| 'National
aspirations must be respected, peoples may be dominated and
governed only by their consent. Self-determination is not a
mere phrase. It is an imperative principle of action, which
statesmen will henceforth ignore
at their peril' ——
DR. HASAN DI TIRO, the
leader of the Acheh Sumatra National Liberation Front (ASNLF)

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 HE STATE OF ACHEH
WAS AN INDEPENDENT SOVEREIGN STATE from 1500 on
wards, and from the seventeenth century, it was recognized by
Britain, the USA, Portugal, France, the Netherlands, and Turkey. A
treaty was made between King James 1 of Britain and the Sultan of Acheh in 1603, and in
1819 a
new Treaty was made administrator in the region, providing that
"there shell be a perpetual peace, friendship an defensive
Alliance between the States dominions and subjects of the High
Contracting Parties, neither of whom shall give any aid or
assistance to the enemies of other".
When the Dutch invaded Acheh on March 26, 1878, they informed the
Government of the USA and asked for American endorsement of their
aggression. President Ulysses S Grant refused this appear, declaring
US neutrality and sending the following message to the congress.
"Official information being received from the Dutch government
of state of war between the King of Netherlands and the Sultan of
Acheen. The officers of the USA who where near the seat of the war
were instructed to observe impartial neutrality. It is believed that
they have done so".
The war between the Netherlands and Acheh never came to a formal
end, but the Dutch withdraw in March 1942, as a consequence of the
war in the Pacific. They never tried to regain possession of Acheh
after 1945, and they had no right or power to hand the State over to
the newly created state of Indonesia, as they purported to do, on December 27, 1949, Following
the withdrawal of the illegally occupying power, Acheh should have
reverted to its former sovereign status. The transfer the power to a
government in Jakarta without any consultation process, violated
Articles 2 and 55 of the UN Charter, as well as Article 21 of the
Universal Declaration of Human Rights, and international customary
law, later to be embodied in the Declaration on the Granting of
Independence to Colonial Countries an Peoples.
When Ottoman rule ended in Europe, the separate gained their
independence, after centuries of occupation. At the end of World War
1, the peoples of the Austro-Hungarian empire gained their
individual freedoms, and the Arab peoples of the Middle East set out
along the path of self-determination. After the fall of the Soviet
Union, the subject Republics reverted to their former sovereignty.
The International community should therefore acknowledge that
handing over the people of Acheh to colonial and alien rule from
Jakarta was a denial of the right which has been enjoyed by other
peoples formerly under colonial and alien domination by neighboring
powers since the early 19th century, and by the victims of 'salt
sea' imperialism since World War II.
Every colonial territory a separate legal status from all other
colonial territories, and each has a separate right to
self-determination. This separate legal status cannot be annulled by
an imperialist by an imperialist decision to unify the
administration of a number of territories, as the Dutch did in
Indonesia. The principle was upheld by the Security Council in the
came of Namibia, which could not be integrated into South Africa
when the mandate exercised by South Africa came to an end.
Ironically, it was the Dutch Presidency of the Security Council
which made a statement to the Security Council on February 3,
1985, that "The Namibian people have a right to self-determination ….." and the same right applies pari
passu to the Achenese.
The 1970 Declaration on Friendly Relation declared that
nothing should impair the territorial integrity of sovereign and
independent States, provided they were 'possessed of a government
representing the whole people belonging to the territory without
distinction at to race, creed or color'. This implies that there is a right of secession where the condition
is not satisfied, where there is a denial of the basic right occur,
and the possibility of peaceful political solutions within the
existing State structure are excluded . Therefore the international
community has a duty to consider whether these tests are satisfied
in the in the case of Acheh, over and above the duty to restore the sovereignty of a
conquered state,
exercised only recently in the case of Kuwait.
The forced integration of Eritrea with Ethiopia led to a thirty-five
year war, and to animosities between the leadership of the two
countries which have not yet been assuaged by the passage of time.
The United Nations did not recognize that it had made a mistake
until the people of Eritrea gained their freedom by an armed
struggle which caused immense loss of life and suffering
on both sides. Yet the lesson was not learned, that mechanism ought
to be established within the United Nations, for claimants to
self-determination to put their case, and to have it judged by an
independent tribunal in accordance with international law. The time
has now come to act on the injunction of President Woodrow Wilson:
"National aspirations must be respected, peoples may be
dominated and governed only by their consent. Self-determination is
not a mere phrase. It is an imperative principle of action, which
statesmen will henceforth ignore at their peril".
According to all these rules and procedure which are being
relentlessly executed in all ex-colonials territories except in the
Dutch East Indies, so-called "Indonesia". And that
colonialism is considered an International Crime - UN Resolution
2621-XXV.
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Massages and Papers of the President, Publishers, Year and place of
Publication, 4192. |
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UN General Assembly Resolution 1514 0f 1960. |
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Declaration of Principles of International Law Concerning Friendly
Relations and Co-operation among States in Accordance with the
Charier of the UN, GA Resolution 2625(XXV), October 24, 1970. |
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Antonio
Cassese, Self Determination of Peoples: A Legal Reappraisal
Cambridge University Press, 1995, 120 |
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