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History of West Papua and journey towards Independence:UN MUST RECOGNIZE WEST PAPUA

 

 

History of West Papua and journey towards Independence: UN MUST RECOGNIZE WEST PAPUA

 

Morning Star Flag was an historical evidence that West Papua ( West New Guinea/Netherlands New Guinea self-determination /chose Independence on December 1,1961 not under Indonesia Administration nor Integration with an Independent Country -Indonesia. According to United Nations Resolution 1541-1960
United Nations General Assembly Resolution 1541 Principle VI
A Non-Self Governing Territory can be said to have reached a full measure of self-government by:
(a) Emergence as a sovereign independent State;
(b) Free association with an independent State; or
(c) Integration with an Independent State.
Principle VII
(a) Free association should be the result of a free and voluntary choice by the peoples of the territory concerned expressed through informed and democratic processes. It should be one which respects the individuality and the cultural characteristics of the territory and its peoples, and retains for the peoples of the territory which is associated with an independent State the freedom to modify the status of that territory through the expression of their will by democratic means and through constitutional processes.
(b) The associated territory should have the right to determine its internal constitution without outside interference, in accordance with due constitutional processes and the freely expressed wishes of the people. This does not preclude consultation as appropriate or necessary under the terms of the free association agreed upon.
Principle VIII
Integration with an independent State should be on the basis of complete equality between the peoples of the erstwhile Non-Self-Governing Territory and those of the independent country with which it is integrated. The peoples of both territories should have equal status and rights of citizenship and equal guarantees of fundamental rights and freedoms without any distinction or discrimination; both should have equal rights and opportunities for representation and effective participation at all levels in the executive, legislative and judicial organs of government.
Principle IX
Integration should have come about in the following circumstances:
(a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its peoples would have the capacity to make a responsible choice through informed and democratic processes.
(b) The integration should be the result of the freely expressed wishes of the territory’s peoples acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes,impartially conducted and based on universal adult suffrage. The United Nations could, when it deems if necessary, supervise these processes.

