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Historical documents

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]
Last Updated: 11 September 2013
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