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195 Press Statement

CANBERRA, 30 July 1947, [7 p.m.] [1]

INDONESIAN SITUATION

The Prime Minister announced today that the Australian Government
had instructed its representative on the Security Council to draw
the attention of the Security Council to the situation in
Indonesia under Article 39 of the United Nations Charter.

Australia takes this action ten days after hostilities commenced
in Indonesia, because, in accordance with Article 33 of the
Charter, the parties to any dispute are obliged first of all to
seek a solution by negotiation or mediation. Strenuous attempts
have been made, in consultation with other Governments,
particularly the United Kingdom, United States, and India, to
bring about a solution in this way. However, it is felt that
further delay is not justified because of the loss of life being
sustained.

The policy Australia has adopted in the past disputes has been to
urge an investigation under Article 34 of the Charter before any
decisions are reached. However, the situation in Indonesia differs
from any previously brought before the Security Council.

Hostilities are being carried on. Investigation is not required to
establish the crucial fact, and, before the Security Council
determines further action, it is essential that hostilities cease.

For this reason, Australia has drawn the attention of the Security
Council to the situation under Article 39 of the Charter and
thereby gives power to the Security Council immediately to order
the cessation of hostilities, and subsequently to take such
further steps as are necessary to restore peace.

This is the first time in the history of the Security Council that
this Article has been invoked, and it is the hope of the
Government in taking this action that, not only will hostilities
cease, but that the Security Council will prove its worth in
dealing quickly and effectively with a situation of this kind.

In making this move, Australia still maintains the judicial
attitude which it has always maintained in considering any
situation before the Security Council. No attempt will be made to
pre-judge the issue, and discussion of merits of the case will be
avoided. The Australian representative will ask first that the
necessary steps be taken to terminate hostilities, and, second,
without discussing the merits of the situation, that both parties
act upon Article 17 of the Linggadjati Agreement, which
specifically provides that, in the event of disagreement between
the two parties arising out of the Linggadjati Agreement, a third
party will be asked to arbitrate, or, failing that, the matter
should be referred to the Chief Justice of the International
Court.

It will be seen, therefore, that, if the Australian proposal is
given effect to without delay or debate on procedural issues, and
if it is readily admitted by the Security Council that the
situation is one within its jurisdiction, there should be good
prospect of an immediate cessation of hostilities, and an
immediate negotiation between the two parties with the assistance
of a third party of their own choosing. Members of the Security
Council should not therefore have to arbitrate or to pass judgment
on the merits of the case.

Action along these lines can only be taken by the Security Council
if the Republican Government, not being a member of the United
Nations, undertakes to observe the obligations and duties of the
United Nations Charter, and in particular undertakes to observe
Article 25 which obliges members to carry out the decisions of the
Security Council.

The Prime Minister added that this action by Australia has been
taken after close consultations between him [and] the Minister for
External Affairs, and also after the closest consultation with the
Governments of the United Kingdom, New Zealand and India.

1 Although scheduled for release at 4 p.m., the statement was in
fact not distributed to the press until 7 p.m.


[AA:A1838/274, 854/10/4, i]
Last Updated: 11 September 2013
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