TERRITORIAL INTEGRITY VERSUS THE RI

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Subject: TERRITORIAL INTEGRITY VERSUS THE RIGHT TO SELF-DETERMINATION 

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FREE ACHEH MOVEMENT IN EUROPEP.O. Box 2084, 145 02 Norsborg, SwedenFax: =
00-46-8-53188460=20
=20
TERRITORIAL INTEGRITY VERSUS THE RIGHT TO SELF-DETERMINATION=20

The struggle of the oppressed peoples of the world for their right to =
self-determination has often been overshadowed by the notion of the so =
called 'territorial integrity' and the principles of non-interference in =
'internal affair' of a sovereign state.

Yesterday, the chairman of the Organisation for Security and Cooperation =
in Europe (OSCE) read out a statement during the summit in Istanbul, =
Turkey, expressing deep concerns on the terrible situation in Chechenia, =
but at the same time strongly supported the 'territorial integrity' of =
the Russian Federation. In respond to Achehnese demands for a referendum =
to determine their own future, many Indonesian ministers and top =
politicians have bluntly echoed the importance of preserving the =
'territorial integrity' of Indonesia by any means.=20

Is 'territorial integrity' sacrosanct enough to legitimise the use of =
force against innocent civilians in order to prevent that territory from =
breaking away?

The territorial integrity of a state is recognised by international law. =
But human rights, including the right to self-determination, are also an =
integral part of international law and, by definition, must be the =
legitimate concern of the international community. It is also a cardinal =
principle of international law that the legitimacy of a state's control =
over a territory depends on how it had acquired that territory. In the =
case of Acheh, the territory was unlawful occupied by the Dutch and then =
handed over to the newly created Indonesia after World War Two without =
due process of international law and the laws of decolonization.  =
Dillard, a member of the International Court of Justice, had said: "It =
is the population who decides the destine of the territory and not the =
opposite." (C.I.J. Recueil, 1975, p. 21). Furthermore, the concept of =
the 'territorial integrity' of Indonesia itself stems from the era of =
colonialism to prevent artificial boundaries of conquered territories =
from becoming separate independent states. Therefore, the very concept =
of the 'territorial integrity' of Indonesia is by no means sacrosanct or =
absolute.=20

In the past months, the people of Acheh, NGOs and human rights groups =
have repeatedly warned the Indonesian government and even the =
international organisations, including the UN, of the extreme danger of  =
Indonesian military approach to solve the genuinely political conflicts =
in Acheh. Despite that, the Indonesian military is now planning to =
impose a martial law in the area - meaning, more blood of innocent =
Achehnese will spill - and the UN and western democracies still consider =
the Acheh conflict as an 'internal affair' of Indonesia. Here again, the =
notion of 'internal affair' is going to be used effectively by the =
regime as a licence to kill more Achehnese and prevent the outside =
intervention.

This irresponsible attitude of the international community is also a =
betrayal of the very principle of the right to self-determination of the =
Achehnese people to determine their own future through a fair and free =
referendum. The decades of flagrant violations of human and political =
rights by Indonesia in Acheh is neither an internal affair nor a =
domestic jurisdiction of any state. It is absolutely an international =
concern that cannot be resolved without international intervention. Even =
if Indonesia succeeds in occupying Acheh militarily, and this will =
certainly result in many more deaths and casualties, the war will =
continue unabated.=20

History has proven that it took Dutch colonialism almost a century to =
understand that Achehnese cannot be defeated in war. It also took =
Indonesian colonialism 54 years to learn how resilient Achehnese has =
been struggling for their liberation. And a peaceful manifestation for =
referendum in Banda Acheh on 8 November 1999, where a quarter (1,5 =
million) of Achehnese population from all walks of life participated, is =
another blatant proof for the international community that Achehnese are =
united and prepared to give everything they possess when their =
integrity, dignity and honour are downtrodden. Two decades have passed =
and tens of thousands of innocent Achehnese have been either killed or =
disappeared without a trace. How long will the international community =
wait before taking actions to save those lives that can still be saved, =
or should there be many more bloodbaths before the international =
community will act. Help to prove this wrong.

Given the tragic history of centuries of oppression by Dutch, Japanese =
and Indonesian colonialists that Achehnese have subjected to throughout =
history, it is not so difficult to understand why an overwhelming =
majority - if not 100% - believe that independence is the only way =
forward and referendum is the most democratic way to solve the Acheh =
conflict. Therefore it is the responsibility of the international =
community, including the UN, to support and uphold the rights of the =
Achehnese people to determine its own future through a free referendum =
or plebiscite. And it is also the duty of the UN to protect the =
political and human rights of the Achehnese from being usurped by =
Indonesia on behalf of 'territorial integrity' and 'internal affair' of =
the Republic of Indonesia.


