• Part - I     Historical Developments 

• Part - II   The Political Status of Irian Jaya : 
  Contending Positions of Indonesia and Netherlands

• Part - III     The New York Agreement : Legal Basis to Restore Irian Jaya into The Republic of Indonesia

 

 

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Permanent Mission of the

Republic of Indonesia 

to the United Nation, New York

 

 

IRIAN JAYA

 

Part I

HISTORICAL DEVELOPMENTS

The first records of the Indonesian archipelago date back from the period of the kingdom of Sriwijaya in South Sumatra, which lasted to the 12^th century and ruled over many parts of the archipelago. At about the same time, the kingdom of Majapahit (1292-1521) ruled over East Java. During this period, West Irian was called Djanggi. In all the records dating from this time onwards, Djanggi was unquestionably considered a part of Indonesia, which at that was named Nusantara. In a monumental book on national history, compiled and published by the statesman Gajah Mada in 1356 and written by the court-writer, Prapanca, we find that Indonesia was divided into western and eastern parts which included the present-day West Irian.

Prior to the arrival of the Dutch, the Indonesian islands constituted a field for competition between the two rivals – Portugal and Spain. They reached an agreement which partitioned Indonesia into two halves – the western half was to be frequented only by the Portuguese and the eastern half, including West Irian, by the Spanish. Soon after, the name of Nveba Gvince (New Guinea) was invented by a Spanish sailor, while the Portuguese had earlier referred to the big island in the east by the name of Ilha de Papoia.

When the 80 years’ war between Spain and Holland ended in favour of the Dutch, they concluded the Munster Pact (1648) by which the Dutch obtained privileges and gained complete monopoly over all the Indonesian islands. This Pact was reiterated and reinforced by the Utrecht Agreement (1714) and by the Agreement of St. Ildefonso (1797). Henceforth, it was the Dutch who exclusively carried on trade with the Indonesian islands, including West Irian.

The northern part of West Irian at that time was under the Sultanate of Tidore which was extended through Government Acts by the Netherlands in 1814, and to cover finally the whole western part of the island in 1848, as far as 140 degrees east longitude in the north and 141 degrees east longitude in the south. The Sultanate of Tidore in North Moluccas was used by the Dutch to establish their power in Irian because of the striking similarities in customs between Tidore and several parts of West Irian. The Dutch scholar, Vollenhoven, recently confirmed this fact.

Afterwards, Dutch policy was aimed at gradually disassociating West Irian from the Sultanate and at bringing the region under their direct control. The first step was taken in 1905 by granting the Sultan 6000 guilders per annum in exchange for his rights to the southern part of West Irian. The second step was directed towards the remaining part – the northwest of Irian. But in this, the Dutch Government met with strong resistance even from among the Dutch themselves. Dr Hovenkamp, a former commissioner for the residency of Ternate, said: "It is a pure misconception to presume the absence of practical ties between Tidore and the northern and north-western Irian. There have always been close ties, but they have been weakened by our Government, who should have strengthened them for the benefit of the people".*

In the international context as well, West Irian had long been acknowledged as an integral part of Indonesia. During the war between England and Napoleon’s France, the Indonesian islands fell into the hands of the British. At the conclusion of the war, the colonies were returned to the Dutch according to the London Agreement (1814-1824). In the sixth article of that Agreement, special mention was made of the eastern islands, including West Irian. Thus, 141 degrees east longitude was accepted without question in history and in international agreements as the eastern boundary of Indonesia. Another confirmation is to be found in the English Parliamentary Letters of July 1886, the "Correspondence respecting New Guinea" which gave detailed particulars regarding the boundary of the Netherlands New Guinea.

Prior to the Second World War, West Irian was included in the Dutch East Indies administration as the Government (province) of Moluccas with the town of Ambon as the seat of the Governor. This Government (province) was sub-divided into two residencies, the residency of Ambon, to which belonged the southern part of West Irian, and the residency of Ternate, to which belonged the northern part of West Irian. As the world knows, the Moluccas, with the towns of Ambon and Ternate, are and has always been part of Indonesia. So is the territory of West Irian, which was never mentioned apart from the Netherlands East Indies. It was and always has been looked upon as part of the Netherlands East Indies, and thus, also a part of Indonesia.

