West Papua: from COLONISATION to RECOLONISATION (PAPUA BARAT dari KOLONISASI ke REKOLONISASI, WESTPAC The West Papuan Community Masyarakat Papua Barat © 1999, X 1414 - GF990/402

X 1414 GF990/402

West Papua:

from COLONISATION

to RECOLONISATION

PAPUA BARAT dari

KOLONISASI ke REKOLONISASI

WESTPAC The West Papuan Community

Masyarakat Papua Barat

©

1999

Please distribute as widely as possible but do not forget to mention the source of this document.

WEST PAPUA: From COLONISATION to RECOLONISATION -2-

….……. PRO JUSTICE …. In the Holy Name of the

Lord Jesus Christ, The SUPREME JUDGE of the Universe, the Case of West Papua, is hereby

UNCONDITIONALLY REVERTED

to the full authority and total decision of GOD ALMIGHTY, Creator of Heaven and Earth.

The West Papuan Community


WHO IS DEMANDING....??? THE NEW PAPUA GENERATION

"After some times have gone, now a new generation of Papua Country has grown up. Like any other case everywhere in the world, West Papua Generation never forgets the history of his/her nation. Other nations in the world regard it is impossible to reach the future of West Papua. However, maturely, this Generation has proven that on the basis of the equality with other nations in the world, he/she will be able to bring his/her nation to the future....." J. Ottow, MPE, - 981/227, 1998

WHAT'S THE DEMAND...???

WEST IRIAN:

...Personlijk wens ik te verklaren dat West Irian mij niets kan schelen. Ik erken dat ook het Papoea-Volk het recht heeft een vrije natie to werden..."

... I personally would like to say that for me West Irian should not become a matter of problem. I am aware that Papuan people also have the right to become an independence nation.... Mohammad Hatta, KBM 1949 - Den Haag, Nederland

THE BASE OF DEMAND...!!!

HUMAN RIGHTS

"Human rights are foreign to no culture and native to all nations; they are universal. One cannot pick and choose among Human Rights; whether civil, cultural, economic, political, or social. Human Rights are indivisible and interdependent. And as this century's bloody history has taught us, the absence of Human Rights is more than a denial of Human Dignity; it is also the root of the poverty and political violence that plague our world...

KOFI A. ANNAN - 1998.


The West Papuan Community Masyarakat Papua Barat

Westpac - 0102-99/04 Jakarta, March 10, 1999 01/03 The Honourable, Prof. Dr. B.J. Habibie, President of the Republic of Indonesia, Jakarta, INDONESIA Subject: The Case of West Papua "Blessings be to You in the Holy Name of the Lord Jesus Christ" Dear Mr. President, On behalf of the West Papuan Community, we are taking this opportunity to extend our highest appreciation fot the political-goodwill of your Administration toward the West Papua/ns as reflected by the success in the conduction of the memorable National Dialogue recently. It is understood that dealing with a special matter as to the case of West Papua (as an annexed State), will certainly put whomsoever in you capacity as Head of State in a very difficult position - the problem is : How to reveal the truth to your people without developing a side-problem of national misunderstanding which will in turn endanger your position. As Papuans, we do recognise and respect National Life of the Indonesians, as well as other nations globally - but never in return, do we get the same recognition and respect likewise. The lack-of-Respect-And-Recognition has subjected West Papua as a State National Rights by the Government of Indonesia under international legitimacy for over three (3) decades. This Lack-of-Respect-and-Recognition has had led the New Generation of the West Papuans to a belief that they are in NO WAY Indonesians; and that in order to maintain their Papua-Melanesoid Ethnical, Cultural and National Identity, there is absolutely no other solution, except TOTAL AND UNCONDITIONAL RESTORATION OF THEIR NATIONAL


(POLITICAL) RIGHTS as an ANNEXED State and a People. The case of West Papua is more likely a case of Human Rights than Political. We do not mean to put you in a more difficult position, but recognising your proven role as the "Father of Democracy" in Indonesia, we are convinced that the painful matter regarding the case of West Papua could be driven itno a new dimension for a peaceful final settlement based on more humane and Mutual acy" in Indonesia, we are convinced that the painful matter regarding the case of West Papua could be driven into a new dimension for a peaceful final settlement based on more humane and Mutual Understanding. To assist you in defining the case of West Papua more objectively and in order to help the development of more simple, more realistic and workable JUST solutions, we would like to bring to your attention the following:

1. Let us review the history of the Annexation of West Papua in order to sort each developing problem more proportionally;

2. If there is FREEDOM for West Papua, please confirm unconditionally, likewise, if there is NO FREEDOM, we honestly request your kindness in state it openly in an INTERNATIONAL level forum (as to its basic considerations) in order to obtain a JUST International clarification, as the ANNEXATOIN of West Papua in the 1960s by the Indonesian Government was internationally legitimatised through the United Nations.

3. For the West Papuans, LAWS applicable to the clarification of the case of West Papua (as an ANNEXED State and a People) are ABSOLUTELY International Laws, not Indonesian Laws. However, factually for over three (3) decades the Indonesian Government has had imposed various sanctions on the West Papuan National Rights Defenders and not seldom accused the Papuans as SEPARATISTS, based on the Indonesian laws. This reflects total incapability of the Government of Indonesia to RATIONALLY DEFINE the striking difference between the problems concerning West Papua as an ANNEXED State and a People, and ordinary problems arisen within the context related to the status of Irian Jaya as a PROVINCE OF INDONESIA.

4. It is the responsibility of the Indonesian Government to thoroughly define the aforementioned and widely publicise and explain it to the entire nation especially The


Indonesian Armed Forces in order to bring the ongoing Human Rights Violations in West Papua to an immediate end - including THE RELEASE OF POLITICAL PRISONERS arbitrarily detained in connection with the case of West Papua.

5. The West Papuans do believe that "THE GREATNESS OF A NATION DOES NOT EXIST AND DEPENDENT ON ITS PHYSICAL POWER AND MIGHT, BUT IN THE ABILITY OF THE NATION ITSELF TO RECOGNISE AND CORRECT THE SMALLEST NATIONAL ERRORS MADE BY ITS LEADERS.'

Attached herewith for your reference, review and further consideration, a copy of the West Papua's Political History, entitled:

"WEST PAPUA from COLONISATION to RECOLONISATION Finally, while pondering what has had been presented hereby for further reference in the painful case of West Papua, let us refer to a special message, written in the Holy Bible, in the book of Exodus Chapter 4 verse 23:

'Let My son go that he may ser Me' Your attention, and further consideration on the abovementioned matter will be highly appreciated.

Yours truly,

The Alliance of Papuan Students for The West Papuan Community

DEMIANUS T. WANIMBO

Chairman

cc:

1. The Hon. Secretary General of the United Nations in New York USA 2. The Congress of the USA, Washington DC. 3. The Hon. Chair of the World Council of Churches in Switzerland 4. The Hon. Chair of the International Court of Justice in The Hague, the

Netherlands


I.

POLITICAL HISTORY

"......................(THE WEST PAPUANS') ASPIRATION

TO BECOME INDEPENDENT HAS

TO BE REMUSED..........."

Prof. Dr. Ing. B.J. Habibie, President of the Republic of Indonesia

at the National Dialogue the the Papuan People in Jakarta on February 26, 1999.

REMUSED


INTRODUCTION

The struggle of the West Papuans in order to restore their National Rights has lasted over 30 years.

Ironically, many of the Indonesian INTELLECTUALS, POLITICIANS as well as BUREAUCRATS do not seem to be in a possession of the slightest knowledge or intentionally overlook the Initial Reasons and Legal Basis, plat-forming the abovementioned struggle.

By pointing out the Political History aspect, the presentation of this Legal Cover is intentionally aimed at clarifying Political Status of West Papua/ns as an ANNEXED STATE and PEOPLE, WHO IS STILL ENTITLED TO EXERCISE THE RIGHT TO SELF-DETERMINATION, in accordance with Universal Norms of Human Rights, as stated in the Preamble of the Indonesia's 1945 Constitution, the US's Declaration of Independence, the UNO's Charter and the International Law entirely.

Within the frame of the abovementioned context West Papua/ns in this Legal Cover, will be addressed as STATE AND PEOPLE of West Papua.

A. BACKGROUND

The People of West Papua are well aware that Indonesia as a State, is an accident of Dutch Colonial History.

The Language of Disguise that emerged as a result of colonial oppressions against the People of Indonesia that time, had risen a wide awareness amongst all ethnics from Sabang to the Moluccas to exert themselves in order to obtain JUST recognition and wide autonomous RIGHTS for their localities respectively.

Such LOCAL autonomous struggles were strongly opposed by Soekarno, who was then a pure NATIONALIST (note how his view later developed to becoming a mixed ideology of NATIONALISM, RELIGIONS, and COMMUNISM).

In addressing the Congress of the Indonesian National Political Consensus (PPPKI) held in Surabaya from August 30th, thru


September 2nd, 1929, he wrote, "....As for us, the Indonesian Nationalists, the matter of our struggle is a matter of POWR, a matter of MIGHT. (=Tyranny). It is neither a matter of JUSTICE nor a matter of RIGHTS. ....And our efforts are therefore have to be directed to POWER BUILDING to this MIGHTS FORMING..." (Ir. Soekarno: Di Bawah Bendera Revolusi, Vol. I, Pages 84:5).

Starting from this ambition, Soekarno managed to 'built power', using available people power, waged a revolutionary war against the Dutch colonial and proclaimed the independence of Indonesia, with territorial boundaries that were exactly 100% DUPLICATION of the Netherlands Indies Colonial Map, and 'de facto' included only colonies from SABANG to MOLUCCAS.

After gaining Indonesia's independence, the local ASPIRATIONS OF ALL RESPECTIVE COLONIES that had initially inspired emergence of various cultural movements such as Boedi Oetomo, Jong Sumatra, Jong Java, Jong Celebes, Jong Ambon, etc., were unilaterally INVALIDATED by the 'built power.' (BDR, Vo. I. Page 4 onward)

Apart from all national sentiment and resentment we all need to be more objective/annalistically in reviewing several historical facts.

