A Review on Chagos, Papua, and Vanuatu

A few days ago, the International Court of Justice (ICJ) delivered its advisory opinion stating that the UK should return Chagos to Mauritius in order to put an end to decolonization, as Chagos is an inseparable part of Mauritius since its independence day in 1968.

ICJ then refused to give a further opinion by valuing this case as a bilateral case between Mauritius and UK.

This case is surely not related to sovereignty issues, but rather an issue of decolonization which has not yet been settled.

However, the decision of ICJ was seen by few parties, who did not fully understand the meaning of the decision and associate this case to Papua issue, as a decision that supports the separation of Papua from Indonesia―making it seem as if the situation in Papua was also an unfinished decolonization process, and that Papua is a colony of Indonesia.

To straighten the fatal mistake of associating the Chagos issue with Papua’s, there should be an understanding on how Papua had become a province and an inseparable part of Indonesia.

History notes down that Papua case was a dispute between Indonesia and The Netherlands, which resulted to the Netherlands giving back Papua to Indonesia via the establishment of New York Agreementin 1962. This agreement was established due to Netherlands’ refusal to surrender all of its colonized areas when Indonesia declared its independence in 1945.

Both cases of Chagos and Papua is basically connected with an international law doctrine, Uti Possidetis Juris (you possess under law), which basically states that newly formed sovereign state should have the same borders as their preceding dependent area before their independence. This principle lays a foundation to defend the newly formed state not to be divided and separated into several different entities by its colonial power. History taught us that some colonial powers tend to divide their colony into several new entities.

Uti Possidetis Juris was then crystalized and strengthened with norms that prohibit colonial (invading) countries to separate or break the colonized countries with territorial integrity and right to self-determination. It was comprised in paragraph 6 of the Declaration on the Granting of Independence to Colonial Countries and Peoplesthat was set through UNGA Resolution No. 1514/XV 1960.

We have witnessed that UK and the Netherlands had taken similar actions where they decided to hold on to some parts of their colonized territory and separated the territory into several entities.

In Papua’s case, the bilateral dispute was then facilitated by UN Secretary-General, where the discussion led to the New York Agreement 1962. The agreement included the process of “handing over” Papua from the Netherlands to the UN, and then back to Indonesia. After Papua was handed back to Indonesia, PEPERA was set to take place. The Preamble Agreementhighlighted that Papua is a dispute matter between Indonesia and The Netherlands.

UN’s involvement in this process was intended to avoid further conflict between Indonesia and the Netherlands, which could have potentially caused an open war. This conflict was then concluded with the ceasefire agreement on the 15th of August 1952.

PEPERA itself was not convened by UN, but by Indonesia itself with the participation of the UN special envoy in it. The term which was used was “plebiscite”, not “self-determination”.

The result of PEPERA was reported to the UN Secretary-General separately both by Indonesian Minister of Foreign Affairs and the UN special envoy. The Secretary-General then reported this to UN General Assembly. During the discussion in the General Assembly, the Netherlands accepted the results of PEPERA as how it was in the resolution. UN General Assembly was also very “correct” in responding to PEPERA. It did not position itself as a party who endorsed the results of the agreement, but rather only to “take note” on the Sec-General report of PEPERA. This confirmed that PEPERA was not a self-determination mechanism like the one typically done by UN.

The facilitation process done by UN’s Secretary-General (even by using PEPERA) needs to be understood as a way to avoid bilateral conflict between Indonesia and the Netherlands, and not as an implementation of the UNGA Resolution No. 1514 (Granting of Independence to Colonial Countries and Peoples) and No. 1541 (self-determination).

Therefore, history has witnessed the facts that Papua has always been a part of Indonesia since the declaration of independence in 1945.

In this regard, related to the title of this article, the confusing and misleading support of Vanuatu towards Chagos being handed back to Mauritius and Papua to be separated from Indonesia, also needs to be taking into account.

Vanuatu’s support for Mauritius is rather correct and accurate. However, if the same support is used in the Papua case, then it clearly shows that Vanuatu has double standard which demonstrates its embarrassing hypocrisy.

The author has questioned the ideological foundation that motivates Vanuatu to take such contradicting actions related to Mauritius-Chagos and Indonesia-Papua.

Here are few possibilities:

Vanuatu’s support towards decolonization is built on the international law principal of Uti Possidetis Juris. If this is the answer, Vanuatu accepted such doctrine in relation to Chagos, but rejected it if it is used in the case of Papua. Vanuatu’s response in this case can be regarded as irresponsible and hypocritical.

If that is not the reason, then the next possibility for Vanuatu to build its argument on a racist mindset is that they view the establishment of a country based on a monogamous race. This is very likely as Vanuatu often express such ideas through equally racist jargons, such as Melanesian race, etc in various events. The same things always come up in various Vanuatu’s statements to support Papua separation from Indonesia. They used a simple argument: Melanesian Papua is invaded by Indonesia which is a Malay or Asian nation. Vanuatu completely dismissed the fact that many provinces outside Papua in Indonesia are also majorly populated by Melanesians and fundamentally Indonesia is made up of different races, religions, and beliefs. Perhaps, Vanuatu still adheres to an outdated and ancient mindset.

Another possible reason why Vanuatu took such actions is that it wants to raise its name in the international community and to distract their attention from troublesome and difficulties in their own domestic condition such as acute conflicts in politics, social, and economy. Corruption, poverty, and other social issues has put Vanuatu as one of the poorest and backwards country in the world.

However, in the end, it is only Vanuatu that can explain this strange attitude. One advice the author would give to the leaders of Vanuatu: buy a good mirror, and take a look at yourselves.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.