In sum, the claim that the people of West Irian are different in civilization and culture from Indonesia would not only be a ludicrous distortion of history but also a tendentious half-truth. For, inter-linkages between Indonesia and West Irian can be traced as far back as the pre-historic period. During that time, tribes originating from South-East Asia moved in a southern direction in several waves. Part of these migrations went through Indonesia and some reached Irian. Similarities in customs, manners, civilizations, culture and language strongly point to this truism. In modern times, the West Irianese use the national language of Indonesia – Bahasa Indonesia – as their lingua franca with their brethren from other parts of the country. This language is also used by the West Irianese to communicate with people from different linguistic groups within their territory. Regardless of ethnical, cultural and linguistic differences, people in different parts of the islands call themselves Indonesians. Indonesia is their nationality and they all live in the territory once governed by the Netherlands as a single entity known as the Netherlands East Indies, of which West Irian was an integral part. (Indonesian Permanent Mission, New York)

* The outbreak of the Second World War brought an end to the dispute. In July 1949, the Dutch made use of an agreement signed in 1909 between some Sultanates in East Indonesia and the Netherlands-Indies Government, in which the Dutch had managed to obtain the right of bringing under their direct control any of the self-governing territories at any time.

A Historical Fact

The people of Indonesia had realised their right to self-determination after a long struggle against colonial rule when they proclaimed their independence on 17 August 1945, which led to the establishment of a free and independent Republic of Indonesia, covering the whole territory of the former Netherlands East Indies. Such a right, however, was challenged by the colonial power and armed conflict between Indonesia and the Netherlands ensued. The conflict ended when the parties concluded a peace agreement under the auspices of the United Nations Commission for Indonesia resulting in the Round Table Conference, held at The Hague in 1949. The peace accord of 2 November 1949 was achieved as result of the full recognition and acceptance by the Netherlands of the independence and sovereignty of Indonesia as reflected in article 1 of the Charter of Transfer of Sovereignty (S/1417/Add.1) which provided :
 

“The Kingdom of the Netherlands unconditionally and irrevocably transfer complete sovereignty over Indonesia to the Republic of the United States of Indonesia and thereby recognises said Republic of the United States of Indonesia as an independent and sovereign State”.*

The Round Table Conference agreement, however, did not settle the conflict between Indonesia and the Netherlands in a comprehensive manner. It left the question of the Indonesian territory of West New Guinea, constituting a substantial part of its territory, to be resolved within a period of one year. This unsettle question found a temporary compromise in Article 2 of the Charter of Transfer of Sovereignty wherein it was decided that with regard to the residency** of  New Guinea :

“In view of the fact that it has not been possible to reconcile the views of the parties on New Guinea, which remain, therefore, in dispute.”

“In view of the dedication of the parties to the principle of resolving by peaceful and reasonable means any differences that may hereafter exist or arise between them”.

“That the status quo of the residency of New Guinea shall be maintained with the stipulation that within a year from the date of Indonesia, the question of the political status of New Guinea be determined through negotiations between the Republic of Indonesia and the Kingdom of the Netherlands”.

For Indonesia, this was a difficult compromise for what this envisaged was that the Netherlands military presence and administrative control would remain in Indonesian territory for the stipulated period of one year. It also presented Indonesia with great difficulties to have part of its territory under occupation and have such a position ratified by its Parliament. Therefore, it can be said that Indonesia’s acceptance of this compromise was a reflection of its sincere determination to resolve through peaceful means in accordance with the aims of the United Nations and its own national policies, a situation that had the potential to disturb international peace and security. What made this position even more unacceptable was that the newly independent Republic of Indonesia had to contend with a dispute over its territory, when it was not a question of its making*

Indonesia’s right of sovereignty rests on two grounds : first, it had succeeded to Dutch sovereignty over the whole of the Netherlands East Indies, including Irian Jaya; second, there were historical ties between the rest of Indonesia and Irian Jaya.

It is a historical fact that West Irian was always an integral part of the territory of the former Netherlands East Indies, and therefore, of the Republic Indonesia. In this context, it is fitting to recall that never at any time prior to the Round Table Conference was there any doubt about the status of West Irian in the negotiations and agreements between the Dutch and the Indonesians. On 25 March 1947 the two parties signed the Linggardjati Agreement and Article 3 of the said Agreement specifically stated :

‘‘The United States of Indonesia shall comprise the entire territory of the Netherlands East Indies”

The status of the Netherlands East Indies territory including West New Guinea, was never in question is further confirmed by the following events concerning the validity of Indonesia’s position.
 

