To:Kristian Griapon
Respect
Welcome, and thank you for accepting my request.
I really appreciate that you are publishing your current understanding of 1962 and 1969. It is very important for people to understand, so that they can fix the international problems that have been created by Indonesia and the United Nations.
You are right to remember that the dispute between Indonesia and the Netherlands was after 1945; But the more important issue is after both are members of the United Nations. As members of the United Nations, they are subject to international law written in the UN charter.
Article 103 of the UN Charter says the Charter's legal obligations take precedence over other treaties.
Article 73 says that if a nation recognizes that it is an administration of the colony, that the purpose of the administration is to help the colony achieve full self-control of its own affairs (e.g. Independence).
Article 73 (e) says that every year members must submit data on colonies to the United Nations; But if chapters XII and XIII come into force, members must stop submitting data.
During the 1950s and 1960s Indonesia could not support a successful invasion of West Papua, it could only dump troops in Papua without the ability to provide more food, water, and ammunition.
Therefore, Indonesia wants to use Chapter XII for the UN to invade and appoint Indonesia as the administrator. But Indonesia does not want the UN to be able to use Chapter XIII or to implement Article 76 which says all UN members must help the colony for independence.
And Chapter XIII created a special section of the United Nations, contacting the Trusteeship Council which was to make an annual report on the colony and progress towards independence.
So in 1961 the Dutch wanted proper guardianship (Chapters XII and XIII) for West Papua, but Indonesia did not; Indonesia wanted a special guardianship that would conquer West Papua and then ignore West Papua.
Therefore, Indonesia wants an honest UN Secretary-General to die and be replaced by Indonesia's friend U-Thant. Then the Secretary-General was killed and U-Thant became the new Secretary-General who supported the wishes of India and India, India wanted the lands of Goa and Deman and Diu; and Indonesia wants West Papua.
So Indonesia began the Trikora operation sending troops to West Papua as a pretext for U-Thant to get the U.S. to get the Netherlands to sign a special document – the 1962 treaty.
Chapter XII requires a treaty to be signed by the two countries claiming the colony, the treaty must also say who the administrator will be, must also say additional things that one of the members thinks are necessary, and then must be approved by the United Nations. If people say the colony is a security risk (Article 86), the Security Council must approve the agreement; But if the colony is not a security risk (Article 85), the General Assembly must approve the treaty.
The 'New York Agreement' that the Dutch wanted to sign, asking the General Assembly to ratify the UN conquest of West Papua, said the UN would be the administrator, and then suggested that the UN could appoint Indonesia as administrator.
The 1962 treaty is not between Indonesia and the Netherlands, it is a Chapter XII agreement, it is a joint agreement by Indonesia and the Netherlands jointly asking the General Assembly to ratify U-Thant to conquer West Papua and possibly then appoint Indonesia as administrator.
Kristian Griapon, March 9, 2024
By: Andrew Johnson
I agree with the understanding of international law conveyed by Andrew Johnson, because the New York Agreement, August 15, 1962 has become the legal basis of international agreements, which must be obeyed and binding on Indonesia and the Netherlands. The treaty can be concluded based on the principle of international law 'Erga Omnes' (ethnic, cultural & geographical area), regardless of Indonesia's claim to the Dutch East Indies territory which is included in Malay ethnicity and culture.
West Papua outside the UN Decolonization Committee is related to UN General Assembly resolution 1752. If West Papuan independence fighters are oriented towards the UN Decolonization Committee, it is a futile struggle and will benefit Indonesia for the status quo over the geographical area of Western New Guinea (West Papua).
Andrew Johnson, March 10, 2024
By: Andrew Johnson
I agree with the understanding of international law conveyed by Andrew Johnson, because the New York Agreement, August 15, 1962 has become the legal basis of international agreements, which must be obeyed and binding on Indonesia and the Netherlands. The treaty can be concluded based on the principle of international law 'Erga Omnes' (ethnic, cultural & geographical area), regardless of Indonesia's claim to the Dutch East Indies territory which is included in Malay ethnicity and culture.
West Papua outside the UN Decolonization Committee is related to UN General Assembly resolution 1752. If West Papuan independence fighters are oriented towards the UN Decolonization Committee, it is a futile struggle and will benefit Indonesia for the status quo over the geographical area of Western New Guinea (West Papua).
Andrew Johnson, March 10, 2024
To:Kristian Griapon-
In 2013 Ralph in Vanuatu sent an email and said he had parliamentary support to include res. 1752 was on the agenda of the Board of Trustees, but after Benny Wenda's friend held a secret talk with Ralph, he refused.
This is the reason why in 2014 John Ondawame and I will be calling for a meeting in Vanuatu to support a public request for the UN Secretary-General to put resolution 1752 on the agenda of the UN Trustee Council; unfortunately, within hours of John trying to make arrangements, he had a 'heart attack'.
I keep explaining why res. 1752 on the right agenda would lead to West Papuan independence, but people seemed distracted by the ULMWP's different promises.
I can only hope and pray that West Papua will soon decide to make this demand to the UN Secretary-General, Free Papua. (***)
Note:
WEST PAPUA REVEALED:
Non-Self-Governing Territories, or Abandoned Trust Territories*.
Paper Introduction By:
JULIAN MCKINLAY KING** WITH ANDREW JOHNSON***
This paper examines the supposed shift in legal status, under the Charter of the United Nations ('UN'), with the transfer of West Papua from the Netherlands to the United Nations in 1962 through the 'Indonesia Agreement and the Treaty'.
The Netherlands (with an appendix) regarding West New Guinea (West Irian)'.
This paper argues that this treaty should be a Guardianship Agreement that transfers the legal status of West Papua from the Dutch Non-Self-Governing Territory to a United Nations Guardianship Territory. Thus, the United Nations through the Guardianship Council is responsible, and remains responsible, for ensuring that the people of West Papua achieve self-government or independence
as required in Article 76 (b) of the UN Charter.
This argument is based on Chapters XI, XII, and XIII of the UN Charter which govern decolonization and is further supported by the recognition contained in the secret documents of the United States, Australia, and the United Nations that have now been declassified
of that period.
A legal pathway to help the people of West Papua achieve their legitimate independence was also developed by utilizing the Rules of Conduct of the Trustee Council under which any UN Member can add an agenda, and residents of the Territory or other parties can petition, to draw the Council's attention to violations of the International Trust System. This will allow the Trustee Board to solicit the opinion of the advisor. (***)
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