The New York Agreement

THE NEW YORK AGREEMENT :
LEGAL BASIS TO RESTORE IRIAN JAYA INTO
THE REPUBLIC OF INDONESIA

As far as Indonesia was concerned, Irian Jaya was legally and constitutionally a part of the Netherlands East Indies. It is also an indisputable fact that the core of the Indonesian freedom struggle during the years 1945-1949 was independence for all of its people on the entire Indonesian archipelago comprising all of its islands. Proceeding from this basic premise, Indonesia viewed West Irian as an integral part of its territory that was forcefully occupied by the Dutch colonial authorities.

Consequently, Indonesia has since 1950, assiduously sought to reach a peaceful settlement both within and outside the United Nations. Imbued by the desire to bring back West Irian into the fold of the Republic, it accepted in principle the Bunker proposal and expressed its willingness to discuss it further. Indonesia, thus welcomed the initiative of the Acting Secretary-General to bring the parties together for informal discussions under his guidance. After long years of conflict, the Bunker proposal resulted in the conclusion of the New York Agreement between the Republic of Indonesia and the Kingdom of the Netherlands concerning West New Guinea (West Irian)* on 15 August 1962. Instruments of ratification were exchanged between the two countries during 20-21 September 1962.

SALIENT FEATURES OF THE AGREEMENT

One of the salient features of the Agreement (Article II) was to provide for the initial transfer of administration of West Irian by the Netherlands to an interim UN authority – UNTEA – on 1 October 1962 and subsequent transfer from UNTEA to Indonesian control after 1 May 1963 (XII). In this context, it should be noted that the Agreement provided for the first phase of UNTEA administration (Article IX, X, XI), which included, inter alia, the rapid replacement of top Netherlands officials with non-Netherlands and non-Indonesian officials. Furthermore, it authorized UNTEA to employ Indonesian personnel to disseminate the terms of the Agreement to the Irian Jayan population and to promulgate new laws.

The second phase of the Agreement (Article XII, XIII) envisaged the transfer of all or part of the administration to Indonesia and the replacement of United Nations security forces by Indonesian security officers. This meant the complete and final end of colonial rule as demanded by Indonesia. Following this significant event, the Secretary General in his report** informed the General Assembly of the unique and highly successful cooperation that existed between UNTEA, Indonesia and the Dutch officials from 1 October 1962 to 1 May 1963. Reflective of such cooperation after long years of conflict, the Governments of Indonesia and the Netherlands established liaison missions to UNTEA on 1 October 1962, headed by Dr. Sudjarwo Tjondronegoro and Mr. L.J. Goedhart respectively.

Following his consultations with the Government of Indonesia and the United Nations Administrator, the Secretary-General’s Chef de Cabinet, Mr. C.V. Narasimhan announced in Jakarta that the transfer of administration would take place on 1 May 1963 and the replacement of Dutch officials by Indonesian officials would be accelerated. Following that announcement, Mr. C.V. Narasimhan representing the Secretary-General, attended the ceremony transferring full administrative control from the United Nations Administrator to the representative of the Republic of Indonesia and the United Nations flag was subsequently lowered.

It should be noted that throughout this period, from the transfer of Dutch administration to UNTEA and later from UNTEA to the Republic of Indonesia, the process was carried out peacefully and proceeded without an incident. The people of Irian Jaya were helped to adjust to the inevitable changes resulting from the Agreement. Every effort was exerted to ensure a smooth transition, including the continuation of essential public services and utilities as well as employment.

The return of West Irian to Indonesia generated great enthusiasm among the peoples. Apart from fulfilling the provisions of the Agreement (Article XV), Indonesia was determined to ensure that West Irians would enjoy the fruits of their newfound freedom. To assist them in these challenges, hundreds of Indonesians - teachers, scientists, doctors and nurses and civilian administrators - joined in the effort of UNTEA. From the outset, Indonesia had actively assisted UNTEA in the opening of new schools and public projects in the territory, such as scientific and agricultural projects. Remote areas of West Irian received special attention from the Indonesian Government. What was particularly heartening was that the population of the island voiced its enthusiasm by wholeheartedly participating in the nation-building process. Also noteworthy, was that a few hours after the UNTEA departed, the Indonesian Government appointed a native son of West Irian to the high office of Governor of the province. Such an appointment was more than what was called for in the Agreement, namely, to accelerate the participation of the people in the local government.

Another central aspect of the Agreement was the act of free choice or the ascertainment of the wishes of the Irian Jayan people (Article XVII) to take place six years after the administration had been formally and fully transferred to Indonesia. The latter provision was a compromise solution to meet the demands of the Netherlands and was to be held by the Indonesian Government to ascertain the wishes of the Irian Jayan people. As had been clarified by the Representative of Indonesia to the United Nations* , the purpose of agreeing to the idea of self-determination was to promptly reach a peaceful resolution of the West Irian question which does not mean its exercise in the strict, traditional and orthodox sense. This is due to the fact that Indonesia had never considered Irian Jaya as another country. On the contrary, it was a matter of historical record that West Irian was part and parcel of Indonesia. The period of six years was to allow for its people to become reacquainted with the rest of Indonesia after having been divided by the colonial authorities.

As to the act of free choice, the Secretary-General’s functions were limited by the terms of the Agreement (Article XVI). In sum, the Agreement left the method and procedure to be followed in the act of free choice to the Indonesian Government (Article XVIII) which was to decide in consultation with the existing local representative councils in West Irian itself as legal representatives of its people. This was the real content and meaning of these provisions. Disregard of these critical provisions contained in the Agreement has led to deliberate misinterpretations.

For Indonesia, the implementation of the first part of the bilateral Agreement was satisfactory. As to the second part, it considered the act of free choice after six years to be conducted by the Indonesian Government and not the United Nations was a compromise to avoid the resumption of conflict. It was only with such assurances that the Indonesian Parliament adopted and ratified the Indonesian-Netherlands Agreement of 1962 on 1 September 1962.

The Agreement was of supreme national importance to Indonesia from the viewpoint of building its nation and national reconstruction which at the time was still in a period of growth and consolidation. Towards this end, the Agreement was a valuable contribution for it succeeded in bringing about a better level of understanding between Indonesia and the Netherlands as well as demonstrating in the early years of the United Nations its success in bringing about a settlement between two of its Member States.* In this regard, it is pertinent to point out that the Agreement resolved the following two basic issues: the restoration of the territorial integrity of the Republic of Indonesia; and revalidation of the right of self-determination for the people of Irian Jaya. The Agreement contained 29 articles, supplemented by an exchange of letters and other annexes aimed towards serving the interests of the Irian Jayan people like the rest of fellow Indonesians. It was this fraternal spirit that would guide Indonesia in its task of administering the territory following the departure of UNTEA. The people of Indonesia were so determined to help them that contributions flowed in from all over the country, from the rich and poor alike to promote the development of Irian Jaya. In meeting its responsibilities, Indonesia viewed as its first duty the restoration of harmony among the people of West Irian itself as well as with the rest of the Republic. It did not view this challenge as something new or innovative. As a country comprising of numerous ethnic and regional groupings spread over 3,000 islands, the Indonesian people had always endeavored to live up to their motto of “Unity in Diversity”.

The bilateral Agreement in resolving the dispute between Indonesia and Netherlands facilitated the normalization of bilateral relations on 13 March 1963 when the two countries exchanged diplomatic representatives.

** UN doc. A/5578.

* A/PV 1155, page 544-545, paras 203-205.

* 1127^th meeting of the General Assembly plenary session of 21 September 1962.