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.
then refused to give a further opinion by valuing this case as a bilateral case
between Mauritius and UK.
case is surely not related to sovereignty issues, but rather an issue of decolonization
which has not yet been settled.
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.
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.
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.
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.
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.
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.
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.
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”.
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.
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).
history has witnessed the facts that Papua has always been a part of Indonesia
since the declaration of independence in 1945.
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.
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.
author has questioned the ideological foundation that motivates Vanuatu to take
such contradicting actions related to Mauritius-Chagos and Indonesia-Papua.
are few possibilities:
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.
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.
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.
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.