The Implementation of the 1962 New York Agreement in West Papua: An International Law Perspective

Abstract

This study examines the legal and historical implications of the dispute between the Papuan people and the implementation of the New York Agreement signed on 15 August 1962. The agreement, which regulated the transfer of authority over West New Guinea, has generated long-standing political debate and has been associated with human and material losses in Papua. Various reports and documentary evidence indicate that allegations of human rights violations have occurred periodically in the region. This research employs a descriptive–analytical method using an empirical juridical approach. The study combines normative legal analysis of international legal instruments related to the New York Agreement with empirical data derived from legal documents, historical records, and relevant secondary sources in order to evaluate the implementation of the agreement in practice.

The results show two major findings. First, the drafting and signing of the New York Agreement in 1962 did not involve direct participation from representatives of the Papuan population. Many Papuans became aware of the agreement only after the transfer of administrative authority from the United Nations Temporary Executive Authority (UNTEA) to Indonesia on 1 May 1963 and during the implementation of the Act of Free Choice in 1969. Second, the implementation of the Act of Free Choice has been widely debated, particularly regarding its conformity with the principle of self-determination contained in the New York Agreement. This situation has contributed to continuing political grievances and ongoing discussions within the framework of international law and human rights.