'JNITED NATIONS · Distr. GENERAL 3ENERAL A/e&;k :2.7~· .Z.O -i&-August 195tf !\, S S E fv1 Bl V ORIGINAL: ENGLISH

Ninth-session

SUPl?I.E!'i \/

r--zo New York,_~ August 1954

On instructions from my Government,. . I have the honour to re_quest that the following item be included in the provisional agenda of the ninth regular session ' ... '• . of the United Nations General ASSembly: "The question of West Irian (West. )" In accordance ui th rule 20 of the .. rules of procedure of the General Assembly, an e):;planatory memorandU!II is enclosed.

(Signed) SUDJARI-10 · T jondronegoro Acting Permanent Representative of In4onesia to the United Nations

54-22821 li.f CJ>'J+ English Page 2

EXPLANATORY NEMOBAIIDUl4

The right of self-determination of the Indonesian people found its realization - after a long struggle against colonial rule - when the Indonesian people proclaimed their indeJ.)endence 1 at the close of the Second lforld War, on

17 August 1945 1 follo·wed by the establishment of a free independent Republic of , covering the whole territory of the former Dutch . The sovereignty of its people was vested in the free national goverzunent of the new

Republic, This realization. of the people's right of self·determination. \Vas, however, challenged by the • politically and militarily - which challenge brought about the armed conflict bet1reen Indonesia and the Netherlands • This armed conflict or war bet1~een the t~ro countries ~ms brought to an end lfhen the parties concerned - under the auspices of the United Nations Commission for Indonesia - came eventually to a peaceful agreement at the Round Table Conference, held· at The· Hague in late 1949. The attainment of accord at this Conference, concluded on 2 November 1949, 11as made possible when· the independence and sovereignty of Indonesia - the heart of the problem - \Vas fully recognized and accepted by the Netherlands Government, as reflected in article l of the Charter of the Transfer of Sovereignty, which reads: "The Kingdom of the ~etherlands unconditionally and irrevocably transfers complete sovereignty over Indonesia to. the Republic of the United States of Indonesia and thereby recognizes said RepUblic of the ! l' United. States of Indonesia as an independent and sovereign State,"~ However, the Round Table Conference agreements actually left one question not entirely settled, pending a decision ~thin a year. That was the question of West Ne\V Guinea (the vrestern half of the island of Ne1f Guinea, called West Irian in Indonesia), which constitutes the most eastern part of the Indonesian territory. y The formal transfer of sovereignty took place on 27 December 1949. In the course of 1950 1 .the Republic of the United States of Indonesia transformed itself through internal processes into the (unitarian) Republic of Indonesia, ~·rhich \Vas admitted to the United Nations on 28 September 1950, A/2694 English Page 3

As to this remaining unsett,J.ed question, a. temporary coiJl.Promise was ;formulated in article 2 of the Charter of the Transfer of Sovereignty, wherein it was decided that "with regs.rd to the :re!lidency&' of Ne1{ Guinea": "In view of .the :f'a.ct that it has not been :possible to reconcile the views of the :pe.rties on Ne~r Guinea~ which rema.ins, therefore, in

dispute 4 • , , "., •• , ·, •• , ... , "In vie>f of the deli.icaubn of t.tle parties to the principle of resolving by peaceful and ree.sona.ble means any differences that ma.y hereafter exist or·adse be~een them, . "That the status quo of the residency o:f' Ne1·r Guinea shall be ma.intained 1fith the stipulation ·the.t 1dthin e. year from the date of transfer of sovereignty to the lle)?ublic of the United States of Indonesia the question of the political status of New Guinea be determined through negotiations bet>{een the llepublic of the United States of Indonesia and the Kingdom of the Netherlands." The Dutch occu;pa.tion.s.dministration in West New Guinea (West Irie.ri.) .since the end of the Second World War was thus allowed to remain temporarily in that tel•r:i.tory, :pending a settlement of the dis:pute by negotiations ;ritMn the stipulated one-year :period. This was a pard compromise for Indonesia to accept, and it evoked the bitter cri tic:i.sn1 o':f' the Indonesian p.eo:ple, It vras only with the greatest difficulties that the Round Table Conference agreements - which left part of Indonesia temporarily Under Dutch colonial administration - were ratified by the Indonesian Parliament.. The acceptance of this temJ?ora.ry co1J!.Promise was an expression of Indonesia's determination to remove, .through pea7eful means in accordance mth the aitnB of: the United Nations, a situation Hhich was exe.s:perating internationa.l.peace and security. The Round Table Conference agreementsJ although generally considered as the end·of the Indonesian-Netherlands conflict with the emergence and reco~ition of