The establishment of RIS as a Federal State that had obtained full recognition of the Dutch Government was a.o. inspired by the will of the entire ethnics to obtain GREATER AUTONOMY in LOCAL self-governance.

When the federal system was forcibly converted into a total unity system, it was spontaneously responded to by armed resistance. The rebellions of DI/TII, PRRI/Permesta, RMS, etc., were grounded by a sole intention to obtain JUST recognition of their National Rights. All the resistance could be easily extinguished by Soekarno, using his 'built-power.'

If the Dutch hadn't taken control of Indonesia in terms of colonisation what we will see throughout this archipelago today is a cluster of states, comprising the Republics of Sumatra, Pasundan, North Celebes, South Moluccas, the Kingdoms of Mid and East Java, Mid and South Moluccas, etc. Or should the Dutch had been a bit more greedy to control the entire Island of Papua, the present state would have had included PNG, and thereby making Indonesia even larger.


Indonesia as a state, is an accident of

The Dutch Colonial History

Establishing a new state based on an old Colonial Map as in the Indonesia case, simply means ENDING COLONIALISM and

RESUMING NEO-COLONIALISM.

J. Ottouw, MPE, 1998


B. THE PROCESS OF COLONISATION AND INDONESIA'S CLAIM

If we honestly review the case of Annexation of West Papua by Indonesia, and conduct a comparative analysis against the former status of West Papua/Papuans with reference to ETHNOGRAPHICAL, geographical, socio-cultural, and political history backgrounds, we will not find a single legal reasons for Indonesia to prolong its occupation over West Papua, based on the existing International Law.

Three (3) classic reasons for which relevancies Indonesia is currently compelling insistently are just nothing but speculative/ manipulative reasons which were adopted by Soekarno in legitimating the execution of his 'power' and 'expansionist' ambitions when serving Indonesia in the past as a Revolutionary Leader:

B.1 THE MAJAPAHIT EMPIRE (1293-1522)

The appearance of 'wwanin' (Onin) term in the list of Majapahit's occupied territories in the book of 'nagarakartagama' by Mpu Prapanca (1365), wherein stated, 'muwah tikhan I wandam ambwan' athawa maloko, wwanin' (also in Wandan, Ambwan, and Maloko, Wanin) ambwan = ambon, maloko - maluku, wwanin = onin.

This reason is absolutely unacceptable by the West Papuans, for the unavailability of HISTORICAL FACTS or INSCRIPTIONS that could serve to prove the legality of the Majapahit's control over the territory. Beside l over the territory. Beside that, according to historian, D.G.E. Hall, available historical proofs show that the authority of the Majapahit Empire covered only certain parts of East Java, Madura and Bali. (R. Osborne 1985, page 6)

B.2 THE TIDORE SULTANATE

There are no historical records that could provide explanations as to when exactly the relations between Tidore and West Papua commenced. However, as a matter of fact the reputation of West Papuans as 'head-hunters' long before the establishment of the


Waigama Empire (1351) on Misol Island, terrified foreign traders sailing the waters between West Papua and the Moluccas in search for spices.

Even the mainland of West Papua had never been occupied during that time by 'foreigners' as they considered it eerie and frightening. (F.C.Kamma, 1981)

When the VOC tried to encroach the territory of Tidore Sultanate and the action kindled a war in 1649, Sultan referred to MAMBRI KURABESI, a Commanding Warrior from Biak dominated the waters between West Papua and the Moluccas, for help. From Waigeo Island in West Papua, Kurabessi responded by directly leading a fleet of 24 "War Praws" and succeeded in expelling VOC. As reward Kurabesi was granted marriage to one of the Sultan's princess (Boki Tabai).

After the marriage, Kurabesi returned to West Papua, and from this marriage emerged the Four Kings, known locally as "Korano Fyak/ Korano Fat."

The whole archipelago in the waters off the West Coast of the Bird's Head are of West Papua was divided into four domains, and was named "Raja Ampat" after those "Four Kings", as yet.

In 1795, Tidore Sultan and Prince Nuku vied each other over the throne of the sultanate. Supported by VOC, Sultan Tidore outpowered Prince Nuku, who retreated to Raja Ampat. With the assistance of the Four Kings' alliance (who recruited warriors from Biak, Pom-Ansus, and Waigeo), and the King of Jailolo, Ternate was recovered and Sultan Tioder and the VOIC were defeated on July 21, 1801. As reward, the Papuan warriors were granted marriage and settlement in Halmahera (in the Districts of Morotai, Obi, Wasilesi, Jailolo, Loloda, etc.), whose offspring could still be found there as yet.

Prince Nuku died of sickness in 1805, succeeded by the King of Jailolo. With Waigeo Island as his main fulcrum and supported by the strength of relative ties, resultant from the marriage of West Papuan warriors in Jailolo, he later considered himself SOLE CONTROLLER of West Papua.

In 1824 Sultan Tidore defeated Raja Jailolo and recovered a great deal of Jailolo's territories in the North Moluccas. Sultan later singed a treaty with the Kings of West Papua to GUARANTEE AND CO-MAINTAIN THE PEACE in the waters of both territories. This was


certainly done in order to assure stability of his spices trade with VOC.

IT IS CLEAR THAT THERE WAS ACTUALLY NO SULTANATE CONTROL OVER WEST PAPUA. There existed only relative ties resulted from marital rewards to the West Papuan warriors setting in the North Moluccas.

On February 5, 1855, THE GOSPEL of JESUS arrived on Mansinam Island (Manokwari), via Ternate, brought in by 2 German Mission Workers, sponsored by the Dutch's Utrects' Mission Unity, the UZV.

'In THE HOLY NAME OF GOD', they BAPTISED the Land of Papua. And ever since eerie and frightening 'profile' of West Papua was lighted up by the LOVE OF JESUS, and the Power of Darkness, replaced by the Love of Christ. Missionary posts were opened everywhere throughout the land. Basic educational and health facilities were established.

Following these Gospel Missionary accomplishments in defeat of West Papua, the Dutch Government immediately sponged on. A Trade Post was established in the nearby village of Manokwari. The status of this Trade Post was changed in 1901, to becoming a Government Post. Meanwhile, WITHOUT PRIORLY CONSULTING THE PAPUANS, the Dutch Government paid Sultan Tidore a 'compensation' in exchange to his so called 'right' on West Papua and officially integrated the territory into its overall Netherlands Indies Colony.

It is worth noting that West Papua as it is seen today is a result of THE GOSPEL MISSION work. In other words, without the work of the GOSPEL, the Dutch and Indonesian Governments in West Papua will never surely exist.

THEREFORE, WEST PAPUA IN THIS CASE, WAS NOT A PART OF TODORE'S SULTANATE.

B.3 THE EX-DUTCH COLONY:

B.3.a BPUPKI Meetings:

In July 1945 the Researching Body for the Indonesian Independence held a couple of meetings to discuss the boundaries of the future Indonesian state. Those meetings were attended by most Nationalists, including Soekarno, Moh. Hatta and Moh Yamin. In their final meeting,


the majority 39 voted for an Indonesia comprising former Dutch Indies Colony, including The Netherlands New Guinea, Brunai, Serawak, Malaya, and Portuguese Timor. The second group of 19, voted for an Indonesian comprising only former Dutch Indies Colony including West Papua. The minority 6, into which Dr. Hatta was counted, REJECTED THE INCLUSION OF WEST PAPUA INTO INDONESIA. Hatta classified such a view as being too 'EXPANSIONISTIC' and 'IMPERIALISTIC'. In his COUNTER REMARK against the view of Prof. Mohammed Yamin that WEST PAPUANS ARE INDONESIANS, he explicitly stated that WEST PAPUANS ARE MELANESIANS. He strongly INSISTED that West Papuans should be left alone to decide their FREEDOM. In rejecting the BPUPKI's intentions to include West Papua as a part of the future Indonesia Republic, Hatta sarcastically stated: "It is possible that we shall not be satisfied with Papua only and that we may want to include the Solomons and so on as far as the middle of the Pacific Ocean."

B.3.b. The Malino Conference:

In 1946, the Dutch organised the Malino Conference to discuss the creation of a Federal United Indonesia State, which was attended by a delegation from West Papua (Netherlands New Guinea). MR. FRANS KAISIEPO was one of the West Papuans delegates.

Mr. Frans Kaisiepo stated clearly to Dr. H.J. van Mook and the attending Indonesian delegates of the intentions of the people of West Papua to be given a SELF-GOVERNANCE STATUS. It is on this occasion, Mr. Frans Kaisiepo suggested the new name for the territory, IRIAN which derived from a word in Biak Language means 'steamy'. The word was later politically adapted by Soekarno into the acronym of IRIAN that stands for "Follow Republic of Indonesia, Anti-Netherlands." The conference achieved nothing in the way of compromise.

B.3.c. The Round Table Conference:

In 1949, the Round Table Conference was held in The Hague, the Netherlands. In that conference the Dutch were determined not to cede sovereignty over West Papua. The Indonesian Nationalists simply claimed West Papua as PART OF INDONESIA, based on the Dutch Colonial Map. The claim was strictly opposed by the leader of the


Indonesian delegation, Dr. Mohammad Hatta (then the Vice President of the Republic of Indonesia and the Delegation Leader). Such opposition later cooled off his relation with Soekarno.

HATTA stated that:

"PERSOONLIJK WENS IK TE VERKLAREN DAT WEST IRIAN 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 Irian. I realised that West Papuans as a People have the right TO BECOMING A FREE NATION.

The above view explicitly backed the aspiration of the West Papuans as stated by one of the Papuan delegates to the conference, MR. JOHAN ARIKS, FOR NOT INCLUDING WEST PAPUA AS A TERRITORY OF THE REPUBLIC OF INDONESIA.

