13 Kirby to Burton

Cablegram K39 BATAVIA, 11 January 1948, 9.10 a.m.

MOST IMMEDIATE SECRET

Just as I am leaving for Djokjakarta this morning, Sunday, the Dutch have indicated that they will most likely accept the undermentioned 6 points if the Republic accept the Truce agreement and other principles already forwarded to you. [1]

I consider this statement vital and would be pleased if you would cable me in Djokjakarta your reactions which may have direct bearing on the Republic reply; I shall keep you fully informed of the developments.

(1) Sovereignty throughout the Netherlands Indies is and shall remain with the Kingdom of the Netherlands until, after a stated interval, the Kingdom of the Netherlands transfers its sovereignty to the United States of Indonesia. Prior to termination of such stated interval, the Kingdom of the Netherlands may confer appropriate rights, duties and responsibilities on a provisional Federal Government of territories of the future United States of Indonesia. The United States of Indonesia when created will be a sovereign and independent state in equal partnership with the Kingdom of the Netherlands in a Netherlands-Indonesia Union at the head of which shall be the King of Netherlands. The status of the Republic of Indonesia will be that of a state within the United States of Indonesia.

(2) In any provisional Federal Government created prior to ratification of the Constitution of the future United States of Indonesia, all states will be offered fair representation.

(3) Prior to dissolution of the Committee of Good Offices either party may request that the services of the Committee be continued to assist in adjusting differences between the parties which relate to political agreement and which may arise during the interim period. The other party will interpose no objection to such a request; this request would be brought to the attention of the Security Council of the United Nations by the Netherlands Government.

(4) Within a period of no less than 6 months or more than one year from the signing of this agreement a plebiscite will be held to determine by populations of various territories of Java, Madura and Sumatra the wish of their territory to form part of the Republic of Indonesia or of another state within the United States of Indonesia, such plebiscite to be conducted under observation by the Committee of Good Offices should either party in accordance with the procedure set forth in para. 3 above request the services of the Committee in this capacity. The parties may agree that another method for ascertaining the will of the populations may be employed in place of the plebiscite.

(5) Following the delineation of states in accordance with the procedure set forth in para. 4 above, a constitutional convention will be convened through democratic procedures to draft a Constitution for the United States of Indonesia. Representation of various states in the convention will be in proportion to their populations.

(6) Should any state decide not to ratify the Constitution and desire in accordance with articles 3 and 4 of the Linggadjati agreement to negotiate a special relationship with the United States of Indonesia and the Kingdom of the Netherlands, neither party will object.

1 Documents 7 and 8.

[AA:A1838, 403/3/1/1, xiv]