Act of Free Choice - Background

Background

The referendum and its conduct had been specified in the New York Agreement; Article 17 of which in part says:

"Indonesia will invite the Secretary-General to appoint a Representative who" .. "will carry out Secretary-General's responsibilities to advise, assist, and participate in arrangements which are the responsibility of Indonesia for the act of free choice. The Secretary-General will, at the proper time, appoint the United Nations Representative in order that he and his staff may assume their duties in the territory one year prior to the self-determination." .. "The United Nations Representative and his staff will have the same freedom of movement as provided for the personnel referred to in Article XVI".

The agreement continues with Article 18:

Article XVIII
Indonesia will make arrangements, with the assistance and participation of the United Nations Representative and his staff, to give the people of the territory, the opportunity to exercise freedom of choice. Such arrangements will include:
a. Consultation (musyawarah) with the representative councils on procedures and methods to be followed for ascertaining the freely expressed will of the population.
b. The determination of the actual date of the exercise of free choice within the period established by the present Agreement.
c. Formulations of the questions in such a way as to permit the inhabitants to decide (a) whether they wish to remain with Indonesia; or (b) whether they wish to sever ties with Indonesia.
d. The eligibility of all adults, male and female, not foreign nationals to participate in the act of self-determination to be carried out in accordance with international practice, who are resident at the time of the signing of the present Agreement, including those residents who departed after 1945 and who returned to the territory to resume residence after the termination of the Netherlands administration.

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