The Dutch Government finally through the conference juridically recognised recognised the sovereignty of the Republic of Indonesia as of December 27, 1949, and mutually agreed to decide THE FATE OF WEST PAPUA LATER ON.

IT IS CLEAR THAT WHAT WAS MUTUALLY AGREED UPON AT THE CONFERENCE WAS ONLY THE SOVEREIGNTY OF THE REPUBLIC OF INDONESIA COMPRISING AREAS FROM SABANG TO MOLUCCAS.

NEITHER THE DUTCH DELEGATION NOR THE INDONESIAN DELEGATION GAVE HEED TO THE ASPIRATION OF THE PEOPLE OF WEST PAPUA (AS SELF DETERMINATION RIGHT HOLDERS), AS VOICED BY THEIR DELEGATES TO THE CONFERENCE.

BASED ON THE ABOVE MENTIONED FACTS, WHAT WAS EXECUTED BY SOEKARNO AFTERWARDS TO TAKE OVER 'WEST IRIAN' CAN CLEARLY BE CLASSIFIED AS PURE 'ANNEXATION.'


C. DECOLONISATION

Through the establishment of the UNO and the ratification of the UNO Charter that became legal base for the recognition of Human Rights, colonial countries began their preparatory work toward DECOLONISATION and FREEDOM processes for their colonies respectively.

In line with the above, the Dutch Government in 1957 began a cooperation with Australia for the DECOLONISATION of their respective colonies, namely The Territory of Papua & New Guinea (Australia) and The Netherlands New Guinea (Dutch). The concept of Bilateral Cooperation for Decolonisation was prepared. Some of the important points included among other things are as follows:

1. The cooperation will be initially based on the responsibilities of each respective Governments toward the National Rights of the Peoples of both colonies in accordance with the UN Charter.

2. Either the Netherlands New Guinea and the Trust Territory of Papua and New Guinea are geographically and ethnologically closely tied, it was therefore the cooperation for their future had to be commenced with mutually beneficial cooperation in the aspects of political and administration for both territories.

3. With regard to the above matter, both Governments would continuously manage to apply policies that would lead to advancement in the people's political, economical, social and educational aspects for the colonies with reference to the existing geographical and Papuan ethnological ties.

4. Both Governments would intensify bilateral political cooperation for the establishment of the goals as stated in points 1 and 2.

5. Both Governments would intensify bilateral co-operations in other aspects as well.

Unfortunately, this concept was never signed and brought into reality, for many reasons.

Although the concept was never brought into reality but the seriousness of the Dutch Government was demonstrated through preliminary stage of the Papuanisation where in 1957, 30% of the posts in the government were held by West Papuans, with an initial projection for the increment to 100% by 1970, whereupon the


sovereignty of a Free West Papua State will be legally recognised by the Dutch Government.

On April 5, 1961, the Dutch Government appointed Local Council Members, and in its Official Gazette No. 68 formalised the establishment of the West Papuan Council (Nieuw Guinea Raad) in order to undertake all Representative and Legislative tasks. The Council later the National Attributes of the West Papua State, namely: West Papua for the Nation, The Morning Star for the National Flag, 'My Land of Papua' as its National Anthem, and the whole colony of The Netherlands New Guinea became the State's Territory.

'De facto' recognition to the birth of the Free State of West Papua was officially declared on December 1, 1961.

Based on former plans, juridical recognition will be given to the state by 1970, upon completion of Papuanisation process. The Papuanisation process is actually a program to prepare West Papuans to accept the hand-over of all government posts in the newly formed West Papua State. THE GOOD POLITICAL WILL OF THE DUTCH GOVERNMENT TO RESTORE 'INDEPENDENCE' AS AN INALIENABLE NATIONAL RIGHTS OF STATE AND PEOPLE OF WEST PAPUA WAS ABSOLUTELY IN ACCORDANCE WITH THE UNIVERSAL NORMS AS STATE IN THE U.S.'s DECLARATION OF INDEPENDENCE, THE INDONESIA's 1945 CONSTITUTION, THE U.N. CHARTER, AND THE U.N. DECLARATION.


D. RE-COLONISATION

D.1 SOEKARNO, THE INDONESIA's ARCHITECT IN THE WEST PAPUA'S ANNEXATION:

The Recent Generation of West Papua realise very well the past role of Soekarno as Intellectual Puppeteer, and Political Architect of the Republic of Indonesia. Personally, Soekarno was totally put under the spell of political principles, views and doctrines originated from various world political leaders. Being affected by such views, to emergence of his obsession to become a recognised world leader, then began to develop gradually.

Following his diplomatic successes in the struggle for Indonesia's independence, the aforementioned obsession became a reality. And right after the proclamation, he commenced with the trial of various ideological concepts. The State's Five Basic Principles (Golden Rules), and the Spirit of the 1945 Constitution was formulated in a Mixed-Doctrine, known as NASAKOM (Nationalism-Religion-Communism) and forced into the socio-political life of the people of Indonesia.

His expansionist ambition was strongly opposed by other Indonesian pure nationalists such as Dr. Mohammed Hatta, the republic's first Vice President. Mr. Hatta was later declared himself as an enemy of the revolution, and he was soon expelled from the Indonesia's political arena.

Apart from domestic incompatibility, Soekarno was considered 'annoying' to some world leaders, especially those form the West during the time of Cold War. A series of attempted coups were launched since 1959 to overthrow Soekarno, involving the USA/CIA (Victor Marchetti and John D. Marks: 'The CIA and the Cult of Intelligence', Alfred A. Knopf, New York 1974, p. 166), was a real proof of the West's disagreement toward Soekarno's idealism and political ambitions.

Above all, SOEKARNO WAS A TYPE OF POLITICIAN WHO WAS EAGER TO ACT 'BY HOOK OR BY CROOK' IN ACCOMPLISHING HIS POLITICAL AMBITIONS. After 'annexing' the Sate of West Papua, he managed to continue with his 'annexation program' to take over the State of Malaysia though his national Command known as DWIKORA (THE PEOPLE'S DUAL COMMANDS).


In January 1965, infiltration of Indonesian guerilla troops into its territory was reported by Malaysia to the U.N. The U.N. strongly criticised such an action. Soekarno was furious and commanded withdrawal of Indonesia from the UN membership status although the overall situation in Indonesia was 'absolutely mad/bad.'

The Indonesian Military labeled Soekarno's Policy as 'BLIND ACTING POLICY' (Dinas Sejarah Militer TNI-AD: 'Cuplikan Sejarah Perjuangan TNI-Angkatan Darat, Fa. MAHJUMA, Bandung, Jakarta 1972, page 480)

As a result of this "Blind Acting Policy', the Indonesian Communist Party (PKI) launched their coup on September 30, 1965, leading Soekarno to face the end of his MIGHTSFORMING/ POWER-BUILDING.

D.2 TRIKORA (THE TRIPLE COMMANDS OF THE PEOPLE)

In his speech on August 17, 1960, Soekarno stated that: "...IT IS A MUST FOR THE WORKING CABINET TO EXECUTE THE WEST IRIAN's REVOLUTIONARY LIBERATION POLICY , IN LINE WITH THE TYPICAL LANGUAGE OF THE INDONESIAN NATIONAL REVOLUTION." (Soekarno: DBR, Vol. I, p.427)

Military preparations for Liberating-like Operations of West Papua took place, by dispatching delegations overseas to negotiate armament purchases. The delegation to the US for aforementioned purpose was led by Gen. A.H. Nasution (then the Defense Minister), turned down by Eisenhower, Nasution then turned to the Soviet Union and its allies such as Poland and Czechoslovakia.

From China came a low-interest loan of US$450 million, and from the USA came support as wel. And within the next years Indonesia spent over US$ 2 billions on the military preparations.

General Nasution also led a similar delegation to Australia in 1960. It was an old custom in such mission, not to initially reveal anything about the initial purpose of such missions to the participatory delegation members. One of the members in Nasution's delegation was Mr. H.L. Rumaseuw, then a Diplomatic Corps as well as Parliament Member for West Irian's Affair. While talks were held in Canberra, Mr. Rumaseuw was dispatched with a military team for arms inspection. back in Canberra after the arms inspection, in his


capacity as Parliament Member, he clearly stated to General Nasution and his delegation:

"I ABSOLUTELY REJECT ANY AMRS PURCHASE THAT WILL BE USED TO IN THE FUTURE TO KILL THE PEOPLE OF WEST IRIAN.'

Mr. Rumaseuw boycotted by leaving the mission and returned to Jakarta. Soekarno immediately cancelled the plant of arms purchase from Australia. Failed with this plan, General Nasution diplomatically gave his assurances to Australia that 'IN THE CASE OF WEST IRIAN, FORCE WOULD NOT BE USED.'

In a state speech in commemorating the Independence Day on August 19, 1961, president Soekarno empasised the Indonesian Nation's basic struggle directions to liberate West Irian BY FORCE.

What had been boasted by Soekarno in that speech as 'FREEDOM FOR WEST IRIAN TO BE FREE - BEBASKANLAH HENDAKNJA IRIAN BARAT UNTUK MERDEKA' (Di bawah Bendera Revolusi II, page 475), was just nothing but an empty slogan. His follow up actions were proved not true to his words.

It was of course done in the SELLING OF HIS IDEAS to the Indonesian People in order to gain a wider and stronger support to carry out his expansionist program to ANNEX the INDEPENDENCE State of West Papua.

On December 19, 1961, in an open rally in Yogyakarta, President Soekarno in his speech emphasised and launched 'THE TRIPLE COMMAND OF THE PEOPLE', known as 'TRIKORA' to liberate West Irian:

1. First Command: Dismiss the Dutch-made "STATE OF PAPUA."

2. Second Command: Raise the Red-and-White Flag all over West Irian."

3. Third Command: Be on Alert (Prepared) for a National Mobilisation.

(Dinas Sejarah Militer TNI-AD: 'Cuplikan Sejarah Perjuangan TNI-AD, 1972, page 462)

The Command instantly gained a wide range of support from all


Indonesian People who had not been actually be able to understand the "EXPANSIONIST AMBITIONS' which underlie the Command or implied in this command.

