86 Australian Delegation, United Nations, to Department of External Affairs

Cablegram UN24 NEW YORK, 14 January 1949, 11.15 p.m.

IMMEDIATE

INDONESIA

The following is text of U.S. preliminary draft resolution referred to in my telegram 13. [1] This has been given to us for 'consultative' purposes and U.S. state they do not intend to table today. Please see also our following telegram.

The Security Council recalling its resolution of 1st August, 1947, 25th August 1947 and 1st November 1947 [2], with respect to Indonesia question; taking note with approval reports submitted to Security Council by its Committee of Good Offices for Indonesia;

considering its resolution of 24th December, 1948 and 28th December 1948 [3], have not been complied with; considering the maintenance of Netherlands Forces in continued occupation throughout Republic of Indonesia is incompatible with final achievement of a just and lasting settlement on Indonesian dispute; noting parties continue to adhere to principles and procedures of Renville agreement [4] and agree that free and democratic elections should be held throughout Indonesia for purpose of establishing a Constituent Assembly at the earliest practicable date and further agree that Security Council should arrange observation of such elections by an appropriate agency of United Nations, and that representative of the Netherlands has declared his Government desires to have such elections held not later than.....; noting that Government of Netherlands has declared its intention to transfer Sovereignty to United States of Indonesia not later than.....; conscious of its primary responsibility for maintenance of international peace and security, and in order that rights, claims and position of parties may not be prejudiced by use of force.

(1). Calls upon Government of Netherlands to ensure the immediate discontinuance of military operations and calls upon Government of the Republic simultaneously to instruct its forces to co-operate in restoration of peace throughout areas affected;

(2). Calls upon Government of Netherlands to release immediately and unconditionally all political prisoners arrested by them since 17th December, 1948, in Republic of Indonesia, and to permit officials of the Government of the Republic of Indonesia [to] return [at] once to Djokjakarta in order that they may discharge their responsibilities under paragraph 1 above. And in order to exercise their appropriate functions in full freedom, including the administration of the city of Djokjakarta, Netherlands authorities shall afford the Government of the Republic of Indonesia such facilities as may reasonably be required by that Government for its effective functioning in Djokjakarta, and for communication and consultation with all persons in Indonesia;

(3). Recommends that, in the interest of carrying out expressed objectives and desire of both parties to establish a Federal, Independent and Sovereign United States of Indonesia at earliest possible date, negotiations be undertaken as soon as possible by representatives of the Government of the Netherlands and representatives of the Republic of Indonesia, with assistance, and under auspices of Commission referred to in paragraph 4 below in accordance with procedure and principle set forth in Linggadjati [5] and Renville Agreements, and on basis of proposals [6] submitted to the parties by United States representatives on the Committee of Good Offices, on 10th September, 1948, and particularly:-

(a). That establishment of Federal Government which is to be granted powers of internal Government in Indonesia during Interim period before transfer of Sovereignty shall be result of negotiations under auspices of Committee and not later than 15th March, 1949, provided if no agreement has been reached by 1st March, 1949, Commission shall immediately report to Security Council with its recommendations for solution of difficulty.

(b). That elections which are to be held for the purpose of choosing representatives to an Indonesia constituent assembly should be completed by 1st October, 1949 and (c). That transfer of Sovereignty over Indonesia by Government of Netherlands to United States of Indonesia should take place not later than 1st April, 1950.

(4). Suspends temporarily the activities of Consular Commission and transfers all its functions and services of its military assistance for the present to Good Offices Committee which shall henceforth be known as United Nations Commission for Indonesia.

Commission shall act as the representative of the Security Council in Indonesia, and shall have all the functions assigned to the Good Offices Commission by Security Council since 18th December, the functions conferred on it by terms of this resolution and such other functions as Council herewith may assign to it. Commission shall act by majority vote.

Commission shall assist parties in the implementation of this resolution and shall assist parties in negotiations to be undertaken under paragraph 3 above, and is authorised to make recommendations to them or to Security Council with respect to any of its functions. Upon agreement being reached in such negotiations, the Commission shall make recommendations to Security Council as to the nature, power, and functions of United Nations agency which should remain in Indonesia to assist implementation of provisions of such agreement until sovereignty is transferred by Government of the Netherlands and to the United States.

Commission, or such other United Nations agency as may be established in accordance with its recommendations under preceding paragraph, is authorised to observe, on behalf of Security Council, elections to be held throughout Indonesia and to make recommendations regarding conditions necessary to ensure that such elections are free and democratic, and to guarantee freedom of assembly, speech and publication at all times, provided that such guarantee is not construed so as to include advocacy of violence or reprisals.

Commission shall determine extent to which, consistent with reasonable requirements of public security, areas in Java, Sumatra, and Madura (outside of City of Djokjakarta) should be progressively returned to administration of Government of Republic of Indonesia; and shall supervise such transfer. Commission shall determine which, if any, Netherlands forces shall be retained temporarily in any areas in order to assist in maintenance of law and order.

Commission shall render periodic reports to the Council and spontaneous reports whenever Commission deems necessary.

(5). Requests Secretary General to make available to Commission such staff, funds, other facilities as are required by Commission for discharge of its functions.

(6). Calls upon Government of Netherlands and Republic of Indonesia to co-operate fully in giving effect to provisions of this resolution.

1 Document 72.

2 On 1 August 1947 the Security Council called on the Netherlands and the Republic of Indonesia to cease hostilities and settle their dispute by peaceful means; on 25 August 1947 the Security Council voted to set up a Committee of Good Offices to assist in the settlement of the dispute; and on 1 November 1947 the Security Council called on the parties to consult with each other to implement the cease-fire resolution of 1 August, either directly or through the Committee of Good Offices.

3 See notes 3 and 4 to Document 31.

4 Documents 22, 23 and 24 in Volume XIII.

5 The text of the Linggadjati Agreement, signed by Delegates of the Governments of the Kingdom of the Netherlands and the Republic of Indonesia on 25 March 1947, is given in Volume XI, Appendix I.

6 See Documents 237 and 238 in Volume XIII.

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