Stockholm, 20 November 1999=20


M. Yusuf Daud
Secretary General
E-mail: yusuf.daud@xxxxxxxxx=20


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<DIV align=3Dcenter><PRE><STRONG><FONT face=3DArial>FREE ACHEH MOVEMENT =
IN EUROPE<BR>P.O. Box 2084, 145 02 Norsborg, Sweden<BR>Fax: =
00-46-8-53188460<BR><BR><BR></FONT>&nbsp;</STRONG></PRE></DIV>
<DIV align=3Dcenter><FONT color=3D#000000 face=3DArial size=3D2><FONT=20
size=3D3><STRONG></STRONG></FONT></FONT>&nbsp;</DIV>
<DIV align=3Dcenter><PRE><FONT color=3D#0000ff><STRONG><U><FONT =
size=3D3>TERRITORIAL INTEGRITY VERSUS THE RIGHT TO =
SELF-DETERMINATION</FONT><BR><BR>&nbsp;</U></STRONG></FONT></PRE></DIV><F=
ONT=20
color=3D#000000 face=3D"Times New Roman" size=3D3><FONT size=3D4>
<DIV align=3Djustify><FONT color=3D#000000 face=3DArial size=3D2><BR>The =
struggle of the=20
oppressed peoples of the world for their right to self-determination has =
often=20
been overshadowed by the notion of the so called 'territorial integrity' =
and the=20
principles of non-interference in 'internal affair' of a sovereign=20
state.<BR><BR>Yesterday, the chairman of the Organisation for Security =
and=20
Cooperation in Europe (OSCE) read out a statement during the summit in =
Istanbul,=20
Turkey, expressing deep concerns on the terrible situation in Chechenia, =
but at=20
the same time strongly supported the 'territorial integrity' of the =
Russian=20
Federation. In respond to Achehnese demands for a referendum to =
determine their=20
own future, many Indonesian ministers and top politicians have bluntly =
echoed=20
the importance of preserving the 'territorial integrity' of Indonesia by =
any=20
means. <BR><BR>Is 'territorial integrity' sacrosanct enough to =
legitimise the=20
use of force against innocent civilians in order to prevent that =
territory from=20
breaking away?<BR><BR>The territorial integrity of a state is recognised =
by=20
international law. But human rights, including the right to =
self-determination,=20
are also an integral part of international law and, by definition, must =
be the=20
legitimate concern of the international community. It is also a cardinal =

principle of international law that the legitimacy of a state's control =
over a=20
territory depends on how it had acquired that territory. In the case of =
Acheh,=20
the territory was unlawful occupied by the Dutch and then handed over to =
the=20
newly created Indonesia after World War Two without due process of =
international=20
law and the laws of decolonization. &nbsp;Dillard, a member of the =
International=20
Court of Justice, had said: &#8221;<I>It is the population who decides =
the destine of=20
the territory and not the opposite.&#8221;</I> (C.I.J. Recueil, 1975, p. =
21).=20
Furthermore, the concept of the 'territorial integrity' of Indonesia =
itself=20
stems from the era of colonialism to prevent artificial boundaries of =
conquered=20
territories from becoming separate independent states. Therefore, the =
very=20
concept of the 'territorial integrity' of Indonesia is by no means =
sacrosanct or=20
absolute. <BR><BR>In the past months, the people of Acheh, NGOs and =
human rights=20
groups have repeatedly warned the Indonesian government and even the=20
international organisations, including the UN, of the extreme danger of=20
&nbsp;Indonesian military approach to solve the genuinely political =
conflicts in=20
Acheh. Despite that, the Indonesian military is now planning to impose a =
martial=20
law in the area - meaning, more blood of innocent Achehnese will spill - =
and the=20
UN and western democracies still consider the Acheh conflict as an =
'internal=20
affair' of Indonesia. Here again, the notion of 'internal affair' is =
going to be=20
used effectively by the regime as a licence to kill more Achehnese and =
prevent=20
the outside intervention.<BR><BR>This irresponsible attitude of the=20
international community is also a betrayal of the very principle of the =
right to=20
self-determination of the Achehnese people to determine their own future =
through=20
a fair and free referendum. The decades of flagrant violations of human =
and=20
political rights by Indonesia in Acheh is neither an internal affair nor =
a=20
domestic jurisdiction of any state. It is absolutely an international =
concern=20
that cannot be resolved without international intervention. Even if =
Indonesia=20
succeeds in occupying Acheh militarily, and this will certainly result =
in many=20
more deaths and casualties, the war will continue unabated. =
<BR><BR>History has=20
proven that it took Dutch colonialism almost a century to understand =
that=20
Achehnese cannot be defeated in war. It also took Indonesian colonialism =
54=20
years to learn how resilient Achehnese has been struggling for their =
liberation.=20
And a peaceful manifestation for referendum in Banda Acheh on 8 November =
1999,=20
where a quarter (1,5 million) of Achehnese population from all walks of =
life=20
participated, is another blatant proof for the international community =
that=20
Achehnese are united and prepared to give everything they possess when =
their=20
integrity, dignity and honour are downtrodden. Two decades have passed =
and tens=20
of thousands of innocent Achehnese have been either killed or =
disappeared=20
without a trace. How long will the international community wait before =
taking=20
actions to save those lives that can still be saved, or should there be =
many=20
more bloodbaths before the international community will act. Help to =
prove this=20
wrong.<BR><BR>Given the tragic history of centuries of oppression by =
Dutch,=20
Japanese and Indonesian colonialists that Achehnese have subjected to =
throughout=20
history, it is not so difficult to understand why an overwhelming =
majority &#8211; if=20
not 100% - believe that independence is the only way forward and =
referendum is=20
the most democratic way to solve the Acheh conflict. Therefore it is the =

responsibility of the international community, including the UN, to =
support and=20
uphold the rights of the Achehnese people to determine its own future =
through a=20
free referendum or plebiscite. And it is also the duty of the UN to =
protect the=20
political and human rights of the Achehnese from being usurped by =
Indonesia on=20
behalf of 'territorial integrity' and 'internal affair' of the Republic =
of=20
Indonesia.<BR><BR><BR>Stockholm, 20 November 1999 <BR><BR><BR>M. Yusuf=20
Daud<BR>Secretary General<BR>E-mail: <A=20
href=3D"mailto:yusuf.daud@xxxxxxxxx";>yusuf.daud@xxxxxxxxx</A>&nbsp;<BR></=
DIV></FONT><FONT=20
color=3D#000000 face=3DArial size=3D2>
<DIV align=3Djustify>
<HR>
</DIV></FONT></FONT></FONT></FONT></BODY></HTML>

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