[Marinir] Schumann Van Creveld: PEPERA/ACT OF FREE CHOICE IN PAPUA

[Yap Hong Gie]

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)