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124 Australian Delegation, United Nations, to Department of External Affairs

Cablegram [UN41] NEW YORK, 19 January 1949, 8.32 a.m.

IMMEDIATE

My telegram 40. [1] Following is text of revised U.S. resolution.

'The Security Council recalling its resolution of 1st August 1947,
25th August 1947 and 1st November 1947 [2] with respect to the
Indonesian question, taking note with approval of the reports
submitted to the Security Council by its Committee of Good Offices
for Indonesia, considering that its resolutions of 24th December
1948 and 28th December 1948 [3] have not been fully carried out,
considering that continued occupation of the territory of the
Republic of Indonesia by the armed forces of the Netherlands is
incompatible with the resolution of good relations between the
parties and with the final achievement of a just and lasting
settlement of the Indonesian disputes, considering that the
establishment and maintenance of law and order throughout
Indonesia is a necessary condition to the achievement of the
expressed objectives and desires of both parties, noting with
satisfaction that the parties continue to adhere to the principles
of the Renville Agreement [4] and agree that free and democratic
elections should be held throughout Indonesia for the purpose of
establishing a Constituent Assembly at the earliest practicable
date and further agree that the Security Council should arrange
for the observation of such elections by an appropriate agency of
the United Nations and that the representative of the Netherlands
has expressed his Government's desire to have such elections held
not later than October 1st 1949. Noting also with satisfaction
that the Government of the Netherlands plans to transfer
sovereignty to the United States of Indonesia by January 1st 1950
if possible and in any case during the year 1950. Conscious of its
primary responsibility for the maintenance of international peace
and security and in order that the rights, claims and positions of
the parties may not be prejudiced by the use of force.

(1) Calls upon the Government of the Netherlands to insure the
immediate discontinuance of all military operations. Calls upon
the Government of the Republic simultaneously to order its armed
adherents to cease guerilla warfare and calls upon both parties to
co-operate in the restoration of peace and the maintenance of law
and order throughout the area affected.

(2) Calls upon the Government of the Netherlands to release
immediately and unconditionally all political prisoners arrested
by them since 17th December 1948 in the Republic of Indonesia and
to permit the officials of the Government of the Republic of
Indonesia to return at once to Djokjakarta in order that they may
discharge their responsibilities under paragraph (1) above and in
order to exercise their appropriate functions in full freedom
including administration of the city of Djokjakarta the
Netherlands authorities shall afford to the Government of the
Republic of Indonesia such facilities as may reasonably be
required by that Government for its effective function in
Djokjakarta and for communication and consultation with all
persons in Indonesia.

(3) Recommends that in the interest of carrying out the expressed
objectives and desires of both parties to establish a Federal
Independent and Sovereign United States of Indonesia at the
earliest possible date, negotiations be undertaken as soon as
possible by representatives of the Government of the Netherlands
and representatives of the Republic of Indonesia with the
assistance of the Commission referred to in paragraph (4) below on
the basis of the principles set forth in the Linggadjatti [5] and
Renville Agreements and taking advantage of the extent of
agreements reached between the parties regarding the proposals
submitted to them by the United States representative on the
Committee of Good Offices on September 10th 1948 [6] and in
particular on the basis that
(A) The establishment of the Interim Federal Government which is
to be granted the powers of internal government in Indonesia
during the Interim period before the transfer of sovereignty will
be the result of the above negotiations and shall take place not
later than March 15th 1949 provided that if no agreement is
reached by March 1st 1949 the Commission referred to in paragraph
(4) below shall immediately report to the Security Council with
its recommendations for a solution of the difficulties.

(B) The elections which are to be held for the purpose of choosing
representatives to an Indonesian Constituent Assembly should be
completed by October 1st 1949 and
(C) The transfer of sovereignty over Indonesia by the Government
of the Netherlands to the United States of Indonesia should take
place at the earliest possible date and in any case not later than
1st July 1950.

(4) The Committee of Good Offices shall henceforth be known as the
United Nations Commission for Indonesia. The Commission shall act
as the representative of the Security Council in Indonesia and
shall have all of the functions assigned to the Committee of Good
Offices by the Security Council since December 16th and the
functions conferred on it by the terms of this resolution the
Commission shall act by majority vote but its reports and
recommendations to the Security Council shall present both
majority and minority views if there is a difference of opinion
among the members of the Commission. The Consular Commission is
requested to facilitate the work of the United Nations Commission
for Indonesia by providing military observers and other staff and
facilities to enable the Commission to carry out its duties under
the Council's resolutions of 24th and 28th December 1948 as well
as under the present resolution and shall temporarily suspend
other activities. The Commission shall assist the parties in the
implementation of this resolution and shall assist the parties in
the negotiations to be undertaken under paragraph (3) above and is
authorised to make recommendations to them or to the Security
Council on matters within its competence. Upon agreement being
reached in such negotiations the Commission shall make
recommendations to the Security Council as to the nature, powers
and functions of the United Nations Agency which should remain in
Indonesia to assist in the implementation of the provisions of
such agreement until sovereignty is transferred by the Government
of the Netherlands to the United States of Indonesia. The
Commission shall have authority to consult the representatives of
areas in Indonesia other than the Republic and representatives of
such areas may be permitted to participate in the negotiations
referred to in paragraph (3) above. The Commission or such other
United Nations Agency as may be established in accordance with its
recommendations under the second preceding paragraph is authorised
to observe on behalf of the United Nations the elections to be
held throughout Indonesia and to make recommendations regarding
the conditions necessary
(A) To ensure that such elections are free and democratic and
(B) To guarantee freedoms of Assembly speech and publication at
all times provided that such guarantee is not construed so as to
include the advocacy of violence or reprisals. The Commission
should assist in achieving the earliest possible restoration of
the civil administration of the Republic. To this end it shall,
after consultation with the parties, recommend the extent to which
consistent with reasonable requirements of public security and the
protection of life and property, areas controlled by the Republic
under the Renville Agreement (outside the city of Djokjakarta)
should be progressively returned to the administration of the
Government of the Republic of Indonesia and shall supervise such
transfers. The recommendations of the Commission may include
provision for the economic well being of the population of the
areas involved in such transfers. The Commission shall, after
consultation with the parties, recommend which, if any Netherlands
forces shall be retained temporarily in any area in order to
assist in the maintenance of law and order. If either of the
parties fails to accept the recommendations of the Commission
mentioned in this paragraph, the Commission shall report
immediately to the Security Council with its further
recommendations for a solution of the difficulties. The Commission
shall render periodic reports to the Council and specific reports
whenever the Commission deems necessary; the Commission shall
employ such observers, officers and other persons as it deems
necessary.

(5) Requests the Secretary-General to make available to the
Commission such staff, funds and other facilities as are required
by the Commission for the discharge of its functions.

(6) Calls upon the Government of the Netherlands and the Republic
of Indonesia to co-operate fully in giving effect to the
provisions of this resolution. [7]

1 Document 121.

2 See note 2 to Document 86.

3 See notes 3 and 4 to Document 31.

4 Document 22, 23 and 24 in Volume XIII.

5 See Appendix I in Volume XI.

6 See Document 237 and 238 in Volume XIII.

7 Punctuation in this Document has been amended with reference to
copy on file A1838,402/6/1/1,ii.


[AA : A1838, 403/2/2/2, vi b]
Last Updated: 11 September 2013
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