501.BC Indonesia/5–3148: Telegram
The Consul General at Batavia (Livengood) to the Secretary of State
446. Gocus 289. Following are highlights Netherlands delegation oral note regard pre-Federal Government:
- 1.
- As consequence sovereignty, Netherlands Government has discretionary power to regulate formation, organization, competences of Provisional Federal Government. Possible but not obligatory Netherlands Government would use power according scheme outlined this note. Not obligatory because question organization and powers Provisional Federal Government concerns whole of Indonesia.
- 2.
- Powers and responsibilities to be conferred gradually on whole complex of Provisional Federal Government i.e., government in limited sense, also pre-Federal Senate and House of Representatives.
- 3.
- Maximum powers of Provisional Government limited by (a) maintenance of Netherlands sovereignty, (b) rights of member states. Re point (a), note says “this naturally does not mean that supreme authority will fail take into serious consideration advice pre-Federal authorities as has been correlant custom in past with regard to NEI government, and it may be assumed this standard practice will be further extended wherever possible.”
- 4.
- As to organization provisional government, Netherlands delegation uses three phases: (a) After political agreement, certain secretariats to be entrusted Republic officials; (b) after delineation states, pre-Federal Senate to be formed; (c) after free elections throughout Indonesia, pre-Federal House of Representatives to be formed.
- 5.
- Upon political agreement, Republic territory to be granted status provisional Negara with powers not less than other member states. Upon delineation states as per fourth additional Renville principle, territory future member states Republic Indonesia to be precisely delimited.
- 6.
- Provisional Negara Republic Indonesia to be granted all except certain powers: (39 excepted powers are enumerated on note, beginning foreign relations, ending weights and measures, including inter alia defense, all taxation, university education, police supervision respect federally assured interests, supervision information, broadcasting and films, economic matters ranging from trade to cattle breeding insofar as related interests whole of Indonesia). Republic to transfer to Netherlands or Netherlands Indies Government all enumerated powers.
- 7.
- As long as Netherlands sovereignty maintained, Lieutenant Governor General must retain power deviate from decisions Provisional Federal Government. In such cases, Lieutenant Governor General will invariably at early date notify Provisional Federal Government of his reasons. It conceivable that, as powers of Provisional Federal Government gradually extended by Royal decree or law, criteria will be established for exercise veto power. Such criteria could be (a) interests of Kingdom of Netherlands, (b) interests whole Indonesia or particular member states, (c) interests minorities, (d) safeguarding fundamental rights. Moreover, at later state, appeal to Crown over Lieutenant Governor General “may be conceived”.
- 8.
- As already stated in NEI statute, laws should be framed in concert with Council department heads (Provisional Federal Government) until representative body formed. Here too Lieutenant Governor General may veto.
Oral note was presented Republic some time before May 18 to Vredenburch, who told us he did not wish it documented by GOC this stage (Gocus 2751), and left with USDel by Riphagen May 28.
Note, which is condescending in tone and suggests inhuman Vredenburch manner, may contain some points for bargaining purposes but appears calculated give Republic severe fright by stress laid on virtually complete powers reserved Lieutenant Governor General interim [Page 202] period and by failure give any guarantee such powers will be relaxed or any indication when sovereignty to be transferred. Extraordinary range of powers that Republic, as Negara, must surrender, raises question whether Dutch have any interest in or understanding of federal principle and gives some weight to Republic charge that “assertion that Indos split in two camps, Federalists and Unitarians, has no basis whatever and only tends mislead world opinion.”
Full text follows air pouch.2 Department pass Hague.3