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For Use of Information Media -- Not an Official Record) Press Release PM/4164 15 August 1962

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For Use of Information Media -- Not an Official Record) Press Release PM/4164 15 August 1962 UNITED NATIONS Press Services Office of Public Information United Nations, N.Y. (For use of information media -- not an official record) Press Release PM/4164 15 August 1962 AGREEMENr BmwEEN THE REPUBLIC OF INtONESIA AND THE KINGDOM OF THE NETHERLANDS CONCERNING WEST----------------------- Nl!.W GUINEA (WEST IRIAN) The Republic of Indonesia and the Kingdom of the Netherlands, Having in mind the interests and welfare of the peoples of the territory of West r~ew Guinea (West Irian) hereina:f'ter referred to as "the territory," Desirous of settling their dispute regarding the territory, Now, therefore, agree as follows : Ratification of Agreement and Resolution of the General Assembly of the United Nations Article I After the present Agreement between Indonesia and the Netherlands has been signed and ratified by both Contracting Parties, Indonesia and the Netherlands will jointly sponsor a draft resolution in the United Nations under the terms of which the General Assembly of the United Nations takes note of the present Agreement, acknowledges the role conferred upon the Secretary-General of the United Nations therein, and authorizes him to carry out the tasks entrusted to him therein. T~ansfer of Administration Article II After the adoption of the resolution referi~d to in Article I, the Netherlands will transfer administration of the territory to a United Nations Temporary Executive Authority (UNI'EA) established by and under the jurisdiction of the Secretary-General upon the arrival of the United Nations Administrator appointed in accordance with Article IV. The UNrEA will in turn transfer the administration to Indonesia in accordance with Article XII. United Nations Administration Article III In order to facilitate the transfer of administration to the UNTEA after the adoption of the resolution by the General Assembly, the Netherlands will invite the Secretary-General to send a representative to consult briefly with the Nether­ lands Governor of the territory prior to the latter• s departure. The Netherlands Governor will depart prior to the arrival of the United Nations Administrator. {more) Press Release PM/4164 15 August 1962 ~.cle IV· A United Nations Administrator, acceptable to ·Indonesia and the Netherlands, will be appointed by the Secretary-General. 1 Article V The United ~rations Administrator, as chief executive officer of the UNrEA, will have full. authority under the di~ection· of the Secretary-General to adminia- . ~ . ter the terrltory for the period of tb.a uNTEA admWstration in accordance w1 th the terms of the present Agreement. Article VI 1. The United Nations flag Will be flown during the period of United' Nations administration. 2. With regard to the flying of the Indonesian and· Netherlands flags, it is agreed that this matter will be determined by agreement between the Secretary- General and the respective governments •.. Article VII . The Secretary-General will provid.e the UNrEA with such security forces as the . United ~ations Administrator deems necessary; such forces will primarily supple- ment existing Papuan police in the task of ~iri:taiiling J.&;./and order. The Pap~- . : .. ' . Volunteer. Corps, which on. the. arrival. of the. United NatiOns Administrator. will cease being part of the Netherlands artted forces I .. and the. Indonesian armed forces ·. :· ,... • : . ·. ·: in the territory will be under the authority of, and at the disposal of1 the : .. ' . .. : . Secretary-General tor the same purpose. ·The United Nations Administrator will, to the extent feasible, use the Papuan. police .as a United Nations security force to ma.intain law and order and, at his discretion, use Indonesian armed forces. The Netherlands .armed forceg will be repatriated as rapidly as possible and Whil~ still in the territory Will be·· under the ~uthority of the· T.JNrEA. Article' VIII The .United Nations Administrator will send periodic reports to the Secretary~ General' on the principal a&l'ects of the implementation· of the present Agreement • . The Secretary-General will submit full .reports to Indonesia and ·the NetherlandS and may submit at his discretion, report~ . to t~e: Gene~ Assembly or to all 1 . .. United Nations Members. ·Firat Phase of United Nations Administration Article IX . · ·Tb.e ·United Nations · Administrator will repl.~ce as · rapidly as ·possible top - Nethe'riand8 ·officials as defined in Annex A with ·non.-Netherlands, non-Indonesian officials durtng the first phase of 'bhe UNTEA administration whiCh will .be completed (:Clore) - 3- Press Release PM/4164 15 August 19()2 . • on l May 196,. The un1lie·d Nat·iona·· Admini~tra~ -·~· will.