Integration only takes place if Principle IX-b “The integration should be the result of the freely expressed wishes of the territory’s peoples (freely expressed wishes of the West Papua territory’ people’s not the wishes of foreigners,foreign United States President John F. Kennedy and Indonesia President Sukarno wishes and dreams from Sabang to Merauke) acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes,impartially conducted and based on universal adult suffrage. The United Nations could, when it deems if necessary, supervise these processes.”
Integration with Independent Country Indonesia will take place If West Papua Sovereign People wishes ( 1.Self-determination-The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a jus cogens rule), binding, as such, on the United Nations as authoritative interpretation of the Charter’s norms. It states that a people, based on respect for the principle of equal rights and fair equality of opportunity, have the right to freely choose their sovereignty and international political status with no interference. United Nations Charters Article 2. 7.” Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic
jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.(why they have assisted foreign Independent Country and foreign Indonesia. President Colonialism/Domination of West Papua. Sovereign Territory and Sovereign People)
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.(even non United Nations. Members. Should act accordingly with UN principles for the maintenance of international peace and security.)
Self-determination Wilson stated: “National aspirations must be respected; people may now be dominated and governed only by their own consent. ‘Self determination’ is not a mere phrase; it is an imperative principle of action.”
Self-determination is plainly a collective rather than an individual right, although obviously enough individuals are to be involved in the exercise of the right, and a majority of them at least will benefit directly from the sense of retaining or achieving a measure of self-government in accordance with their wishes or preferences. Secondly, self-determination is plainly to be thought of as a right of “peoples” rather than governments.
2. Sovereignty is, therefore, limited and defined by the reaches of another state’s sovereignty.” Importantly, however, “No state has the right to intervene in the internal or external affairs of another.” State must not perform acts of sovereignty in the territory of another state. The result is a delicate balance wherein states must act to the extent of their sovereign power without crossing an indeterminate line into the sovereignty of another state. Since one state’s sovereignty, and its rights there under, is defined by
only by acting to the peripheral limits of that power can a state maximize the scope of its sovereign rights.
“Under international law, a Sovereign state is an entity that has defined territory and permanent population, under the control of its own government, and that engages in,
or has the capacity to engage in, formal relations with other such entities. Under certain circumstances states may choose to act to protect and defend their domain, beyond their defined physical boundaries. This may result in an encroachment upon another state’s sovereignty, and often, takes the form of war.)
If West Papua Sovereign People wishes to be integrated with Indonesia and that was the only time the United Nations could help this process (United Nations role according to United Nations 1514 ” Considering the important role of the United Nations in assisting the movement for independence in Trust and Non-Self -Self Governing Territories,”) not the “Integration based also on the decision foreign United Nations General Assembly or 2/3 of General Assembly (United Nations Representative of Independent Countries) but continuation of West New Guinea ( West Papua) 73e process of Netherlands reporting according to United Nations Resolution 448 for full measure of Self-Government and complete Independence/full Independence not to transfer the power to United Nations and then to Indonesia bur to transfer all powers to the West Papua Sovereign People according to United Nations 1514″ 5. Immediate steps shall be taken, in Trust and Non-Self Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance, with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom” and ‘3. Inadequacy of political, economic,social or educational preparedness should never serve as a pretext for delaying independence’.
West Papua was transferred to foreigners and  Indonesia Colonialism and Domination approved by the United Nations.
West Papua Freedom and Independence Recognition of full Self-Government and Full Independence that should be the one processed,recognized and declared in the United Nations since December 1,1961.
The raising of Indonesia flag in another West Papua Territory was a symbol of Colonialism! in the Fifteenth and Sixteenth Centuries, the mere realization or sighting was sufficient to constitute title to territory. As time passed, something more was required and this took the form of symbolic act of taking possession, whether by raising of flags or by formal declarations. While the acquisition of territory through conquest followed by annexation was an accepted mode of acquiring title to territory under traditional International Law, it is no longer legal at modern times. The acquisition of territory through the use of force is outlawed by paragraph 4 of article 2 of the Charter of the United Nations, which obliged the member States to refrain from the use of force against the territorial integrity or political independence of any State. This same principle is reaffirmed in the 1970 General Assembly “Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations”.[29] This Declaration adds that the territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force, and that no territorial acquisition resulting from such act shall be recognized as legal.[30] Occupation is an original mode of acquisition by a State of a title to a territory. It implies the establishment of sovereignty over a territory not under the authority of any other State (terra nullius) ‘According to UN Resolution 1514 “Solemnly proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations; ‘7. All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration on the basis of equality, non-interference in the internal affairs of all States, and respect for the sovereign rights of all peoples and their territorial integrity.” (New York Treaty 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.)
( Colonialism –
1.) a political,social,economic and cultural domination of a territory and its people by a foreign power.
2.) A State imposes political,economic,cultural system on another territory.
3.) practice of acquiring partial or full control over another country and exploiting it economically
4.) A practice of extending territory forming colonies and settlements and exploiting their resources and enforce its laws in the colonies.
Kinds of Colonialism
1. Invasion Military Invasion
2. Settlement
Territorial Disputes disagreement or conflict of State over the possession or control of land.)

Referendum/Integration Voting in 1969 act of free choice was not binding,unofficial and illegal without the consent and against the decision and against the will of West Papua Sovereign People because it was Colonialism. Referendum 1969 was a colonial decision of foreigners and foreign Indonesia Colonialist New York Treaty and Rome Agreement interfering and dominating/colonizing another Sovereign West Papua nation. Referendum/Integration Voting in 1969 over another Sovereign State West Papua was a violation and an international interference in the decision of another Sovereign State which had already decided and  self-determined their Independence on December 1,1961 under process of 73e according to UN Resolution 448-1950 and as legal registered pioneer member of Non-Self Governing Territories of South Pacific Commission of Canberra Agreement since 1947 for complete Independence and full measure of Self-Government ). West Papua chose Independence not Colonialism.
SO FOREIGNERS REFERENDUM CONDUCTED UNITED IN THE PAST,IN THE PRESENT AND IN THE FUTURE WAS ILLEGAL AND WILL BE ILLEGAL.
FOREIGNERS REFERENDUM WILL NEVER BE THE END AGAINST COLONIALISM AND IMPERIALISM!