?) "Residency" is an administrative unit of the Goverilment in Indones.ia. A/2694 English Page 4 the new, independent Indonesian Re:public,2f unfortunately, ho;rever, contained the seed of a new dispute, one not of Indonesia's making - the dispute over the territory of West Irian, West Irian is and always has been - historically as well as constitutionally (legally) • an integral part of the territory of Indonesia; that is to say, also of .the former Dutch East Indies. It is unfor·cunate, indeed, if the Netherlands Government at the Round Tabl~ Conference entertained the intention of retaining this part of Indonesian ter:dtory within its colonial grip, since this '~ould be contrary to its mm previous promises and to the understanding bet~reen all pal·ties to give independence to the whole of Indonesia. As late as December 1948, Dr, Van Royen, who soon after headed the Dutch delegation in the resumed Indonesian-Netherlands negotiations, which concluded with the preliminary agreement (Roem-Van Royen agreement) for the Round Table Conference at , told the United Nations Security Council in Paris: "As I eXplained at the ou·~set, this dispute is not about the question of whether or not Indonesia will become independent. All parties agree that what used to be the Netherlands East Indies should become an independent State as. soon e.s possible, n!!:/ Indeed, the ~rord "Indonesia", connoting the former Netherlands East Indies, has a national and political connotation, not a racial one. This lias recognized and legalized by the Dutch Government itself, Aside from the above-quoted statement of Dr. Van Royen, article ·1 of the Netherlands Constitution of 19221 which read: "The Kingdom of the Netherlands consists of the territories. of tbe' y Netherlands, the Netherlands Indies, and the ," was amended in 1948 to. read: "The Kingdom of the Netherlands consists of the Netherlands, Indonesia, . )J.I Surinam and the Netherlands Antilles, "r!l

2/ On 2 November 1949, at the closing session of the Round Table Conference, the chairman of the United Nations Commission for Indonesia spoke of tllia significant event as "the end of a conflict 1 the solution of a problem", Later on, having no further task to perform with respect to the Indonesian dispute, the United Nations Commission adjourned itself sine die. Y Underlining by the Indonesian delegation. A/2694 English Page 5

The West Irian dispute, 1n1ich inhibited efforts to foster better relations between Indonesia and the Netherlands, became particularly acute when the one-year .period stipulated in the Charter of the Transfer of Sovereignty elapsed, on

27 December 1950 1 without a. negotj.ated settlement having been achieved,

The question may be ra.ised1 why is Uest Irian of such importance to Indonesia.?

The disputed territory covers about l:-13 1 000 square kilometres, an area constituting 22 per cent of the entire Indonesian territory, although not developed and very much negleqted under Dutch colonial rule, ;rt has an indigenous population

estimated at about one rnillion.2/ As mentioned a.bove 1 it is historically an integral part of the Indonesian archipelago, and it l·las a part of the former Dutch East Indies, l~est Irian 1 s primary importance to Indonesia. lies in the political and national sphere. Beitl-€ pe.rt of the former Dutch East Indies, lvest Irian and its people 1'1ere part and parcel of the Indonesian national movement for independence. It 1>1as in West Irian that the Dutch colonie~ regime

