FREE ACHEH MOVEMENT IN EUROPE
P.O. Box 2084, 145 02 Norsborg, Sweden
Fax: 00-46-8-53188460

Stockholm, 20 November, 1999

TERRITORIAL INTEGRITY VERSUS THE RIGHT
TO SELF-DETERMINATION

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.

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.

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 Acheh 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 to 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.

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 the Republic of Indonesia on behalf of its ‘territorial integrity’ and ‘internal affair’.

Stockholm, 20 November 1999

Free Acheh Movement In Europe