501.BC Indonesia/1–1749: Telegram

The Acting United States Representative at the United Nations (Jessup) to the Acting Secretary of State 1

secret   us urgent

56. The following is our revised draft of a resolution on Indonesia which takes into account, insofar as possible, the views of other delegations consulted by us, and in particular Norway, Cuba, and China. We believe the latter three delegations would join the US in sponsoring such a resolution.

“The Security Council,

Recalling its resolutions of 1 August 1947, 25 August 1947, and 1 November 1947, with respect to the Indonesian question;

Taking note with approval of the reports submitted to the Security Council by its Committee of Good Offices for Indonesia;

Considering that its resolutions of 24 December 1948, and 28 December 1948, have not been fully carried out;

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Considering that the maintenance of Netherlands forces in continued occupation throughout the territory of the Republic of Indonesia, without the consent of the latter, is incompatible with the restoration of good relations between the parties and with the final achievement of a just and lasting settlement of the Indonesian dispute;

Noting with satisfaction that the parties continue to adhere to the principles of the Renville agreement and agree that free and democratic elections should be held throughout Indonesia for the purpose of establishing a constituent assembly at the earliest practicable date, and further agree that the Security Council should arrange for the observation of such elections by an appropriate agency of the United Nations; and that the representative of the Netherlands has expressed his government’s desire to have such elections held not later than October 1, 1949;

Noting also with satisfaction that the Government of the Netherlands plans to transfer sovereignty to the United States of Indonesia by January 1, 1950, if possible, and, in any case, during the year 1950;

Conscious of its primary responsibility for the maintenance of international peace and security, and in order that the rights, claims and position of the parties may not be prejudiced by the use of force;

(1) Calls upon the Government of the Netherlands to insure the immediate discontinuance of military operations, and calls upon the Government of the Republic simultaneously to instruct its forces to cooperate in the restoration of peace and the maintenance of law and order throughout the area affected.

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

(3) Recommends that, in the interest of carrying out the expressed objectives and desires of both parties to establish a federal, independent, and sovereign United State of Indonesia at the earliest possible date, negotiations be undertaken as soon as possible by representatives of the government of the Netherlands and representative[s] of the Republic of Indonesia with the assistance of the commission referred to in Paragraph 4 below on the basis of the principles set forth in the Linggadjatti and Renville agreements, and taking advantage of the extent of agreement reached between the parties regarding the proposals submitted to them by the United States representative on the Committee of Good Offices on September 10, 1948; and, in particular, on the basis that:

(a)
The establishment of the Interim Federal Government which is to be granted the powers of internal government in Indonesia [Page 165]during the interim period before the transfer of sovereignty shall be the result of the negotiations and shall take place not later than March 15, 1949; provided that if no agreement is reached by March 1, 1949, the commission shall immediately report to the Security Council with its recommendations for a solution of the difficulties;
(b)
The elections which are to be held for the purpose of choosing representatives to an Indonesian Constituent Assembly should be completed by October 1, 1949; and
(c)
The transfer of sovereignty over Indonesia by the Government of the Netherlands to the United States of Indonesia should take place on a date in the year 1950 to be fixed by the Netherlands Government before January 1, 1950; provided that if no agreement on the terms for the Netherlands-Indonesian union is reached by February 1, 1950, the commission or such other United Nations agency as may be established in accordance with its recommendations under Paragraph 4 below shall immediately report to the SC with its recommendations for a solution of the difficulties.

(4) The Good Offices Committee shall henceforth be known as the United Nations Commission for Indonesia. The commission shall act as the representative of the Security Council in Indonesia and shall have all of the functions assigned to the Good Offices Committee by the Security Council since December 18, and the functions conferred on it by the terms of this resolution. The commission shall act by majority vote. Its reports and recommendations to the Security Council shall present both majority and minority views if there is a difference of opinion among the members of the commission.

The consular commission is requested to facilitate the work of the United Nations Commission for Indonesia by providing military observers and other staff and facilities to enable the commission to carry out its duties under the council’s resolutions of 24 and 28 December 1948 as well as under the present resolution, and shall temporarily suspend other activities.

The commission shall assist the parties in the implementation of this resolution, and shall assist the parties in the negotiations to be undertaken under Paragraph 3 above and is authorized to make recommendations to them or to the Security Council on matters within its competence. Upon agreement being reached in such negotiations the commission shall make recommendations to the Security Council as to the nature, powers, and functions of the United Nations agency which should remain in Indonesia to assist in the implementation of the provisions of such agreement until sovereignty is transferred by the government of the Netherlands to the United States of Indonesia.

The commission shall have authority to consult with representatives of areas in Indonesia other than the Republic, and representatives of such areas shall be permitted to participate in the negotiations referred to in Paragraph 3 above.

The commission or such other United Nations agency as may be established in accordance with its recommendation under the second preceding paragraph is authorized to observe on behalf of the United [Page 166]Nations the elections to be held throughout Indonesia and to make recommendations regarding the 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 the advocacy of violence or reprisals.

The commission shall, after consultation with the parties, recommend the extent to which, consistent with reasonable requirements of public security and the protection of life and property, areas in Java, Sumatra and Madura (outside of the city of Jogjakarta) should be progressively returned to the civil administration of the government of the Republic of Indonesia, and shall supervise such transfer. The commission shall, after consultation with the parties, recommend which if any Netherlands forces shall be retained temporarily in any area in order to assist in the maintenance of law and order. If either of the parties fails to accept the recommendations of the commission mentioned in this paragraph, the commission shall report immediately to the Security Council with its further recommendations for a solution of the difficulties.

The commission shall render periodic reports to the council, and special reports whenever the commission deems necessary.

The commission shall employ such observers, officers and other persons as it deems necessary.

(5) Requests the Secretary-General to make available to the commission such staff, funds and other facilities [as] are required by the commission for the discharge of its functions.

(6) Calls upon the government of the Netherlands and the Republic of Indonesia to cooperate fully in giving effect to the provisions of this resolution.”

Jessup
  1. Repeated in telegram 43, January 18, 8 p. m., to The Hague.