The Political Status of West Papua (Part 1)

The people of Indonesia had realised their right to self-determination after a long struggle against colonial ruler when they proclaimed their independence on 17 August 1945, which lead to the establishment of a free and independent Republic of Indonesia, covering the whole territory of the former Netherlands East Indies. Such a right, however, was challenged by the colonial power and an armed conflict between Indonesia and the Netherlands ensued. The conflict ended when the parties concluded a peace agreement under the auspices of the United Nations Commission for Indonesia resulting in the Round Table Conference, held at the Hague in 1949. The peace accord of 2 November 1949 was achieved as a result of the full recognition and acceptance by the Netherlands of the independence and sovereignty of Indonesia as reflected in Article 1 of the Charter of Transfer of Sovereignty (S/1417/Add.1) which provided :

"The Kingdom of the Netherlands unconditionally and irrevocably transfer complete sovereignty over Indonesia to the Republic of the United States of Indonesia as an independent and sovereign State". (*)

The Round Table Conference agreement, however, did not settle the conflict between Indonesia and the Netherlands in a comprehensive manner. It left the question of the Indonesian territory of West New Guinea, constituting a substantial part of its territory, to be resolved within a period of one year. This unsettled question found a temporary compromise in Article 2 of the Charter of Transfer of Sovereignty wherein it was decided that with regard to the residency (**) of New Guinea:

"In view of the fact that it has not been possible to reconcile the views of the parties on New Guinea, which remain, therefore, in dispute."

"In view of the dedication of the parties to the principle of resolving by peaceful and reasonable means any differences that may hereafter exist or arise between them".

"That the status quo of the residency of New Guinea shall be maintained with the stipulation that within a year from the date of transfer of sovereignty to the Republic of the United States of Indonesia, the question of the political status of New Guinea be determined through negotiations between the Republic of Indonesia and the Kingdom of the Netherlands".

continue to part 2
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(*) The formal transfer of sovereignty took place on 27 December 1949. In the course of 1950, the Republic of the United States of Indonesia transformed itself through internal processes into the Republic of Indonesia, which was admitted to the United Nations on 28 September 1950.

(**) Recidency is an administrative unit of the government of the Netherlands.