Thursday, December 27, 2012

United Nations and Non-Self-Governing territories

The basic idea of the UN Charter is given in article 1, which in part 2 says "To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace"

The Charter in chapter 11 provides respect for the equal rights & self-determination of Non-Self-Governing territories which are occupied by UN members by telling those UN nations how to treat the non-self-governing territories.

The Charter in chapter 12 defines a "Trusteeship System" by which the UN can occupy or administrate a non-self-governing territory, a "trust territory". The chapter allows options for either the UN or a member of the UN to be the colonial power to occupy and administrate the trust territory.

Finally, the Charter in chapter 13 creates a Trusteeship Council and explains obligations which the Trusteeship Council has towards non-self-governing territories which are subject to the Trusteeship System.

If the UN allows one of its members to administrate a trust territory, the only remaining duties of the Trusteeship Council towards the trust territory are articles 87 and 88 of the Charter; to consider petitions about the territory, and to ask questions about the territory. In effect articles 87 and 88 perform the same function as article 73(e) does for other non-self-governing territories, to provide information to the UN about the colony each year.

The purpose of the "Trusteeship System" is stated in article 76, which in part says is to promote them "towards self-government or independence". In the UN Charter there is no means of ending Trusteeship, but in article 78 it says "The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality."

The result of Chapter 12 and article 1 of the UN Charter is that the UN must recognise an act of self-determination by trust territories as soon as possible.

Tuesday, December 25, 2012

Basics

Foundation of Blog

West Papua in this blog refers to the nation declared in a manifesto which the New Guinea Council published on 19 October 1961, their people, their lands, their resources, their interests.

My first ideas are that :

1)  West Papua is in my opinion an United Nations Trust territory, and is a issue for the credibility of the United Nations and a major credibility issue of the rule of law by the membership of the United Nations. Although the International Court of Justice (ICJ) is the only authority able to legally declare if a territory is a trust territory or not, I have no problem discussing or debating the likelihoods with people provided you have read the six documents required for forming an opinion about the trusteeship question:
2)  The people of West Papua since the 1960s are probably correct to suspect Indonesia would quickly conduct widespread genocide if the Papuan population attempted a revolution of the type the Americans did in 1775-1783. I think the best option for the West Papuan people is to prompt the news media and United Nations officials to raise the question, is West Papua a UN trust territory ?