1. In December 1946 the Dutch Governor-General Dr. H.J. Van Mook reiterated the view of his Government : 

“Decidedly not the intention of the Government ( the Dutch Government) to exclude  New Guinea from Indonesia”.

2. On 17 January 1948, the Renville Agreement reached under the auspices of the United Nations  Good Offices Committee stated inter alia :

“Sovereignty throughout the Netherlands East Indies is and shall remain with the Kingdom of the Netherlands until, after a stated interval, the Kingdom of Netherlands transfers its sovereignty to the United States of Indonesia”
Once again, it was apparent that the Netherlands East Indies would be replaced by a new sovereign and independent state of Indonesia.

3. The preliminary agreement on the Round Table Conference, the so-called Roem-Van Royen Agreement of 7 May 1949 asserted :*

“The discussions will take place as to the way in which to accelerate the unconditional transfer of real and complete sovereignty to the United States of Indonesia in accordance with the Renville Agreements”*

4. The same viewpoint was reaffirmed in the letter by the Netherlands 

   representative to the United Nations dated 2 March 1949 :

“the Netherlands Government has reached the conclusion that the best solution of the pending problem is to be found in an accelerated transfer of sovereignty over Indonesia to an Indonesian federal government which will be fully representative of the whole of Indonesia”.

5. Also, it is pertinent to note that the delegation of the Netherlands had concluded the earlier preliminary Roem-Van Royen Agreement at the Round Table Conference and affirmed in the Security Council proceedings.

“As I explained at the outset, this dispute is not about the question of whether or not Indonesia will become independent. All parties agree that what we used to be the Netherlands East Indies should become an independent State as soon as possible”.*

Furthermore, Dr. Van Royen stated at that meeting :

“the population of Indonesia consists about seventeen ethnic and linguistic groups which, in their turn, contain a still greater number of sub-group....Common existence under the Netherlands Crown has created a sense of Indonesian nationality”.

This statement is most relevant because it demonstrates not only the common existence but also common fate and common struggle of the people of Irian Jaya with the rest of Indonesia colonial rule.

Despite these unquestionable grounds of commonality of interests between the people of Indonesia and West Irian, Indonesia found it deeply regrettable and troubling that during the Round Table Conference, the Government of the Netherlands took a position contrary to its previous commitments. By reneging on its commitments, the Dutch authorities insisted on retaining their control over West Irian. The reason being, it was widely believed that the Dutch wanted the territory exclusively for settlement by Dutch-Indonesians under continued Dutch colonial rule. Indonesia protested and a deadlock was inevitable. At the end of the Round Table Conference, the Head of Indonesia’s delegations stated “
 

“Our happiness is rather suppressed because not all question have been solved. Irian or New Guinea still remains a dispute”

When one defines “Indonesia”, it has national and political connotations as it was used in the national struggle for independence and was to replace the name “Netherlands East Indies” . The name Indonesia was legalised by the Netherlands itself and contained in article 1 of the Netherlands Constitution of 1922 which reads :

“The Kingdom of the Netherlands consists of the territories of the Netherlands, the Netherlands Indies, Surinam and the Netherlands Antilles”.

Later in 1948, when the Constitution of the Netherlands was amended, it provide:

“The Kingdom of the Netherlands consists of the Netherlands, Indonesia, Surinam and the Netherlands Antilles”.

Such a clear demarcation was also contained in the Constitution of Indonesia, in 1945 and 1950 as the separation of Indonesia from West Irian was only meant to be temporary pending negotiations between the concerned parties.

West Irian was thus never mentioned apart from the Netherlands East Indies. After the Second World War, it was part of the Residency of Ternate within the province of Moluccas with Ambon as its capital. Later, it became a residency itself. Thus, it was only logical for the Government of the Netherlands in 1949 report to the United Nations to state:

“Indonesia consists of series of island groups in the region of the equator, extending from the mainland of Asia to Australia. The principal groups are the Greater Sunda Islands, the Mollucas and New Guinea, west of 141 degree east longitude”.

In the contemporary world, Indonesia is accepted throughout the world as one nation comprising numerous and diverse ethnic and cultural groups that live in the territory of the former Netherlands Crown as a single entity.

Thus, no one can draw artificial distinction between the Papua and Malay peoples. Mixed groups have developed in many parts of the Mollucas in the course of history. It can not be determined therefore that the West Irianese are an exclusive racial stock. There were and continues to be Indonesian coming from other islands to live in West Irian. The people of West Irian also live in other island such as the Mollucas, Sulawesi, the Lesser Sundas and in Java. Hence, close relationship has been established over the years between this region and other parts of Indonesia.

