CONCLUSION
Although the Government of Indonesia believed that Irian Jaya was part of Indonesia – politically and administratively – and whose future as a free people lies in its restoration with Indonesia, it had agreed to the act of free choice in order to settle the dispute with the Netherlands. It was not possible to apply the system of one-man-one-vote considering the geographic terrain of the territory and the low level of socio-economic and cultural development of its people. It would only lead to uncertainties to an already complex situation. Since these extraordinary circumstances militated against its application, the act of free choice through “musyawarah” was chosen and carried out to fulfil a bilateral agreement. The people of the territory were given an opportunity and the freedom to express themselves democratically. The members of the representative councils, acting on behalf of the people deliberated thoroughly prior to reaching a decision. Adults were given the opportunity to participate in the election of their representatives and this indirect act of self-determination was consistent with international practice.
Furthermore, towards the implementation of Article XVII of the Agreement, the representative councils of Irian Jaya were duly consulted on the appropriate procedures and methods to ascertain the freely expressed will of the population. They accepted Indonesia’s proposal for their enlargement through elections by the people of Irian Jaya who would decide whether the territory wishes to remain or sever ties with Indonesia. These enlarged councils which included a total of 1026 members pronounced themselves unanimously, on behalf of the people of Irian Jaya, to remain with Indonesia. Thus, the people of Irian Jaya have clearly and unequivocally expressed their decision to remain with Indonesia. This is final, legal and irrevocable. It cannot be voided under any pretext.
The New York Agreement constituted the ultimate peaceful solution to a long-standing dispute between Indonesia and the Netherlands. For Indonesia, Irian Jaya was an issue of territorial integrity and, hence, of critical national interest. The main thrust of Indonesia’s position can be summed up as follows: Indonesia is the natural successor to all territories which during the colonial times were called the Netherlands East Indies. The Agreement provided for the transfer of administration of Irian Jaya from the Netherlands to Indonesia and was the culmination of the end of colonial rule over all of Indonesia. It is viewed from the angle of anti-colonialism, legality and nationalism. In essence, Indonesia without Irian Jaya cannot be fully independent.
Therefore, any effort to revisit the past with the intent of rectifying perceived injustices or assumed misconduct would be an illusion, impractical and even counter-productive. Backward-looking to argue about history rather than forward-looking with a sense of realism will not resolve the perceived grievances let alone those of the future. Consequently, the argument that the process must be re-examined because the people of Irian Jaya were not a party to the Agreement has no basis, since the issue was one of incomplete transfer of sovereignty of the former territories under the Netherlands East Indies. The fact that the territory was under the rule of the Netherlands after the Round Table Conference in 1949 and until the transfer of authority to UNTEA in 1963 does not invalidate Indonesia’s claim. It follows that any agreement concerning the future status of the territory must be between Indonesia as the successor to the Netherlands East Indies, and the former colonial power, the Netherlands. And in recognition of this reality, the UN documents on non-self-governing territories demonstrate that since 1963, the status of the territory has changed.
The result of the act of free choice was, therefore, a revalidation of the exercise of the right of self-determination of all the people of Indonesia begun by the Proclamation of Independence on 17 August 1945, and encompassing the entire territory that was formerly the Netherlands East Indies. The Proclamation declared that “we, the people of Indonesia, do hereby proclaim the independence of Indonesia. All matters pertaining to the transfer of power, etc., will be carried out expeditiously and in the shortest possible time”.* It can be seen that there is no mention of any particular province or geographical area for the simple reason that Soekarno-Hatta proclaimed independence for the whole territory previously under the Netherlands East Indies, including Irian Jaya.
Consequently, allegations that the 1969 act of free choice was “an act of no choice” and was a sham are without any foundation. It is an undeniable truism that the people of Irian Jaya exercised their right of self-determination through an act of free choice conducted from 14 July to 2 August 1969 in accordance with the relevant provisions of the 1962 New York Agreement. Having met the requirements, Irian Jaya was rightfully restored as an integral part of Indonesia. The West Irianese share Indonesian sovereignty. They occupy a status equal to the other provinces, join political parties, take part in elections and send representatives to the Indonesian Parliament.
The Government of Indonesia, therefore, categorically rejects the resolution adopted by the Second Congress of the Council of Papua in June 2000 declaring the independence of Papua as it is in contravention to the 1945 Indonesian Constitution and the relevant provisions of the UN Charter upholding the sacrosanct principle of the sovereignty and territorial integrity of member states. Its convening without any hindrance, however, is not only a concrete manifestation of the progress that has been made towards democratic governance based on the rule of law and a new political culture in Indonesia but also Irian Jaya’s contribution to the attainment of these objectives. It must also be seen as a call for unity throughout the archipelago in the tradition of Indonesian patriotism.
Indonesia is a multi-ethnic, multi-cultural and multi-linguistic nation. “Unity in Diversity” is its motto. As such, the interests, aspirations and needs of its people are diverse and sometimes conflicting. It is, therefore, imperative to identify ways and means to accommodate and reconcile these differences for the mutual benefit of the whole nation. It is on this premise that the new, democratic Indonesia is endeavouring to redress the past mistakes concerning human rights abuses and economic disparities through dialogue and the introduction of regional autonomy in all the provinces, including Irian Jaya.
The primary objective of autonomy is to establish democratic institutions at the regional level, improve citizens’s access to the Government and their standard of living. Once these objectives are achieved, it is expected that a system based on laws that respects human rights and human dignity, with more room for participation by the people in all aspects of life would emerge. Thus, regional autonomy is destined to emerge as the unifying factor of a heterogenous and diverse Indonesia and not as a dividing and destabilizing factor.
Having instituted measures to transform Indonesia into a democratic nation, the detrimental impact on the provinces resulting from past policies and practices would substantially diminish and eventually disappear. Perceived injustices can only be redressed through the constitutional and political framework of the Government of Indonesia. Since economic, social and humanitarian grievances do not constitute legitimate grounds for secession, the Government of Indonesia has made its position clear that any effort to subvert its sovereignty and territorial integrity over Irian Jaya or to instigate separatism in that province will be considered provocative and meet with a stern response. As a legitimate and integral part of the Republic of Indonesia, any attempt to question the legality of Irian Jaya’s restoration into Indonesia would constitute an unwarranted interference in the internal affairs of a sovereign state. As a recognition of the uniqueness of Irian Jaya, President Abdurrahman Wahid agreed to change the name of the province from Irian Jaya to Papua in accordance with the wishes of its people.
* Indonesia, An Official Handbook, 1994, p.51
Embassy of the Republic of Indonesia in Canberra