuans Right to get involved in thenegotiations and the signing of the Agreement.

XXX XXX XXX XXX

B.Untimely transfer of the territory by the UnitedNations to Indonesia.

XXX XXX XXX XXX

C.

International Law Guarantee in theimplementation of Articles of the Agreement that

XXX XXX XXX XXX


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west papua: a scandal in un decolonisation history, by glen o. rumaseuw, westpac-amp, jakarta, 1999

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