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417 Eaton to Department of External Affairs

Cablegram 407 BATAVIA, 12 November 1947

Following document received from Judge Kirby was submitted
informally to Dutch on 7th November and is referred to in
paragraph 9 of his personal telegram to Dr. Burton [1]:

'The Committee of Good Offices at this stage considers it to be
desirable to state as clearly as possible what it considers to be
its present responsibilities regarding the Indonesian question.

There are two resolutions of the Security Council which have a
bearing on the work of the Committee. The first of these is the
resolution of 25th August 1947, under which the Security Council
expressed its readiness, if the parties so requested, to assist in
the settlement through a Committee of the Council. This offer has
been accepted by both parties and it is the Committee's conception
that, pursuant to the resolution and this basic acceptance, the
Committee will render all assistance possible to the parties in
reaching a political settlement. In this connection, the Committee
will assume any and every task devolving upon it as the result of
agreements or requests made by the parties from time to time.

Nothing the Committee may do will bind either party, except under
circumstances where two conditions are fulfilled, namely,
(1) that both parties ask that the Committee make recommendations,
and
(2) that both parties state in advance that they would regard such
recommendations as binding.

The second resolution of the Security Council is that of 1st
November 1947, calling upon the parties concerned forthwith to
consult with each other, either directly or preferably through the
Committee of Good Offices, as to the means to be employed in order
to give effect to the cease fire resolution, and pending
agreement, to cease any activities, or incitement to activities,
which contravene that resolution and to take appropriate measures
for safeguarding life and property. Under this resolution, the
Committee considers itself directed by the Council to offer its
assistance to the parties, in the absence of any direct agreement
between the parties, without awaiting a request by either party
that the Committee should offer such assistance. This indicates
that the Committee has a responsibility to take the initiative in
this regard.

Far from conceiving its assistance as having a binding character,
the Committee considers that its duties can be fulfilled only
through agreement between the parties themselves. In the unlikely
circumstances in which the parties might reject the Committee's
assistance, the Committee considers that its responsibilities to
the Security Council would be acquitted simply by reporting to the
Security Council.

It is the considered opinion of the Committee that the discussions
by the parties concerning implementation of the resolutions
regarding the cease fire and the discussions looking toward a
political settlement have a bearing on each other. It is further
the opinion of the Committee that both discussions should be
undertaken with all possible speed, as any measure of agreement
reached in either discussion will facilitate the reaching of
agreement in the other. It is believed that any insistence that
either discussion shall have reached a specified stage of
agreement before the other discussion is undertaken may easily
result in stalemate as to both. The Committee recognizes the
urgency of reaching an agreement to implement the cease fire
resolution, and pending such agreement emphasizes the importance
of ceasing any activities, or incitement to activities, which
contravene that resolution and of taking appropriate measures for
safeguarding life and property. This is a matter of days, and in
the Committee's view the parties should immediately undertake
discussions to that end either directly or through its good
offices.

The Committee calls attention to the fact that the Government of
the Republic has requested the assistance of the Committee both as
to implementation of the cease fire resolution and as to
discussions looking toward a political settlement. of course, the
assistance of this Committee would be immediately available to the
Netherlands Government, if requested.

The Committee is confident that the Netherlands Government is
prepared to exchange views, either directly or with the assistance
of the Committee, looking toward a political settlement while the
Committee of Good Offices is at the same time endeavouring to
obtain an agreement implementing the cease fire resolution.

The Committee of Good Offices would not feel justified in
requesting that a ship be put at the disposal of the parties
unless and until it is assured that both parties will make use of
its facilities as soon as the ship is available. One of the
parties has given such assurance, and assurances to that effect
from the Netherlands Government would be welcome.'

1 Document 416.


[AA:A4357/2, 48/254, i]
Last Updated: 11 September 2013
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