New York Agreement
Agreement Between the Republic of Indonesia and the Kingdom of the Netherlands Concerning West New Guinea (West Irian)
(Signed at the Headquarters of the United Nations, New York, on 15 August 1962)
The Republic of Indonesia and the Kingdom of the Netherlands,
Having in mind the interests and welfare of the people of the territory of
West New Guinea (West Irian) herinafter referred to as "the territory",
Desirous of settling their dispute regarding the territory,
Now, therefore, agree as follows:
RATIFICATION OF AGREEMENT AND RESOLUTION
OF
THE GENERAL ASSEMBLY OF THE UNITED NATIONS
Article I
After the present Agreement between Indonesia and the Netherlands
has been signed and ratified by both Contracting Parties, Indonesia and the
Netherlands will jointly sponsor a draft resolution in the United Nations
under the terms of which the General Assembly of the United Nations takes
note of the present Agreement, acknowledges the role conferred upon the Secretary-General
of the United Nations therein, and authorizes him to carry out the tasks entrusted
to him therein.
TRANSFER OF ADMINISTRATION
Article II
After the adoption of the resolution referred to in article
I, the
UNITED NATIONS ADMINISTRATION
Article III
In order to facilitate the transfer of administration to the
UNTEA after the adoption of the resolution by the General Assembly, the Netherlands
will invite the Secretary-General to send a representative to consult briefly
with the Netherlands Governor of the territory prior to the latter' s departure.
The Netherlands Governor will depart prior to the arrival of the United Nations
Administrator.
Article IV
A United Nations Administrator, acceptable to Indonesia and
the Netherlands, will be appointed by the Secretary-General.
Article V
The United Nation Administrator, as chief executive officer
of the UNTEA, will have full authority under the direction of the Secretary-General
to administer the territory for the period of the UNTEA administration in
accordance with the terms of the present Agreement.
Article VI
1.
The United Nations flag will be flown during the
period of the 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.
Article VII
The Secretary-General will provide the UNTEA with such security
forces as the United Nations Administrator deems necessary; such forces will
primarily supplement existing Papuan (West Irianese) police in the task of
maintaining law and order. The Papuan Volunteer Corps, which on the arrival
of the United Nations Administrator will cease being part of the Netherlands
armed forces, and the Indonesian armed forces in the territory will be under
the authority of, and at the disposal of, the Secretary-General for the same
purpose. The United Nations Administrator will, to the extent feasible, use
the Papuan (West Irianese) police as a United Nations security force to maintain
law and order and, at his discretion, use Indonesian armed forces. The Netherlands
armed forces will be repatriated as rapidly as possible and while still in
the territory will be under the authority of the UNTEA.
Article VIII
The United Nations Administrator will send periodic reports
to the Secretary-General on the principal aspects of the implementation of
the present Agreement. The Secretary-General will submit full reports to Indonesia
and the Netherlands and may submit, at his discretion, reports to the General
Assembly or to all United Nations Members.
FIRST PHASE OF THE UNTEA ADMINISTRATION
Article IX
The United Nations Admlnistrator will replace as rapidly as
possible top Netherlands officials as defined in annex A with non-Netherlands,
non-Indonesian officials during the first phase of the UNTEA administration
which will be completed on 1 May 1963. The United Nations Administrator will
be authorized to employ on a temporary basis all Netherlands officials other
than top Netherlands officials defined in annex A, who wish to serve the UNTEA,
in accordance with such terms and conditions as the Secretary-General may
specify. As many Papuans (West Irianese) as possible will be brought into
administrative and technical positions. To fill the remaining required posts,
the UNTEA will have authority to employ personnel provided by Indonesia. Salary
rates prevailing in the territory will be maintained.
Article X
Immediately after the transfer of administration to the UNTEA,
the UNTEA will widely publicize and explain the terms of the present Agreement,
and will inform the population concerning the transfer of administration to
Indonesia and the provisions for the act of self-determination as set out
in the present Agreement.
Article XI
To the extent that they are consistent with the letter and spirit
of the present Agreement, existing laws and regulations will remain in effect.
