You are on page 1of 59

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.
….……. 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

WEST PAPUA: From COLONISATION to RECOLONISATION -2-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -3-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -4-


(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

WEST PAPUA: From COLONISATION to RECOLONISATION -5-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -6-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -7-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -8-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -9-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -10-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -11-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -12-


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,

WEST PAPUA: From COLONISATION to RECOLONISATION -13-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -14-


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.'

WEST PAPUA: From COLONISATION to RECOLONISATION -15-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -16-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -17-


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).

WEST PAPUA: From COLONISATION to RECOLONISATION -18-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -19-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -20-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -21-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -22-


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 fA i O hi f h i ht ill tb ti fl i th

WEST PAPUA: From COLONISATION to RECOLONISATION -23-


States of America. Ownership of such copyright will vest by operation of law in the
authors and/or The Center for World Indigenous Studies, Fourth World Journal or
DayKeeper Press. The Fourth World Documentation Project Archive and its authors
grant a license to
those accessing the Fourth World Documentation Project Archive to render
copyright materials on their computer screens and to print out a single copy for
their personal non-commercial use subject to proper attribution of the Center for
World Indigenous Studies Fourth World Documentation
Project Archive and/or the authors.

Questions may be referred to: Director of Research Center for World


Indigenous Studies
PMB 214 1001 Cooper Point RD SW Suite 140
Olympia, Washington 98502-1107 USA
360-754-1990
Web-site: http://www.cwis.org E-mail: usaoffice@cwis.org

OCR Software provided by Caere Corporation

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.

WEST PAPUA: From COLONISATION to RECOLONISATION -24-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -25-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -26-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -27-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -28-


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).

WEST PAPUA: From COLONISATION to RECOLONISATION -29-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -30-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -31-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -32-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -33-


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:

WEST PAPUA: From COLONISATION to RECOLONISATION -34-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -35-


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
31 March 1969/
3. Nabire Paniai
01 April 1969
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

WEST PAPUA: From COLONISATION to RECOLONISATION -36-


Attachment

IMPLEMENTATION OF THE ACT OF FREE CHOICE IN


WEST PAPUA (July 14 - August 02, 1969)

TOTAL MEMBER OF
No. REGENCY DATE CONDUCTED
POPULATION THE DMP
14 July 1969 (5.30
01. Maroke 144,171 175
hours)
16 July 1969 (4.05
02. Jayawijaya 165,000 175
hours)
19 July 1969 (4.30
03. Paniai 156,000 175
hours)
23 July 1969 (3.05
04. FakFak 43,187 75
hours)
26 July 1969 (3.17
05. Sorong 75,474 110
hours)
29 July 1969 (5.10
06. Manokwari 49,974 75
hours)
Teluk 30 July 1969 (3.55
07. 91,870 131*)
Cenderawasih hours)
02 August 1969
08 Jayapura 83,750 110
(4.00 hours)
total population of 1,026
8 REGENCIES 8 DAYS
809,326 electorate

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

WEST PAPUA: From COLONISATION to RECOLONISATION -37-


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.
DEGREE OF
ARTICLE SUBJECT
IMPLEMENTATION
I. Ratification of the Agreement 1 2 3 4
Transfer of Administration (from the
II. X
Netherlands to the UN)
III. The UN Administration X
IV. The UN Administrator X
V. The UNTEA's Chief Executive Officer
1. The UN Flag
X
2. The Indonesian and the
VI.
Netherlands' Flags
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
Social, Cultural, and Economic
XV. X
Developments
XVI. The UN Experts X
The UN Representative for the
implementation of the Act of
XVII. X
Self-Determination
• The Musyawarah Method
XVIII. X X

• The Dates of Implementation


X

• The Formulation of Questions


X X

WEST PAPUA: From COLONISATION to RECOLONISATION -38-


• Eligibility
X X

Reporting re-arrangement for Freedom


XIX. X X
of Choice
XX. Completion of the Act X
Final Report X
XXI.
Acceptance of the Result X
Rights of the Inhabitants:
X X
• Guarantee

• Concessions
X
XXII.
• Honoring Commitments
X X

• Freedom of Movement for non-


Papuans Civilians X

XXIII. Representative Council Vacancies X X


Financial Matters:
X
• Deficit in Budget

XXIV.
• UNTEA's Budget
X

• 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.

WEST PAPUA: From COLONISATION to RECOLONISATION -39-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -40-


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'.

WEST PAPUA: From COLONISATION to RECOLONISATION -41-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -42-


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 No society could be said primitive and no terrain so
Leone 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

WEST PAPUA: From COLONISATION to RECOLONISATION -43-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -44-


WEST PAPUA: From COLONISATION to RECOLONISATION -45-
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.

WEST PAPUA: From COLONISATION to RECOLONISATION -46-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -47-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -48-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -49-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -50-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -51-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -52-


(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

WEST PAPUA: From COLONISATION to RECOLONISATION -53-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -54-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -55-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -56-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -57-


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.

WEST PAPUA: From COLONISATION to RECOLONISATION -58-


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

WEST PAPUA: From COLONISATION to RECOLONISATION -59-