............................

'Wij Papoea's voelen ons gegriefd, dat Amerika, dat zich KAMPIONEN noemt van democratie en zelfbeschikking en in welk land wij, als bewoners van de Stille Oceaan, altijd een groot vertrouwen hebben gehad, vandaag verstek heeft laten gaan."................

Tekst van de geheime brief can President Kennedy dd. 2 April 1962. waarin hij de aanvaarding van het plan-Bunker aanbeveelt.

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 was disturbed 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 problem first through the United Nations and, when that failed, through direct secret negotiations with the Indonesians. I am appreciative of the 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. Thi ld b i hi h ith Th N th l d th W t


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 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, and as 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. The Indonesians, 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 permit The 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 this matter 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 meet on the basis of the formula presented to your representative by Mr. Bunker. W f i th I d i G t t l


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 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- :: :: A service provided by :: :: The Center For World Indigenous Studies :: :: www.cwis.org :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Originating at the Center for World Indigenous Studies, Olympia, Washington USA www.cwis.org <http://www.cwis.org> © 1999 Center for World Indigenous Studies (All Rights Reserved. References up to 500 words must be referenced to the Center for World Indigenous Studies and/or the Author Copyright Policy Material appearing in the Fourth World Documentation Project Archive is accepted on the basis that the material is the original, unoccupied work of the author or authors. Authors agree to indemnify the Center for World Indigenous Studies, and DayKeeper Press for all damages, fines and costs associated with a finding of copyright infringement by the author or by the Center for World Indigenous Studies Fourth World Documentation Project Archive in disseminating the author(s) material. In almost all cases material appearing in the Fourth World Documentation Project Archive will attract copyright protection under the laws of the United States of America and the laws of countries which are member states of the Berne Convention, Universal Copyright Convention or have bi-lateral copyright agreements with the United St t f A i O hi f h i ht ill t b ti f l i th


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D.3. THE WORLD POLITICAL SITUATION AND THE U.S.'s INTERVENTION IN THE CASE OF WEST PAPUA

The U.S. Government during that time was deeply engaged in the stemming of Communism expansion all over the world, either in America, Asia or in Europe.

In January 1961, the Eisenhower administration had broken diplomatic relation with Cuba. In the Spring of 1961, Castro allowed the Soviet Union to install offensive nuclear weapons in his country and the Soviets were sending an increased military assistance to Cuba, which had become a direct threat to the U.S. then.

Apart from Cuba and the Latin America, the Communists also intensified their operations in other parts of the world such as Laos, Vietnam, etc. This matter had drawn the U.S.'s total attention.

The heat up of the Indonesian - Dutch conflict over West Irian forced President Kennedy to directly intervene in solving the problem. In 1962, the U.S. President's brother, Mr. Robert Kennedy visited Jakarta and developed an unlikely rapport with Soekarno. Meanwhile at The Hague, President Kennedy pressured the Dutch Government to enter into SECRET NEGOTIOATIONS with Indonesia.

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Besides pressuring the Dutch, Kennedy managed to hold direct talks with the leader of Indonesia. President Kennedy hosted Soekarno twice in Washington. He found Soekarno a vain leader who was more likely interested in 'posturing and self-indulgence' rather than his nation's welfare. However, by hosting Soekarno, President Kennedy was actually compromising THE U.S.'s PLANS TO INVEST FOR THE EXPLOITATION OF THE NATURAL RESOURCES OF WEST PAPUA.

Two unusual approaches were noted in the U.S.' mediating roles:

1. Kennedy;s continuous pressure for the settlement of the conflict through SECRET NEGOTIATIONS. Such Secret Negotiations between America, the Netherlands and Indonesia which involved NO PAPUANS were initially aimed at preventing West Papuan from determining their future political status.

2. In their SECRET DIPLOMACY to push RECOLONISATION of West Papua by Indonesia, America had demonstrated its disregard toward West Papuans by frequent use of HUMILIATING EXPRESSIONS (which was actually contradictory to the American Slogan of "IN GOD WE TRUST!")

When Kennedy met the Dutch, he bluntly said that 'WEST NEW GUINEA WAS NOT A PART OF THE WORLD WHERE GREAT POWERS SHOULD BE 'RATIONALLY ENGAGED'"

In expressing his views to Dr. van Roijen, then Duthc Ambassador to the U.S., Kennedy said, "...THOSE PAPUANS OF YOURS ARE SOME 700,000 AND LIVING IN THE STONE AGE."

R. Komer, a former CIA agent who was assigned as White House Senior Staff, in his November 1961 memo to Australia stated, "THE PROPOSITION THAT A PRO-BLOC, IF NOT COMMUNIST INDONESIA, IS AN INFINITELY GREATER THREAT TO THEM AND TO US, THAN TO INDO POSSESSION OF A FEW THOUSANDS MILES OF CANNIBAL LAND."

The Australian Minister of Foreign Affairs, Sir G. Barwick, to his counterpart Joseph Luns of the Netherlands, in response to ALP views stated: " I DON'T THINK LABOUR PEOPLE HAD MUCH DISAGREEMENT... THEY WERE DECOLONISING 'BUGGS' WITHOUT


CONSIDERING THE CONSEQUENCES."

Ironically, those who in the process of re-colonisation had LOWLY HUMILIATED (MOCKED) the People and the State of West Papua are those who have had over three (3) decades ravenously derived big profits from West Papua (the land of BUGS, CANNIBALS, and STONE-AGE PEOPLE)'s Natural Resources, be it Minerals or Oil and Natural Gas, and as yet, still engaged in profit polemics without showing a bit of respect to the Human Rights of West Papuans as well as the Sovereignty over all West Papua's Natural Resources.

D.4. RE-COLONISATION OF WEST PAPUA BY THE REPUBLIC OF INDONESIA

In March 1962, initial talks between the Netherlands and Indonesia mediated by a U.N. appointed American diplomat Ellsworth Bunker was held in Huntland, near Washington. However due to the increase of military preparation on both sides in West Papua, the talks were postponed and nearly faced a deadlock.

Negotiations were reconvened in July 1962, and completed in August with the signing of New York Agreement on August 15, 1962 between the Netherlands and Indonesia. Although the The New York Agreement was signed, but SECRET NEGOTIATIONS went on (for special reasons which were and ware still not clear to the West Papuans).

On September 30, 1962, as a result of the aforementioned SECRET negotiations, THE ROME AGREEMENT was signed by the U.S.A., the Netherlands and Indonesia.

Both agreements could not be classified as LAW EFFECTIVE, as West Papuans never become a party to each agreement respectively.

With reference to the New York Agreement and based on the U.N. Resolution No. 1752 (xvii), as of October 01, 1962, the State of West Papua was handed over to the United Nations. Hence, the State of West Papua that was degraded to be a Non-Self-Governing Territory was officially run by UNTEA (United Nations Temporary Executive Administration).

On May 1, 1963, the territory STILL UNDER TRANSITIONAL


POLITICAL STATUS, was officially transferred to the Republic of Indonesia.

In his written official statement, marking the hand-over of West Papua from UNTEA to Indonesia, President Soekarno wrote,

"With help from God Almighty, the CONFRONTATION POLITICS that was announced through the Triple Command of the People on December 19, 1961, could bring colonial politics to an end."...........

....May with the help of God Almighty, all available Indonesian revolutionary potentials be directed to pursue advancement and development in West Irian, in order that within a short period of time it could accomplish EQUAL growth as other areas....." (Deppen RI 1964: IRIAN BARAT, page 13)

D.4.a. The New York vs. Secret Agreement

The New York Agreement contained 29 Articles, regulating the transfer of West Papua from the Dutch Government to the UN, thence to the Indonesian Government and finally regulated the execution of a Plebiscite in 1969 to determine West Papua's Political Status. The New York Agreement was signed by the Dutch and Indonesia on August 15, 1962.

On September 30, 1962, prior to the implementation of the New York Agreement ratification of another secret agreement was signed by America, the Netherlands, and Indonesia in Rome, Italy. The agreement was know as the ROME AGREEMENT.

The Rome Agreement contained several subjects that had subsequently overridden the New York Agreement, rendering its invalidity in the International Laws.

The abovementioned subjects were among others the following:

1. Possibility to delay or to cancel The Act of Free Choice set for 1969 by the New York Agreement.

2. Indonesia to occupy West Papua for 25 (twenty five years only, commencing May 01, 1963)

3. The execution of the 1969 Act of Free Choice would be carried


out based on the Indonesian parliamentary 'musyawarah' (deliberation) practices.

4. U.N.'s final report on the implementation of The Act of Free Choice to the UN General Assembly had to be accepted without open debate.

5. The USA to make investment through Indonesia state-owned companies for the exploitation of Natural Resources in West Papua.

6. USA guaranteed Asian Development Bank US$ 30 Million to UNDP for the development of West Papua for 25 years.

7. USA to guarantee the World Bank plan and implement Transmigration of Indonesians to West Papua.

The contradictive contents of the agreements which were initiated and forced into effect by the US Government have had determined West Papuans morally and materially, over 35 years.

D.4.b. UNTEA (The United Nations Temporary Executive Administration).

Based on the New York Agreement the Dutch Government handed over West Papua to the United Nations Temporary Executive Administration (UNTEA) on October 1, 1962.

No meaningful changes were accomplished during the period of UNTEA's transitional administration, except people's awareness of the UNTEA as a UN legitimating tool in conforming Indonesia's annexation of West Papua.

To be in charge of the administration, the U.U. had appointed Dr. DJALAL ABDOH, who was assisted by an executive team of 32 nationalities, in which included the commander of the U.N. Peace Keeping Forces, General Said Uddin Khan.'

The presence of the U.N. in West Papua went for 8 (eight) months only.

On May 01, 1963, UNTEA handed over West Papua to the Republic of Indonesia.