Referendum,Wikipedia
“An independence referendum is a type of referendum in which the citizens of a territory decide whether the territory should become an independent sovereign state.
(West Papua (West New Guinea/Netherlands New Guinea)was already Independent from Netherlands Dutch Colony on December 1,1961. So to conduct Referendum under the illegal authority and Colonial authority of Indonesia was illegal,colonial and irrelevant.)
An independence referendum that results in a vote for independence does not always ultimately result in independence.
Negotiations for the terms of an independence referendum may take place between the nationalists and the government which exercises sovereignty over the territory. If terms can be agreed, then the independence referendum can be held with its result binding, and respected by the international community. Independence referendums can be held without the consent of governments, but their results are usually ignored by the international community.
Successful negotiations can be hard to achieve for nationalists, as governments can be reluctant to give up sovereignty. For example, nationalists planned to hold a referendum in Catalonia in 2014, but met opposition from the Spanish government. As a result, the referendum that went ahead was unofficial and non-binding.”
WEST PAPUA ALREADY DECIDED INDEPENDENCE ON DECEMBER 1,1961 AND REINSTATED ON JULY 1,1971!

NO MORE REFERENDUM BUT RECOGNITION OF WEST PAPUA INDEPENDENCE AND TERMINATION OF COLONIALISM!
Freedom and Recognition of Independence! Not Foreigners Referendum decision! Independence Recognition! Freedom and Independence!

Reference:

. A.).UNITED NATIONS RESOLUTION 1541-1960
United Nations General Assembly Resolution 1541
[Principles which should guide Members in determining whether or not an obligation exists to transmit the information called for under Article 73e for the Charter]
The General Assembly,
Considering the objectives set forth in Chapter XI of the Charter of the United Nations,
Bearing in mind the list of factors annexed to General Assembly resolution 742 (VIII) of 27 November 1953, examined the report of the Special Committee of Six on the Transmission of information under Article 73e of the Charter, appointed under General Assembly resolution 1467 (XIV) of 12 December 1959 to study the principles which should guide Members in determining whether or not an obligation exists to transmit the information called for in Article 73e of the Charter and to report on the results of its study to the Assembly at its fifteenth session,
1. Expresses its appreciation of the work of the Special Committee of Six on the Transmission of information under Article 73e of the Charter;
2. Approves the principles set out in section V,part B, of the report of the Committee,as amended and as they appear in the annex to the present resolution;
3.Decides that these principles should be applied in the light of the facts and the circumstances of each case to determine whether or not an obligation exists to transmit information under Article 73e of the Charter.
948th plenary meeting,
15 December 1960.
ANNEX
PRINCIPLES WHICH SHOULD GUIDE MEMBER IN DETERMINING WHETHER OR NOT AN OBLIGATION EXISTS TO TRANSMIT THE INFORMATION CALLED FOR IN ARTICLE 73e OF THE CHARTER OF THE UNITED NATIONS.
Principle 1
The authors of the Charter of the United Nations had in mind that Chapter XI should be applicable to territories which were then known to be of the colonial type. An obligation exists to transmit information under Article 73e of the Charter in respect of such territories whose peoples have not yet attained a full measure offer
self-government.
Principle II
Chapter XI of the Charter embodies the concept of Non-Self-Governing Territories in a dynamic state of evolution and progress towards a “full measure of self-government”. As soon as a territory and its peoples attain a full measure of self-government, the obligation ceases. Until this comes about, the obligation to transmit information under 73e continues.
Principle III
The obligation to transmit information under Article 73e of the Charter constitutes an international obligation and should be carried out with due regard to the fulfillment of international law.
Principle IV
Prima facie there is an obligation to transmit information in respect of a territory which is geographically separate and is distinct ethnically and/or culturally from the country administering it.
Principle V
Once it has been established that such a prima facie case of geographically and ethnically or cultural distinctness of a territory exists, other elements may then be brought into consideration. These additional elements may be, inter alia, of an administrative,political juridical,economic,historical nature. If they affect the relationship between the metropolitan Slate and the territory concerned in a manner which arbitrarily places the latter in a position or status of subordination, they support the presumption that there is an obligation to transmit information under Article 73e of the Charter.
Principle VI
A Non-Self Governing Territory can be said to have reached a full measure of self-government by:
(a) Emergence as a sovereign independent State;
(b) Free association with an independent State; or
(c) Integration with an Independent State.
Principle VII
(a) Free association should be the result of a free and voluntary choice by the peoples of the territory concerned expressed through informed and democratic processes. It should be one which respects the individuality and the cultural characteristics of the territory and its peoples, and retains for the peoples of the territory which is associated with an independent State the freedom to modify the status of that territory through the expression of their will by democratic means and through constitutional processes.
(b) The associated territory should have the right to determine its internal constitution without outside interference, in accordance with due constitutional processes and the freely expressed wishes of the people. This does not preclude consultation as appropriate or necessary under the terms of the free association agreed upon.
Principle VIII
Integration with an independent State should be on the basis of complete equality between the peoples of the erstwhile Non-Self-Governing Territory and those of the independent country with which it is integrated. The peoples of both territories should have equal status and rights of citizenship and equal guarantees of fundamental rights and freedoms without any distinction or discrimination; both should have equal rights and opportunities for representation and effective participation at all levels in the executive, legislative and judicial organs of government.
Principle IX
Integration should have come about in the following circumstances:
(a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its peoples would have the capacity to make a responsible choice through informed and democratic processes.
(b) The integration should be the result of the freely expressed wishes of the territory’s peoples acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes,impartially conducted and based on universal adult suffrage. The United Nations could, when it deems if necessary, supervise these processes.
Principle X
The transmission of information in respect to Non-Self Governing Territories under Article 73e of the Charter is subject to such limitation as security and constitutional considerations may require. This means that the extent of the information may be limited in certain circumstances, but the limitation in Article 73e cannot relieve a Member State of the obligations of Chapter XI. The “limitation” can relate only to the quantum of information of economic,social and educational nature to be transmitted.
Principle XI
The only constitutional considerations to which Article 73e of the Charter refers are those arising from constitutional relations of the territory with the Administering Member. They refer to a situation in which the constitution of the territory gives it self- government in economic,social and educational matters through freely elected institutions. Nevertheless, the responsibility for transmitting information under Article 73e continues, unless these constitutional relations preclude the Government or parliament of the Administering Member from receiving statistical and other information of a technical nature relating to economic, social and educations conditions in the territory.
Principle XII
Security considerations have not been invoked in the past. Only in very exceptional circumstances can information on economic, social and educational conditions have any security aspect. In other circumstances,therefore, there should be no necessity to limit the transmission of information on security grounds.