· _established the concentration camp, Boven Digoel1 to which Indonesian political :j.eaders were exiled, The people of ~lest Irian, being an integral part of the national movement for independence during the time of the Dutch colonial regime: in Indonesia., were, subsequently also affected by the Procla.mation of Independ.ence of 17 August 1945, Folla~>nng this proclamation by their national leaders, the people of West Irian, together with the rest of the Indonesian population, actively participated in the revolution against the attempted reimposition of Dutch colonial rule, The largest and most a.cti ve political group in 1·/es'c Irisn, a ne~>l party c~led "Pa.rtai kemerdekaa.n Indonesia Irian" (Irian Party for the

Independence of !ndonesia),_ was set up in 1946 1 largely on the initiative of Mr. . (Mr. Pa.pare 'fas decorated by the Allies for his prominent part

in the ~·esi\J_tance movement during the Japanese occupation of ~/est Irian and is now a member of the Indonesian Parliament.) This organization, with its principal

aim of independence for the entire Indonesian na.t:l,on1 including the people of West Irian, J:"a.piUy ~Ton support from the people, ~1ho adhered to their right of

self·determinat~on as .laid down in the Charter of the United Nations. The endeavours of this organization, however, 1>1ere hampered greatly by the early occupation of vlest Irian by Dutch troops and the rigorous measures of suppression

2/ Indonesia has now a tat~ population of about 8o million, A/269h English Puge 6

which ensued. Freedom of speech and freedom of movement were drastically curtailed. Many people were e.rreetef and jailed, oz·fCJrced to flee in ord.er to escape arrest. Since the occupation of l·iest Irte.n by Dutch troops after the Indonesian proclamation of independence, it has become e. scene of continuous unrest, and the slightest fight for fr,;edom has abrays been suppressed by .the Dutch occupation forces. As to the present si tue.tion, mention can be made of the official report of the Dutch Parliamentary' Mission to that area, released in January 1954, which admitted that very little interest wa.s taken in the 1·relfa.re of the native population, It described the. • social conditions. of labourers as I! very ba.d", the wage scales discrirrd.natory on a racial-basis, and the educa.tiolle.l programme unsuitable, (It should be remembered that \vest New Guinea ~ prior to the Second World Wa.r had already "enjoyed" 122 years .of Dutch colonial rule.) From the very outset, the Indonesian Government has endeavoured to solve the question of West Irian by peaceful means and through negotiations, as envisaged in article 2 of the Charter of the Transfer of Sovereignty.

A. In April 1950, an Indonesia.n~Netherla.nda Ministers' Conference on financial matters, held in Djakarta, also did preliminary work on the question of West Ir:l.an. An Irian Commission, composed of Dutch a.nd Indonesian representatives, ~1as set up to visit and to make an investigation in Hest Irian, The Conference decided that negotiations on the question of West Irian would be continued, on the basis of the re)?ort of the Irian Commission, a.t the second Conference of Ministers of the Union, at The Hague, l'lithin the course of the year 1950. ·B, In December 1950, the second Conference of Ministers o:f' the Union ~ras held at The Hague, lt was in the course of these negotiations that the one-year period stipulated in the Round Table Conference agreements elapsed on 27 December 1950. The Indonesian delegation submitted a note to this Coli.ference, with the following main point on l'Thich to base a solution of this dispute: "That de jure sovereignty over West Irian of the Republic of Indonesia. be recognized by the Dutch without delay, a.nd that the transfer of the Dutch administra.t:l.on could be implemented through mutual arrangements by the middle of the yea.r 1951," A/2694 English Page 7

