Fwd: http://groups.yahoo.com/group/hankam/message/9165
PEPERA / ACT OF FREE CHOICE IN PAPUA.
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SCHUMANN VAN CREVELD, PhD
Analyst of Indonesia, Chicago, IL.
I. Chronology of Free of Act choice / 1969 in Papua
Act of Free choice / Act of Self-Determination, known as PEPERA in
Indonesia has widely been regarded as legitimate and historic
democratic process in the history of Indonesia. Indonesia, officially
known as the Unitary State of Indonesia.
Once Indonesia was the colony of Dutch. The independence proclaimed on
August 17 August 1945 bringing the dispute of Papua (or West New
Guinea or Irian Jaya) territory. This territory once was used to be a
part of Indonesia (based on Dutch document, Papua was the part of
Mollucas territory).
Finally the agreement was reached when Indonesian government and Dutch
government agreed to conduct PEPERA in 1969 as the result of New York
Agreement, 1962.
The conduction and result of PEPERA had been done together with UN and
endorsed by UN with Resolution 2504 (XXIV). It then was followed by
the condition of integration of Papua with Indonesia.
A. The chronology of Act of Free choice / PEPERA is as follows:
1828: West Papua was the part of Dutch colony since 1828
1949: Dutch admitted the Indonesian independence in 1949, instead of 1945
1949 (November): Indonesian and Dutch government agreed to answer the
question of political status of Papua through later negotiations.
1954: After 5 years, there was no progress from Dutch regarding the Papua.
Indonesia appealed to UN in 1954.
1954: UN Secretary General, U-Thant appointed US Ambassador Elsworth
Bunker as mediator between Indonesian and Dutch government.
1962, 15 August: Finally agreement was reached. Both nations agreed to
sign the so-called New York Agreement on 15 August 1962. Indonesia was
represented by Subandrio, while Dutch by Dutch Ambassador for UN, Van
Roijen and Schurmann.
1962, 21 September: The agreement of New York was officially listed
with resolution number 1752-about New York agreement-21 September 1962.
The agreement was monitored internationally and officially by UN,
International Community and US government.
The New York agreement contained 29 chapters with 3 main contents:
· Transfer of administration from Dutch to UN (Ch 2- 11)
· Transfer of administration from UN to Indonesia (Ch 12-13)
· Self-Determination (Ch 14-21)
The execution of UN to Papua was done by UNTEA.
Dutch surrendered Papua to UN on 1 October 1962.
1962, 1 October - 1963, 1 May: 2 sequences of replacing Dutch officers
with non-Dutch officers.
B. The Legality and UN-officially full standard of Self-Determination
(PEPERA)
Based on New York agreement, after complete replacement, the self
determination will be executed. The guiding of self-determination is as
follows:
a. The execution of self-determination must be under / accompanied by
advice, assistance and participating of UN.
b. The procedures must be negotiated with municipal representatives
c. The conduct must fulfill international practice benchmark
d. UN and Indonesia must report the execution to GA of UN
e. Indonesia and Dutch must obey and subjected to the result of PEPERA
New York agreement never mentions One Man One Vote.
Instead, New York agreement was made officially to guarantee
transparency in Self-Determination by involving the instruments of
advice, assistances, participations of UN and International Community.
Then, also by the official reports to GA of UN.
In order to conduct the legality and mandate given to UN, UN had
appointed UN Ambassador from Bolivia, Fernando Ortiz Sanz.
1968, 12 August: The arrival of UN Ambassador from Bolivia, Fernando
Ortiz Sanz to provide advice, assistance, participation, and reports
of self-determination conduction.
1968, 22 August: The opening of UN Representative in Jayapura
1969, 4 August: The closing of UN Representative in Jayapura
C. Important Notices regarding the dispute of PEPERA legality:
The New York agreement never specifically mentioned of procedures and
ways to conduct the self-determination.
Therefore the procedures and ways were conducted according the
condition by that time. The condition was considered from the
dimensions of social development, economy, culture, and geography.
The New York agreement did not oblige the system of one man one vote.
There is no any international documents in international law obliging
the self-determination by one man one vote system.
In order to determine the best way to conduct self-determination in
Papua, Indonesia had discussed with UN in Jakarta and New York. Based
on that negotiation, Indonesia had sent the official letter to
Ambassador Fernando Ortiz Sanz by 18 February 1969 regarding the ideas
about conduction of PEPERA
a. PEPERA was to be conducted by democratic means, using the
consultative in all regional of Papua.
b. The people consultative is divided by:
· Regions elected directly by people
· Functional representing political, social, culture, religion
· Traditional contained of directly elected tribes
representatives
c. This method must be consulted with people of Papua as
mentioned in
New York agreement.
Based on this idea, UN had declared its readiness to cooperate and
participate in conduction of PEPERA. UN had fully involved in process
of consultation between government and people of Papua regarding PEPERA.
Finally this method was decided as the best method in conduction of
PEPERA.
The Djakarta Times / 26 February 1969 issued the headline "UN and the
Netherlands approve Indonesian Policy on Act of Free Choice. It means
The UN and Dutch Government have approved the policy of Indonesian
government on the act of free choice in West Irian by way of
consultations and not by the one-man-one vote system.
Based on that, PEPERA was done by representatives system.
During the PEPERA from 14 July - 2 August 1969, Vice Secretary General
of UN had participated actively as stipulated by New York agreement.
Before the General Assembly of UN, he declared that:
"The petitions opposing annexation to Indonesia.. Show that without
doubt certain elements of the population of West Irian held firm
convictions in favour of independence. Nevertheless the answer given
by consultative assemblies to the questions put to them was a
unanimous consensus in favor of remaining with Indonesia Finally on
the basis of the facts presented in this report and the documents
referred to, it can be stated that with the limitations imposed by
geographical characteristics of the territory and the general
political situations in the area, an act of free choice has taken
place in West Irian in accordance with Indonesian practice, in which
the representatives of the population have expressed their wish to
remain with Indonesia.
Finally GA of UN / 19 November 1969 had accepted resolution (XXIV).
Then the GA endorsed the conduction of PEPERA in Irian Jaya as agreed
in New York agreement.
The resolution is:...
Bearing in the mind that, in accordance with article XX1 paragraph 2
both parties to the agreement have recognized these results and abide
by them Takes not of the report of the secretary general and
acknowledges with appreciation the fulfillment by the secretary
general and his representative of the tasks entrusted to them under
the agreement of 15 August 1962 between Republic of Indonesia and
Kingdom of the Netherlands concerning West New Guinea (West Irian)
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