B.). UNITED NATIONS RESOLUTION 1514-1960
UNITED NATIONS RESOLUTION 1514- December 14,1960
1514 (XV). Declaration on the granting of independence to colonial countries and peoples
The General Assembly,
Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom,
Conscious of the need for the creation of conditions of stability and well-being and peaceful and friendly relations based on respect for the principles of equal rights and self-determination of all peoples, and of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race,sex,language or religion.
Recognizing the passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the attainment of their independence.
Aware of the increasing conflicts resulting from the denial of or impediments in the way of the freedom of such peoples, which constitute a serious threat to world peace,
Considering the important role of the United Nations in assisting the movement for independence in Trust and Non-Self -Self Governing Territories,
Recognizing that the peoples of the world ardently desire the end of colonialism in all its manifestations,
Convinced that the continued existence of colonialism prevents the development of international economic cooperation,impedes the social,cultural and economic development of dependent peoples and militates against the United Nations ideal of universal peace,
Affirming that peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law,
Believing` that the process of liberation is irresistible and irreversible and that, in order to avoid serious crises, an end must be put to colonialism and all practices of segregation and discrimination associated therewith,
Welcoming the emergence in recent years of a large number of dependent territories into freedom and independence, and recognizing the increasingly powerful trends towards freedom in such territories which have not yet attained independence,
Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory,
Solemnly proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations;
Declares that:
1. That subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.
2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic,social and cultural development.
3. Inadequacy of political, economic,social or educational preparedness should never serve as a pretext for delaying independence.
4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.
5. Immediate steps shall be taken, in Trust and Non-Self Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance, with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
6. Any attempt aimed at the partial or total disruption of the national unity and territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.
7. All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration on the basis of equality, non-interference in the internal affairs of all States, and respect for the sovereign rights of all peoples and their territorial integrity.

947th plenary meeting,
14 December 1960

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