In the last past of the UN Secretary-General's message read by his assistant, Mr. C.V. NARASIMHAN at the transfer ceremony of West


Papua to the Indonesian Government, Mr. U Thant stated:"

".... I would like to express to the people of this territory, my earnest hope for their welfare and happiness in the future. I am sure that THE REPUBLIC OF INDONESIA WILL THOROUGHLY FULFILL ALL TERMS AND CONDITIONS MADE ON AUGUST 15, 1962, and guarantees the exercise of the people's right in the territory in expressing their will for their future. The United Nations will assist the Government of Indonesia in the implementation of other parts stated in the agreement. (Deppen RI, 1964: IRIAN BARAT, page 19).

As a result of the U.N.'s CONFIDENCE AND ASSISTANCE to Indonesia, the people of West Papua started entering the DARK TIMES UNDER THE RULE OF THE INDONESIAN GOVERNMENT, which has had continued for over 35 years now.

D.4.c. INDONESIA's OCCUPATOIN (Commencement of oppression and Human Rights Violations in West Papua)

On May 01, 1963, West Irian was officially transferred by UNTEA to the Government of the Republic of Indonesia.

President Soekarno was in Ambon on that date. In his speech, titled "THE RE-ENTRY OF WEST IRIAN, AN ACCOMPLISHMENT OF THE PEOPLE FROM SABANG TO MERAUKE" in a grand rally held at Lapangan Merdeka (The Freedom Square) Ambon, in celebrating the occupation of West Papua by Indonesia, May 01, 1963, Soekarno did not mention much of the re-entry of 'West Irian' STARTED TO REVEAL HIS AMBITIOUS PLAN TO 'ANNEX' MALAYSIA. In his speech he stated, "Ladies and gentlemen, what is 'Mayasia'? It is said that Malaya, Singapore, North Borneo will be combined to become one, forming 'Malaysia'. The Indonesian Nation, The Government of Indonesia, The GREAT PATTIMURA (=Soekarno) DO NOT AGREE WITH THIS...

For, Tengku said that with 'Malaysia' North Borneo will be free. Listen to me, Tengku said that by the establishment of Malaysia, North Borneo shall be, shall be, shall be free. (Deppen RI, 1964: IRIAN BARAT, page 44).


Right after Dutch and Indonesia's ratification of the transfer agreement and before the arrival of the U.N. forces in West Papua, the Indonesian infiltrant-troops emerged from the jungle and began to assert their rule over West Papuans in rural areas.

In response to the situation, the National Committee was urged to convene a meeting, organised by the Chairman of the National Party (Parna), Herman Wayoi and member of the West Papuan Council, Nicolaas Tanggahma. The meeting was attended by about 90 West Papuan leaders. They agreed recuctantly to accept the transfer of West Papua, however, they demanded that the United Nations Temporary Executive Admin FUTURE TO KILL THE PEOPLE OF WEST IRIAN.'

Mr. Rumaseuw boicotted by leaving the mission and returned to Jakarta. Soekarno immediately cancelled the plant of arms purchase from Australia. Failed with this plan, General Nasution diplomatically gave his assurances to Australia that 'IN THE CASE OF WEST IRIAN, FORCE WOULD NOT BE USED.'

In a state speech in commemorating the Independence Day on August 19, 1961, president Soekarno empasised the Indonesian Nation's basic struggle directions to liberate West Irian BY FORCE.

What had been boasted by Soekarno in that speech as 'FREEDOM FOR WEST IRIAN TO BE FREE - BEBASKANLAH HENDAKNJA IRIAN BARAT UNTUK MERDEKA' (Di bawah Bendera Revolusi II, page 475), was just nothing but an empty slogan. His follow up actions were proved not true to his words.

It was of course done in the SELLING OF HIS IDEAS to the Indonesian People in order to gain a wider and stronger support to carry out his expansionist program to ANNEX the INDEPENDENCE State of West Papua.

On December 19, 1961, in an open rally in Yogyakarta, President Soekarno in his speech emphasised and launched 'THE TRIPLE COMMAND OF THE PEOPLE', known as 'TRIKORA' to liberate West Irian:

1. First Command: Dismiss the Dutch-made "STATE OF PAPUA."

2. Second Command: Raise the Red-and-White Flag all over West Irian."

3. Third Command: Be on Alert (Prepared) for a National


Mobilisation.

(Dinas Sejarah Militer TNI-AD: 'Cuplikan Sejarah Perjuangan TNI-AD, 1972, page 462)

The Command instantly gained a wide range of support from all Indonesian People who had not been actually be able to understand the "EXPANSIONIST AMBITIONS' which underlie the Command or implied in this command.

............................

'Wij Papoea's voelen ons gegriefd, dat Amerika, dat zich KAMPIONEN noemt van democratie en zelfbeschikking en in welk land wij, als bewoners van de Stille Oceaan, altijd een groot vertrouwen hebben gehad, vandaag verstek heeft laten gaan."................

We the Papuans feel ourselves grieved, for America, who called himself the CHAMPION of DEMOCRACY and LIBERTY, and in which land we, as inhabitants of the Pacific Ocean have had always put a great trust on, must withdraw ourselves from here (let himself go).

Nicolaas Jouwe,

Hollandia, West Papua, 1962


THE FREEPORT PROJECT:

In 1966 a delegation from Freeport visited Jakarta to hold preliminary negotiations with the Indonesian government for Copper/Gold Mining Concession in West Papua. The preliminary meeting was followed by the grant of mining rights, marked by the signing of CoW on January 10, 1967.

The conspiracy due to respected VESTED INTERESTS of the USA and Indonesia finally led the violation of NATIONAL RIGHTS of the West Papuans in the intentional mis-implementation of the 1969 Act of Free Choice.

The conspiracy of America and Indonesia to thwart West Papua from its INDEPENDENCE was actually driven by the US economic INTERESTS, and not merely because of the WORLD POLITICAL REASONS as it was used to be claimed.

The above reasons could be proved by the fact that many of the topics of Soekarno's meeting held abroad with American leaders, apart from politics, were mainly also focused on economic matters.

In his lecture to civil/military officials and West Papuan Community Leaders in Kotabaru (=Jayapura) on June 13, 1963, the Indonesia's vice Prime Minister/Minister of Information, Dr. H. Roeslan Abdulgani expressed:

....You all know, that our president in his recent vacation in Japan, besides meeting Tengku Abdulrachman, also spared his time to settle Oil Business with the Americans. People who always say that Bung Karno is an anti-American are not true. It could be proven that when in Japan, President Kennedy has SENT HIM A DELEGATION TO SETTLE THE OIL BUSINESS. So, what did said by dr. Satrio, was true, that the Indonesian nation is NOW REALLY LURKED BY THE FOREIGN NATIONS.... (Deppen RI, 1964: IRIAN BARAT, page 102)

He furthermore explained:

....colonialism is originate by capitalism. What capitalism? Is it trade capitalism? This type of capitalism is cruel. Is it


industrial capitalism, it won't be so cruel. IS IT FINANCE-CAPITALISM, NAMELY CAPITAL INVESTMENT IS MORE CRUEL BECAUSE THE POLICY FOR EXPLOITATION WILL NOT BE CONSIDERED BASED ON THE WILL OF THE RESOURCES OWNERS, BUT WILL BE DECIDED BASED ON EVERY OBJECTIVE FACTOR AVAILABLE WITHIN EACH INVESTING COUTRY RESPECTIVELY. (IRIAN BARAT, page 129).

It is obvious here that the main reason that had driven the United States to SUPPORT INDONESIA IN ANNEXING THE STATE AND PEOPLE OF WEST PAPUA, was ECONOMIC, and not POLITICAL.

What was stated above by Roesland Abdulgani has become an undisputable reality in Freeport's Operations in West Papua.

D.4.d. THE ACT OF FREE CHOICE

As stipulated by Article XX of the New York Agreement, the Act of Free Choice to determine West Papua/ns future was scheduled to be conducted in 1969.

The struggle of the West Papuans against arbitrariness featuring the occupation of Indonesia reached its 7th year in 1969. During the period of 1962 thru 1969, Exterminative Counter Operations were launched by the Indonesian Armed Force that resulted in life-los of thousands of innocent West Papuan civilians, apart from hundreds who were terrorised, arbitrarily arrested and or detained.

With this backdrop in West Papua, president Soekarno in his state speech on August 17, 1968, commemorating the 23rd anniversary of the Indonesian independence announced that the Plebiscite that had been agreed to, would be held the following year (1969). The Commander of Mandala Liberation Force however, in his speech emphasised that an "Act of Free Choice" WOULD NOT MEAN THAT WE SHALL SACRIFICE THE POPULATION... THAT WE SHALL ABANDON THE FRUITS OF OUR STRUGGLE FOR THE LIBERATION OF WEST IRIAN FOR WHICH MANY SACRIFICES WERE MADE. IT DOES NOT MEAN THAT WE SHALL ABANDON THE PRINCIPLE OF A UNITED REPUBLIC OF


INDONESIA.

In order to win the 1969 Act of Free Choice, the Indonesian Government widely launched its anticipatory campaigns which included among other things:

1. Banning of oppositional groups: The West Papuans who were suspected of being OPM or OPM's supporters, and those who vocally voiced the people's aspiration of 'Freedom', were arbitrarily detained and jailed locally, or deported to Java;

2. Forming the "Dewan Musyawarah Pepera" (DPM - Act of Free Choice Electoral Council) The Indonesian government translated the 'election in accordance with international practice' (Article XVII d of the Agreement), into an 'election in accordance with the Indonesian system of Musyawarah' (joint deliberation). With regard to the event, Col. Sutjipto SH, Vice Prime Minister Assistant for West Irian Affairs stated that, The New York Agreement, is characteristically 'dynamic', moving, but not static. Its dynamism initially lies in the purpose of the agreement itself.... so it has to be the Indonesian Government's obligation as a party to the agreement, to take preparative measurements in order to secure the agreement's implementation." It is clear that the orchestrated 'joint deliberation system' applied by the Indonesian Government, was intentionally aimed at steering away the implementation of the Article XVIII d of the Agreement for Indonesia's interests and to thwart West Papuans from their freedom, arbitrarily. The Deliberation Electoral Council for the above purpose was established in early 1969, following preliminary electoral activities in several regencies. The work of this council, resulted in the appointment of selectively "brain-washed" 1,026 male-elders to 'vote' in stead of 800,000 West Papuans at that time. None of these so-called 'representatives' were appointed by the people of West Papua, but directly nominated by the Indonesian Government.

