Security Council Document S/1234 NEW YORK, 28 January 1949

RESOLUTION ON THE INDONESIAN QUESTION

ADOPTED AT THE 406TH MEETING OF THE SECURITY COUNCIL, 28 JANUARY
1949

THE SECURITY COUNCIL,

RECALLING its resolutions of 1 August 1947, 25 August 1947, and 1
November 1947 [1], 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 24 December 1948 and 28
December 1948 [2] 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 restoration of good relations between the
parties and with the final achievement of a just and lasting
settlement of the Indonesian dispute.

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 [3], 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 1 October 1949;

NOTING also with satisfaction that the Government of the
Netherlands plans to transfer sovereignty to the United States of
Indonesia by 1 January 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 position 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 guerrilla 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 17 December 1948 in the Republic of Indonesia; and
to facilitate the immediate return of officials of the Government
of the Republic of Indonesia to Jogjakarta 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 Jogjakarta area, which shall
include the city of Jogjakarta and its immediate environs. 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 the
Jogjakarta area 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 Linggadjati [4] and
Renville Agreements, and taking advantage of the extent of
agreement reached between the parties regarding the proposals [5]
submitted to them by the United States representative on the
Committee of Good Offices on 10 September 1948; 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 shall
be the result of the above negotiations and shall take place not
later than 15 March 1949; and
(b) The elections which are to be held for the purpose of choosing
representatives to an Indonesian Constituent Assembly should be
completed by 1 October 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
1 July 1950;

Provided that if no agreement is reached by one month prior to the
respective dates referred to in sub-paragraphs (a), (b), and (c)
above, the Commission referred to in paragraph 4 (a) below or such
other United Nations agency as may be established in accordance
with paragraph 4 (c) below, shall immediately report to the
Security Council with its recommendations for a solution of the
difficulties.

4. (a) 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 18 December, 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.

(b) 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 24 and
28 December 1948 as well as under the present resolution, and
shall temporarily suspend other activities.

(c) 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
authorized 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.

(d) The Commission shall have authority to consult with
representatives of areas in Indonesia other than the Republic, and
to invite representatives of such areas to participate in the
negotiations referred to in paragraph 3 above.

(e) The Commission or such other United Nations agency as may be
established in accordance with its recommendation under paragraph
4 (c) above is authorized to observe on behalf of the United
Nations the elections to be held throughout Indonesia and is
further authorized, in respect of the Territories of Java, Madura
and Sumatra, to make recommendations regarding the conditions
necessary (a) to ensure that the elections are free end
democratic, and (b) to guarantee freedom 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.

(f) 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 of the Jogjakarta area) 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 such
economic measures as are required for the proper functioning of
the administration and 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
(outside of the Jogjakarta 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.

(g) The Commission shall render periodic reports to the Council,
and special reports whenever the Commission deems necessary.

(h) 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 function.

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.