144 Burton to Department of External Affairs

Cablegram 74 NEW DELHI, 22 January 1949, 11.55 p.m.

IMMEDIATE

My immediately preceding telegram. [1] Following are texts of three Resolutions:

Resolution 1. This Conference of Representatives of the Governments of Afghanistan, Australia, Burma, Ceylon, Egypt, Ethiopia, India, Iran, Iraq, Lebanon, Pakistan, Philippines, Saudi Arabia, Syria and Yemen, affirming their support of the purposes and principles of the United Nations and the obligation of all member States to accept and carry out the decisions of the Security Council in accordance with the Charter, having considered the situation in Indonesia in the light of all available data and in particular the reports submitted by the Good Offices Committee of the Security Council, being of opinion that the Dutch Military action launched on the 18th December, 1948, constitutes a flagrant breach of the Charter of the United Nations and defiance of the efforts of the Security Council and its Good Offices Committee to bring about a peaceful settlement, noting that the Netherlands authorities have failed to give full effect to the Resolutions [2] of the Security Council adopted after that date, finding that this action is directed against the very existence of the Republican Government which the Security Council and several Member Governments of the United Nations including the Netherlands Government itself, have recognised, conscious of the danger to the peace of South East Asia and of the World through the continuance of hostilities in Indonesia, recognising that the People of Indonesia are entitled according to the principles of the Charter to independence and the exercise of full sovereign rights, recognising further that the maintenance of international peace and security and the development of friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples constitute the high and steadfast purpose of the United Nations, firmly convinced that the Security Council is properly seized of the Indonesian question as a breach of the peace and an act of aggression under Article 39 of the United Nations Charter, recommends to the Security Council of the United Nations:-

(a) (1) That members of the Republican Government, other Republican leaders and all political prisoners in Indonesia be immediately restored to complete freedom.

(2) That the Republican Government be enabled to function freely and to this end (i) The residency of Jogjakarta be handed back immediately to the Republic and the Netherlands Authorities refrain from taking any action that may interfere with the effective functioning of the Government of the Republic, that Government should also have facilities for communication and freedom of consultation throughout Indonesia.

(ii) Such areas of the Islands of Java, Sumatra and Madura as were held by the Government of the Republic on the 18th December, 1948, be restored to the Republic not later than the 15th March, 1949.

(iii) Dutch Forces be withdrawn- (a) Immediately from the residency of Jogjakarta, and, (b) Progressively from the rest of the Republican territory mentioned in (ii). Such withdrawal to be effected in stages and under conditions to be prescribed by the Good Offices Committee or any other Body to be appointed by the Security Council and to be completed not later than the 15th March, 1949.

(iv) All restrictions imposed by the Netherlands Authorities on the trade of the Republic be immediately removed.

(v) Pending the formation of the Interim Government referred to in (3) the Republican Government be afforded all facilities for communication with the outside World.

(3) That an Interim Government, composed of representatives of the Republic and representatives of territories in Indonesia, other than those under the authority of the Republic commanding the confidence of the Indonesian people, be formed not later than 15th March, 1949, with the approval and assistance of the Good Offices Committee or any other body that may be appointed by the Security Council. Pending the result of the deliberations of the Constituent Assembly referred to in paragraph (6) below, no new Regional Governments shall be formed or recognised.

(4) That subject to the provisions of paragraph (5) such Interim Government shall enjoy full powers of Government including control over its armed forces. To ensure this all Dutch troops shall be withdrawn from the whole of Indonesia on a date to be determined by the Good Offices Committee or any other body appointed by the Security Council. Pending such withdrawal Dutch Forces shall not be used for the maintenance of law and order except at the request of the Interim Government and with the approval of the Good Offices Committee, or any other body that may be appointed by the Security Council.

(5) That the Interim Government shall have such freedom in external affairs as may be determined in consultation with the Interim Government and the Netherlands Authorities by the Good Offices Committee or any other body that may be appointed by the Security Council.

(6) That elections for the Constituent Assembly of Indonesia be completed by 1st October, 1949.

(7) That power over the whole of Indonesia be completely transferred by the 1st January, 1950, to the United States of Indonesia whose relationship with the Netherlands shall be settled by negotiation between the Governments of the United States of Indonesia and of the Netherlands.

(8) That the Good Offices Committee or any other body appointed by the Security Council be given authority to secure the application of the foregoing recommendations under the supervision of the Security Council to whom it shall report as frequently as may be necessary.

(b) That in the event of either party to the dispute not complying with the recommendations of the Security Council, the Council shall take effective action under the wide powers conferred upon it by the Charter to enforce the said recommendations. Member states of the United Nations represented at this Conference pledge their full support to the Council in the application of any of these measures, that the Security Council be pleased to report for consideration by the United Nations General Assembly at its adjourned session commencing in April, 1949, the measures taken or recommended by the Council for a solution of the Indonesian problem and the action taken by the parties concerned to give effect to these measures.

Resolution 2. In order to ensure close co-operation among themselves on matters dealt with in Resolution 1, this Conference recommends to the participating Governments, whether Member States of the United Nations or not- (a) That they keep in touch with one another through normal Diplomatic channels.

(b) That they instruct their representatives at the headquarters of the United Nations or their Diplomatic Representatives to consult among themselves.

Resolution 3. This Conference expressed the opinion that participating Governments should consult among themselves in order to explore ways and means of establishing suitable machinery, having regard to the areas concerned for the purpose of promoting consultation within the framework of the United Nations.

1 Document 143/ 2 See notes 3 and 4 to Document 31.

[AA : A1838, 854/10/4/5]