3. Threatened West Papuan Nationalists who were regarded as Dangerous for the Act of Free Choice:


Brigadier General Ali Murtopo harangued the Papuan

Nationalists in Jayapura for two hours and todl them that:

"JAKARTA WAS NOT INTERESTED IN THEM AS PAPUANS,

BUT IN WEST IRIAN AS A TERRITORY. IF THEY WANTED

TO BE INDEPENDENT THEY HAD BETTER ASKED GOD TO

FIND THEM AN ISLAND IN THE PACIFIC WHERE THEY

COULD EMIGRATE, OR MAY BE WRITE TO THE AMERICANS

AND ASK IF THEY WOULD BE GOOD ENOUGH TO FIND

THEM A PLACE ON THE MOON.

He impressed upon them that 115 million Indonesians had

fought for West Irian for years. They had made many

sacrifices in this struggle, and they would not therefore

allow their national aspirations to be crossed by a buch of

Pauans. Short shrift would be made of those who voted

against Indonesia. Upon them would fall the vengeance of

the Indonesian people.

Among them Murtopo who would himself shoot the people

on the spot.


Attachment

THE MEETINGS OF THE 1969 ACT OF FREE CHOICE ELECTORAL BOARD COUNCIL

No. DATES VENUES REGENCIES

1. 27 March 1969 Maroke Maroke

2. 27 March 1969 Wamena Jayawijaya

3. 31 March 1969/

01 April 1969 Nabire Paniai

4. 03 April 1969 Fakfak Fakfak

5. 05 April 1969 Sorong Sorong

6. 08 April 1969 Manokwari Manokwari

7. 09 April 1969 Biak Teluk Cenderawasih

8. 11 April 1969 Jayapura Jayapura

19 DAYS 08 REGENCIES

J.OTTOW, MPE, Source: IRIAN BARAT, Keluarga Kesatuan: DEPPEN RI - 1969


Attachment

IMPLEMENTATION OF THE ACT OF FREE CHOICE IN WEST PAPUA (July 14 - August 02, 1969)

No. REGENCY TOTAL

POPULATION MEMBER OF

THE DMP DATE CONDUCTED

01. Maroke 144,171 175 14 July 1969 (5.30 hours)

02. Jayawijaya 165,000 175 16 July 1969 (4.05 hours)

03. Paniai 156,000 175 19 July 1969 (4.30 hours)

04. FakFak 43,187 75 23 July 1969 (3.05 hours)

05. Sorong 75,474 110 26 July 1969 (3.17 hours)

06. Manokwari 49,974 75 29 July 1969 (5.10 hours)

07. Teluk Cenderawasih

91,870 131*) 30 July 1969 (3.55 hours)

08 Jayapura 83,750 110 02 August 1969 (4.00 hours)

8 REGENCIES total population of

809,326 1,026

electorate 8 DAYS

Comments:

1. Traditional Elements: 400 appointees 2. Local Elements: 360 appointees 3. Political Elements: 266 appointees 4. TOTAL APPOINTEES 1,026 APOINTEES 5. Total attended final Session: 1,022 appointees (982 men + 40

women)

FINAL REMARKS: ABSENT APPOINTEES AT THE TIME OF THE ACT:

1. Biak 1 person 2. Maroke 1 person 3. Nabire 1 person 4. Jayapura 1 person

5. TOTAL ABSENT APPOINTEES: 4 Persons

J.OTTOW, MPE, Source: IRIAN BARAT, Keluarga Kesatuan: DEPPEN RI - 1969


Attachment

DEGREE OF CONSISTENCY IN THE IMPLEMENTATION OF THE NEW YORK AGREEMENT 1962 IN WEST PAPUA

Note: 1 = Fully Implemented; 2 = Partly implemented; 3 = Not Implemented; 4- Heavily Violated.

ARTICLE SUBJECT DEGREE OF

IMPLEMENTATION

I. Ratification of the Agreement 1 2 3 4

II. Transfer of Administration (from the Netherlands to the UN) X

III. The UN Administration X

IV. The UN Administrator X

V. The UNTEA's Chief Executive Officer

VI.

1. The UN Flag 2. The Indonesian and the

Netherlands' Flags

X

X

VII. The UN Security Forces X

VIII. The UN Periodic Reports X

IX. 1st Phase of UNTEA X

X. Publication of the Agreement X

XI. Laws and Regulations X

XII. 2nd Phase of the UNTEA X

XIII Replacement of the UN Forces X

XIV. Indonesian Administration X X

XV. Social, Cultural, and Economic Developments

X

XVI. The UN Experts X

XVII.

The UN Representative for the implementation of the Act of

Self-Determination

X

• The Musyawarah Method X X

• The Dates of Implementation X

XVIII.

• The Formulation of Questions X X


• Eligibility X X

XIX. Reporting re-arrangement for Freedom of Choice X X

XX. Completion of the Act X

Final Report X XXI.

Acceptance of the Result X

Rights of the Inhabitants:

• Guarantee X X

• Concessions X

• Honoring Commitments X X

XXII.

• Freedom of Movement for non-Papuans Civilians X

XXIII. Representative Council Vacancies X X

Financial Matters:

• Deficit in Budget X

• UNTEA's Budget X

XXIV.

• Cost Reimbursements X

XXV. Previous Treaties X

XVI. Privileges/ Immunities X

• Entry into force X

XVII. • Registration

X

XXIX. Authentic Text X

REMARKS: Most of the Articles regardng the Rights of the inhabitants of West Papua were not fully implemented and even heavily violated.


IMPORTANT NOTES ON THE IMPLEMENTATION OF THE ACT OF FREE

CHOICE 1969:

1. The appointment of the so-called West Papuan 'People's

Representatives' for the Act of Free Choice's Electoral

Council was not conducted based on a DEMOCRATIC

mechanism (No Election Process)

2. The Electoral Members pointed to represented the People

of West Papua were picked among those who were

fighting for Integration and Indonesia's sympathisers

3. The implementation of the Act of Free Choice was

completed only in 8 (eight) days time with a total of 33.32

man-hours. A relatively short period of time to guarantee

a FAIR and DEMOCRATICALLY justifiable implementation

process of the act.

4. Officially Indonesia commenced its occupation of West

Papua on May 01, 1963; i.e., a time difference of 6 years

and 3 months between the date occupation was

commenced and the implementation of the Act of Free

Choice on August 02, 1969. Had there been any political

goodwill from the U.N., the Dutch and the Indonesian

governments to conduct a FAIR and DEMOCRATIC Act of

Free Choice the such a length of time could absolutely not

classified as more than sufficient.


THE UNITED NATIONS

IS AN IMPORTANT AVENUE OF

AMERICAN FOREIGN POLICY

Senator Henry M. Jackson, 1962

Not surprisingly, when on August 1, 1969, 1,022 from 1,026 the DMP Members in the final meeting in Jayapura dully decided, without a dissenting vote, to 'remain with Indonesia'.


E. THE UN FIASCO:

In the Official Report written by the U.N. Representative in West Irian, Dr. Ortiz-Sanz in order to account to the implementation of Article XVIII of the New York Agreement (Article 251) which was read to the General Assembly (UNGA Assembly, 24th Session, Agenda Item 98, Document No. A/7723), dated November 6, 1969, Dr. Ortis-Sanz expressed his reservation:

I regret to express my reservation regarding the implementations of Article XXII of the Agreement, relating to the rights, including the rights of free speech, freedom of movement and assembly, of the inhabitants of the area. In spite of my constant efforts, this provision was not fully implemented and the Administration exercised at all times a tight political control over the population.”

Many other paragraphs in this report testify to the obstructive attitude adopted by the Indonesian Government to the United Nations Representative, the international failure of Indonesia to adhere to the provisions of the New York Agreement, and the abundant evidence of widespread opposition among West Papuans to the Indonesia's takeover.

The General Assembly neither gave head to the Official Report by the Act's Supervisor (which was only 'heard' and not 'adopted'), not to the international press' testimonials on Human Rights Abuses in West Papua, the cries of West Papuans for international help and justice, as well as opposition of 15 UN member countries.

Speeches in favour of West Papuans rights were delivered by some Ambassadors challenging the General Assembly to show where everyone stood:

Countries Statements of Reservation Zambia My delegation has so far been unable to find out why it

was considered acceptable to the Secretary-General’s Representative in West Irian to agree to the formula of free choice on the basis of “musyawarah” – consultation – with one thousand notables appointed by the Indonesian Government, something which clearly was not stipulated in the original document.

Togo I should like to recall here that the General Assembly in


its Resolution 1514 (xv) of 1960, declared that the inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence of any country.

Sierra Leone

No society could be said primitive and no terrain so geographically difficult in the modern world that the vital exercise of a democratic government should be indefinitely denied to its people.

Ghana We are not convinced in the argument that was the principle of ‘musyawarah’ was the only political method which could be understood by the people…. Indeed, we are told that under the Netherlands Administration a type of democratic system know as the ‘whispering-vote’ had been successfully used. Further, in Australian Papua New Guinea, which is characterized by the same difficult geographical features and is inhabited by the same so called underdeveloped peoples, the principles of ‘one man one vote’ is being successfully used, and a somewhat enlightened policy is being applied there in leading the people towards eventual self-rule.