In addition, the Indonesian delegation, aside from guaranteeing ,human rights and religious freedom and far-reaching autonomy for the Territory, made important con~essi.ons to the Neth.erland~. It recognized. the ,present and future i~terests of the Dutch in West Irian, including the guarantee to employ Dutch officials in. . . the. administration, of immigration to Dutch citizens, etc.• . . The counter-proposals submitted by the Netherlands delegation • i.e., to transfer sovereignty over West Irian to the Netherlands-Indonesian Union, and to retain in Netherlands hands the administration of the Territory, with Indonesian . . - ' members participating on a parity basis in a West Irian. Council -·were unacceptable 'to the Indonesian Government, since this would have meant in practice that . ' . Indonesia"participate in a colonial rule over West Irian. The West Irian dispute ·•. ,.. . ' then failed tO meet a settlement. C, In December 1951, a third Indonesian-Netherlands Conference was he1~. The Dutch dele~tion this time proposed to submit the ,problem before the Inte.rnatione.l dourt of Justice, The proposal was rejedted by the Indone~ian · delegation, since the Indonesian Governme~t considers the problem1 i!l substance, . •- .. . ' ' ' one of, a political nature, and not of a juridical nature, The Indone'!ian delegati.on then made a major effort to break the impasse, proposing .a.. temporary "joint responsibility" over West Irian. But the negotiations had to be suspended . . . because of the resignation of the Indonesian Government at that time. The. subsequent Indonesian cabinets have always p~t the peaceful solution of the prob;Lem of West Irian on their programme. The Netherlands Government, 1 however1 has regrettably shown its reluctance, if not unwillingness, to negotiate the final political·'atatus of this area, while at the same time constantly seeking to stretlgthen its colonial hold on West Irian. In the United Nations General Assembly, the Indonesian Government has repeatedly and strongly challenged the right of the Netherlands Government to submit annual reports on West Irian, under Article 73 e of the Charter. This is obviously an illegal a.nd misleading action on the part of the Netherlands Government, since Article 73 e deals with Non-Self-Governing Te~tories, which Irian, being part of the territory of the · independent Republic of Indonesia, is not, Moreover, the claim that the Netherlands Government now has sovereignty over West Irian cannot be accepted, A/2964 English Page 8

The Charter of the Tl:ansfer of So.vereignty_ has tranf!ferred "unconditionally" the . . "complete sove):'eignty over Indonesia" to ,the new Indonesian Republic. But despite unilateral and disturbing ac·i;ions by the Netlwrll!nds Government, . ~ . . ' . . ' . in contradiction of both the spirit. and the letter of the Rciund Table Conference agreement on the formal transfer of sovereignty, the Indcneaian Government, in 1954, ma.de yet ano1;l;ler effort to' J:eacb a final solution of this pressing problem . .·• . . - ' . . by >>ay of negotiations ~li tl:l t))e Dutch. fo:.' this problem is of the gravest concel'll to ·i;he · Indonesi~ people. Hov1ever, at the rec~nt Indonesian-Netherlands Conference, in July-1954, the Dutch delegatio~ definitely refused even to enter into negotiations on the queetio!l of West Irian. This attitude of the Netherlands is certainly contrary to the proVisione of the Round Table Conference agreem(;lnts, as well as those of the Charter of tlle Ucited Nation\!•. The Indonesian Government, therefore, deems it necessary to call the attention of the,Genera.l Assembly of the United Nations to thi~ b:.mung question, which ma.y l;lecqme explosive, and to tl;le fact tha.t, es long as this problem • representing the remnant of Dutch colonial rule in Indonesia - remains unsolved, it will continue to be a. latent threat to the peace and security of that part of the vrorld. This situation should be of Vital concern not only to the two 1countries concerned, but to the world as a whole and certainly to' the United Nations. The perpetuation a~d continuing worsening of yet another source of friction in the Far East, a region which only recently saw armed conflicts and where tensions are, still very m\lch ri_fe, cannot but be de·~rimental to world peace and harmony. . . ' . ·, Continued efforts should be made to attain.a solution of the West Ir~an question, within the general .context of the establishm.ent of peace and security in that a:r.ea. . .. The Government of th,e Republic of' Indcnesia has, therefore, the honour to request the. Gener.al Assembly of the United Nations, under Articles 35, 10 and 14 ' . . . ' of the United Nations Charte.r, tbe,t the f'?llowing item: "The question of West Irian (West New Guinea) 11 should be placed on the agenda of the ninth regular sess~on of ·the General Aesembly, for its consideratiou_and~o ma~e appropriate recommendations,· -----