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

Tue Aug 9 04:11:32 CEST 2005

Pak Yap,

Jadi kalo dibaca Papua itu udah sah kan secara internasional .... terus 
orang US mau apa lagi ....?

Zaenal

----- Original Message ----- 
From: "Yap Hong Gie" <ouwehoer at centrin.net.id>
To: "INTI DPP" <intidpp at cbn.net.id>; "Post Apakabar" 
<apakabar at yahoogroups.com>; "Post FSAB Yahoo" <fsab at yahoogroups.com>; "Post 
Hankam Grp" <hankam at yahoogroups.com>; "Post IndoMildiLN" 
<IndoUsaMil at yahoogroups.com>; "Post KIAD Grp" <KIAD at yahoogroups.com>; "Post 
MAR Polarhome" <marinir at polarhome.com>; "Post Nasional-list" 
<nasional-list at yahoogroups.com>; "Post Tionghoa-Net" 
<tionghoa-net at yahoogroups.com>; "Post Wahana-News" 
<wahana-news at yahoogroups.com>; "Post X-PPI Se-Eropa77-87" 
<X-PPI_Se-Eropa77-87 at yahoogroups.com>
Cc: "Sharif Dayan" <bimasena at ksatrian.or.id>; "Jerry Gray" 
<kusuma71 at cbn.net.id>; "Hasan M. Soedjono" <hms at cbn.net.id>; "Wuryastuti 
Sunario" <tbsc-strategy at indo.net.id>; "Henry Biantoro" 
<hbiantoro at concord-consulting.com>; "Michael Utama" <michael at domas.co.id>; 
"Rinto Jiang" <rinto at spitze.homeip.net>; "Marty Natalegawa" 
<rm3n at yahoo.com>; "Nani Sutojo Nurrachman" <ratnawatisutojo at yahoo.com>
Sent: Monday, August 08, 2005 8:32 PM
Subject: [Marinir] Schumann Van Creveld: PEPERA/ACT OF FREE CHOICE IN PAPUA

>
> PEPERA / ACT OF FREE CHOICE IN PAPUA.
> ---------------------------------------------------
>
> 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)
>
>
> _______________________________________________
> Marinir mailing list
> Marinir at polarhome.com
> http://www.polarhome.com/mailman/listinfo/marinir
>
> 