The importance of Irian Jaya to Indonesia must be self-evident. In covering 413,000 square kilometres, West Irian is an area constituting 22 million per cent of the entire Indonesian territory with population of about 2 million and although under-developed was thoroughly neglected by the colonial authorities. It is also significant in the political and national spheres. As part of the Netherlands East Indies, West Irian and its people played an important role in the Indonesian struggle for freedom and independence. Hence, the Indonesian Proclamation of Independence of 17 August 1945 was of profound significance for the West Irian peoples who considered themselves as Indonesians. Following this Declaration by their national leaders, the people of West Irian, together with the rest of the Indonesian population resisted attempts to re-impose colonial rule.

In 1946, largely on the initiative of Mr. Silas Papare, who was decorated by the Allies for his prominent role in the resistance movement during the Japanese occupation of West Irian and later became a member of the Indonesian Parliament, the largest and most active political group emerged called “Partai Kemerdekaan Indonesia Irian”. This organization played a particularly significant role in the independence of the entire Indonesian nation by struggling for the noble cause of the exercise of self–determination of its people. Their acts rapidly won support and praise of the entire Indonesian population.

At that time in West Irian, the situation was described by the Netherlands Parliamentary mission that visited the area to be generally poor. In this regard, the report released in 1954 depicted social conditions of laborers as “very bad”, wage scales as discriminatory on a racial basis and educational program as unsuitable. 122 years of Dutch colonial rule had cemented even closer ties between the people of West Irian and their Indonesian brethren in the rest of the country.

Since the conclusion of the Round Table Conference, Indonesia had sought to find ways for a peaceful settlement to the question of West Irian in line with Article 2 of the Charter of Transfer of Sovereignty:

 

1. In April 1950, an Indonesian-Netherlands Ministers’ Conference on financial matters in  Jakarta did some preliminary work on the question of West Irian. Also a Commission comprising of  Netherlands and Indonesian representatives was established to visit and make an investigation  on West Irian. 

The Conference decided that negotiations on this question should continue, on the basis of the report of the Commission, at the Second Conference of Ministers of the  Netherlands-Indonesian Union at The Hague during 1950.

2. In December 1950, the Second Conference of Ministers of the Union was held at The Hague. During 1950 the course of these negotiations, the parties decided to stipulate a period of one year from 27 December 1950, the date of the conclusion of the Round Table Conference Agreement. At that conference, the Indonesian delegation submitted a note containing the following main point upon which to base the resolution of  this dispute: 

 “That de jure sovereignty over West Irian of the Republic of Indonesia be recognised by the Dutch without delay, and that the transfer of the Netherlands Administration could be implemented through mutual arrangements by the middle of 1951”.

In an effort to arrive at a compromise solution, the Indonesia delegation, aside from guaranteeing human rights and religious freedom, also agreed to provide autonomy for the territory. It also recognised the present and future interests of the Dutch in West Irian, including the guarantee to employ Dutch officials in the administration and its nationals in the immigration department. On the other hand, in a significant departure from its past commitments, the counter proposals of the Dutch included the transfer of sovereignty over West Irian to the Netherlands Indonesian Union and to retain in the Netherlands the administration of the Territory, with Indonesian members participating on a parity basis in a West Irian Council. These were totally unacceptable to Indonesia as it would perpetuate colonial domination and practices. The West Irian dispute thus failed to be settled.

3. In December 1951, a third Indonesian-Netherlands Conference was held. At this time the Netherlands proposed that the dispute be submitted to the International Court of Justice which Indonesia rejected arguing that the issue in question was a political and not of a juridical nature.
   Indonesia made sincere efforts to break the ‘impasse’ but the negotiations had to be suspended due to a change of Government in Jakarta.

4. The Government of Indonesia had made this issue a priority to be resolved in a peaceful manner but the Dutch Government showed a reluctance to negotiate a final solution while remaining the colonial ruler. Throughout the dispute, Indonesia has challenged the sovereignty of the Netherlands over West Irian. The exercise of such sovereignty was unacceptable as it contravened the Charter of  Transfer of Sovereignty to “unconditionally” transfer complete sovereignty over Indonesia to the new Indonesian Republic.

