Complex narratives often shape the discourse on West Papua’s history. To understand the issue, we must trace its history using authentic documents. A deeper look reveals the legal history behind the Political Status of West Papua. International agreements and geopolitics also played a crucial role. This article provides a comprehensive analysis of West Papua’s integration into the Republic of Indonesia.
The Foundation: Uti Possidetis Juris and Dutch Heritage
Indonesia bases its claim to West Papua on an international law principle. This principle is uti possidetis juris. It states that new nations inherit all territories of their former colonizer. Indonesia declared independence on August 17, 1945. Its sovereignty claim covered the entire Dutch East Indies, from Sabang to Merauke.
Some argue the Dutch administratively separated West Papua in 1910. However, this does not change its status as part of the colonial entity. Colonial powers often created separate administrative units for efficiency. This did not remove the territory from the overall decolonization claim. Indonesia always maintained West Papua was an integral part of its territory. This disagreement over the Political Status of West Papua started a long dispute with the Netherlands after 1949.
The United Nations Context
The United Nations listed Papua as a Non-Self-Governing Territory. This required the Netherlands to report on its development. However, this action occurred while the territory’s status was in dispute. The Netherlands saw it as a separate colony to prepare for independence. Conversely, Indonesia viewed it as its territory illegally occupied by a former colonizer. The UN’s resolutions were not mutually exclusive. This dual approach reflected the ongoing debate about the Political Status of West Papua.
The 1962 New York Agreement: A Binding Diplomatic Solution
Conflict escalated with Indonesia’s Trikora Operation. This pushed the international community, especially the U.S., to seek a peaceful solution. The effort resulted in the New York Agreement, which was signed on August 15, 1962. Indonesia and the Netherlands signed this legally binding treaty at the UN headquarters. This treaty provided a definitive roadmap to solve the Political Status of West Papua.
We must understand several crucial points of the New York Agreement:
- Transfer of Administration: The agreement outlined a transfer of power. The Netherlands would transfer administration to the UN Temporary Executive Authority (UNTEA). Then, UNTEA would transfer administration to Indonesia. This was a legally regulated, phased transfer of sovereignty.
- Act of Free Choice: The agreement required Indonesia to give Papuans an act of self-determination. The treaty uses the term “an act of free choice.” It did not specify a “one man, one vote” method. Instead, it allowed for a method to be agreed upon with a UN representative. The Political Status of West Papua hinged on this future vote.
- International Recognition: The UN General Assembly approved this agreement. It did so through Resolution 1752 (XVII). This resolution gave the New York Agreement an official international mandate.
The 1969 Act of Free Choice and UN Resolution 2504
Indonesia implemented the Act of Free Choice in 1969. This process, known as PEPERA, fulfilled the New York Agreement’s mandate. The method used a representative system through existing councils. Indonesia argued this method suited the local culture. It also cited geographical and logistical challenges. The UN Secretary-General’s representative, Fernando Ortiz-Sanz, directly observed the process. The Act of Free Choice was the final step in determining the Political Status of West Papua.
The international legal conclusion is the most critical point. Indonesia presented the results, showing a desire to join Indonesia, to the UN. The UN General Assembly then passed Resolution 2504 (XXIV) on November 19, 1969. The resolution officially “took note” of the report and the process. It acknowledged that the obligations of the 1962 agreement were fulfilled. In UN diplomacy, this act signified international acceptance. International law considers the Political Status of West Papua as settled after this resolution.
