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”.
The bilateral Agreement in resolving the dispute between Indonesia and Netherlands facilitated the normalization of bilateral relations on 13 March 1963 when the two countries exchanged diplomatic representatives.
GENERAL ASSEMBLY RESOLUTION 1752 (XVII)
With the adoption of General Assembly resolution 1752 (XVII) on 21 September 1962, the United Nations undertook an experiment in international administration in the process of settling a dispute. This view was expressed by the representative of Australia during the meeting of the General Assembly in 1963, stating:
“The United Nations undertook a novel role in the assistance which it gave towards the successes of the means which were found for resolving the dispute, and even more in its subsequent provisions of a temporary administrative authority for the territory”. (1253th meeting — 6 November 1963)
In view of the fact that differing interpretations have been expressed as to the role of the United Nations on the issue of West Papua, it is essential to understand that the New York Agreement between Indonesia and the Netherlands was a bilateral instrument concluded between the two parties themselves and was not reached on the basis of any resolution or any other mandate of the United Nations General Assembly The underlying factor, which called on the Secretary-General to assume an intermediary role was in response to pressing international circumstances. Subsequent measures taken by the Secretary-General, including the establishment of UNTEA and the dispatch of the Special Representative, Ambassador Fernando Quiz¬Sanz of Bolivia, were based primarily on the provisions of the Agreement itself. In addition, the fact that the financial expenses were borne by the Governments of Indonesia and the Netherlands reflected the limited role of the United Nations. (Funding for this whole operation was borne equally by the Governments of Indonesia and the Netherlands in line wtth the Agreement (XXIV). A sum of $ US 10 million was made available for three years. This fund became the United Nations Fund for West Papua (FUND WI) and was entrusted to the Secretary-General)
Under such circumstances the only course of action available for the General Assembly was to take note of the Agreement through the adoption of a resolution 1752 (XVII). The statement by the President of the General Assembly, Carlos Sosa Rodriguez, of Venezuela, during its 18~ session is pertinent:
“(a)s I understand it, the only decision required of the General Assembly in connection with the Secretary-General’s report (Al 5578) is to take note of the report”.
Also relevant to point out was the statement by the representative of India, Mr. Chakravarty at the 1 8th session of the General Assembly when he expressed the following detailed viewpoint:
“Year after year we have represented that West Papua is an integral part of thdonesia. Despite opinions to the contrary, my delegation had always held the view that when, by the Round Table Conference of 1949, the Kingdom of the Netherlands unconditionally and irrevocably transferred complete sovereignty over Indonesia to the Republic of Indonesia, what was transferred was complete sovereignty over the whole of the former Netherlands East-Indies. Sovereignty over West Papua, which was an integral part of the Netherlands East Indies, therefore, also passed on to the Republic of Indonesia. The administration of West Papua remained with the Netherlands pending a determination of the question of its political status, not of its sovereignty through subsequent resolutions”.
Continue to Part 4
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