It was against the backdrop of the aforementioned developments and the refusal of the Dutch to enter into negotiations thereafter that the Indonesian Government deemed it necessary to bring this matter to the General Assembly at its ninth session in 1954. After full consideration of the matter, the First Committee adopted by a two-third-majority vote resolution A/C.1/760 that was thereafter submitted to the General Assembly. Regrettably, the General Assembly failed to adopt the resolution despite the support of many member States.

In April 1955, the Asian-African Conference, convened in Bandung and attended by 29 countries, representing two thirds of the world’s population, adopted the following resolution :

“The Asian-African Conference in the context of its expressed attitude on the abolition of colonialism, supported the position of Indonesian in the case of West Irian, based on the relevant agreements between Indonesia and the Netherlands.

“The Asian-African Conference urged the Netherlands Government to reopen negotiations as soon as possible to implement their obligations under the above-mentioned agreements, and expressed the earnest hope that the United Nations would assist the parties concerned in finding a peaceful solution to the dispute”

Such unstinted support of the Bandung Conference for a negotiated settlement of the colonial question of West Irian was greatly appreciated by Indonesia as well as all those member State that espoused the purposes and principles of the United Nations Charter. The efforts of the Asian-African Governments proved successful and General Assembly adopted resolution 915 (X) in 1955 on the question of West Irian. Regrettably, from the years 1954 to 1957 and in 1961, the United Nations General Assembly discussed this item but the adoption of a resolution proved elusive.

Meanwhile, in 1960, diplomatic relations between the two countries were broken after the Netherlands’ dispatch of its aircraft carrier to New Guinea waters in order to safeguard its on-going preparations for internal self-government in West Guinea. In response to such manoeuvres, the Indonesian Government adopted a more assertive policy outlining a possible military take-over the occupied territory by announcing the “Tri Komando Rakyat” (People’s Triple Command) i.e. :

1. to thwart the formation of a puppet state of Papua by the colonial power ;
2. to raise the Indonesian Red and White flag in West Irian ; and
3. to prepare a general mobilisation to defend national independence and unity;

Such a pronouncement demonstrated beyond any doubt that a military confrontation between Indonesia and the Netherlands was inevitable.

As a co-sponsor and ardent supporter of the historic landmark General Assembly resolution 1514 (XV), Indonesia objected to the Government of the Netherlands to invoke the said resolution not to complete the independence of the Indonesian nation but to partition its territory.* Indonesia continued to extend its cooperation to resolve the dispute in a peaceful way but made clear that it would not hesitate to use force to defend its territory.

The Government of Indonesia also took strong exception to the efforts of the Netherlands to confuse the meaning of Article 73 of the United Nations Charter and of General Assembly Resolution 1514 (XV). In this context, it emphasised that Article 73 could not apply to West Irian as it forms an integral part of the Republic of Indonesia and was occupied by force the colonial authorities. ** Likewise, it stated that Resolution 1514 (XV) had no relevance to the case of West Irian in view of paragraph 6 which declared that “the partial or total disruption of national unity and the territorial integrity of a country is incompatible with the purposes and principles of the United Nations Charter”. Furthermore, Indonesia maintained that if the United Nations were sincere in resolving this issue, it would eradicate Dutch colonialism and return that territory into the fold of the Republic of Indonesia. Bringing this dispute under Article 73 would mean a negotiation of the letter and spirit of the Round Table *Conference as well as a denial of freedom and such an approach was contrary to the purposes of the United Nations Charter and, in essence Article 73 itself.

For eight long years, the General Assembly had been unable to assist the parties in finding a solution. Thus, it became apparent that only bilateral negotiations would provide a reasonable solution – the transfer of the administration of West Irian to Indonesia. Since such a transition was of compelling national interest as it concerned the completion of its territorial sovereignty and also in light of breakdown of diplomatic relations between two countries, Indonesia had no alternative but to seek a third party as intermediary in the needed bilateral negotiations. Indonesia availed of initiative of the UN Secretary –General to join the Netherlands in informal discussions. Both Government agreed to the intermediary of the Secretary General U Thant and Ambassador Ellsworth Bunker. Largely due to their tireless efforts and coupled with the desire of both Indonesia and the Netherlands, a settlement was reached within a period of two weeks which can be regarded in the annals of international affairs as a speedy settlement considering a conflict that had lasted for 13 years. This gave birth to the New York Agreement that was signed by Foreign Minister Dr. Subandrio of Indonesia and Ambassador J. H. van Roijen and C. Schuurman of the Netherlands, in the presence of the Secretary-General, in New York, on 15 August 1962.

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