15 August 1962
AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND THE
KINGDOM OF THE NETHERLANDS CONCERNING
WEST NEW GUINEA (WEST IRIAN) / WEST PAPUA
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) hereinafter 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
After the present Agreement between Indonesia and the
Netherlands has been signed and ratified by both
Contradicting 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
After the adoption of the resolution referred to in Article I, the Netherlands will transfer administration of the territory
to a United Nations Temporary Executive Authority (UNTEA) established by and under the jurisdiction of the Secretary-General upon
the arrival of the United Nations administrator appointed in accordance with Article IV. The UNTEA will in turn transfer the
administration to Indonesia in accordance with Article XII.
United Nations Administration
In order to facilitate the transfer of administration to the UNTEA after the adoption of the resolution by the
General-Secretary 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 National Administrator.
A United Nations Administrator, acceptable to Indonesia and the Netherlands, will be appointed by the Secretary-General.
The United Nations Administrator, as chief executive office 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
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 flag, it is agreed that this matter will be determined by
agreement between the Secretary-General and respective governments.
The Secretary-General will provide UNTEA with such security forces as the United Nations Administrator deems necessary; such
forces will primarily supplement existing Papuan 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,
and at the disposal of, the Secretary-General for the same purpose.
The United Nations Administrator will, to the extent feasible, use the
Papuan police as the 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.
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
The United Nations Administration 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 as the Secretary-General may specify.
As many Papuans 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 in the territory will be maintained.
Immediately after the transfer of the 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.
To the extend 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 the power to promulgate 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.
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 cease at the moment of the transfer of full
administrative control to Indonesia.
Indonesian Administration and Self-Determination
After the transfer of full administrative responsibility to Indonesia, Indonesia national laws and regulations will in
principle be applicable in the territory,
it being understood that they be consistent with the rights and freedom guaranteed to
the inhabitants under the terms 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.
After the transfer of full administrative responsibility to Indonesia, the primary task of Indonesia will be further
intensification of the education of the people, the combatting of illiteracy, and of the advancement of their social, cultural
and economic development. Efforts will be made in accordance with present Indonesian practice to
accelerate the participation of the people in local government through periodic elections.
Any respects relating to the act of free choice will be governed by the terms of this Agreement.
At the same time of transfer of full administrative responsibility
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 preparation for carrying out the provisions for self-determination
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.
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
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 self-determination.
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.
Indonesia will make arrangements, with the assistance and
participation of the United Nations Representative and his staff,
to give the people of the territory, the opportunity to exercise
freedom of choice. Such arrangements will include:
a. Consultation (musyawarah) with the representative councils
on procedures and 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. Formulations 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 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,
including those residents who departed after 1945 and who returned to the territory to resume residence after the termination of
the Netherlands administration.
The United Nations Representative will report to the
Secretary-General on the arrangements arrived at for freedom of choice.
The act of self-determination will be completed before the end of 1969.
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
2. The parties to the present Agreement will recognize and abide by the results of the act of self-determination.
Rights of the Inhabitants
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
time 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 Indonesia has taken over the administration it will honor those communities 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 movements for civilian of Indonesia and Netherlands
nationalities to and from the territory.
Vacancies in the representative councils caused by the departure of Netherlands nationals or for other reasons, will be filled
as appropriate in consistent with the existing legislation by elections, or by appointment by the UNTEA. The representative
councils will be consulted prior to the appointment of new representative.
1. Deficit in the budget of the territory during the UNTEA administration will be shared equally by Indonesia and the
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 the 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
Previous Treaties and Agreements
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
Priviledges and Immunities
For the purposes of the present Agreement, Indonesia and the Netherlands will apply to the United Nations property, funds,
assets, and officials to provisions of the Convention on the Privileges and Immunities of the United Nations.
In particular, the United Nations Administrator, appointed pursuant to Article IV, and the United Nations Representative,
appointed pursuant to Article XVII, will enjoy privileges and immunities specified in Section 19 of the Convention on the
Privileges and Immunities of the United nations.
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
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.
The authentic text of the present Agreement is drawn up in English language. Translations in the Indonesian and Netherlands
language will be exchanged between the Contracting Parties.
In Witness thereof the undersigned plenipotentiaries, being duly authorized for that purpose by their respective Governments,
have signed the present Agreement.
Issued at the Headquarters of the United Nations, New York, on this fifteenth day of August 1962, 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
Signed, Subandrio - for the Republic of Indonesia Signed, J. Herman van Roijen - for the Kingdom of the Netherlands Signed,
C.W.A. Schurmann - for the Kingdom of the Netherlands