491 Critchley to Department of External Affairs

Cablegram C14 THE HAGUE, 19 September 1949, 6.14 p.m.

RESTRICTED

In informal Steering Committee discussions on the Statute of the Union this weekend provisional agreement was reached on all points but one. The leaders are continuing to discuss the remaining issue-the Netherlands proposal that a head of the Union should have the power to take decisions on the recommendation of the Conference. They are consulting their Delegations on the results of the week-end.

2. The points set out in paragraph 4 of my C13 [1] having been accepted, the discussions were confined to three main topics. The compromise texts to be included in the Statute on these main topics be [2] summarised below as the character of the Union (particularly whether the Union Statute and subsequent agreements of the Conference are to be described as international Treaties.) 1. 'The Statute has the same force as an International Treaty and shall be presented for registration to the Secretariat of the United Nations.' 2. 'The main regulations and other agreements may be registered with the United Nations in accordance with article 102 [3] of the United Nations Charter.' The Interparliamentary Conference The Indonesian Delegation is to choose between three texts each of which is acceptable to the Netherlands Delegation.

1. The Parliaments of both partners may as often as they deem necessary hold an Interparliamentary Conference at their own initiative or on the initiative of the Conference to discuss matters which affect the interests of the Union.

2. The Union partners shall 'realise good contact and regular co- operation' between their respective Parliaments.

3. The Parliaments of the Union partners shall 'realise good contact and regular co-operation'.

To each text there is a final sentence reading 'the initial meeting of Representatives from the Parliaments shall take place within eight months from the date of the institution of the provisional Parliament of the Republic of United Indonesia'.

Head of the Union 1. 'The Head of the Union symbolises and personifies the voluntary and lasting co-operation between the Union partners.' 2. Regarding ratification by the Head of the Union decisions on agreements reached by the Conference will be taken by both Parliaments; after a statement by the Head of the Union that agreement exists between the two Union partners, the joint regulations will be promulgated in the respective Official Gazettes and become law.

3. The Union Court of Arbitration will consist of six judges three from each partner. Decisions will be taken by majority vote. The Judges shall be appointed for 20 years and shall in any case resign after having reached the age of 65. The members of the court will be appointed by the respective Governments and the appointments shall be 'affirmed' by the Head of the Union. (The question of whether 'Affirmed' is the correct word is still being considered. The Indonesians insist that the word chosen be weak so that the Queen will be obliged to accept the respective appointments.)

1 Document 490.

2 The word 'be' should presumably read 'are'.

3 Article 102 of the UN Charter states that treaties entered into by members of the United Nations come into force after being registered with and publishing by the UN Secretariat until which time they may not be invoked before any organ of the United Nations.

[AA : A1838, 854/10/4/3, vi]