501.BC Indonesia/3–3148: Telegram
The Consul General at Batavia (Livengood) to the Secretary of State
confidential
Batavia, March
31, 1948—6 p. m.
254. Gocus 206. Following is summary Netherlands delegation’s provisional views main aspects federal structure USI expressed in second working paper mentioned Gocus 186, March 18.
- 1.
- According 11th of 12 and 1st of 6 additional principles, USI shall be sovereign democratic state on federal basis.
- 2.
- According principles underlying Linggadjati, participation and formation of, and membership in, USI shall be open to any territory in NEI whose population by democratic procedure expresses desire to this effect. This does not affect possibility that future status of any territory whose inhabitants must be considered yet incapable expressing will by democratic procedure will be otherwise determined.
- 3.
- Netherlands delegation trusts Indonesian delegation will agree
that USI constitution will
contain among other things elaboration of following principles:
- (a)
- Right of self-determination and self-government of peoples of Indonesia;
- (b)
- USI will by its governmental organs promote interests of member states and all matters pertaining to mutual relations of member states;
- (c)
- In constitution, powers of USI and of member states will in principle be so divided that powers of USI will comprise management of matters pertaining to foreign relations and defense, of main economic and financial problems, of all other matters coming within sphere of union and all matters concerning relations between member states. Powers of USI will further comprise management of such matters, to be further specified in constitution, as can only be dealt with within sphere of federation;
- (d)
- Safeguarding of rights of minorities;
- (e)
- Safeguarding of fundamental human rights and freedoms mentioned in UN charter;
- (f)
- Assurance of sound financial and economic bases;
- (g)
- Institution of common Indonesian citizenship with due regard to mutual exercise of citizenship by Netherlands and Indonesian nationals to be further defined in statute of union.
- 4.
- USI constitution must contain safeguards for proper administration justice by independent judicature through Federal Court of Justice. Without prejudice to provisions to be made this point in union statute, Federal Court of Justice will insure observance of constitution; among other things court of justice might settle disputes between member states and disputes to be further specified to which a member state is a party.
- 5.
- According 7th of 12 principles and 5th of 6 additional principles, USI constitution will be drafted by Constituent Assembly with proportional representation by democratically nominated representatives of future USI partners. Representatives of minorities will be members of Constituent Assembly. According to 6th additional principle, future member state that decides not to ratify constitution will be able to acquire special relationship to Netherlands and to USI. USI constitution comes into operation at same moment as does statute of union.
- 6.
- Constitution of USI member states shall contain no provisions contrary to principles of statute of union and USI constitution.
Summary working papers mentioned Deptel 125, March 261 will follow in subsequent telegrams. Full texts working papers being airmailed Department soonest.
Department pass Hague.2
Livengood