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 and Renville Agreements, and taking advantage of the extent of agreement reached between the parties regarding the proposals 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;

(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 and 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.

155. AGREEMENT BETWEEN THE NETHERLANDS AND REPUBLIC OF INDONESIA 1

1

Letter From Netherlands Representative to President of Security Council, May 7, 1949

SIR, I have the honour to inform you that today, 7 May, the Delegations of the Netherlands and of the Republic of Indonesia met in Batavia, under the auspices and in the presence of the United Nations Commission for Indonesia, and made the following formal statements, endorsed by their respective governments.

The statement of the Chairman of the Republican Delegation, Dr. Mohammed Rum, reads as follows:

"As Chairman of the Republican Delegation I am authorized by President Sukarno and Vice President Mohammed Hatta to give their personal assurances they they favour, in conformity with the Security Council's Resolution of January 28th, 1949 and its directive of March 23rd:

1. The issuance of an order to the Republican armed adherents to cease guerrilla warfare,

2. Co-operation in restoration of peace and the maintenance of law and order, and

3. Participation in a round table conference at The Hague with a view to accelerate the unconditional transfer of real and complete sovereignty to the United States of Indonesia.

President Sukarno and Vice President Hatta undertake that they will urge the adoption of such a policy by the Government of the

1 Department of State Bulletin of May 22, 1949, pp. 653-654. UN Doc. S/1319.

Republic of Indonesia as soon as possible after its restoration at Djokjakarta."

The statement of the Chairman of the Netherlands Delegation, Dr. J. H. van Roijen, reads as follows:

"1. The Netherlands Delegation is authorized to state that, in view of the undertaking just announced by Dr. Mohammed Rum, it agrees to the return of the Republican Government to Djokjakarta. The Netherlands Delegations agrees further to the setting up of one or more joint committees under the auspices of the United Nations Commission for Indonesia, for such purposes as:

A. to make the necessary investigations and preparations preliminary to the return of the Republican Government to Djokjakarta;

B. to study and advise on the measures to be taken in order to effectuate the cessation of guerrilla warfare and the co-operation in the restoration and maintenance of law and order.

2. The Netherlands Government agrees that the Republican Government shall be free and facilitated to exercise its appropriate functions in an area of the residency of Djokjakarta and that this is a step taken in the light of the Security Council's directive of March 23rd, 1949.

3. The Netherlands Government re-affirms its willingness to insure the immediate discontinuance of all military operations and to release immediately and unconditionally all political prisoners arrested by them since December 17th, 1948 in the Republic of Indonesia.

4. Without prejudice to the right of self-determination of the Indonesian people as recognized by Linggadjati and the Renville principles, the Netherlands Government will refrain from the establishment or recognition of Negaras or Daerahs on territory under Republican control prior to December 19th, 1948, and from the expansion of Negaras and Daerahs affecting said territory.

5. The Netherlands Government favours the existence of the Republic as a state to take its place in the United States of Indonesia. When a provisional representative body for the whole of Indonesia is to be established and it consequently becomes necessary to determine the number of representatives from the Republic to said body, this number will be one half of the total membership exclusive of the Republican's membership.

6. Consonant with the intent of the Security Council's ruling of March 23rd, 1949, on the subject of the proposed round table conference at The Hague to the end that the negotiations contemplated by the resolution of January 28th, 1949, may be held as soon as possible, the Netherlands Government is fully prepared to do its utmost that this conference take place immediately after the return of the Republican Government to Djokjakarta. At this conference discussions will take place as to the way in which to accelerate the unconditional transfer of real and complete sovereignty to the United States of Indonesia in accordance with the Renville principles.

7. In the light of the necessary co-operation in the restoration of peace and the maintenance of law and order, the Netherlands Government agrees that in all those areas outside the residency of Djokjakarta where civil, police and other officials of the Government of Indonesia are not operating at present, the Republican civil, police and other officials, where still operating, will remain in function.

It is understood that the Netherlands authorities shall afford to the Republican Government such facilities as may reasonably be required by that Government for communication and consultation with all persons in Indonesia, including those serving in civil and military services of the Republic, and that the technical details will have to be worked out by the parties under the auspices of the United Nations Commission for Indonesia."

I would highly appreciate it if you would have the contents of this letter circulated to the Members of the Security Council.

I have [etc.]

J. W. M. SNOUCK HURGRONJE.

156. THE HAGUE ROUND TABLE CONFERENCE ON

INDONESIA 1

Draft Charter of Transfer of Sovereignty, November 2, 1949

ARTICLE 1

1. The Kingdom of the Netherlands unconditionally and irrevocably transfers complete sovereignty over Indonesia to the Republic of the United States of Indonesia and thereby recognizes said Republic of the United States of Indonesia as an independent and sovereign State.

2. The Republic of the United States of Indonesia accepts said sovereignty on the basis of the provisions of its Constitution which as a draft has been brought to the knowledge of the Kingdom of the Netherlands.

3. The transfer of sovereignty shall take place at the latest on 30 December 1949.

ARTICLE 2

With regard to the residency of New Guinea it is decided:

a. in view of the fact that it has not yet been possible to reconcile the views of the parties on New Guinea, which remain, therefore, in dispute,

6. in view of the desirability of the Round Table Conference concluding successfully on 2 November 1949,

c. in view of the important factors which should be taken into account in settling the question of New Guinea,

d. in view of the limited research that has been undertaken and completed with respect to the problems involved in the question of New Guinea,

e. in view of the heavy tasks with which the Union partners will initially be confronted, and

f. in view of the dedication of the parties to the principle of resolving by peaceful and reasonable means any differences that may hereafter exist or arise between them,

1 Round Table Conference, Results as accepted in the Second Plenary Meeting, held on 2 November 1949 in the "Ridderzaal" at the Hague, published by the Secretariat of the Round Table Conference. This publication also includes the Draft Union Statute with attached agreements, the Draft Agreement on transitional measures with attached agreements, Exchange of Letters, and an English translation of the Constitution of the Republic of the United States of Indonesia.