138 Burton to Department of External Affairs

Cablegram 71 NEW DELHI, 21 January 1949, 11.16 p.m.

MOST IMMEDIATE

My immediately preceding telegram. [1]

Text begins.

Resolution 1.

This Conference of representatives of Governments of Afghanistan etc., affirms their support of purposes and principles of United Nations and obligations of all member states to accept its decision; having considered the situation in Indonesia in the light of all available data and in particular the reports submitted by G.O.C. of the Security Council; finding that the Dutch military action launched December 18th, 1948, constitutes a flagrant breach of the Charter of the United Nations and a violation of the efforts of the Security Council and its G.O.C. to bring about a peaceful settlement; noting that the Netherlands authorities have failed to give full effect to the resolution [2] of the Security Council adopted after that date; finding further that this action is directed against the very existence of the Republican Government which the Security Council, several member Governments of the United Nations including the Netherlands Government itself have recognised; conscious of the danger to the peace of South East Asia and of the world through the continuance of hostilities in Indonesia, sympathise in full with aspirations of the Indonesian people to attain their independence; recognise preservation of peace and promotion of democratic freedom constituting high and steadfast purpose of United Nations; firmly convinced Security Council is rightfully seized of situation under art 39 [3] of the United Nations Charter; recommends to Security Council, United Nations:

A(1). That members of Republican Government and other Republican leaders in Indonesia should be immediately restored to complete freedom;

(2). That Republican Government should be enabled to function freely and to this end (i). the Residency of Jogjakarta should be handed back immediately to the Republic. The Netherlands authorities should afford the Government of the Republic such facilities as may reasonably be required by that Government for its effective functioning in this area and for communication with and consultation with all persons in Indonesia.

(ii). such areas [of] islands of Java, Sumatra, Madura as were held by Government of the Republic on December 18th, 1948, should be restored to Republic not later than March 15th.

(iii). Dutch forces should be withdrawn:

(a). Immediately from residency of Jogjakarta and (b). Progressively from rest of Republican territory mentioned in (ii) such withdrawal to be effected in stages and under conditions to be prescribed by G.O.C. or any other body to be appointed by Security Council and to be completed not later than 15th March, 1949; Republican force should similarly be withdrawn from any new territory which [they] [4] may have occupied after December 18th.

(iv). All restrictions on trade imposed by Netherlands authorities on trade of Republic should be immediately removed, (v). Pending formation of interim Government referred to in (3) The Republican Government should have full facilities for communication with outside world.

(3). That an Interim Government composed of Indonesians representative of the Republic and of the authority of Republic and commanding the confidence of the Indonesian people, should be formed not later than Mach 15th, 1949, with the approval and assistance of the G.O.C. or any other body that may be appointed by the Security Council. In order that the formation of a United States of Indonesia should be in conformity with the will of the Indonesian people the G.O.C. shall not permit the formation of any new regional Government.

(4). That such Interim Government should enjoy full powers of internal Government including control over its armed forces. To ensure this all the Dutch troops should be withdrawn from the whole of Indonesia on a date to be determined by the G.O.C. or other body appointed by the Security Council. Pending such withdrawal Dutch should not be used for maintenance of law and order except at the request of the Interim Government and with the approval of the G.O.C. or any other body that may be appointed by the Security Council.

(5). The Interim Government should have such freedom in external affairs as may be determined in consultation with the Interim Government and the Netherlands authorities, G.O.C. or any other body that may be appointed by the Security Council.

(6). That elections for a constituent assembly of Indonesia be completed by October 1st, 1949.

(7). That powers over these territories should be completely transferred by January 1st, 1950, to the United States of Indonesia whose relationship with the Netherlands should be settled by negotiations between the Governments of the United States of Indonesia and of the Netherlands.

(8). That the G.O.C. or any other body appointed by the Security Council be given authority to secure the application of the foregoing recommendations under the supervision of the Security Council, to whom it should report as frequently as may be necessary.

(b). In the event of either party to the dispute not complying with recommendations of Security Council the Council should take effective action under the wide powers conferred upon it by the Charter, to enforce the said recommendations. The member States of U.N. represented at this Conference pledge their full support to the Council in the application of these measures.

Resolution 2.

In order to ensure close co-operation amongst themselves on matters dealt with in this resolution (and on other matters of common interest) this Conference recommends to participating Governments whether member states of United Nations or not (a). That they should instruct their representatives at Headquarters of United Nations, or their diplomatic representatives to consult amongst themselves.

(b). That they should keep in touch with one another through normal diplomatic channels.

(c) That a [small] secretariat be set up in [blank] to follow up the work of this Conference.

(Comment. There is strong possibility of (c) being deleted when [blank] is being filled in).

Resolution 3.

The Conference recommends that member states of the United Nations represented at the Conference should request Secretary-General of the United Nations to place Indonesian problems on the agenda of the United Nations assembly, commencing in April, 1949.

(Comment. This resolution has not been discussed. Some feeling exists that such a resolution will offend members of the Council and prejudice response to foregoing resolution.) Resolution regarding economic assistance to Indonesia will not be accepted.

1 Document 137.

2 See note 3 to Document 31.

3 Article 39 of the UN Charter states that the 'Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security'.

4 Text in square brackets in this document inserted from a copy on file A5009/2,A7/3/13,ii.

[AA : A1838, 854/10/4/5]