The UN Secretary-General’s Representative, Ambassador Fernando Ortiz-Sanz ,acknowledged early on that he “. . .was not given any political or administrative authority, not even a supervisory function”. Rather, his role was to “advise, assist and participate in arrangements which are the responsibility of Indonesia for the act of free choice, having in mind the interests and welfare of the people of the territory”. (Article XVII and the preamble. UN doc. A17723, 1969, p. 4.) “Advice” was meant “to express views, offer counsel, make recommendations and suggest ap¬propriate measures to the Government, having in mind the existing prin¬ciples of the Agreement”. (Article XVII and the preamble. UN doc. A17723, 1969, p. 4.). This was to be done through the modality of consultations with the representative councils on procedures and appro¬priate methods to ascertain the will of the people; the formulation of ques¬tions in such a way as to permit the inhabitants to decide whether they wish to remain or sever their ties with Indonesia; and the preparation of a list of persons eligible to participate in the act of free choice.
Thursday 14 April 2011
Monday 11 April 2011
Thursday 7 April 2011
The New York Agreement: Legal Basis to Restore West Papua Into the Republic of Indonesia (Part 4)
From those statements, it is apparent that the United Nations from the outset had a clear understanding that West Papua was a bilateral matter concerning an unresolved issue of decolonization in the territory of the Indonesian Republic. More precisely, the United Nations was aware that the whole process was an effort on behalf of Indonesia to facilitate the exer¬cise of its full control and sovereignty over the last part of what was once the Netherlands East-Indies.
As a consequence of the internationally accepted principle that colonial boundaries constitute the borders of newly independent states, it follows that all the territories, which once were a part of the Netherlands East-Indies, have since been transferred to Indonesia. This fundamental tenet has long been recognized under the principle of “usi possidentis”. Reflecting this new reality, United Nations documents of 1963 show that the issue of West Papua was removed from the agenda of Trust and Non-Self-Governing territories. The question of West Papua has always been a case of an incomplete decolonization process of Indonesia the facts of which have been already been set out in other sections of this publication.
As a consequence of the internationally accepted principle that colonial boundaries constitute the borders of newly independent states, it follows that all the territories, which once were a part of the Netherlands East-Indies, have since been transferred to Indonesia. This fundamental tenet has long been recognized under the principle of “usi possidentis”. Reflecting this new reality, United Nations documents of 1963 show that the issue of West Papua was removed from the agenda of Trust and Non-Self-Governing territories. The question of West Papua has always been a case of an incomplete decolonization process of Indonesia the facts of which have been already been set out in other sections of this publication.
Wednesday 6 April 2011
The New York Agreement: Legal Basis to Restore West Papua Into the Republic of Indonesia (Part 3)
The Agreement was of supreme national importance to Indonesia from the viewpoint of building its nation and national reconstruction which at the time was still in a period of growth and consolidation. Towards this end, the Agreement was a valuable contribution for it succeeded in bringing about a better level of understanding between Indonesia and the Netherlands as well as demonstrating in the early years of the United Nations its success in bringing about a settlement between two of its member States. (1127th meeting of the General Assembly plenary session of 21 September 1962)
In this regard, it is pertinent to point out that the Agreement resolved the following two basic issues : the restoration of the territorial integrity of the Republic of Indonesia; and revalidation of the right of self-determination for the people of West Papua. The Agreement contained 29 articles, supplemented by an exchange of letters and other annexes aimed towards serving the interests of the IrianJayan people like the rest of fellow Indonesians. It was this fraternal spirit that would guide Indonesia in its task of administering the territory following the departure of UN TEA. The people of Indonesia were so determined to help them that contributions flowed in from all over the country, from the rich and poor alike to promote the development of IrianJaya. In meeting its responsibilities, Indonesia viewed as its first duty the restoration of harmony among the people of West Papua itself as well as with the rest of the Republic. It did not view this challenge as something new or innovative. As a country comprising of numerous ethnic and regional groupings spread over 3,000 islands, the Indonesian people had always endeavored to live up to their motto of “Unity in Diversity”.
In this regard, it is pertinent to point out that the Agreement resolved the following two basic issues : the restoration of the territorial integrity of the Republic of Indonesia; and revalidation of the right of self-determination for the people of West Papua. The Agreement contained 29 articles, supplemented by an exchange of letters and other annexes aimed towards serving the interests of the IrianJayan people like the rest of fellow Indonesians. It was this fraternal spirit that would guide Indonesia in its task of administering the territory following the departure of UN TEA. The people of Indonesia were so determined to help them that contributions flowed in from all over the country, from the rich and poor alike to promote the development of IrianJaya. In meeting its responsibilities, Indonesia viewed as its first duty the restoration of harmony among the people of West Papua itself as well as with the rest of the Republic. It did not view this challenge as something new or innovative. As a country comprising of numerous ethnic and regional groupings spread over 3,000 islands, the Indonesian people had always endeavored to live up to their motto of “Unity in Diversity”.
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