Foreign Relations of the United States, 1947, The Far East, Volume VI

501.BC/8–847: Telegram

The Secretary of State to the Acting United States Representative at the United Nations (Johnson)

confidential

Washington, August 8, 1947—7 p.m.

344. When the question of the participation of representatives of the Republic of Indonesia arises we believe you should take a position along the following lines:

1. The terms of Article 32 of the Charter apply to Members of the United Nations or “any state which is not a Member of the United Nations if it is a party to a dispute under consideration by the Security Council.”

2. It would be futile to have extended debate on the question of whether or not the Republic of Indonesia is a “state” within the meaning of Article 32. The United States expressly takes no position on that question and any invitation extended to the Republic of Indonesia would be without prejudice, as is stated in Article 40, to the rights, claims or position the parties concerned.

3. The purpose of Article 32 is quite clear; namely, that parties to a dispute which is being considered by the Security Council should have a right to be heard and to participate in the discussion relating to that dispute.

4. By its resolution of August 1 the Security Council recognized the existence of a dispute and called on the parties to settle their disputes by arbitration or by other peaceful means. Thus the Security Council has recognized not only the existence of a dispute but also that the parties to the dispute are the Netherlands on the one hand and the Republic of Indonesia on the other.

5. This recognition by the Council of the existence of a dispute and the parties to it clearly calls into play the spirit of Article 32 of the Charter. That is to say that the Security Council has a duty under the spirit of Article 32 of the Charter to permit both parties to the dispute to participate in the Security Council consideration of it.

6. The Security Council has already invited the Netherlands to participate in the Council discussion under Article 32. The United States would be willing to support an invitation to the representatives of the Republic of Indonesia also to participate under Article 32 so long as it is understood that such an invitation would not constitute a finding that the Republic of Indonesia is a “state”.

7. The United States stresses as a fundamental principle the right of a party to a dispute to be heard in the Council’s consideration of that dispute. So long as that principle is recognized it does not matter whether representatives of the Republic of Indonesia are invited under Article 32 of the Charter or under Rule 39 of the Rules of Procedure of the Security Council, but the United States does believe that each party to the dispute under basic principles of equity should have an equal opportunity to express their views before the Council.⁸⁸

Marshall

88. On August 12 the Security Council, after extensive discussion, voted to invite the representative of the Indonesian Republic to the Council table. For proceedings of this meeting, see SC, 2nd yr., pp. 1914–1944. Remarks by the Deputy U. S. Represenative on the Security Council (Johnson) are printed ibid., pp. 1931–1933.