On November 19, 1969, the Ghana Ambassador appealed to the Secretary General and to the Member States to consider whether they wanted JUSTICE done or INJUSTICE enthroned, whether they wanted to defend their responsibility or to deny it, whether they wanted their decision to go down in history as Political Integrity of Political Hypocrisy. The amendment moved by Ghana asked the General Assembly to decide that 'the Papuans of West Irian should be given another opportunity by the end of 1975, with a real 'Act of Free Choice' involved." Only 15 member states, most of which were Africans, voted for this amendment. Sixty states (among them Australia and the USA) voted against this amendment and 39 (including the Netherlands and Israel) abstained. Although not ratified, Resolution 2504(XXIV) was finally adopted with 30 abstentions. It was the United Nations that ceded control of West Papua to Indonesia without the due process. This involved violations of the Right of Self-Determination of the West Papuan People. Many of the Human Rights Violations in West Papua today can be traced back to this FUNDAMENTAL INJUSTICE which has fueled continuing resentment


and resistance that have resulted in armed struggle, political imprisonment, refuge movements, genocidal/ethnocide killings, as well as application of various repressive administrative measures by the Indonesian military. The Secretary-General also noted that his Representative had concluded his report with observation that "with limitations imposed b y the geographical characteristics of the territory and the general political situation in the area, an act of free choice has take place in West Irian, in accordance with Indonesian practice in which the representatives of the population expressed they wished to remain with Indonesia." It is worth noted how three years later, in 1972 the Indonesian Government successfully conducted the first General Election in West Papua that involved nearly every Papuan in the territory, regardless of the existence of the SAME abovementioned conditions and situation.

E.1. PROOFS TO CONSPIRACY AND MANIPULATION

1. The Statement of Zambia became a real proof to the difference between the Original Version of the New York Agreement that stipulated 'one man one vote' and the widely publicised Orchestrated Version that stipulated 'musyawarah' (consultation) form of plebiscite.

2. The UN Secretary-General's Representative for the Implementation of the Act of Free Choice in West Papua fully agreed the application of the plebiscite with 'musyawarah' system, and afterward clearly expressed his reservation with regard to the outcome. It is understood that Dr. Ortiz-Sanz reservation was more likely reflected his regrets against what has had been in prior recognised by him as law defective.

3. In order to guarantee JUSTICE in the implementation of the Act of Free Choice, the TRANSFER of West Papua from the United Nations to Indonesia should have had been made effective in 1969, instead of 1963, in order to secure a democratic FREELY EXPRESSED WILL AND CONSENT OF THE PEOPLE OF WEST PAPUA.

4. The UN General Assembly deleted West Papuan the UN Decolonisation List, merely after 'taking note' (no legal ratification) of the outcome of the 1969 Act of Free Choice's LAW DEFECTIVE implementation.



II. CONCLUSION 1. The New West Papuan Generation never forget the history

of West Papua, as well as the history of its ANNEXation. 2. The Dutch COLONIAL Map COULD NOT absolutely be used to

claim West Papua as an integral part of the Republic of Indonesia, as the Universal Norms of Human Rights (inclusive of the Preamble of the Indonesian 1945 Constitution) clearly stipulates COLONIALISM AS VIOLATION. Furthermore, the process of colonial occupation by the Dutch as the purported integration of West Papua by the Republic of Indonesia, is similar to those applied in other islands of the Indonesian Archipelago. There were NO DEMOCRATIC processes, whereby the WILL AND CONSENT OF the people were FREELY and OPENLY expressed. In other words, INDONESIA AS A STATE IS AN ACCIDENT OF THE DUTCH COLONIAL HISTORY

3. The Majapahit Empire and Tidore's History could not be applied by Indonesia to claim West Papua as its territory, as it is not supported by Legal Historical facts.

4. The annexation of West Papua was part of Soekarno's personal expansionist program which was well planned long before the Independence of Indonesia, in which Malaysia and Portuguese Timor were included.

5. The US' intervention in support of Indonesia's ANNEXATION of West Papua using UN legitimacy, was driven by its political ambitions control the whole Indonesian Archipelago that strategically bridges two Continents and two Oceans. In order to control Indonesia, the US, applied Economical Dependency Approach (Domestic Economical Intervention to create Economical Dependency through Aids & Loans, thence Invest and Control Indonesia Economically and Politically.

6. The case of FREEPORT has become the greatest Law Scandal in the case of West Papua, that serve as a proof as CONSPIRACY between the US, the International World and Indonesia in order to omit the National Rights of the Papuans in West Papua:

o West Papua was in a transitional Political Status (pre 1969 Act of Free Choice). Although the status was not sure but the US was sure and convinced that Indonesia will win the Act of Free Choice, and continue its control over West Papua. This was the reason why the US directly deal with Indonesia in 1966 and was granted Rights and Mining Concession in 1967 for Mineral Exploitation in West Papua by the Government of Indonesia.


o The existence of FREEPORT is classified as COMPENSATION made by Indonesia to the US for its assistance in expelling the Dutch and ceded control over West Papua.

o Due to its vested interests through FREEPORT in West Papua, the US had succeeded in directing the UN General Assembly to 'take note' on the outcome of the Implementation of the 1969 Act of Free Tyranny - Determination (although law defective), for Indonesia's favour, that finally subjected West Papuans to various Human Rights violations.

o Through the assistance of the USA to the Indonesia's transmigration program based on the Secret Memorandum of Rome, the US had directly and systematically supported MINORISATION of the Papua-Melanesoid Ethnic by the Indonesia Government; and through FREEPORT operations, the USA had systematically support GENO/ETHNOCIDE Operations by the Indonesia Military to destroy Melanesian Ethnic in West Papua.

o The incapability of the UN facing US in this case, is generally caused by the following reasons:

- America is one of the founding states of the United Nations.

- America is one of the big fund donor for the United Nations.

- The United Nations in an important avenue of the US' foreign policy.

- As a permanent member of the UN Security Council, America utilized its Veto Right to reject every UNGA decision that was not in line with its foreign policy.

7. The 1962 NEW YORK AGREEMENT: o A New York Agreement is an orchestrated Law Defective

product; a real proof to the International Manipulation and Conspiracy to omit the National Rights of the West Papuans.

o The New York Agreement is a culmination mark between the period of respect and period of abuse and violations against Inalienable Rights of the West Papuans by the Indonesian Government.


o The New York Agreement is a proof of juridical violation of the US Government against Inalienable Rights of West Papua as a State and People in order to accomplish its ECONOMIC Interests by politicising the world situation.

o The New York Agreement is a proof to the function and the existence of the United Nations as legitimate medium of the US' foreign policy.

o The New York Agreement is a proof of inconsistency and inability to observe the United Nations to all Norms of Human Rights (applicable to West Papua/ns) that have been adopted by itself as Universal Standard Instruments.


III. LEGAL COVER The occupation of West Papua, either by the Dutch Colonial Government, or by the Indonesian Government, WAS NOT FOUNDED BY A FIRM LEGAL BASIS, AS WAS NOT BASED ON FREELY AND OPENLY EXPRESSED WILL OF THE PEOPLE OF WEST PAPUA.

III.1. THE NATION OF WEST PAPUA

The people of West Papua defined "NATION" as HISTORICAL GROUP OF PEOPLE OF RECOGNISABLE COHESION HELD TOGETHER BY ONE OMMON GOAL.

Similar to other part of the world, WEST PAPUA IS OCCUPIED BY AN ETHNIC, CULTURAL AND HISTORICAL GROUP OF PEOPLE OF A RECOGNISABLE COHESION, HELD TOGETHER BY ONE COMMON NATIONAL GOAL.

III.2 THE NATIONAL RIGHTS

1. West Papua (as State and People), is geographically isolated by 'blue water' from the rest of Indonesia. This fulfils the first pre-requisite for Self-Determination of a nation under the UN General Assembly Resolution NO. 1514.

2. West Papua (as State and People), is ethnically, culturally and historically, different from Indonesia and Indonesians. Whereas Indonesians are descendants from Asian Mongoloid Race, while West Papuans descendant from Melanesoid race, who are ethnically, and culturally share with other Melanesians in the South Pacific Island regions. This also fulfills the second prerequisite of Resolution 1541 of the UN General Assembly for Self Determination of a Nation.

III.3 THE POLITICAL STATUS OF WEST PAPUA

West Papua has a different pre-colonial, colonial and DECOLONISATION history to that of Indonesia.

Indonesia was at various times, part to various pre-colonial empires, while West Papua was never part to such empires.


Indonesia fought the Dutch an won her independence in 1945, while West Papua was formally ANNEXED and forced into integration with Indonesia in 1969. A difference of 24 years between Indonesia's independence and West Papua's purported integration by Indonesia with the United Nations and United States' backup.

On December 14 1960, the UN General Assembly had adopted a Declaration on Granting Independence to Colonised Countries and People. IT UPHELD THE NEED TO PAY REGARD TO THE FREELY EXPRESSED WILL OF THE PEOPLE OF THE COLONISED COUNTRIES.

The declaration was adopted as Resolution 1514(XV) by the UN General Assembly. It was manifestly violated by what had happened in West Papua (Either by the Annexation, and or by the Implementation of the 1969 Act of Self-Determination).

In accordance with Resolution 1514, the ANNEXATION of West Papua by Indonesia, based on its claim of the Dutch Indies Colonial Map, the Majapahit Empire and the Tidore Sultanate's history (which is factually improvable), is a violation against Inalienable Individual and National Rights of the West Papuan, and also violation against the United Nations General Assembly's Resolutions, namely, Resolutions 1515(XV), 2131(XX), 2625(XXV), 3314(XXIX),etc.

III.4 RECOLONISATION

The Act of Free Choice conducted in 1969 was very unlawful, for the New York Agreement that had based its implementation was a LAW DEFECTIVE INSTRUMENT, was it was unilaterally orchestrated by the US and signed by the Netherlands and Indonesia WITHOUT WEST PAPUANS BECOMING A PARTY THERETO. Such an action is classified as violation against the UN General Assembly Resolution 1514(XV) Chapter 2, and other International Instruments of Human Rights.

