[Marinir] Schumann Van Creveld: PEPERA/ACT OF FREE CHOICE IN PAPUA
Yap Hong Gie
ouwehoer at centrin.net.id
Wed Aug 10 05:03:29 CEST 2005
Pak Zainal,
Sudah lama ada "taskforce" AS, AUS dan EU (dalam baju-baju LSM), untuk Irian
Barat, misinya adalah menggerakan agar Papua merdeka.
Pernah LSM kita ada pertemuan (06/11/'03) dengan KASUM TNI Letjen Chaniago
bersama dengan Kapuspen TNI Mayjen Syafri Syamsudin di Mabes TNI, kita sudah
menyampaikan hal ini.
Juga dalam pertemuan (18/05/'05) dengan KASAD Jenderal TNI Djoko Santoso
sudah kita ingatkan di Irian terjadi perang a-symetris (inconventional) yang
intensitas ancamannya jauh lebih sulit dan berbahaya.
Best regards, yhg.
------------------
----- Original Message -----
From: "Zaenal Arief" <combat at melsa.net.id>
To: "Mailing List Marinir TNI/AL" <marinir at polarhome.com>
Sent: Tuesday, August 09, 2005 9:11 AM
Subject: Re: [Marinir] Schumann Van Creveld: PEPERA/ACT OF FREE CHOICE IN
PAPUA
> 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>
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> 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)
>>
>>
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