-be i uthorizea· to employ on I a temporary basis all Netherl~ds otficl a:i:3 ·other than. top Netherlands of't1c1als defined·· · in · ~~x A~ who wish to ~erv~· the Ulf.CEA, 1~ · accordance with such tems and condition~· · &~ the Secretary-Qenera.l .;.; : spec~ty~ As many Papuana c.s pOSSible .will ' ' : •• • I , t • be brough~ ~n~ a~nistrative and techn~eal positions. ~o . fill the remaining . re~ui~d posts, .the UNI'EA will have authority to employ :e>ersonnel proVided by Indonesia. Salary rates prevailing in the territory will be maintained. Article X Immediately after the transfer of administ~tion to the UNTEA., the lJN'NA will widely publiciz~ and explain the te~s of the present Agreement, and will inf<;>rm the ~pulation concerning the transfer of Administration to In~onesia and the provisions for the act of self-determination as set out in the present Agreement. Article XI To the extent that they are consistent With the letter and spirit of the presen"? _Agreement, existing laws. and regulations will remain in effect. The . mlTEl\. will have the pO"fer to promulgate new laws and regulations or amend them . .• . within the spirit and framework of the prese~t Agreement. The representative coun- . cils will be consulted prier to the issuance of ile~ laws and regulati ons or the • • • • • . * amendment. of existing le.ws. y • • Second . Ph~s~ Article XII The United Nations Administrator will have dis!=retion to transfer all or part of the a~istration to Indonesia at any tim~ after the first phase of the ~EA administration. The UNTEA's authority will cease at the moment of transfer of full edministrative control to Indonesi~. Arti cle XIII United Nations security forces will be replaced by Indonesian security forces after the firs·t phase of the UNI'EA administration. All United Nations security forces will be withdrawn upon the transfer of administration to Indonesia. • ··(more ) - 4 - Press Release FM/4164 15 August 1962 . Indonesian Administration and Selt~Determdnation • Article XIV . •1l I 1.. - • • t • . · ·· . Atter the transfer of tull admin~. ~ti.v~ responsibility to Indonesia, Indo- • 1 r. I · ; ~ .nesian national laws and regulations will in principle be applicable in the ' ~ . .. territory 1 1 t being understood that they J>.e consi,~tent w1 th the rights and freedoms ·guaranteed to the inhabitants under the te~ .of the. present Agreement. New laws and regulations or amendments to the e: •.:.:::~ing ones can be enacted within the spirit or the present Agreement. The represen~t.:..ve councils will be consulted as appropriate. Article YJI ----~ After the transfer of tull administrative responsibility to Indonesia, the primary task or Indonesia will be further intensirication of the education of the people, of the combating of illiteracy, and of the advancement of their social, cultural and economic development. Efforts also will be made in accordance with present Indonesian practice to accelerate the participation of the people in local aovernment through periodic elections. Any aspect~ relatin~ to the act of free choice will be governed by the terms of this Agreement. Article XVI At the time of the transfer or tull administrative responsibility to Indo­ nesia a number or United Nations experts, as deemed adeq~te by the Secretar,y­ General afier consultation with Indonesia, will be designated to remain wherever their duties require their presence. Their duties will, prior to the arrival of the United Nations Representative 1 who will participate at the appropriate time in the arrangements ror self-determination, be limited to advising on and assisting 1n preparations ror carrying out the provisions for self•deter.mination except in so far as Indonesia and the Secretary-General may agree upon ·their performing other expert functions. They will be responsible to the Sec:tetary-General for the carry­ ing out of their duties. (more) 5 Press Release PM/4164 . 15 August 1962 I Article XVII Indonesia will invite the Secretary-General to appoint a Representative who, together with a staff made up, inter ~lia, of experts referred to in Article XVI, will carry out the Secretary-Gener~l's responsibilities to advise, assist and participate. in arrangements which ar~ the responsibility of Indonesia for the act of free choice. The Secretary-General will, at the proper time, appoint the U~ited • •• 0 • • Nations Representative in order that he and his staff may assume their duti~s in . the territory one year prior to the date of self-determination. Such additional staff as the United Nations Representative might feel necessary will be determined by the Secretary-General after consultations with Indonesia. The United Nations . Representative and his staff will have the same freedom of movement as provided for the personnel referred to in Articl~ XVI. Article XVIII Indonesia ~11 make arransements, with the assistance and participation of the United N~tions Representative and his s~ff, to Give the people of the territory. the opportunity to exercise freedom of choice. Such arrangements will include: a. Consultations (Mus~awarah} with the representative councils on procedures and appropriate methods to be followed for ascertaining the freely expressed will of the population. b. The determination of the actual date of the exercise of free choice ~ithin the period establishe4 by .the pres~nt Agreement.
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