The status of the US in this case is QUESTIONABLE based on International Law. The United States was neither the administering state of either Indonesia or West Papua.

The role of the USA in the case of West Papua could therefore be understood in terms of so-called politics. It is obvious that West Papua/ns as a State and a People was simply VICTIMISED IN THE COLD WAR BETWEEN WEST AND EAST.


Two Law Defective Instruments resulted from SECRET NEGOTIATIONS between the USA, the Dutch and Indonesia are:

1. The 1962 New York Agreement, which stipulated main steps of transferring process of West Papua from the Dutch COLONISATION to the INDONESIAN RECOLONISATION through a UN Transitional Administration (UNTEA), and the implementation of the Act of Free Choice for the people of West Papua in 1969. Obviously, due to tight political control by the Armed Forces, Indonesia could finalise the implementation to her favour in no time.

2. The 'SECRET 3. Memorandum of Rome made and signed by the USA, Dutch

and Indonesia on September 30, 1962. Similar to the New York Agreement, the 'SECRET' Memorandum of Rome was agreed upon, based on on SECRET NEGOTIATIONS WITHOUT DIRECT INVOLVEMENT OF THE PEOPLE OF WEST PAPUA.

The striking difference between those two SECRET agreements are:

1. The New York Agreement was widely publicised and explained to the people of West Papua (Article X, the New York Agreement).

2. As SECRET it was, the 'SECRET' Memorandum of Rome was not publicised and not widely explained to the People of West Papua.


IV. THE NEW YORK AGREEMENT An Agreement; unilaterally orchestrated by the USA without any consent and involvement of the People of West Papua, that had based the implementation of the Act of Free Choice through "Penentuan Pendapat Rakyat - PEPERA", conducted in 1969 under the jurisdiction of the United Nations.

15 August 1962

AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA

AND THE KINGDOM OF THE NETHERLANDS CONCERNING

WEST NEW GUINEA (WEST IRIAN)

The Republic of Indonesia and the Kingdom of the Netherlands,

Having in mind the interests and welfare of the people of the territory of West New Guinea (West Irian) hereinafter referred to as "the territory"

Desirous of settling their dispute regarding the territory,

Now therefore, agree as follows:

Article i

After the present agreement between Indonesia and the Netherlands has been signed and ratified by both Contracting Parties, Indonesia and the Netherlands will jointly sponsor a draft resolution in the United Nations, under the terms of which the General Assembly TAKES NOTE of the present agreement, acknowledge the role conferred upon the Secretary-General of the United Nations therein, and authorizes him to carry out the tasks entrusted to him therein.

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 the jurisdiction of the Secretary-General upon the arrival of the United Nations administrator appointed in accordance with Article iv. The UNTEA will in turn transfer the administration to Indonesia in accordance with Article xii.

UNITED NATIONS ADMINISTRATION

Article iii

In order to facilitate the transfer of administration to the UNTEA after the adoption of the resolution by the General Assembly, the Netherlands will invite the Secretary-General to send a representative to consult briefly with the Netherlands Governor of the territory prior to the latter's departure. The Netherlands Governor will depart prior to the arrival of the United Nations Administrator.

Article iv

A United Nations Administrator, acceptable to Indonesia and the Netherlands, will be appointed by the Secretary-General.

Article v

The United Nations Administrator, as chief executive office of the UNTEA, will have full authority under the 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

The United Nations flag will be flown during the period of the United Nations Administration. With regard to the flying of the Indonesian and Netherlands flags, it is agreed that this matter will be determined by agreement between the Secretary-General and the respective governments.

Article vii

The Secretary-General will provide UNTEA with such security as the United Nations Administrator deems necessary such forces will primarily supplement existing Papuan police in the task of maintaining law and order. The Papuan Volunteer Corps, which on the arrival of the United Nations Administration will cease being part of the Netherlands armed forces, and the Indonesian armed 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 Netherlands armed 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 periodic reports to the Secretary-General on the principal aspect of the implementation of the present agreement. The Secretary-General will submit full reports to Indonesia and the Netherlands and may submit, at his direction, reports to the General-Assembly or to all United Nations Members.

FIRST PHASE OF THE UNTEA ADMINISTRATION

Article ix The United Nations Administration will replace as rapidly as possible top Netherlands officials as defined in Annex with non-Netherlands, non-Indonesian officials during the first phase of the UNTEA administration which will be completed on 1 May 1963. The United Nations Administrator will be authorized to employ on a temporary basis all Netherlands officials other than top Netherlands officials defined in Annex A, who wish to serve 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 authority to employ personnel provided by Indonesia. Salary rates prevailing in the territory will be maintained.

Article x

Immediately after the transfer of administration to the UNTEA, the UNTEA will widely publicize and explain the terms of present agreement, and will inform the population concerning the transfer of administration and the provision of the ACT OF SELF-DETERMINATION as set out in the present agreement.

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 or amend them within the spirit and framework of the present agreement. The REPRESENTATIVE COUNCILS will be consulted prior to the issuance of new laws and regulations or the amendment of existing laws.


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.

Article xiii

United Nations security forces will be replaced by Indonesian security forces after the first phase of the UNTEA administration. All United Nations security forces will be withdrawn upon the transfer of administration to Indonesia.

INDONESIAN ADMINISTRATION AND SELF-DETERMINATION

Article xiv

After the transfer of full administrative responsibility to Indonesia, Indonesia national laws and regulations will in principle be applicable in the territory, IT BEING UNDERSTOOD THAT THEY BE CONSISTENT WITH THE RIGHTS AND FREEDOM GUARANTEED TO THE INHABITANTS UNDER THE TERMS OF THE PRESENT AGREEMENT. New laws and regulations or amendments to the existing ones can be enacted within the spirit of the present agreement. The REPRESENTATIVE COUNCILS will be consulted as appropriate.

Article xv

After the transfer of full administrative responsibility to Indonesia, the primary task of Indonesia will be further intensification of the education of the people, of the combating illiteracy, and of the advancement of their social, cultural, and economic development. Efforts also will be made in accordance with present Indonesian practice to accelerate the participation of the people in local government through periodic elections. Any respects relating to the ACT OF FREE CHOICE will be governed by the terms of this agreement.

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-General after 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 appropriate time 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 the Secretary-General for the carrying out of their duties.


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 carry out the Secretary-General's responsibilities to advice, assist, and participate in arrangements which are the responsibility of Indonesia for the ACT OF FREE CHOICE. The Secretary-General after consultations with Indonesia. The United Nations Representative and his staff will have the same freedom of movement as provided for the personnel referred to in Article xvi.

Article xviii

Indonesia will make arrangements, with assistance and participation of the United Nations Representative and his staff, to give the people of the territory, the opportunity to exercise FREEDOM OF CHOICE. Such arrangements will include: a. CONSULTATION (Musyawarah_) with the representative councils on procedures and methods to be followed 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 their ties with Indonesia. d. The eligibility of all adults, male and female, not foreign nationals to participate in the ACT OF SELF-DETERMINATION to be carried out in accordance with 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 xix

The United Nations Representative will report to the Secretary-General on the arrangement arrived at for Freedom of Choice.

Article xx

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

Article xxi

After the exercise of the Right of Self-Determination, Indonesia and the United Nations Representative will submit final reports to the Secretary-General who will report to the General Assembly on the conduct of the Act of Self-Determination and the results thereof.


The parties to the present agreement will recognize and abide by the results of the Act of Self-Determination.

RIGHTS OF THE INHABITANTS

Article xxii

The UNTEA and Indonesia will guarantee fully the rights, including the rights of free speech, freedom of movements and of assembly of the inhabitants of the area. These rights will include the existing rights of the inhabitants of the territory at the time of the transfer of administration to the UNTEA. The UNTEA will take over existing Netherlands commitments in respect of concession and property rights. After Indonesia has taken over the administration it will honor those commitments which are not inconsistent with the interests and economic development of the people of the territory. A joint Indonesia-Netherlands commission will be set up after the transfer of administration to Indonesia to study the nature of the above-mentioned concessions and property rights. During the period of the UNTEA administration there will be freedom of movements for civilians of Indonesia and Netherlands nationalities to and from the territory.

Article xxiii

Vacancies in the representative councils caused by the departure of Netherlands nationals or for other reasons, will be filled as appropriate consistent by the UNTEA. The representative councils will be consulted prior to the appointment of new representatives.

FINANCIAL MATTERS

Article xxiv Deficit in the budget of the territory during the UNTEA administration will be shared equally by Indonesia and the Netherlands. Indonesia and Netherlands will be consulted by the Secretary-General in the preparation of the 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. 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.

PREVIOUS REALITIES AND AGREEMENTS

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 the terms of the present agreement.

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 the United Nations. In particular, the United Nations Administrator, appointed pursuant to Article iv, and the United 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.

Ratification

Article xxvii

Present Agreement will be ratified in accordance with the constitutional procedures of the Contracting Parties

The instruments of ratification will be exchanged as soon as possible at the headquarters of the United Nations by the accredited representatives of the Contracting Parties

The Secretary-General will draw up a process-verbal of exchange of the instruments of ratification and will furnish a certified copy thereof to each Contracting Party.

Entry Into Force

Article xxviii

The present agreement will enter into force upon the date of the adoption by the General-Assembly of the resolution referred to in Article I of the present agreement.


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 exchanged between the Contracting Parties. In witness whereof the undersigned plenipotentiaries, being duly authorized for that purpose by their respective governments, have signed the present agreement. Done at the headquarters of the United Nations, New York, 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 the government of each the Contracting Parties. (Signed, Subandrio For the Republic of Indonesia Signed J. Hermand van Roijen For the Kingdom of the Netherlands

Signed C.W.A. Schurmann For the Kingdom of the Netherlands

Documents

West Papua: from COLONISATION to RECOLONISATION (PAPUA BARAT dari KOLONISASI ke REKOLONISASI, WESTPAC The West Papuan Community Masyarakat Papua Barat © 1999, X 1414 - GF990/402