350 Minute for Burton

CANBERRA, 25 September 1947

AGREEMENT [1]

The Netherlands Government represented by ..........., and the Government of the Republic of Indonesia represented by ........., Moved by a sincere desire to ensure good relations between the peoples of the Netherlands and Indonesia in new forms of voluntary co-operation which offer the best guarantee for a sound and strong development of both countries in the future and which make possible a new foundation of the relationship between the two peoples, Agree as follows:

1.(a) The Netherlands Government recognises the independence of the Republic of Indonesia consisting of Java, Madura and Sumatra, and surrenders its existing jurisdiction and sovereignty thereover;

(b) The areas specified by the declaration of the Lieutenant Governor-General dated 29th August, 1947 [2], as being under Netherlands control shall be restored through mutual co-operation to the control of the Government of the Republic; such restoration of the area[s] [3] which were under the control of the Government of the Republic on 20th July, 1947, shall be effected not later than three months f[rom] the ratification of this Agreement and restoration of all other [areas] concerned shall be effected not later than 1st January, 1949.

2. The Netherlands Government shall at the request of the G[overnment] of the Republic forthwith take such steps as are necessary [for] the admission of the Republic as a member of the United Nat[ions] Organization.

3. Relations between the Republic on the one hand and, on t[he other] hand, the Kingdom of the Netherlands and any State or Sta[tes which] may be created as the result of a rearrangement of the r[elations between] the Netherlands and any of its overseas territories, sh[all be] determined by subsequent agreement between the Republic and th[e] Kingdom of the Netherlands and such States, as the case may be.

4. The diplomatic representatives of each of the High Contracting Parties shall enjoy in the territories of the other the privileges and immunities flowing from generally recognised international law and usage. The consular representatives of each country, duly provided with exequaturs, shall be permitted to reside in the territories of the other, and shall enjoy the privileges and immunities accorded to such officers by general international usage, and shall not be treated in a manner less favourable than similar officers of any other foreign country.

5. The Republic of Indonesia hereby assumes responsibility for all debts and liabilities of the Government of the Netherlands Indies existing on 28th February, 1942.

6. The Government of the Republic recognises the claims of all non-Indonesians to the restoration of their property rights and to the restoration of their goods, so far as these exist in the territory of the Republic. The property and personal rights of the nationals of each of the High Contracting Parties in the territory of the other shall be recognised and protected to the same extent as each of the High Contracting Parties protects such rights of its own nationals in its own territory.

7. Both parties undertake to safeguard in their territories the fundamental human rights and liberties referred to in the Charter of the United Nations.

8. Each party undertakes to declare and give effect to a full and complete amnesty covering all acts or omissions of its nationals relating to the hitherto existing political differences between the High Contracting Parties.

9. It is understood and agreed by the High Contracting Parties that this Treaty is for the purpose of recognising the independence of the Republic and for the maintenance of close and harmonious relations between the two Governments.

It is understood and agreed that this Treaty does not attempt to regulate the details of arrangements between the two Governments for their mutual defence; for the establishment, termination or regulation of the rights and duties of the two countries, each with respect to the other, in the settlement of claims, as to the ownership or control of real or personal property, or as to the carrying out of provisions of law of either country; or for the settlement of rights or claims of citizens or corporations of either country, or for the settlement of rights or claims of citizens or corporations of either country with respect to or against the other.

10. This Treaty shall be submitted for ratification in accordance with the constitutional procedures of each Party; instruments of Ratification shall be exchanged and deposited in the archives of the United Nations Organization.

This Treaty shall come into force on the exchange of Instruments of Ratification.

1 Prepared in the Department of External Affairs on Burton's instruction, this draft agreement between the Netherlands and Indonesian Governments draws on the texts of the Linggadjati Agreement and the United States-Philippines Treaty of 1946 (see Documents 345 and 349).

2 See Document 316, note 2.

3 Letters and words in square brackets have been added where the original text has been lost as a result of damage to the only copy located.

[AA:A1838/274, 854/10/4/2, i]