The UNTEA will have power to promulgate new laws and regulations or amend
them within the spirit and framework of the present Agreement. The representative
councils will be consulted prior to the issuance of new laws and regulations
or the amendment of existing laws.
SECOND PHASE
Article XII
The United Nations Administrator will have discretion to transfer
all or part of the administration to Indonesia at any time after the first
phase of the UNTEA administration. The UNTEA's authority will lease at the
moment of transfer of full administrative control to Indonesia.
Article XIII
United Nations security forces will be replaced by Indonesian
security forces after the first phase of the UNTEA administration. All United
Nations security forces will be withdrawn upon the transfer of administration
to Indonesia.
INDONESIAN ADMINISTRATION AND SELF-DETERMINATION
Article XIV
After the transfer of full administrative responsibility to
Indonesia, Indonesian national laws and regulations will in principle be applicable
in the territory, it being understood that they be consistent with the rights
and freedoms guaranteed to the inhabitants under the terns of the present
Agreement. New laws and regulations or amendments to the existing ones can
be enacted within the spirit of the present Agreement. The representative
councils will be consulted as appropriate.
Article XV
After the transfer of full administrative responsibility to
Indonesia, the primary task of Indonesia will be further intensification of
the education of the people, of the combating of illiteracy, and of the advancement
of their social, cultural and economic development. Efforts also will be made,
in accordance with present Indonesian practice, to accelerate the participation
of the people in local government through periodic elections. Any aspects
relating to the act of free choice will be governed by the terms of this Agreement.
Article XVI
At the time of the transfer of full administrative responsibility
to Indonesia a number of United Nations experts, as deemed adequate by the
Secretary-General after consultation with Indonesia, will be designated to
remain wherever their duties require their presence. Their duties will, prior
to the arrival of the United Nations Representative, who will participate
at the appropriate time in the arrangements for self-determination, be limited
to advising on, and assisting in, preparations for carrying out the provisions
for self-determination except in so far as Indonesia and the Secretary-General
may agree upon their performing other expert functions. They will be responsible
to the Secretary-General for the carrying out of their duties.
Article XVII
Indonesia will invite the Secretary-General to appoint a Representative
who, together with a staff made up, inter alia, of experts referred to in
article XVI, will carry out the Secretary-General's responsibilities to advise,
assist and participate in arrangements which are the responsibility of Indonesia
for the act of free choice. The Secretary-General will, at the proper time,
appoint the United Nations Representative in order that he and his staff may
assume their duties in the territory one year prior to the date of self-determination.
Such additional staff as the United Nations Representative might feel necessary
will be determined by the Secretary-General after consultations with Indonesia.
The United Nations Representative and his staff will have the same freedom
of movement as provided for the personnel referred to in article XVI.
Article XVIII
Indonesia will make arrangements, with the assistance and participation
of the United Nation Representative and his staff, to give the people of the
territory the opportunity to exercise freedom of choice. Such arrangements
will include:
(a) Consultations (Musyawarah) with the representative councils
on procedures l and appropriate methods to be followed for ascertaining the
freely expressed will of the population;
(b) The determination of the actual date of the exercise of
free choice within the period established by the present Agreement;
(c) Formulation of the questions in such a way as to permit
the inhabitants to decide (a) whether they wish to remain with Indonesia;
or (b) whether they wish to sever their ties with Indonesia;
(d) The eligibility of all adults, male and female, not foreign
nationals, to participate in the act of self-determination to be carried out
in accordance with international practice, who are resident at the time of
the signing of the present Agreement and at the time of the act of self-determination,
including those residents who departed after 1945 and who return to the territory
to resume residence after the termination of Netherlands administration.
Article XIX
The United Nations Representative will report to the Secretary-General
on the arrangements arrived at for freedom of choice.
Article XX
The act of self-determination will be completed before the end
of 1969.
Article XXI
1.
After the exercise of the right of self-determination,
Indonesia and the United Nations Representative will submit final reports
to the Secretary-General who will report to the General Assembly on the conduct
of the act of self-determination and the results thereof.
2.
The Parties to the present Agreement will recognize
and abide, by the results of the act of self-determination.
RIGHTS OF THE INHABITANTS
Article XXII
1.
