501.BC Indonesia/4–248: Telegram
The Consul General at Batavia (Livengood) to the Secretary of State 1
confidential
Batavia, April
2, 1948—11 a. m.
259. Gocus 209. Following is summary Indonesian delegation’s working paper on outlines union (Deptel 125, March 262). Structure of union should be essentially as follows:
- 1.
- Both members of union are to be equal sovereign independent states, members of UN.
- 2.
- (a) Union to be created for promotion of common interests of Netherlands and Indonesia. (b) Common interests shall be deemed to be cooperation foreign relations and defence, and so far as necessary, matters financial, economic and cultural character.
- 3.
- (a) Head of union shall be Netherlands King. Head of union can do no wrong. (b) Acting in name of head of union, executive organs of union are responsible to respective parliaments.
- 4.
- (a) Governments of USI and Netherlands will act as executive organs of union. (b) To promote cooperation between two governments in pursuance of interests of union, one or more ministers of each cabinet or their deputies shall meet at fixed times as representatives of their respective governments, to discuss and prepare decisions of union. (c) Decisions of union organs are not binding on citizens of union members until such decisions have been approved by respective parliaments and announced in accordance procedure highest laws of each country. When thus announced, union decisions have strength equal to federal laws in USI.
- 5.
- Under supervision both governments there shall be created permanent or ad hoc joint official organs of union under direction of officer of union. Formation of personnel of official organs shall be such that if director should be Netherlands subject, deputy shall be USI citizen or vice versa.
- 6.
- For promotion of interests of USI in Netherlands and vice versa, high commissioners shall be appointed by respective governments.
- 7.
- Union statute shall be drawn up by conference between representatives of USI and Netherlands. Statute comes into effect after approval by respective parliaments.
- 8.
- Union court shall be established for settlement of disputes between members of union. Half of members of union court shall be USI citizens, remainder Netherlands. In case disputes, chairman of foreign nationality shall be chosen basis discussions two governments. If discussions unsuccessful, choice shall be made by president of International Court Justice. Chairman of union court shall have decisive vote.
- 9.
- Not necessary that USI constitution comes into operation at same moment as union statute. More logical that Netherlands first hand over sovereignty to USI and that establishment of union of members of equal status follow. USI shall be established January 1, 1949. No objection to establishment of union that date following immediately upon establishment USI.
Livengood