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Agreement between the Governments of Australia, Canada, India, New Zealand, Pakistan and the United Kingdom of Great Britain and Northern Ireland, and the Government of the Republic of Indonesia, respecting the War Cemeteries, Graves and Memorials of the Commonwealth in Indonesian Territory [1964] ATS 12

Australian Treaty Series

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Australian Treaty Series 1964 No 12

DEPARTMENT OF EXTERNAL AFFAIRS

CANBERRA

Agreement between the Governments of Australia, Canada, India, New Zealand, Pakistan and the United Kingdom of Great Britain and Northern Ireland, and the Government of the Republic of Indonesia, respecting the War Cemeteries, Graves and Memorials of the Commonwealth in Indonesian Territory

(Djakarta, 10 September 1962)

Entry into force for Australia and generally: 19 April 1964

AUSTRALIAN TREATY SERIES

1964 No. 12

Australian Government Publishing Service

Canberra

(c) Commonwealth of Australia 1996


COMMONWEALTH-INDONESIAN WAR GRAVES AGREEMENT

AGREEMENT BETWEEN THE GOVERNMENTS OF AUSTRALIA, CANADA, INDIA, NEW ZEALAND, PAKISTAN AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA, RESPECTING THE WAR CEMETERIES, GRAVES AND MEMORIALS OF THE COMMONWEALTH IN INDONESIAN TERRITORY

The Governments of the United Kingdom of Great Britain and Northern Ireland, Canada, Australia, New Zealand, India and Pakistan (hereinafter referred to as "the Commonwealth Countries") and the Government of the Republic of Indonesia;

ANIMATED by a common desire that the places of burial in Indonesian territory of members of the Armed Forces of the Commonwealth Countries who have fallen in the War of 1939-1945 (hereinafter referred to as "the Commonwealth War Cemeteries" or "Commonwealth War Graves" as the case may be) should be protected from risk of disturbance and assured of respect and care;

HAVE AGREED as follows:

Article 1

The Commonwealth War Graves Commission, Incorporated by Royal Charter on 21 May 1917, (hereinafter referred to as "the Commission") is recognised by the Government of the Republic of Indonesia as the sole official authority entrusted on behalf of the Governments of the Commonwealth Countries with the duties of laying out, constructing and maintaining the Commonwealth War Cemeteries and Graves and with powers of exhumation and reinterment.

Article 2

(1) The Government of the Republic of Indonesia shall grant to the Commission free of charge and in perpetuity the unrestricted use of the lands required for the Commonwealth War Cemeteries for that specific purpose and for so long as that use of land is continued.

(2) The number of Commonwealth War Cemeteries to be maintained permanently by the Commission shall be reduced to two to be selected by the Commission on behalf of the Commonwealth Countries in agreement with the Government of the Republic of Indonesia. The Commonwealth War Graves at other places in Indonesia shall be transferred to the two cemeteries.

Article 3

Exhumation of bodies from the Commonwealth War Cemeteries and Graves shall not be permitted unless undertaken or authorised by the Commission in agreement with the Government of the Republic of Indonesia.

Article 4

(1) The Government of the Republic of Indonesia recognises the right of the Commission to act in Indonesian territory as a properly constituted organization to ensure the upkeep of the Commonwealth War Cemeteries and Graves.

(2) After providing the necessary notice to and lodgment of plans regarding construction work for agreement with the Government of the Republic of Indonesia, the Commission is authorised to undertake the said plans by enclosing the Commonwealth War Cemeteries, by laying them out, by erecting in them sepulchral monuments or other suitable structures, by making plantations in them, by constructing and maintaining water installations in them, by designating from time to time custodians or persons (who shall be civilians and who may be nationals of the Commonwealth Countries) to take charge of them, and by enacting regulations governing visits to and the internal control of the same.

(3) Whenever it is considered that the land laying outside, but in the immediate vicinity of the Commonwealth War Cemeteries, requires protection from uses which may impair their appearance and tranquillity, the Government of the Republic of Indonesia will use its best endeavours to prevent the land being put to such uses.

Article 5

The Commission shall be represented in Indonesia in its relations with the Government of the Republic of Indonesia by an official in the service of and designated by the Commission for this purpose. Any question pertaining to the performance of the Commission's functions in Indonesia may be discussed directly between the official so designated by the Commission and the competent Indonesian authority.

Article 6

(1) The Commission shall be at liberty to import into Indonesia for sole use in discharging its functions, any articles or implements sent by an official in the services of and designated by the Commission in the form of construction materials, equipment, vehicles, machinery, shrubs and plants and other articles or implements necessary for construction, maintenance, embellishment and renovation of the Commonwealth War Cemeteries, free of customs and import dues and other charges as laid down by regulations operating in Indonesia.

(2) For each importation of the articles or implements mentioned above, previous approval of the Government of the Republic of Indonesia shall be obtained.

(3) The Commission shall be exempted from the payment of all taxes, dues or other State or local charges or impositions of whatsoever kind on the lands granted for the two cemeteries and structure therein, and on the Commission's properties, including motor vehicles, the importation of which has been approved by the Government of the Republic of Indonesia free of customs and import dues and other charges under paragraph (1) and (2) of this Article.

Article 7

This Agreement shall enter into force one month after the date of receipt by the Government of Australia, representing the Commonwealth Countries, of a Note of Acceptance from the Government of the Republic of Indonesia.[1]

IN WITNESS WHEREOF the undersigned, duly authorised thereto by their respective Governments, have signed the present Agreement.

DONE in duplicate at Djakarta on the 10th day of September 1962 in the English and Indonesian languages, both texts being equally authoritative. One copy shall be retained by the Government of the Republic of Indonesia, the other shall be deposited with the Government of Australia by whom certified copies shall be transmitted to other Commonwealth Governments signatory to the present Agreement.

FOR THE GOVERNMENT OF AUSTRALIA:

[Signed:]

PATRICK SHAW

FOR THE GOVERNMENT OF CANADA:

[Signed:]

JOHN P SIGVALDASON

FOR THE GOVERNMENT OF INDIA:

[Signed:]

APA B PANT

FOR THE GOVERNMENT OF NEW ZEALAND:

[Signed:]

DUNCAN M RAE

FOR THE GOVERNMENT OF PAKISTAN:

[Signed:]

S AHMAD

FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

[Signed:]

LESLIE FRY

FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA:

[Signed:]

SUBANDRIO

[1] The Agreement entered into force 19 April 1964.