The UNTEA and Indonesia will guarantee fully the
rights, including the rights of free speech, freedom of movement and of assembly,
of the inhabitants of the area. These rights will include the existing rights
of the inhabitants of the territory at the nine of the transfer of administration
to the UNTEA.
2.
The UNTEA will take over existing Netherlands commitments
in respect of concessions and property rights.
3.
After lndonesia has taken over the administration
it will honour those commitments which are not inconsistent with the interests
and economic development of the people of the territory A joint Indonesian-Netherlands
commission will be set up after the transfer of administration to Indonesia
to study the nature of the above-mentioned concessions and property rights.
4.
During the period of the UNTEA administration there
will be freedom of movement for civilians of Indonesian and Netherlands nationalities
to and from the territory.
Article XXIII
Vacancies in the representative councils caused by the departure
of Netherlands nationals, or for other reasons, will be filled as appropriate
consistent with existing legislation by elections, or by appointment by the
UNTEA. The representative councils will be consulted prior to the appointment
of new representatives.
FINANCIAL MATTERS
Article XXIV
1.
Deficits in the budget of the territory during
the UNTEA administration will be shared equally by Indonesia and the Netherlands.
2.
Indonesia and the Netherlands will be consulted
by the Secretary-General in the preparation of the UNTEA budget and other
financial matters relating to United Nations responsibilities under the present
Agreement; however, the Secretary- General will have the final decision.
3.
The Parties to the present Agreement will reimburse
the Secretary-General for all costs incurred by the United Nations under the
present Agreement and will make available suitable funds in advance for the
discharge of the Secretary-General's responsibilities. The Parties to the
present Agreement will share on an equal basis the costs of such reimbursements
and advances.
PREVIOUS TREATIES AND AGREEMENTS
Article XXV
The present Agreement will take precedence over any previous
agreement on the territory. Previous treaties and agreements regarding the
territory, may therefore be terminated or adjusted as necessary to conform
to the terms of the present Agreement.
PRIVILEGES AND IMMUNITIES
Article XXVI
For the purposes of the present Ageement, Indonesia and the
Netherlands will apply to the United Nations property, funds, assets and officials
the provisions of the Convention on the Privileges and Immunities of the United
Nations. In particular, the United Nations Administrator, appointed pursuant
to article N, and the United Nations Representative, appointed pursuant to
article XVII will enjoy the privileges and immunities specified in section
19 of the Convention on the Privileges and Immunities of the United Nations.
RATIFICATION
Article XXVII
1.
The present Agreement will be ratified in accordance
with the constitutional procedures of the Contracting Parties.
2.
The instruments of ratification will be exchanged
as soon as possible at the Headquarters of the United Nations by the accredited
representatives of the Contracting Parties.
3.
The Secretary-General will draw up a process-verbal
of the exchange of the instruments of ratification and will furnish a certified
copy thereof to each Contracting Party.
ENTRY INTO FORCE
Article XXVIII
1.
The present Agreement will enter into force upon
the date of the adoption by the General Assembly of the resolution referred
to in article I of the present Agreement.
2.
Upon the entry into force of the present Agreement,
the Secretary-General of the United Nations will register it in accordance
with Article 102 of the Charter.
AUTHENTIC TEXT
Article XXIX
The authentic text of the present Agreement is drawn up in the
English language. Translations in the Indonesian and Netherlands languages
will be exchanged between the Contracting Parties.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being
duly authorized for that purpose by their respective Governments, have signed
the present Agreement.
DONE at the Headquarters of the United Nations, New York, on
the fifteenth day of August 1967, in three identical copies, of which one
shall be deposited with the Secretary-General and one shall be furnished to
the Government of each of the Contracting Parties.
(Signed) J.Herman. VAN ROUEN for the Kingdom of the Netherlands
(Signed) C. W.A. SCHURMANN
_______
Note: In accordance with article XXVIII, the Agreement came into force on
21 September 1962, the date of the adoption by the General Assembly of the
resolution envisaged in article 1 of the Agreement (A/RES/1752 (XVII)). The
Instruments of ratifications were exchanged on 20 September 1962 at the Headquarters
of the United Nations, in accordance with article XXVII.
(Source: Department of Foreign Affairs of the Republic of
Indonesia)
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